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[...]

The Nameless and the Powerful

September 20, 2012

A national survey conducted by Findlaw.com recently put focus on most Americans’ lack of knowledge about the Supreme Court. Nearly two-thirds of Americans cannot name one Justice currently serving on the Supreme Court. Not even one. While their names may[...]

In Defense of Cy Pres Distributions

August 07, 2012

The doctrine of “cy pres,” a term that derives from the Norman French expression “cy pres comme possible,” or “as near as possible,” is an equitable doctrine that allows money damages in class actions to be used for charitable purposes[...]