Buckman Preemption Revisited. Lecture, Food Drug & Cosmetic Div of NYS Bar Assoc.

David Klingsberg, of the Litigation department and former Chair of the firm, participated in a panel presentation on preemption as part of the Food, Drug and Cosmetic Law Section meeting at the New York State Bar Association Annual Meeting on January 31 at the New York Marriott Marquis.

Mr. Klingsberg's subject was "Buckman Preemption Revisited: Kent v. Warner Lambert." That is a case in which the U.S. Supreme Court granted certiorari in response to a petition drafted and filed by Kaye Scholer LLP. The other panelists were Caryn Silverman of Sedgwick, Detert, Moran & Arnold LLP (the case for Medical Device Preemption: Riegel v. Medtronic Inc.- another preemption case being heard by the Supreme Court this term), and Brian Wolfman of Public Citizen, which opposes preemption as amicus curiae in cases pending in the Supreme Court.

The keynote luncheon speaker was Gerald F. Masoudi, the new Chief Counsel for the Food and Drug Administration.
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