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For The Defense, December 2011 - DRI Today

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<strong>The</strong> “Miranda Warning” of Genetic Mapping—<br />

This Information Can Be Used Against You<br />

<strong>DRI</strong> InTeRnATIonAl<br />

Managing Cross-Border Litigation and Class Actions<br />

Speakers John L. Meltzer of Hogan Lovells LLP (from left),<br />

Timothy Pinos of Cassels Brock & Blackwell LLP, and Gordon<br />

McKee of Blake Cassels & Graydon LLP, provide helpful tips<br />

and suggestions for navigating international litigation in<br />

this Thursday session presented by <strong>DRI</strong> International. <strong>The</strong><br />

panel discussed the need to coordinate efforts, strategies,<br />

and resources in an environment where international<br />

clients are increasingly faced with copy-cat actions arising<br />

from litigation that originated in the United States. Complex<br />

privacy issues, parallel regulatory proceedings, and the<br />

production of documents and information that originated<br />

in countries other than the United States but are sought by<br />

plaintiffs in U.S.-based litigation were also discussed.<br />

DRug AnD MeDICAl DevICe<br />

<strong>The</strong> Legal and the Practical—Updates<br />

on Issues Related<br />

to Preemption and<br />

Sales Representatives<br />

as Witnesses in<br />

Pharmaceutical Cases<br />

Joseph D. Cohen of Porter Hedges LLP<br />

talks to attendees of Thursday afternoon’s<br />

Drug and Medical Device Committee<br />

business meeting and CLE about recent<br />

grants of certiorari by the U.S. Supreme<br />

Court to consider preemption issues<br />

concerning generic manufacturers.<br />

<strong>The</strong> state of the law in this area and the potential ramifications for all<br />

manufacturers were discussed, as well as practical issues related to the role<br />

of sales representatives in pharmaceutical litigation and how to address<br />

plaintiffs’ attempts to portray these individuals and their jobs unfairly.<br />

John M. Conley of Robinson Bradshaw & Hinson<br />

PA speaks during a panel discussion that included<br />

(from left) Bernard Taylor, Sr., of Alston & Bird LLP<br />

(moderator); Misha Angrist, Assistant Professor,<br />

Institute for Genome Sciences and Policy, Duke<br />

University; and Gary E. Marchant, Lincoln Professor<br />

of Emerging Technologies, Law and Ethics,<br />

Sandra Day O’Connor College of Law, Arizona<br />

State University. During this Friday afternoon CLE<br />

presented by the Toxic Torts and Environmental<br />

Law Committee, these leading experts offered<br />

their insights on the potential application of the<br />

genetic revolution and explored the myriad of legal<br />

implications and issues that promise to follow.<br />

eleCTRonIC DIsCoveRy<br />

Backstopping E-Discovery—Drafting<br />

Effective Records Management Policies<br />

Phillip J. Duffy<br />

of Gibbons PC<br />

(seated) and John<br />

J. Jablonski of<br />

Goldberg Segalla<br />

LLP present the<br />

CLE portion of<br />

the Electronic<br />

Discovery<br />

Committee’s<br />

Thursday<br />

afternoon<br />

meeting. During<br />

the program the<br />

two underscored the importance of good records management, the benefits<br />

of having a defensible policy, and some of the key provisions that go into a<br />

well crafted records-management policy.<br />

<strong>For</strong> <strong>The</strong> <strong>Defense</strong> ■ <strong>December</strong> <strong>2011</strong> ■ 21

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