Directors and officers owe a fiduciary duty to the corporation and, by extension, its shareholders. The duty of care requires directors and officers to act in as competent a manner as would reasonably prudent people in their positions. Officers and directors must make...
The law surrounding the insulation of directors and officers from liability is voluminous and fraught with important exceptions. In the United States, each State has its own corporate and company law statutes and varying levels of protecting directors and officers...
When presenting a False Claims Act / Qui Tam action in the Federal Courts, whistleblowers need to be able to explain why the actions of the defendant are fraudulent or false, and subject to the federal statute authorizing the false claim action in Federal Court. Key...
In order to successfully recover civil penalties and forfeitures in a False Claims / Qui Tam action from companies and persons who have defrauded the government, the key elements and basis for the claim must be established. Federal law clearly sets out the types of...
The False Claims Act also known as a “Qui Tam” (kwee- tam) action, rewards the public for bringing lawsuits to recover civil penalties and forfeitures from those companies and persons who have defrauded the government. Qui tam laws rewards those who bring (“relate”)...
The Occupational Safety and Health Administration is on the verge of issuing proposed altered hazardous communication requirements. These are the requirements that accompany dangerous substances and materials for workers, including employees of companies in New...
There are two primary types of alternative dispute resolution or ADR processes utilized in New Jersey today. These are arbitration and mediation. Mediation is a broadly used ADR process in resolving business disputes, including issues involving contracts....
With increasing regularity, individuals and businesses in New Jersey are finding themselves having no real alternative but to enter into a contract which includes a provision for forced arbitration should a dispute of some sort arise. Indeed, the widespread use of...
Every day, scientists and pharmacists are coming up with new medications that are meant to help people. In order for new medicine to be approved, it has to go through a clinical trial. There are a few different phases of a clinical trial to determine if a new drug is...
Trademarking a new biotech or pharmaceutical product presents unique marketing and legal challenges. The process of trademarking a new pharmaceutical ideally begins with understanding the mechanics of legal compliance. There are some tips New Jersey pharmaceutical...