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How The Pharmaceutical Industry Is Coming Under Attack - Part II

In last month's issue, the authors described the methamphetamine epidemic that is plaguing the U.S. and how the states and Congress have been responding to it. This article discusses how successful those responses have been, as well as pseudoephedrine-related lawsuits that are targeting the...

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How The Pharmaceutical Industry Is Coming Under Attack - Part I

Introduction Methamphetamine abuse is a growing epidemic that is plaguing the United States. Methamphetamine in this country is either imported from Mexico or produced in homemade, local 'laboratories.' One of the key ingredients used to produce methamphetamine is pseudoephedrine, which is...

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Proceed With Caution When Using Independent Contractor Status

Classifying workers as independent contractors continues to be a risky proposition for employers. Many employers utilize this classification to avoid paying minimum wage/overtime, or to avoid providing benefits. Improper classification may result in tax and wage law violations for the employer and...

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Redevelopment Opportunities For Contaminated Properties

For over a decade, many corporations have elected to simply "warehouse" old industrial properties at which operations have been terminated or considerably reduced. Concern as to the apparently unquantifiable costs of environmental remediation and liability have caused these entities to keep their...

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Employer As Employee: The Continuing Expansion Of Whistle-Blower Protection By New Jersey Courts

In Feldman v. Hunterdon Radiological Associates, et al., Docket No. A-4732-03T3 (App. Div. August 15, 2005), the Appellate Division held that a shareholder/director of a medical practice was an "employee" under the Conscientious Employee Protection Act ("CEPA" or "the Act"), N.J.S.A. 34:19-1 to...

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Policy Issues Alert! Will Congress Follow The Lead Of State Legislatures And Force The Pharmaceutical Industry To Counteract The Methamphetamine Epidemic?

Pseudoephedrine is the active ingredient in many cold medications. Pseudoephedrine is also a key ingredient in methamphetamine, a highly addictive illegal drug that is imported into the United States primarily from Mexico and is also produced in homemade "laboratories" that have sprung up...

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Putting The Screws To Infringement Claims: Third Circuit Finds No Copyright Protection For Product Numbers

Numbers that a company uses to identify and distinguish its products are not entitled to copyright protection. In Southco, Inc. v. Kanebridge Corp., 390 F.3d 276 (3d Cir. 2004), the United States Court of Appeals for the Third Circuit recently held en banc that serial numbers assigned by...

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