Product Liability Monitor

April 10, 2017
New Developments
I Like It, But Do I Trust It? Drivers Weigh In on Autonomous Vehicle Technology
By Shannon PetersThe American Automobile Association (AAA) recently released the results of a survey of American drivers which yielded an interesting conclusion:  Americans want autonomous vehicle (AV) technologies in their next vehicle, but they are not sold on fully self-driving cars.The AAA survey indicates that 75 percent of Americans would be afraid to ride in a self-driving vehicle, and more than half would feel less safe sharing the roads with a self-driving car. Not surprisingly, younger generations are slightly less afraid of this developing technology than their older counterparts. [Continue Reading]
Walking the Lone Pine Trail
By Alan HoffmanLone Pine orders take their name from Lore v. Lone Pine Corp. They are most often entered in toxic tort litigation, requiring plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Typically, such orders call for expert affidavits or other evidence supporting a claimed connection between the plaintiff’s condition and defendants’ products. [Continue Reading]
Due Process Limits on Personal Jurisdiction
By Dan JaffeIn recent years the United States Supreme Court has strengthened the due process protections for defendants against suits in states with which they have no meaningful contacts. In J. McIntyre Machinery, Ltd. v. NiCastro, the plaintiff sued the British manufacturer of a metal-shearing machine in New Jersey, where he was injured. The defendant neither marketed nor sold its products in that State. It sold its machines nationwide through an independent U.S. distributor, but defendant’s representatives were never present in New Jersey. In any event, no more than four of its machines ended up in New Jersey. The Court held that exercise of judicial power over a defendant is unlawful unless the defendant purposefully avails itself of the privilege of conducting activities within the forum State. [Continue Reading]
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Technology, Manufacturing & Transportation
Product Liability PracticeManufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]
Product Liability Monitor Archive
March 2017

 

droneThe Federal Aviation Administration’s 2017 Unmanned Aircraft Systems (“UAS”) Symposium opened on March 27, 2017. Through the first two days of the conference, the FAA has focused on its efforts to work with UAS industry stakeholders to facilitate the integration of UAS into the national airspace system (“NAS”).  In particular, the FAA has focused on three main issues: (1) the promulgation of performance based standards to accommodate future operations as UAS technology evolves; (2) the implementation of a technology based solution to facilitate compliance with FAA regulations and thus operation of UAS and further innovation; and (3) continued integration, as opposed to segregation, of various UAS into the NAS.

Continue Reading Federal Aviation Administration 2017 Unmanned Aircraft Systems Symposium, Days 1-2

Product Liability Monitor

February 8, 2017
New Developments
Autonomous Vehicle Technology Regulation In the Trump Administration
By Eric B. Krauss

Last autumn President Obama revealed his administration’s plan for autonomous driving technology. The National Highway Traffic Safety Administration (“NHTSA”) published fifteen guidelines in September, 2016, that were almost widely lauded as striking the right balance between safety and technological progress.   Consumer, automotive and technology interests—with the notable exception of Apple—seemed pleased that the government espoused policies that did not overregulate and stifle innovation, yet provided enough potential federal oversight to prevent a state law quagmire. Transportation Secretary Anthony Foxx recognized that the emerging technology faced tremendous burdens, and federal guidelines would bring some uniformity to the fifty states’ differing regulations. Support for the Obama administration guidelines was near-universal and cost to the industry was minimal. [Continue Reading]

Defective and Dangerous Spacecraft
By Alan Hoffman

On January 27, 1967, the Apollo 1 spacecraft burst into flames during a ground test at Cape Canaveral. Three astronauts—Virgil “Gus” Grissom, Ed White, and Roger Chaffee—died in the conflagration.  The fire and the loss of the astronauts traumatized NASA, which had a six year record of spaceflight without loss of life. [Continue Reading]

Product Liability Defense: New Resources and the Changing Platform
By Dan Jaffe

At many law firms and companies information technology is the moving force changing and enhancing the resource platform supporting product liability defense efforts. These rapidly improving technologies can reduce costs while increasing the amount and quality of available information needed to support the liability defense of products. Automated systems allow lawyers’ tasks to be performed with greater efficiency. Law practice is similar in this respect to other service businesses in which information technology has had a profound impact on workplace organization as well as the type and amount of skilled labor needed to accomplish the enterprise’s goals and objectives. [Continue Reading]

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Technology, Manufacturing & Transportation
Product Liability Practice
Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]
Product Liability Monitor Archive
December 2016

Shanghai ChinaThe newly passed Cybersecurity Law of the People’s Republic of China will take effect in June 2017, and it is expected to have a significant impact on multinationals doing business in mainland China. The law affects both domestic and foreign companies operating on the Chinese mainland and covers a wide range of activities including the use of the internet, information and communications technologies, personal data, national security and more.

The difficulties with determining the steps needed to comply with such sweeping changes are only complicated by the fact that a large number of key terms in the law have yet to be clearly defined. As a result, China’s new Cybersecurity Law will continue to evolve as the national government interprets it.

Here are some key provisions to follow in the coming months.

Continue Reading Costs and Unanswered Questions of China’s New Cybersecurity Regime

cargo ship containersThe Department of Treasury’s Office of Foreign Assets Control (OFAC) has announced new rules, which will take effect December 23, 2016, amending the Iranian Transactions and Sanctions Regulations, 31 C.F.R. part 560 (ITSR). The revised rules expand the scope of medical devices and agricultural commodities that may be exported or re-exported to Iran without specific authorization, pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA).

