Hall of Shame: PayPal’s New User Agreement

November 01, 2012

Changes have come to PayPal’s user agreement, and of course, the changes are not for the benefit PayPal’s customers. The company recently added a section to its user agreement which takes away a user’s right to sue in court. PayPal[...]

In re DDAVP Indirect Purchaser Opinion: Getting It Right

October 29, 2012

Recently, Judge Seibel of the Southern District of New York denied Defendants’ motion to dismiss in the In re DDAVP Indirect Purchaser Antitrust Litigation.[1]  The case involves the drug DDAVP, an antidiuretic containing desmopressin acetate.  Plaintiffs allege that Defendants Ferring[...]

Medical Devices in the Market: Are they Safe, or Just Similarly Dangerous?

October 23, 2012

Efficiency and speed is valued when bringing new medical devices to the market, but what remains relatively unknown are the risks inherent in the current U.S. Food and Drug Administration (FDA) approval process.  The 510(k) process, outlined in the Federal[...]

The Seventh Circuit’s First Year of Living with Wal-Mart v. Dukes

October 02, 2012

Last summer, when the Supreme Court issued its decision in Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011), some commentators said that the case foreshadowed the end of large employment class actions. Those predictions are proving incorrect, at least[...]

Dodd-Frank Two Years Later, Part I

September 24, 2012

I spoke recently at the annual conference of the National Association of State Treasurers (“NAST”).  The panel I was on was directed to Dodd-Frank and the impact of its financial reforms two years after the Act became law.  I’m going[...]

FDA User Fee Legislation: Lowering Consumer Costs by Increasing the Availability of Generic Drugs on the Market

September 20, 2012

On May 30, 2012, the U.S. House of Representatives passed H.R. 5651 in a 387-5 vote, following Senate approval of corresponding legislation in the process of reauthorizing the FDA Prescription Drug User Fee Act (PDUA).  With the current Act expiring[...]