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Healthcare | Life Sciences
The FDA’s Efforts To Regulate Dietary Supplements, Then And Now
Dietary supplements – vitamins, minerals herbs, amino acids and other substances – have soared in popularity over the last two decades, creating a $20 billion industry with over 1,000 manufacturers marketing more than 29,000 products.[1] The FDA regulates dietary supplements under a...
Read MoreCivil Justice
Amending Rule 45: Clarifying And Changing Subpoena Practices
In considering potential changes to the subpoena rule, Rule 45 (the Rule), which had not been changed in 20 years, the Civil Rules Advisory Committee (CRAC) was of the view that there were things that needed to be clarified or changed and that it was very lengthy and at times hard to follow....
Read MoreConsumer Protection
The New Jersey Consumer Fraud Act Has Limits In Commercial Transactions
Yes, I know that it is called the New Jersey Consumer Fraud Act (the “CFA”).[1] Notwithstanding the nomenclature, the CFA has been applied to business-to-business transactions. The result is predictable: plaintiffs in business-to-business disputes are adding CFA counts and stretching...
Read MoreHealthcare
Hervé Gouraige: A Unique Perspective Makes For Innovative Defense Strategies
Editor: Congratulations on your election as president of the Harvard Law School Association of New Jersey. Please tell our readers about the areas of activity promoted by the association. Gouraige: Thank you very much. The Association seeks to establish networking opportunities for Harvard Law...
Read MoreBankruptcy & Restructuring
Intellectual Property And Bankruptcy: Strategies For Intellectual Property Licensees Who Depend Upon The Use Of Complementary Trademarks When A Licensor Files For Bankruptcy
The bankruptcy of a licensor can dramatically impact the rights of an intellectual property licensee. As discussed below, that impact can be particularly acute when the value of an intellectual property license is dependent upon the continued use of a trademark because the Bankruptcy Code...
Read MoreReal Estate
The New Jersey Supreme Court Extends The Powerful New Jersey Consumer Fraud Act To Foreclosures
On August 29, 2011, the New Jersey Supreme Court issued an opinion in Gonzalez v. Wilshire Credit Corp., 207 N.J. 557, 25 A.3d 1103, 2011 N.J. LEXIS 931 (2011) that all New Jersey mortgage lenders should read. In sum, the Court held that the consumer-friendly New Jersey Consumer Fraud...
Read MoreInternational Trade
U.S. Supreme Court Reverses New Jersey's Exercise Of Personal Jurisdiction Over Foreign Manufacturer
In J. McIntyre Machinery, Ltd. v. Nicastro , 131 S. Ct. 2780 (2011), the U.S. Supreme Court reversed a New Jersey Supreme Court holding that courts in this state can exercise personal jurisdiction over a foreign manufacturer defendant in a product liability action under a "stream of...
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