Restructuring missteps can be costly
Article Abstract:
Employers have been unsuccessful in obtaining from the NLRB and the courts a clear standard for when decision bargaining is required. Since the consequences of an adverse decision are great, namely, restoration of the enterprise and reinstatement of employees with back pay, employers should proceed with caution. There is some indication that the Fibreboard and First National Maintenance decisions that plant shutdowns do not require decision bargaining are not universally applied. Problem areas in which the NLRB might require decision bargaining are listed and discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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'Off-label' research ruling missteps
Article Abstract:
Washington Legal Foundation v. Friedman, regarding a pharmaceutical company's First Amendment right to inform doctors about independent research on their drugs, errs in concluding that the drug companies' off-label research deserves only the intermediate level of constitutional scrutiny traditionally given commercial speech. The second problem is that the ruling responds to FDA arguments that such research must be banned to encourage changing such drugs to the prescription level and requiriring a round of FDA approvals.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Consolidation is a tonic for health care providers; trend toward managed care and ascent of information technology fuel restructuring of an industry
Article Abstract:
The emergence of HMOs and related organizations in recent years has changed the dynamics of medicine, making consolidation and large provider networks more attractive. One database shows 1300 acquisitions and 2150 joint ventures in the industry from 1989 to 1993. Such mergers can create economies of scope or scale, provide tax advantages, and deliver market power. Modern information technology makes it possible to harness the full benefits of such a grouping by better tracking resources and patient data.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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