The Product Liability Monitor is a blog created and maintained by attorneys in the Weil Product Liabilty practice to discuss key trends, developments, and events that shape the product liability legal landscape. The blog also features discussions relating to mass torts, consumer product safety and complex litigation, including the Alien Tort Statute, the False Claims Act, and class actions. More in depth pieces may also appear from time to time. The blog addresses topics touching upon an array of industries and product areas, as well as general litigation and crisis management issues that have unique application to product liability practitioners and product manufacturers or distributors as well as those with an interest in the field
Articles: 1-10 of 265
Expiration of Rule 15c2-11 Relief Approaching - Impact on Secondary Trading Liquidity in Rule 144A Bonds
USA - November 16 2022 Beginning on January 4, 2023, Rule 15c2-11 will be applied to prohibit broker-dealers from publishing quotations that facilitate secondary trading…
Survival Periods—Covenants Are Not Representations or Warranties, and Fraud Claims Premised Upon Contractual Representations and Warranties Are Not the Same as Indemnification Claims
USA - April 20 2022 Survival Periods define the contractually agreed time limits for bringing claims for alleged breaches of representations and warranties set forth in…
A Look at 2020 U.S. Sponsor-Backed PIPEs: March 2021
USA - March 24 2021 Of the PIPEs surveyed (i) 20 were structured with a convertible debt or equity security, which gave the sponsor some downside protection in the…
Heads-Up for the 2021 Proxy Season: Focus on Diversity Disclosure
USA - March 22 2021 In 2021, public companies will need to focus more than ever on addressing diversity, equity and inclusion (DEI) organization-wide. Companies are…
National security and investment bill
United Kingdom - November 12 2020 The Bill reflects the Government White Paper published in July 2018 with some significant changes; in particular, the mandatory notification regime…
Heads Up for the 2020 Proxy Season: Tackle Director Vulnerabilities
USA - December 12 2019 Taking stock of director vulnerabilities in elections is a critical component of preparing for the annual meeting, proxy statement and shareholder…
A Look at U.S. Sponsor-Backed Going Private Transactions
USA - July 11 2019 As was the case in 2017 and 2016, none of the surveyed going private transactions in 2018 contained a financing out (i.e., a provision that allows the…
Service Contract Sold Separately (batteries not included)
USA - March 2 2019 Many consumers purchase cars, household appliances, or electronics subject to a warranty guaranteeing the product’s condition. The Magnuson Moss…
To Make-Whole … or Not
USA - January 22 2019 On January 17, 2019, a three-judge panel of the United States Court of Appeals for the Fifth Circuit reversed, in part, and vacated, in part, a…
Second Liens Beware Delaware Bankruptcy Court Finds De Facto Claim Subordination Under Intercreditor Agreement
USA - January 10 2019 On December 27, 2018, the United States Bankruptcy Court for the District of Delaware issued an opinion in In re La Paloma…
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