LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • March 27, 2017

    The European Commission (EC) today has approved under the EU Merger Regulation the proposed merger between U.S.-based chemical companies Dow Chemical and E.I. du Pont de Nemours (DuPont). The approval is conditional in particular on the divestiture of major parts of DuPont's global pesticide business, including its global R&D organization, the EC has  announced . Dow and DuPont  announced  their...

  • March 23, 2017

    Purchasers of iPhones between 2008 and 2011 could sue Apple for a possible antitrust violation but only on a much narrower theory than the one they originally sought, the federal district court in Oakland has ruled. The purchasers could not pursue their primary claim that their purchase of the iPhones in the primary market locked them into purchasing voice and...

Banking & Finance Law Daily
  • March 27, 2017

    The Consumer Financial Protection Bureau has asked that a company’s suit to block enforcement of the bureau’s civil investigative demand be dismissed, claiming that decisions already rendered in the case mean there is "nothing left to do but dismiss" the suit. Due to previous decisions of the U.S. District Court for the District of Columbia and the U.S. Court of...

  • March 23, 2017

    Experian Holdings, Inc., one of the nation’s largest credit reporting agencies, has agreed to pay a $3 million civil penalty to settle allegations brought by the Consumer Financial Protection Bureau that Experian deceived consumers about the use of the credit scores they purchased. Experian represented that the "educational" credit scores it sold to consumers were used by lenders to make...

Employment Law Daily
  • March 30, 2017

    By Lorene D. Park, J.D. A company was properly granted a petition to take depositions to learn the identity of individuals who posted anonymous negative reviews about its employment practices online, ruled a Texas Court of Appeals. Also affirming the denial of the website host’s anti-SLAPP motion, the appellate court found that the petitioner had a [...]

  • March 30, 2017

    By Ronald Miller, J.D. Following remand for a determination of the lawfulness of an employer’s “electronic communications policy” under the Board’s new standard announced in Purple Communications, Inc. (Purple I), a divided three-member panel of the NLRB reaffirmed that employee use of email for statutorily protected communications on nonworking time must presumptively be permitted by employers [...]

Health Law Daily
  • March 27, 2017

    Although every entity will have different compliance needs and must tweak their programs as necessary, the HHS Office of Inspector General’s new guide,  Measuring Compliance Program Effectiveness: A Resource Guide , provides areas of measurement for programs. This guide was developed out of a roundtable meeting between the OIG and the Health Care Compliance Association (HCCA) ( OIG Report ,...

  • March 23, 2017

    A Third Circuit panel has established a new "clear evidence" standard of proof in vacating and remanding a lower court’s decision that dismissed multi-state claims again Merck Sharp & Dohme, Corporation’s drug Fosamax® on preemption basis. In its decision, the appellate panel noted that preemption is an affirmative defense and found fault with Merck’s subsequent arguments that it was entitled...

Health Reform
  • March 29, 2017

    Nearly all states improved across a variety of coverage indicators between 2013 and 2015, the time period in which a number of Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) coverage expansions were implemented. States that expanded Medicaid, in particular, saw significant improvements in categories including uninsurance rates among low-income working-age adults and low-income adults who went without care...

  • March 27, 2017

    CMS experienced challenges using its inconsistency data and was unable to extract accurate data on inconsistencies for applicants wishing to enroll in qualified health plans (QHPs) or fully explain how it tracks inconsistencies in its data in a timely manner, according to an Office of Inspector General (OIG) report. To ensure that it can identify inconsistencies in applications, the OIG...

IP Law Daily
  • March 27, 2017

    Substantial evidence did not support the Patent Trial and Appeal Board’s finding that 11 claims of a patent application for a "Glenoid Implant for Minimally Invasive Shoulder Replacement Surgery" were anticipated by prior art, the U.S. Court of Appeals for the Federal Circuit has ruled. Neither the patent examiner nor the PTAB had explained how the "protruding surface" of one...

  • March 23, 2017

    A trademark examining attorney did not err in refusing to register the standard-character mark SHARPIN for cutlery knife blocks with built-in, automatic sharpeners, the Trademark Trial and Appeal Board has ruled in a precedential opinion. Because SHARPIN evoked an immediate association with "sharpen," a phonetically identical and otherwise virtually identical word, and because the mark was not a double entendre...

Products Liability Law Daily
  • March 27, 2017

    OPW, of Hamilton, Ohio, has recalled around 824,000 gas station hose swivel connectors because the swivel connectors can separate from the hose or nozzle of the gas station pump and cause fuel spillage, posing fire and explosion hazards ( CPSC Recall Notice , No. 17-116, March 24, 2017). Incidents and injuries.  OPW has received two reports of the swivel connectors...

  • March 23, 2017

    A Third Circuit panel has established a new "clear evidence" standard of proof in vacating and remanding a lower court’s decision that dismissed multi-state claims again Merck Sharp & Dohme Corporation’s drug Fosamax® on a preemption basis. In its decision, the appellate panel noted that preemption is an affirmative defense and found fault with Merck’s subsequent arguments that it was...

Securities Regulation Daily
  • March 27, 2017

    The Supreme Court will hear a case on whether Item 303 of Regulation S-K creates an actionable duty to disclose under the Exchange Act. The petition asks the Court to resolve a split involving a holding by the Second Circuit, which found that Item 303 creates an independent duty to disclose under the antifraud provisions that is in direct conflict...

  • March 23, 2017

    Senators queried Jay Clayton at his confirmation hearing to be SEC Chairman on a range of topics, including how he would deal with potential conflicts of interest, his views on enforcement, and why he thinks initial public offerings have dwindled in the U.S. In both his  prepared remarks  and in his testimony he said the protection of investors is a...

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UPCOMING EVENTS

March 26, 2017 7:30 AM -
March 29, 2017 4:30 PM
National Harbor, MD
Wolters Kluwer is proud to once again be a Platinum Sponsor and exhibitor at the HCCA's 21's Annual Compliance Institute in National Harbor, MD! Please stop by Booth #501 to see the latest ComplyTrack and enter to win one of two $100 gift cards!