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Life Sciences
Life Sciences: Protecting the Crown Jewels - Important Strategies for Licensors of Intellectual Property
An innovator or owner of patent rights or other technology in the life sciences arena is often unable, because of lack of financial or other resources, to develop or commercialize a pharmaceutical product covered by such intellectual property rights. In these cases, the innovator/owner (the...
Read MoreAppellate Law
Poking Holes in Pliva v. Mensing: Are Failure to Timely Update Label Claims Cognizable?
In Pliva, Inc. v. Mensing, 131 S. Ct. 2567 (2011), the United States Supreme Court held that state law failure to warn claims against manufacturers of generic pharmaceutical products were impliedly pre-empted by federal law because FDA regulations preclude generic manufacturers from including...
Read MoreReal Estate
Development-Leasing Matters: Constructing a Deal That Is Built to Last
Over the last few years, and with an accelerated frequency this past year, I have received an influx of development-leasing matters, from both landlords and tenants. These deals have spanned several states, from New York and New Jersey to Florida and Texas, as well as a variety of asset types...
Read MoreHealthcare
Balancing Patient Care With Whistleblower Liability Concerns
Editor: What do you credit for the recent uptick in whistleblower cases relating to the healthcare sector? Kierkut: I believe that there are two major reasons for the uptick. The first is that there is a big increase in the number of hospitals merging in the healthcare industry and that has...
Read MoreReal Estate
Transfer Tax Considerations For The Purchase And Sale Of New Jersey Real Property
Introduction When selling or purchasing real property in New Jersey, one should be aware of certain transfer taxes and other local New Jersey tax issues that may arise in connection with the transaction. By being aware of these tax issues, the seller and purchaser will be able to draft the...
Read MoreBankruptcy & Restructuring
Mysteries Of The Uniform Commercial Code: Leases Of Goods That Become Installed In, Affixed To, Or Mixed With Other Goods
The relative priorities in leased goods of a lessor vis-à-vis other lessors and secured creditors impacts the amount that the lessor will recover from an insolvent lessee. Where the leased goods are to become installed in, affixed to, or mixed with other goods, it is not always possible...
Read MoreGovernment Contracts
Former Congressman On The Iron Dome And Advice To Defense-Related Companies
Editor: Together with your colleagues on the House Defense Appropriations Subcommittee, you helped to secure significant U.S. funding for the Iron Dome. What are its origins? When did the U.S. decide to help Israel with this system? Why is it important to a de-escalation of violence? ...
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