If any of our loyal readers are on the lookout for some CLE earlier than the top of the yr, Reed Smith is providing a digital (stay webcast) Life Sciences Litigation CLE Day on November 16, working 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 wherein credit score can be supplied.
Since it may be notably difficult to search 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 recreation that may take a look at your data of authorized ethics guidelines surrounding e-discovery. David and Mildred will current related details from a number of latest circumstances. For every case, members can be offered with key e-discovery moral questions confronted by the choose and might want to determine 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 vital instruments for all times sciences firms in search of methods to establish pricey liabilities and scale back danger earlier than potential issues turn out to be entrance web page information. Elizabeth, Melissa, and Janet will present an outline of those instruments and their targets and focuses, focus on when the instruments can most advantageously be applied, share case research and related learnings derived from precise assessments, and supply finest practices firms 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 Evaluation of Preemption Points Affecting Medicine, Medical Units, and Vaccines as 2023 Attracts to a Shut.” Preemption stays probably the most highly effective protection in prescription medical product legal responsibility litigation. This yr’s presentation explains vital preemption-related developments during the last 12 months, each favorable and unfavorable. Be taught an vital preemption resolution for our FDA-regulated sandbox that didn’t contain any of those merchandise (and now has dodged a possible Supreme Courtroom bullet). Our emphasis is sensible – how preemption can win circumstances in litigation – however the presentation may also focus on the Supreme Courtroom’s evolving preemption framework.
Steve McConnell, together with our colleagues Shana Russo and Alexandra Hussey, will then focus on “Present Developments in OTC Product Legal responsibility Litigation.” Plaintiffs’ counsel appear to be more and more setting their sights on the OTC section 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 mum or dad firms. Associated shopper fraud/financial loss claims additionally frequently abound. This session will present an outline of latest developments and attention-grabbing selections on this sector, study 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 Making ready for What’s Forward.” Corporations working within the digital well being, synthetic intelligence, and machine studying house have shortly appreciated that the sophistication and expertise concerned of their merchandise is mild years forward of the legal guidelines and laws supposed to manipulate them. This disparity is obvious in how these merchandise are regulated by the FDA, how these firms 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 outline of the present regulatory framework in place, together with latest updates from FDA, in addition to the present product legal responsibility authorized panorama, together with what we predict is forward for this section of the trade, which is anticipated to expertise continued explosive development within the subsequent decade.
After which our colleagues Joe Mahady, Heather Ritch Rocks, and Sarah Johansen will current on “Product Legal responsibility Enlargement: New Plaintiff Theories and Efficient Defenses.” This session will cowl makes an attempt to broaden warnings and design defect claims; expanded negligence claims and concerned, expansive discovery from third-party suppliers; an outline of plaintiffs’ counsel’s use of public nuisance claims; and the potential new “responsibility to innovate” into consideration 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 permitted 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 supplies credit score for the states listed.
All different webinars are presumptively permitted 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 supplies credit score for the states listed.
Please enable 4-6 weeks for CLE processing.