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The Pain Game

December 28, 2015

Most physicians believe that their prescribing practices will not be investigated. However, a recent article published in the Annals of Internal Medicine highlights consideration of the evolving landscape of pain management with opioid analgesics by practitioners both treating and following patients complaining of chronic non-cancer pain. Taken in conjunction with the recently revised Federation of State Medical Boards (FSMB) Model Policy, physicians who treat patients with analgesic opioids may be more vulnerable than ever to medical malpractice litigation and licensing board actions....

December 22, 2015

In today's day and age of internet retail shopping, companies and consumers alike rely heavily on search engines and keyword advertising to aid a consumer's search in finding products to purchase. However, on July 6, 2015, the United States Court of Appeals for the Ninth Circuit held that Amazon may have created a likelihood of confusion to customers who were searching for Multi Time Machine Inc.'s manufactured military-style "MTM Special Ops" watches. With this holding, the United States Court of Appeals may have expanded trademark owners' rights in the search engine context....

December 11, 2015

The single enterprise theory is used to hold multiple legal personalities liable as a single entity, thereby disregarding the statutory protection from extracorporate liability. In California, the doctrine is called the "single enterprise theory," but it is known in other states in somewhat similar terminology. Whatever the name, the theory increasingly is being alleged in plaintiffs' complaints, particularly against real estate developers. ...

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