INDUSTRY NEWS - Powered by Daily Reporting Suite
Antitrust Law Daily
  • June 22, 2017

    Anti-merger enforcement efforts are heating up at the FTC. For the second time within a week, the agency has issued a merger challenge. The FTC is seeking to block the combination of the two largest providers of adult primary care physician services in the Bismarck, North Dakota, area, the agency  announced  today. The transaction, combining Sanford Health and Sanford Bismarck...

  • June 21, 2017

    In a major victory for the Department of Justice Antitrust Division, the federal district court in Wilmington, Delaware, has blocked EnergySolutions’ $367 million acquisition of rival Waste Control Specialists. In November 2016, the Antitrust Division challenged the deal, contending that the planned combination of two of the most significant competitors for the disposal of low level radioactive waste (LLRW) was...

Banking & Finance Law Daily
  • June 22, 2017

    Student loan borrowers are reporting that loan servicers are "mishandling" the Public Service Loan Forgiveness program, according to the Consumer Financial Protection Bureau. The CFPB has published a report on the costs to those in the public service industry when the program fails them. The bureau also updated its education  exam procedures  and unveiled the "Certify Your Service" campaign. The...

  • June 21, 2017

    An effort by attorneys general from four states to claim $15 million left over after consumer redress payments required by the Consumer Financial Protection Bureau’s settlement with Sprint Corporation has been rejected by a U.S. district judge. The judge allowed the officials to intervene in the suit, but he said there was no basis to modify the settlement and redirect...

Employment Law Daily
  • June 27, 2017

    By Brandi O. Brown, J.D. The Massachusetts Supreme Court, answering a certified question from the United States Court of Appeals for the First Circuit, has instructed that the scope of an insurer’s duty to “defend” does not encompass a requirement to prosecute affirmative counterclaims on behalf of the insured. Thus, in the case of an employer [...]

  • June 27, 2017

    By Lisa Milam-Perez, J.D. The NLRA did not preempt Walmart’s trespass and nuisance claims against the United Food and Commercial Workers (UFCW) and related “alt labor” groups that staged coordinated protests at the retailer’s stores, Maryland’s high court has held. The “local interest” exception to NLRA preemption applies, the court reasoned, holding that private property rights [...]

Health Law Daily
  • June 22, 2017

    Senate Republicans have released a discussion draft of their health care overhaul bill. The bill—the Better Care Reconciliation Act of 2017 (H.R. 1628)—would repeal the individual and employer mandates and end the small business tax credit in 2019. The exclusion of abortion services also figured prominently in the  bill —for example, it prohibits federal Medicaid payments to states for providers...

  • June 21, 2017

    Small physician practices will get greater flexibility—including the virtual practice and facility-based measurement options and a much higher low-volume threshold—under major changes proposed by CMS for calendar year 2018 of the Quality Payment Program (QPP), which was created under the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) ( P.L. 114-10 ). The  Proposed rule  will publish in the ...

Health Reform
  • June 26, 2017

    The Office of the Actuary has prepared a memorandum which estimates that the financial effect of the American Health Care Act of 2017 (AHCA) will be to reduce federal healthcare spending by more than $328 billion over the fiscal years 2017-2026, primarily because of lower Medicaid spending. The memorandum also estimated that the number of uninsured in 2018 will be...

  • June 23, 2017

    What is the goal of the Medicaid program? Is it to improve access to health care coverage and health care for low-income population? If the answer is yes, why do many states impose cost sharing and premium requirements on Medicaid beneficiaries? On their face, cost sharing and premium requirements seem to run counter to a goal of improving access and...

IP Law Daily
  • June 22, 2017

    Medical device company Cook Medical LLC was not entitled to an award of attorney fees incurred in its successful defense against claims that it infringed a patent for a device used to extract kidney stones, the federal district court in Indianapolis has ruled. The case was not "exceptional" for purposes of the fee-shifting provision of 35 U.S.C. §285. Although the...

  • June 21, 2017

    In a priority contest involving two inventors of a hepatitis C prodrug, the Patent Trial and Appeal Board correctly awarded priority to one inventor after withdrawing the provisional filing date of the other inventor due to a lack of enablement, the U.S. Court of Appeals for the Federal Circuit has ruled. Substantial evidence supported the Board’s finding that a high...

Products Liability Law Daily
  • June 22, 2017

    The manufacturer of a drug that caused injury to a patient had not proven by clear and convincing evidence that there was no possible cause of action against the treating physician, a federal district court in Alabama found in granting the patient to remand to state court on grounds of incomplete diversity. Despite "significant defects" in the patient’s complaint, the...

  • June 21, 2017

    > The widow of a deceased smoker whose $55-million punitive damages verdict was overturned by a Florida appellate court on the ground that her counsel’s arguments that the tobacco companies engaged in "reprehensible" conduct violated their right to a fair trial has asked the U.S. Supreme Court to review the decision, asserting that the appeals court’s ruling was inconsistent with...

Securities Regulation Daily
  • June 22, 2017

    Whether omission of interim financial information in a solar energy company’s IPO registration statement violates the Securities Act is determined by the "total mix" of information available to the investor in the Second Circuit, not by any "extreme departure" as in the First Circuit. As the company’s peculiar business model resulted in wild quarterly fluctuations, failure to disclose the negative...

  • June 21, 2017

    A district court concluded that a company's assurances about conflicts of interest were material misrepresentations. The action arose out of Ocwen Financial Corporation's transactions with parties in which Ocwen's chairman had a significant stake. Ocwen said that it had policies in place to prevent conflicts of interest when dealing with the related parties and that the chairman would recuse himself...

Our Technology
Recommended
Our Experts