A friend recently sent us a helpful decision squelching a plaintiff’s proposal to share defendants’ confidential information with anyone who asks. Doriand v. Centocor Inc., 2010 WL 325742 (N.D. Fla. Jan 26, 2010). We noted before the relevant dearth of citable authority on this subject, and we’re glad to see another judicial vote for

It happened in a car case, but the same thing could just as easily have occurred in litigation involving drugs or devices.

The plaintiff filed a snap motion under a peculiar Florida statute (§69.081) to have a product declared a “public hazard” and not incidentally to avoid a federal court protective order. In a kangaroo-court

One of our colleagues recently called with a question about the tax treatment of settlement agreements that contain confidentiality provisions.

Apparently, the IRS is trying to capture some of the money that has been changing hands in settlements that are treated confidentially. Although the portion of the settlement payment made in compensation for personal injuries

We recently saw some helpful news out of New Mexico in a case involving a protective order in a pharmaceutical product liability case.

Eon manufactures generic buproprion. The plaintiffs in Bertetto v. Eon Labs, Inc., 2008 WL 2522571 (D.N.M. May 29, 2008) (here’s a link to the slip opinion), had insisted on a

We were pleased to read in today’s New York Times (page C3) that Judge Weinstein is holding a hearing to determine the proper scope of his injunction that seeks to recover copies of documents leaked in apparent violation of a protective order in the Zyprexa litigation. (We first posted about that issue on December 18,

Science affects law, but law also affects science. As litigators, we often think about the former; we less often think about the latter.

A recent article in Neurology journal, written by two physicians and two lawyers, bemoans “The impact of litigation on neurologic research.” The article discusses a couple of cases in which litigants have

We posted on Monday about the two cover stories in the New York Times about Zyprexa that were based on internal Eli Lilly documents that might have been disclosed in violation of a protective order. We withheld judgment on whether the documents had been disclosed lawfully or not, because we just don’t know; we are

Cover stories in both yesterday’s and today’s New York Times criticize Eli Lilly’s marketing of Zyprexa based on internal documents provided by a plaintiff’s lawyer. The lawyer appears to have a clear conscience — his name and photograph appear in Sunday’s article, so no court would have any trouble tracking him down. Lilly, on the