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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Shook, Hardy & Bacon International LLP

View the listing for Shook, Hardy & Bacon International LLP

Continued uncertainty for international manufacturers in the US

December 2013 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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For manufacturers that export, a key strategic issue for in-house counsel is assessing the risk of being sued in another jurisdiction - particularly the US. ‚Ä©

In 2011 Sarah Croft, of Shook, Hardy & Bacon International LLP, reported on two decisions of the US Supreme Court which reaffirmed that non-US manufacturers cannot be sued in a state court unless their commercial conduct has a link to that state.1 It was hoped that these decisions gave some comfort to manufacturers that they would not end up in litigation in a state with which they had no direct commercial contact. The Supreme Court was divided, however, leaving scope for interpretation of the rulings by lower courts.‚Ä©

Since the cases of Goodyear Dunlop Tires Operations SA et al v Brown [2011] and J McIntyre Machinery Ltd v Nicastro [2011], there have been ten more cases on the issue of jurisdiction over foreign companies in product liability cases. Here, Sarah Croft examines how the rulings have been applied in practice in product liability cases since the Supreme Court rulings.‚Ä©

EU product safety and market surveillance package

November 2013 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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As part of the European Commission's continued commitment to product safety, the Commission has proposed a product safety and market surveillance package for ‚Äėsafer products and more fair play in the internal market'. The aim is two-fold: primarily, strengthening consumer protection with a new Regulation on Consumer Product Safety (COM (2013) 78). Secondly, rationalising and strengthening market surveillance powers and obligations to provide fair competition for businesses across the member states. This will be achieved by the introduction of a specific Regulation on Market Surveillance of Products (COM (2013) 75). ‚Ä©

Medical device regulation 
and the PIP scandal legacy

October 2013 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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PIP implants may be out of the headlines but the considerable impact of the scandal is now shaping the field of product liability and the regulation of medical devices. ‚Ä©

When announcing the new proposals for the regulation of medical devices in September 2012, the health and consumer policy commissioner John Dalli said:‚Ä©

‚ÄėJust a few months ago, everybody was shocked by the scandal involving fraudulent breast implants which affected tens of thousands of women in Europe and around the world. As policy makers, we must do our best never to let this happen again. This damaged the confidence of patients, consumers and healthcare professionals in the safety of the devices on which they rely every day'. ‚Ä©

Sarah Croft of Shook, Hardy & Bacon, examines the enduring legacy of the PIP scandal in the courts, in EU legislation regarding medical devices and in UK regulation of cosmetic surgery.‚Ä©

Playing safe: liability and products for children

September 2013 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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Life for those who look after children can feel like one long risk assessment. When purchasing products designed specifically for children, parents expect the highest safety standards. Sarah Croft, of Shook, Hardy & Bacon International, assesses product liability issues and the regulatory environment for children's products in Europe and the UK.

The US Supreme Court reins in the Alien Tort Statute and brings relief to global product manufacture

July 2013 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here.

The extra-territorial reach of US courts has long been a source of controversy and consternation for product manufacturers with global operations, due to such features of US law as discovery applications abroad in aid of US litigation,1 ‚Ä®or the threat of the Foreign Corrupt Practices Act.2 Another weapon in the arsenal of US plaintiff lawyers against multinational companies has been the Alien Tort Statute, which plaintiffs have attempted to expand over the years with respect to its extra-territorial reach, scope of application, and defendants who may ‚Ä®be targeted.‚Ä© 

Driverless vehicles: liability and new automotive technologies

July 2013 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here.

The advance of GPS mapping, radar ‚Ä®and wireless systems are making the ‚Äėdriverless car‚Äô a possibility, sooner than many may have anticipated. The widely reported trials of an automated vehicle fleet utilising Google technology has raised the profile of automated vehicles significantly. Following these successful trials, the US states of Nevada, California and Florida have all passed laws permitting automated cars to drive on their roads. ‚Ä© 

Sarah Croft and John Reynolds, of Shook Hardy & Bacon International, assess the evolution of driverless or partially autonomous vehicle technology and consider the product liability issues arising for automotive manufacturers in the UK.‚Ä© 

Product liability and dietary supplements

May 2013 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here.

The market for dietary supplements in 2012 was estimated to be worth approximately £385m in the UK alone and is worth billions of dollars globally.1 Sarah Croft, of Shook Hardy & Bacon International, assesses the regulatory environment for these products in Europe and the UK and considers the product liability issues for 
this sector.


Unsafe products: 
identifying serious risks and notifying the relevant authorities

April 2013 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here.

In the event that a safety problem is identified with one of your products, you will need to undertake a risk assessment to comply with the General Product Safety Directive.

Unsafe products: responsibilities for notification

March 2013 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here.

Faced with a potentially unsafe product, the in-house lawyer has a critical role in ensuring that relevant notifications are made to appropriate authorities within set timeframes. Failure to comply with the General Product Safety Directive can make a difficult situation for the company even worse.‚Ä©

The OECD’s new global online consumer product recall portal presents both benefits and risks for..

February 2013 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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businesses selling products abroad

Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here.

The Organisation for Economic ‚Ä®Co-operation and Development (OECD) has launched a global online consumer product recall portal that gives consumers, businesses and governments easy access to the latest information on products recalled from the markets in Australia, Canada, Europe and the United States. ‚Ä®The portal may be accessed at: www.globalrecalls.oecd.org.‚Ä© 

 

Italian Supreme Court rules mobile phones can cause brain tumours‚Ä©

December 2012 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here.

Days after a trial court in Italy found six scientists guilty of manslaughter due to their failure to predict an earthquake, the Italian Supreme Court also hit the news after ruling in an employment case that mobile phones can cause brain tumours in heavy users. Sarah Croft, of Shook Hardy & Bacon International, assesses the potential implications of this most recent decision on future litigation relating to mobile phones in Italy and elsewhere.‚Ä©

Counterfeit goods and product liability

November 2012 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here.

The added value that has been built in branded goods, usually through many years of investment by the brand owner, provides a powerful attraction and incentive to manufacturers of counterfeit goods who are harnessing the power of the internet and global supply routes in growing numbers.‚Ä©

Risks following a product recall, part 2:
criminal offences 
for the company 
and directors


October 2012 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here.

In addition to civil product liability claims, a company and its directors could also face criminal charges following the recall of an unsafe product. ‚Ä©

Risks following a product recall, part 1: disclosure and freedom of information requests

September 2012 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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Following a product recall, there are a number of risks to a business that the directors, senior staff and the legal team should be aware of from the outset and may need to address long after the initial recall. ‚Ä©

PIP breast implants: lessons for all?

July 2012 - Insurance. Legal Developments by Shook, Hardy & Bacon International LLP.

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The PIP breast implant affair will be a case study in the product liability context for many years to come. Two significant reports on the matter have been published recently. Sarah Croft of Shook, Hardy & Bacon International LLP considers the conclusions drawn and possible ramifications for future litigation and the regulation of medical devices.‚Ä©