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FDA Issues Final Rule Clarifying Evidence of Off-Label Marketing

Key Takeaways - Following more than five years of revisions and delays, the U.S. Food and Drug Administration (“FDA”) published its final “intended use” rule (the “Final Rule”) and amended its regulations describing the types...more

PREP Act Immunity Does Not Preempt Most State Law Tort Claims Against Nursing Homes and Other Senior Living Facilities

In our May 1, 2020 OnPoint discussing COVID-19 liability issues for nursing homes and other senior living facilities, we cautioned against reliance on state immunity provisions as a shield against COVID-19-related lawsuits....more

Nursing Homes and Other Senior Living Facilities Can Take Practical Steps to Reduce Litigation Risks

The COVID-19 pandemic finds nursing homes and other senior living facilities confronting unprecedented operational challenges and risks. The highly vulnerable population served, combined with the near impossibility of both...more

Delaware Appraisal Litigation: The Court of Chancery Holds That a Company’s Unaffected Market Price Constitutes “Fair Value”

In a recent appraisal decision, Verition Partners Master Fund Ltd. v. Aruba Networks, Inc. (Aruba Networks), the Delaware Court of Chancery awarded 30% less to the shareholders than they would have received had they not...more

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