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AI Insights: Wishing & Washing
Julie Averill was the chief information officer at Lululemon for nearly eight years. When she left, her successor got a new title: Chief A.I. and Technology Officer. In an August 3 New York Times op-ed, “I Helped Run Lululemon. Companies Need to Stop Kidding Themselves About A.I.,” she named the pattern she’d been watching from…
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PTAB/USPTO Update – August 2026
The USPTO announced that, as of July 1, the USPTO’s Trademarks organization achieved full adoption of the USPTO’s enterprise AI tool, Scout LLM, expanding access to all work units, including examining attorneys….By: WilmerHale
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PTAB/USPTO Update – August 2026
The USPTO announced that, as of July 1, the USPTO’s Trademarks organization achieved full adoption of the USPTO’s enterprise AI tool, Scout LLM, expanding access to all work units, including examining attorneys….By: WilmerHale
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Where Can You Find FDA Warnings About Defective Drugs?
Defective drugs are, unfortunately, a very real concern for patients across the United States. While pharmaceutical companies have an obligation to ensure that their drugs are reasonably safe and provide adequate warnings when necessary, they often don’t do what is required….By: Searcy Denney Scarola Barnhart & Shipley
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Where Can You Find FDA Warnings About Defective Drugs?
Defective drugs are, unfortunately, a very real concern for patients across the United States. While pharmaceutical companies have an obligation to ensure that their drugs are reasonably safe and provide adequate warnings when necessary, they often don’t do what is required….By: Searcy Denney Scarola Barnhart & Shipley
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No “Duty to Innovate” – California’s Highest Court Finds Gilead Sciences Not Negligent for Delaying Release of Allegedly Safer HIV Drug
California court holds that drug manufacturers do not have a duty to commercialize a safer drug to replace a nondefective one. In the Gilead Tenofovir Cases, a group of unnamed plaintiffs alleged that Gilead was negligent by unreasonably delaying the release of a new HIV drug to maximize profits of an older, less……By: Knobbe Martens
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No “Duty to Innovate” – California’s Highest Court Finds Gilead Sciences Not Negligent for Delaying Release of Allegedly Safer HIV Drug
California court holds that drug manufacturers do not have a duty to commercialize a safer drug to replace a nondefective one. In the Gilead Tenofovir Cases, a group of unnamed plaintiffs alleged that Gilead was negligent by unreasonably delaying the release of a new HIV drug to maximize profits of an older, less……By: Knobbe Martens
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Third Circuit Decision Reshapes Creditor Standing In Successor Liability Disputes
In a recent Third Circuit opinion, the Court clarified the standard for determining whether successor liability claims are property of the estate such that, upon the filing of a bankruptcy petition, creditors may be divested of their standing to pursue such claims….By: Benesch
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Third Circuit Decision Reshapes Creditor Standing In Successor Liability Disputes
In a recent Third Circuit opinion, the Court clarified the standard for determining whether successor liability claims are property of the estate such that, upon the filing of a bankruptcy petition, creditors may be divested of their standing to pursue such claims….By: Benesch
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Third Circuit Confirms Correlation Still Does Not Prove Causation
A recent Third Circuit decision is a useful and quotable reminder that temporal correlation is not enough to prove causation. Causation is an indispensable element of any product liability action. It is the same in pharmaceutical third-party payor (TPP) class actions, where it is often the element most likely to defeat class certification….By: Faegre Drinker…