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HTMLTobacco Companies Sue FDA Over Graphic Warnings Rule
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
August 22, 2011, previously published on August 17, 2011
Earlier this week, a group of five tobacco companies (R.J. Reynolds Tobacco Company, Lorillard Tobacco Company, Commonwealth Brands, Inc., Liggett Group LLC, and Santa Fe Natural Tobacco Company, Inc.) filed a four-count Complaint against FDA in the U.S. District Court for the District of Columbia...


HTMLFTC: Sales, Advertising, and Promotion Decline for Cigarettes, Increase for Smokeless Tobacco
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
August 11, 2011, previously published on August 2, 2011
The Federal Trade Commission ("FTC") issued the latest in a series of reports on sales, advertising, and promotion of cigarettes and smokeless tobacco. The reports are based on data submitted to FTC by industry. The cigarette report states that the “total number of cigarettes...


HTMLStarting The Statute Of Limitations Clock In California Becomes More Difficult In Certain Toxic Tort Cases
Craig T. Liljestrand; Hinshaw & Culbertson LLP;
Legal Alert/Article
June 21, 2011, previously published on June 17, 2011
The California Supreme Court recently decided that claims arising from separate injuries caused by the same wrongdoing may accrue on different dates according to when the plaintiff discovered each injury. Pooshs v. Philip Morris USA, INC., 51 Cal.4th 788 (Cal. 2011).


HTMLTherasense: Federal Circuit Changes Materiality Standard in Attempt to Cure "Plague" of Inequitable Conduct Cases
James Moore Bollinger, Daniel A. Ladow, Jeffrey C. Morgan, Douglas "Doug" D. Salyers, Trenton A. Ward, Dustin B. Weeks; Troutman Sanders LLP;
Legal Alert/Article
June 2, 2011, previously published on May 31, 2011
To prove that an applicant for a patent committed inequitable conduct in obtaining its patent, a party making that charge must prove, by clear and convincing evidence, both: (1) the materiality of the withheld prior art reference, and (2) that the applicant withheld the prior art with an intent to...


HTMLAlliance One and Universal Corp Settle DOJ, SEC Charges; Former Country Manager of Alliance One Pleads Guilty
Raymond Banoun; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 31, 2010, previously published on August 16, 2010
On August 6, 2010, two subsidiaries of Alliance One International ("Alliance One") and a subsidiary of Universal Corporation ("Universal") agreed to plead guilty to FCPA-related criminal charges while the parent entities entered into non-prosecution agreements with the...


HTMLLocal Ordinance that Suspends a Tobacco Sales License for Selling Tobacco to Minors is Not Preempted by State Law
Mona Ebrahimi; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
July 23, 2010, previously published on July 09, 2010
In Prime Gas, Inc. v. City of Sacramento, (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., May 13, 2010), a California Court of Appeal considered whether a city ordinance that suspended or revoked a retailer’s license to sell tobacco, if the retailer was found selling tobacco to minors, was preempted...


HTMLOregon Supreme Court Takes Away $100 Million in Punitive Damages Due to Flawed Jury Instruction
Lori Irish Bauman; Ater Wynne LLP;
Legal Alert/Article
July 6, 2010, previously published on June 27, 2010
When the US Supreme Court decided Williams v. Philip Morris in 2007, it created a challenge for judges instructing juries on punitive damages. The Due Process Clause prevents a jury from imposing punitive damages to punish a defendant directly for harm it causes to non-parties. But a jury can...


HTMLSmoke-Free Workplace Policies: Some Clarity and Consistency, Please
Michael J. Soltis; Jackson Lewis LLP;
Legal Alert/Article
May 21, 2010, previously published on May 5, 2010
The Centers for Disease Control reported recently that tobacco use is the single most preventable cause of death and disease in the United States, causing about 443,000 deaths annually. The report adds that for every person who dies from tobacco use, another 20 have at least one tobacco-related...


HTMLLarge UK Fine for Retail Pricing Practices
Matthew R.E. Hall, Robert Rakison; McGuireWoods LLP;
Legal Alert/Article
May 7, 2010, previously published on May 4, 2010
On April 16, 2010, the UK Office of Fair Trading (OFT) announced total fines of GBP225 million on two tobacco manufacturers and 10 retailers for retail pricing practices concerning tobacco products in the UK ¿ the largest total fine imposed by the OFT in a case under the UK Competition Act...


HTMLFDA Final Rule Outlaws Certain Brand Names
Bryan M. Haynes, Nancyellen Keane; Troutman Sanders LLP;
Legal Alert/Article
April 16, 2010, previously published on March 23, 2010
Your brand that you worked to protect may be in jeopardy. Under the final rule issued by FDA March 19, 2010, manufacturers may not use a brand name of a nontobacco product as the brand name for a cigarette or smokeless tobacco product unless the brand name was being used by both the tobacco...


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