Continue Reading OFAC Amends Iran Sanctions to Ease Humanitarian Trade

Product Liability Monitor

December 13, 2016
New Developments
Auto Manufacturers Partner with Nauto to Improve Driverless Car Technology
By Shannon Peters

One of the main obstacles to the autonomous vehicle industry is “infrastructure,” but not in the sense typically associated with the term. Since autonomous vehicles come in all shapes, sizes, and powertrain types (gasoline, electric, and hybrid), and a wide range of degree of automation, the key infrastructure issue is not with the roads or the need for a worldwide network of guidance wires, rails, or charging stations, but ensuring the safe integration of autonomous vehicles into the world of human drivers.  Enter “Nauto.” [Continue Reading]

Confidentiality and the Public Interest
By Dan Jaffe

Public Justice, a public interest advocacy organization, recently posted over one million pages of Remington Arms Company internal documents on a publically available searchable online database. These documents concern the “Walker” trigger mechanism of the Remington Model 700 rifle, which has been the subject of more than 100 lawsuits, and is allegedly implicated in at least 24 deaths. [Continue Reading]

What is an Adequate Warning?
By Alan Hoffman

In Miasa Barron, et al. v. Abbott Laboratories, Inc., the Missouri Court of Appeals recently affirmed a verdict by a St. Louis jury awarding $15 million in compensatory damages and $23 million punitive damages for birth defects caused by the antiepileptic drug Depakote.  While there were other issues, the central liability question was whether Abbott adequately warned about the dangers of birth defects from using Depakote during pregnancy. [Continue Reading]

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Product Liability Practice
Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]
Product Liability Monitor Archive
November 2016

Product Liability Monitor

November 8, 2016
New Developments
Does Talc Cause Cancer? Scientific Evidence in the Courtroom
By Alan Hoffman

This year juries returned verdicts totaling nearly $200 million in three Missouri cases claiming that ovarian cancers is caused by using talcum powder products. By contrast, in September a New Jersey Superior Court excluded expert opinions offered to support such claims and granted defense motions for summary judgment in two pending cases. What scientific evidence is there concerning the causal connection, or lack of it, between talc use and ovarian cancer? [Continue Reading]

Autonomous Vehicles and Asimov’s Three Laws of Robotics
By Eric B. Krauss

The Three Laws of Robotics are not laws in the traditional sense. They are neither rules passed by a community to regulate its members nor scientific facts proven by observation to govern natural phenomena, but rather a work of literature, devised by science fiction author Isaac Asimov. These “laws” reflect common-sense maxims for human relationships: that people should not harm others; that they should obey the standards of their communities; and that people should not engage in self-destructive behavior.  The difference between humans and computers is that humans have free will, while computer behavior is governed by software and programming devised by humans.[Continue Reading]

Court Dismisses the Sandy Hook Shooting Suit
By Dan Jaffe

On October 14, 2016 Connecticut Superior Court Judge Barbara Bellis dismissed the Sandy Hook shooting victims’ suit against Remington Arms Company and Bushmaster Firearms International. Judge Bellis held that the plaintiffs’ claims are barred by the Protection of Lawful Commerce in Arms Act, 15 U.S.C. §§ 7901, et seq. (PLCAA), and did not fall within any exception to immunity from liability set forth in the PLCAA. [Continue Reading]

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Product Liability Practice
Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]
Product Liability Monitor Archive
October 2016

swing sunset loveAny agreement between two parties begins with the rosy optimism that the good times will last forever. In the world of technology licensing and development, however, we know this is rarely the case. While this blog has previously considered data security oversight by the board of directors of the company, it is also important for a company’s legal and procurement teams to establish a plan for the security, use, and transition of its data throughout the contracting process. These issues are particularly important in highly regulated industries such as healthcare and financial services.

While there are many types of data issues that a company may need to address in any contract negotiation, our team has found that the following issues require consideration in nearly every technology licensing and development agreement.

Read the full list on our Byte Back blog.

toysRecently, I was at a technology fair with my young son and there were multiple desktop 3D printers that were on display and for sale. One display that caught my eye showed 16 printers stacked together with each one in a different stage of printing. Several of the printers were printing figures of dragons and dinosaurs. My son thought they looked like fun and asked for one for his birthday. I asked him what he would use it for and he said that he would want to print out dinosaur figures, action figures, ships from Star Wars® or missing Lego® pieces. He said that he could make his toys exactly how he wanted his toys to look.

This got me thinking and I wondered if he could actually do it, print toys and figures that are protected by copyrights. Wouldn’t it be great if you could just print that missing Monopoly® piece?

Continue Reading Toys On Demand? A Child’s Best Friend

Digital BusinessIn its Technology Vision 2016 report, Accenture predicts that 25% of the world’s economy will be digital by 2020.  The global consulting firm contends that we are witnessing a major technology revolution, specifically a digital revolution.  It’s a revolution of emerging “digital platforms” comprised of cloud services, artificial intelligence, cognitive computing, predictive analytics and intelligent automation.

These platforms transform and replace traditional business processes in areas such as finance & accounting, HR, marketing, procurement, supply chain and more.  To quickly leverage these digital solutions, companies increasingly look to outsource traditional in-house functions to third party providers in what are referred to as Business Process Outsouring (BPO) transactions.

Continue Reading Outsourcing, Offshoring: BPO Deals are Soaring!