Diverging decisions on discovery; 2d Circuit and 9th Circuit split over whether nonparty government agencies can resist compliance with such requests

Article Abstract:

The split between federal circuits regarding private parties' discovery from nonparty federal agencies in federal litigation is discussed. Opposing decisions by the 2d and 9th Circuits on the issue are detailed. The 9th Circuit view bodes well for private-party litigants, while the burden in the 2d Circuit minimizes the likelihood of compelling government discovery as it rests heavily on the party seeking discovery.

Cases, Government liability, Testimony, Discovery (Law)

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Prior to the annual proxy and Form 10-K season, counsel should review a recent SEC investigative report suggesting strict compliance with required disclosure

Article Abstract:

The article discusses an SEC report criticizing the proxy statement and annual report of W.R. Grace and Co. and indicating probable changes in the way disclosure counsel prepare filings. The SEC indicates that the disclosure duties of corporate officers and directors under the securities laws included an obligation to inquire into the reason for non-disclosure of information which they knew about.

Management, Corporate directors, Powers and duties, Disclosure (Securities law)

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Accord may provide means to stop copycat drugs; under TRIPS Agreement, WTO has more power to pressure countries not in compliance

Article Abstract:

The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) strict requirements on patent protection for the pharmaceutical industry is discussed. Developing countries can have the worst records of compliance with TRIPS obligations and can freely copy and sell innovative drugs under US patents is also discussed.

Standards, Pharmaceutical research

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