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Publications

The Future of Supply Chain Management


Question:What can the life sciences industry learn from the aerospace industry’s Nadcap program for supply chain management? Answer: Partly as a result of the growing complexity...

Human Tissue Products


Products or product components that are composed of human cells and tissues, such as stem cells, are at the forefront of medical technology. They may also receive unique treatment under...

Product Labeling Requirements


Question:How do product labeling requirements differ between medical devices and pharmaceuticals? Answer: The FDA has stringent regulations regarding the labeling of medical...

Changing Times: What Buyers of Legal Services Need to Know Now


If you think you know how corporate legal services are purchased, you might want to take a second look, because the relationship between companies and their lawyers is rapidly...

The Perfect Storm: Keys to a Successful Products Liability Defense


Snow in Dallas on Thanksgiving day? The last thing anyone expected for the Dolphins - Cowboys game that afternoon. We had been dealing with it the whole game and as it continued to build...

Managing Litigation Expenses: Ebbing the Tide


You’re the CEO of a medical device company that manufactures implantable orthopedic devices. Your company has enjoyed years of success with limited FDA involvement. But then the Warning...

Component Parts and Raw Materials, Successors, and Distributor Liability


Introduction Now that we have discussed the four main theories of liability that can arise when selling a product – manufacturing, design, warnings and instructions, and marketing...

Off-Label Promotion


Question:What risk management precautions should a firm take if significant sales are derived from off-label use of its drug or device? Answer: Promoting medical devices and...

Battle of the Forms and Contracts


Question:What is the "battle of the forms" and how can life sciences companies benefit from using contracts? Answer: The “battle of the forms” refers to a method of determining...

When is a Drug or Device Misbranded?


The Federal Food, Drug, and Cosmetic Act ("FDCA") is a federal law that is a primary source for many rules that impact the pharmaceutical and medical device industries. The FDCA's intent...