LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • February 22, 2017

    The federal district court in Washington, D.C. has released a detailed opinion, supporting its February 8 decision to block Anthem, Inc.’s proposed $54 billion acquisition of Cigna Corp. The court elaborated on the reasons for enjoining what would be the largest merger in the history of the health-insurance industry at the urging of the U.S. Department of Justice Antitrust Division,...

  • February 21, 2017

    Preliminary approval of a $252 million settlement to resolve certain claims brought by the FTC, the Department of Justice, the State of California, and private consumers against Volkswagen Group of America, Inc. (VW), over the company’s marketing and sales of certain "clean diesel" vehicles has been granted by the federal district court in San Francisco. The settlement is intended to...

Banking & Finance Law Daily
  • February 22, 2017

    A bank that refused to consider Section 8 housing aid when it decided which mortgage loans met its criteria for secondary market purchases did not violate the Equal Credit Opportunity Act, according to the U.S. Court of Appeals for the Fifth Circuit. Rejecting the Consumer Financial Protection Bureau’s argument for a broader definition of "creditor" under the ECOA, the court...

  • February 21, 2017

    Two married homeowners have failed to convince the U.S. Court of Appeals for the Fourth Circuit that their claims arising out of refinancing their mortgage loan and subsequent default and foreclosure were exempt from the administrative claims process established by the Financial Institutions Reform, Recovery and Enforcement Act. Of the 14 separate counts at issue, 11 should have been submitted...

Employment Law Daily
  • February 27, 2017

    By Kathleen Kapusta, J.D. In dismissing on summary judgment the claims of a correctional officer who alleged the county sheriff created a sexually hostile work environment by greeting her with unwelcome hugs on more than 100 occasions—and a kiss at least once—during a 12-year period, a federal district court applied incorrect legal standards and improperly analyzed [...]

  • February 27, 2017

    By Ronald Miller, J.D. A nursing home management company acted unlawfully when an administrator threatened to “call the cops” after housekeeping employees protested their “rehiring” as probationary employees at the starting wage, with no seniority, and demanded to contact their union, ruled a three-member panel of the NLRB. Moreover, the Board found that the employees retained [...]

Health Law Daily
  • February 22, 2017

    In determining that the proposed acquisition of Cigna Corp. by Anthem, Inc. would not be permitted to go forward, the D.C. District Court ruled only on the United States’ first claim against the health insurance giants. A newly unsealed opinion revealed the court’s decision that the likely impact of the merger on the market in 14 states for the sale...

  • February 21, 2017

    Product liability claims brought against Baxter Healthcare Corporation and Baxter International, Inc. (Baxter) for injuries a patient allegedly sustained as a result of using Baxter’s Dianeal® Peritoneal Dialysis (PD) Solution were dismissed in part. The court dismissed all of the patient’s claims that were brought outside the Louisiana Products Liability Act (LPLA), which establishes the exclusive theory of liability for...

Health Reform
  • February 24, 2017

    Amidst all the talk in Congress of repealing and replacing the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148), the Kaiser Family Foundation has provided information on its website allowing visitors to perform side-by-side comparisons of the  ACA  and replacement plans proffered by Congress, including House Speaker  Paul Ryan’s  (R-Wis)  A Better Way  plan; the  Empowering Patients First Act...

  • February 23, 2017

    Before President Trump and Congressional Republicans fulfill their promises to repeal and replace the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148), they need to stabilize the ACA until a new plan is enacted and takes effect. To that end, the Trump Administration issued a Proposed rule designed to stabilize the individual and small group markets by addressing some...

IP Law Daily
  • February 22, 2017

    Supplying a single commodity component of a multicomponent DNA-testing kit from the United States for manufacture abroad did not give rise to liability for patent infringement under 35 U.S.C. §271(f)(1), the U.S. Supreme Court has held. A single component could not satisfy the "substantial portion" element of Section 271(f)(1), which referred to a quantitative measurement. The Court reversed and remanded...

  • February 21, 2017

    The Patent Trial and Appeal Board erred in finding that the claims a patent owned by Secure Axcess LLC claiming "methods for authenticating a web page" were directed to a covered business method ("CBM") under Section 18 of the America Invent Act ("AIA"), the U.S. Court of Appeals for the Federal Circuit has held. The Board’s definition of a CBM...

Products Liability Law Daily
  • February 22, 2017

    A settlement agreement pursuant to which Keurig Green Mountain, Inc., of Waterbury, Vermont, will pay a civil penalty of $5.8 million has been provisionally accepted by the Consumer Product Safety Commission (CPSC). The penalty agreement, which was approved by a 4 to 1 vote, settles charges that the company knowingly failed to report to CPSC immediately a defect and unreasonable...

  • February 21, 2017

    Preliminary approval of a $252 million settlement to resolve certain claims brought by the FTC, the Department of Justice, the State of California, and private consumers against Volkswagen Group of America, Inc. (VW), over the company’s marketing and sales of certain "clean diesel" vehicles has been granted by the federal district court in San Francisco. The settlement is intended to...

Securities Regulation Daily
  • February 22, 2017

    Fannie Mae and Freddie Mac stockholders have little basis to challenge the companies’ contractual obligation to pay their net worth to Treasury, the D.C. Circuit held. The stock purchase agreement between the Federal Housing Finance Agency, as conservator, and Treasury was amended in 2012 to replace a fixed-percentage dividend with the net worth payment. The Housing and Economic Recovery Act’s...

  • February 21, 2017

    Senator Al Franken (D-Minn) introduced the End Congressional Stock Market Abuse Act of 2017 in response to recent Trump Administration confirmation hearings that surfaced allegations that a member of Congress may have obtained discounts or premiums in stock transactions. The Senator said in a  press release  that his bill ( S. 350 ) would restrict the ability of members of...

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