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Antitrust Law Daily
  • May 18, 2017

    The European Commission (EC) has fined Facebook, Inc. for providing incorrect or misleading information to the EC during an investigation into the company’s 2014 acquisition of WhatsApp. Today, the EC  announced  that a €110 million fine was necessary because Facebook had provided misinformation about the company's inability to establish reliable automated matching between Facebook users' accounts and WhatsApp users' accounts...

  • May 17, 2017

    A settlement resolving FTC allegations that Volkswagen Group of America, Inc. (VW) deceived consumers by marketing its "3.0-liter TDI" automobiles as "clean diesel" vehicles was approved by the federal district court in San Francisco today. Under the settlement, VW agreed to compensate owners and lessees of Volkswagen, Audi, and Porsche 3.0 liter TDI diesel cars who were purportedly misled by...

Banking & Finance Law Daily
  • May 18, 2017

    Seven Democratic and two Republican senators have jointly introduced a bill that is intended to ensure marijuana businesses that are legal under state law have access to needed banking services. The Secure and Fair Enforcement (SAFE) Banking Act would alleviate the public safety problems that are presented when cannabis businesses are denied basic banking and credit card services and thus...

  • May 17, 2017

    U.S. Senators Elizabeth Warren (D-Mass) and James Lankford (R-Okla) have reintroduced a bipartisan measure, the Truth in Settlements Act of 2017, to increase the transparency of major settlements reached by federal enforcement agencies. Seeking to inform the public and to hold federal regulators accountable for the true value of these settlements, the bill would require more accessible and detailed disclosures...

Employment Law Daily
Health Law Daily
  • May 18, 2017

    The district court lacked subject matter jurisdiction in a False Claims Act (FCA) (31 U.S.C. §3729 et seq.) lawsuit where the complaint was based on public disclosures made through allegations of fraud in a prior patent infringement suit, the 9th Circuit Court of Appeals has affirmed. The relator, Amphastar Pharmaceuticals (Amphastar), failed to establish that it was the original source...

  • May 17, 2017

    A whistleblower’s suit under the False Claims Act (FCA) (31 U.S.C. §3729 et seq.) against UnitedHealth Group (UnitedHealth), its subsidiaries, and other insurers for their role in allegedly bilking Medicare out of at least one billion dollars was recently unsealed, revealing the massive fraud allegations. The complaint alleges that beginning in 2006, UnitedHealth and its subsidiaries made tens of thousands...

Health Reform
  • May 22, 2017

    By a vote of 21-to-two on May 11, 2017, the Senate Committee on Health, Education, Labor & Pensions advanced the Food and Drug Administration (FDA) Reauthorization Act of 2017 for consideration before the full Senate. The bipartisan act comprises the prescription drug user fee act (PDUFA), the medical device user fee amendments (MDUFA), the generic drug user fee amendments (GDUFA),...

  • May 19, 2017

    As the Senate will now take up the task of perhaps repealing and replacing the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148), employers expect to retain some of the law’s popular provisions, even if they are not required to by a new law, according to a new survey by Willis Towers Watson. Six hundred and sixty-six employers  responded...

IP Law Daily
  • May 18, 2017

    A provider of low-pressure spray-cooling equipment for furnaces in the steel industry was entitled to a preliminary injunction that prohibited two former employees and their new company from using the plaintiff’s trade secrets to design and supply low-pressure spray-cooling equipment for the steel industry, the federal district court in El Dorado, Arkansas, has ruled. Until a trial could be held...

  • May 17, 2017

    Video game developers Blizzard Entertainment, Inc., and Valve Corporation could pursue claims that competitor uCool, Inc., infringed their copyrights by impermissibly copying elements of their video games, including "Warcraft," "World of Warcraft," and "Diablo" in its mobile device game "Heroes Charge," the federal district court in San Francisco has decided. Thus, uCool’s motion for partial summary judgment was denied (...

Products Liability Law Daily
  • May 18, 2017

    The widow of an employee who developed mesothelioma as a result of workplace exposure to asbestos could pursue product liability claims against Union Carbide Corp., which had supplied asbestos to the chemical plant in which the decedent had worked, a New Jersey appellate court ruled in an unpublished decision reversing the trial court’s grant of summary judgment to the company....

  • May 17, 2017

    A settlement resolving FTC allegations that Volkswagen Group of America, Inc. (VW) deceived consumers by marketing its "3.0-liter TDI" automobiles as "clean diesel" vehicles was approved by the federal district court in San Francisco today. Under the settlement, VW agreed to compensate owners and lessees of Volkswagen, Audi, and Porsche 3.0 liter TDI diesel cars who were purportedly misled by...

Securities Regulation Daily
  • May 18, 2017

    A real estate developer’s failure to disclose that he had not made his initial capital contribution in cash and that a contract authorized him to receive a $400,000 founder’s fee constituted material omissions in violation of the Washington State Securities Act. Affirming the ruling below, the Washington Court of Appeals held that the plaintiff investor filed his lawsuit within the...

  • May 17, 2017

    Snap’s disappointing post-IPO results and a whistleblower case filed by a former employee are the basis for a new class action suit filed against the company in California. The plaintiff alleges that statements in Snap’s prospectus contained misrepresentations and omissions about the company’s user growth ( Erickson v. Snap Inc. , May 16, 2017). The complaint points to statements in...

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