If any of our loyal readers are in search of some CLE earlier than the tip of the 12 months, Reed Smith is providing a digital (reside webcast) Life Sciences Litigation CLE Day on November 16, operating from 10 a.m. to 4:30 p.m. ET. Bexis and Steve McConnell can be amongst your Reed Smith presenters. Here’s a hyperlink to the registration web page for particulars on jurisdictions by which credit score can be provided.
Since it may be significantly difficult to seek out Ethics credit, we be aware that the day will finish with an Ethics CLE. Our colleagues David Cohen and Mildred Segura will current “You Be the Decide: Ethics Version,” a enjoyable (we hope), interactive sport that can check your information of authorized ethics guidelines surrounding e-discovery. David and Mildred will current related details from a number of current circumstances. For every case, contributors can be offered with key e-discovery moral questions confronted by the choose and might want to resolve how the choose dominated – or ought to have dominated.
The day will kick off with “Forewarned is Forearmed: Product Threat Assessments, Early Case Assessments, and Different Protecting Measures,” a session offered by our colleagues Elizabeth Brandon, Melissa Geist, and Janet Kwuon. Product danger assessments, early case assessments, and different mitigation methods are necessary instruments for all times sciences corporations in search of methods to establish expensive liabilities and cut back danger earlier than potential issues turn out to be entrance web page information. Elizabeth, Melissa, and Janet will present an summary of those instruments and their targets and focuses, talk about when the instruments can most advantageously be carried out, share case research and related learnings derived from precise assessments, and supply finest practices corporations can implement going ahead to mitigate product legal responsibility danger.
Subsequent up is Bexis, who, together with our colleague Jenn Eppensteiner, will current “Preemption in Perspective: A Balanced Overview of Preemption Points Affecting Medication, Medical Units, and Vaccines as 2023 Attracts to a Shut.” Preemption stays essentially the most highly effective protection in prescription medical product legal responsibility litigation. This 12 months’s presentation explains vital preemption-related developments during the last 12 months, each favorable and unfavorable. Study an necessary preemption choice for our FDA-regulated sandbox that didn’t contain any of those merchandise (and now has dodged a possible Supreme Court docket bullet). Our emphasis is sensible – how preemption can win circumstances in litigation – however the presentation may also talk about the Supreme Court docket’s evolving preemption framework.
Steve McConnell, together with our colleagues Shana Russo and Alexandra Hussey, will then talk about “Present Developments in OTC Product Legal responsibility Litigation.” Plaintiffs’ counsel appear to be more and more setting their sights on the OTC phase of the pharmaceutical trade, the place the Realized Middleman Doctrine doesn’t function a barrier, the place huge use of OTC merchandise expands the vary of potential plaintiffs, and the place litigation can goal well-known prescription drug mother or father corporations. Associated shopper fraud/financial loss claims additionally frequently abound. This session will present an summary of current developments and fascinating choices on this sector, look at the distinctive challenges of defending these kinds of claims, and spotlight some profitable protection methods.
Subsequent up, our colleagues Cori Annapolen Goldberg, Mildred Segura, and Sung Park will current on “Challenges in Digital Well being and AI: Present Regulatory and Product Legal responsibility Panorama and Getting ready for What’s Forward.” Corporations working within the digital well being, synthetic intelligence, and machine studying house have rapidly appreciated that the sophistication and expertise concerned of their merchandise is gentle years forward of the legal guidelines and rules meant to control them. This disparity is obvious in how these merchandise are regulated by the FDA, how these corporations commercialize their merchandise and choices, and the way their merchandise can be utilized within the provision of well being care companies. This dialogue will present an summary of the present regulatory framework in place, together with current updates from FDA, in addition to the present product legal responsibility authorized panorama, together with what we expect is forward for this phase of the trade, which is predicted to expertise continued explosive progress within the subsequent decade.
After which our colleagues Joe Mahady, Heather Ritch Rocks, and Sarah Johansen will current on “Product Legal responsibility Growth: New Plaintiff Theories and Efficient Defenses.” This session will cowl makes an attempt to increase warnings and design defect claims; expanded negligence claims and concerned, expansive discovery from third-party suppliers; an summary of plaintiffs’ counsel’s use of public nuisance claims; and the potential new “responsibility to innovate” into account within the California courts.
Once more, you will discover the registration web page right here.
CLE Data: The “You Be the Decide” session is presumptively authorized for 1.0 CLE ethics credit score in California, Connecticut, Illinois, New Jersey, New York, Pennsylvania, Texas, and West Virginia. Functions for CLE credit score are being filed in Delaware, Florida, Ohio, and Virginia. Attendees who’re licensed in different jurisdictions will obtain a uniform certificates of attendance however Reed Smith solely offers credit score for the states listed.
All different webinars are presumptively authorized for 1.0 CLE credit score in California, Connecticut, Illinois, New Jersey, New York, Pennsylvania, Texas and West Virginia. Functions for CLE credit score are being filed in Delaware, Florida, Ohio, and Virginia. Attendees who’re licensed in different jurisdictions will obtain a uniform certificates of attendance however Reed Smith solely offers credit score for the states listed.
Please enable 4-6 weeks for CLE processing.