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Antitrust Law Daily
  • January 13, 2017

    FTC Chairwoman Edith Ramirez today announced her resignation from the Commission effective February 10, 2017. Ramirez became Chairwoman on March 4, 2013, and has served as an FTC Commissioner since April 5, 2010, following her appointment by President Barack Obama. "It has been the honor of a lifetime to lead the Federal Trade Commission and to have played a role...

  • January 12, 2017

    A second foreign currency exchange (FX) dealer has pleaded guilty to federal fixing price charges. A one-count information was filed in the federal district court in New York City today, naming Christopher Cummins—a dealer of Central and Eastern European, Middle Eastern, and African (CEEMEA) currencies on the FX desk of an unnamed New York-based financial institution—as a participant in the...

Banking & Finance Law Daily
  • January 13, 2017

    The Supreme Court has granted a request that it decide whether a consumer finance company that was collecting bad debts it bought from the original lender was a debt collector that was subject to the requirements of the Fair Debt Collection Practices Act. According to the U.S. Court of Appeals for the Fourth Circuit, whether the company was a debt...

  • January 12, 2017

    A mortgage loan servicer that "almost perfectly complied" with its duty to reply to homeowners’ written request for information satisfied the Real Estate Settlement Procedures Act, the U.S. Court of Appeals for the Seventh Circuit has determined. In an opinion that made clear a belief the homeowners had caused their own problems, the court added that the homeowners had suffered...

Employment Law Daily
  • January 19, 2017

    By Marjorie Johnson, J.D. An African-American IT manager who, after having announced her planned retirement, was denied her request for a pay raise due to additionally assigned duties, failed to revive her claims of age, race, and gender bias since her purported comparators were not similarly situated and a comment about her impending retirement was not [...]

  • January 19, 2017

    By Kathleen Kapusta, J.D. Despite sharing an employer’s concern that recognizing “circumstance-specific” conditions as disabilities under the ADA could open the door to accommodation claims beyond the scope of the Act’s intended protections, a federal district court in California nonetheless refused to conclude as a matter of law that an employee—who appeared to claim that working [...]

Health Law Daily
  • January 13, 2017

    The repeal and replacement of the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) will take place at the same time, according to House Speaker Paul Ryan (R-Wis). Ryan’s  announcement  was made the day after President-elect Trump  announced  the repeal and replacement of the ACA would be done "essentially simultaneously." Lawmakers have already begun paving the way for repeal...

  • January 12, 2017

    The HHS Office of Inspector General (OIG) now has more flexibility to choose when to exclude noncompliant and fraudulent providers from participation in federal health care programs. Under authority granted by the Patient Protection and Affordable Care Act (ACA) ( P.L. 111-148 ), HHS can now apply its permissive exclusion power to more individuals in the event that a waiver...

Health Reform
  • January 18, 2017

    The costs of uncompensated care will increase by over $1 trillion in the next ten years if measures to partially repeal the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) are successful. Lawmakers’ plans to utilize the budget reconciliation process to eliminate the  ACA’s  Medicaid expansion, individual and employer mandates, and marketplace premium tax credits and cost-sharing reductions will...

  • January 17, 2017

    A repeal of premium tax credits and federal support for Medicaid expansion could result in 2.6 million people losing their jobs in 2019. According to a study completed by George Washington University and The Commonwealth Fund, the job losses and spending slump could  result  in a reduction in gross state product of about $1.5 trillion over five years, starting in...

IP Law Daily
  • January 13, 2017

    The federal district court in Detroit properly determined that the phrase "Welcome to the D" on banners and signs hung in and around the city of Detroit in 2012 to promote the World Series and in 2015 to advertise the Volleyball Open National Championships did not infringe musician Mark Kassa’s registered "Welcome to the D" marks, the U.S. Court of...

  • January 12, 2017

    Generic versions of a chemotherapy drug (with accompanying product literature) would infringe methods of treatment claimed by a patent held by Eli Lilly & Co. and commercially embodied in Lilly’s brand-name drug ALIMTA®, the U.S. Court of Appeals for the Federal Circuit has held. Although no single actor performed all steps of the asserted claims because the actions of both...

Products Liability Law Daily
  • January 13, 2017

    A new mandatory standard intended to improve the safety of infant sling carriers and prevent deaths and injuries to young children has been adopted by the Consumer Product Safety Commission (CPSC). The new federal safety standard, approved by a 3-2 vote on January 11, 2017, incorporates the most recent voluntary standard developed by ASTM International (ASTM F2907-15),  Standard Consumer Safety...

  • January 12, 2017

    The U.S. Court of Appeals for the Seventh Circuit refused to overturn a jury verdict in excess of $11 million awarded to a homeowner who suffered a traumatic brain injury when he fell from a ladder, finding that the expert evidence presented on behalf of the homeowner was reliable and supported the jury’s conclusion that a defect in the ladder...

Securities Regulation Daily
  • January 13, 2017

    The SEC censured and penalized Citadel Securities LLC over misleading statements the firm’s wholesale market making unit allegedly made to retail broker-dealers regarding the execution of retail equity trades sent to the unit under payment for order flow arrangements. Citadel agreed to pay $22.6 million without admitting or denying the SEC’s findings ( In the Matter of Citadel Securities LLC...

  • January 12, 2017

    Biomet, Inc., an Indiana-based company that sells medical devices and dental products, has settled charges with the SEC and the Department of Justice regarding claims that it paid off customs officials in Mexico to facilitate the importation of its unregistered and mislabeled dental products. The company agreed to pay more than $30 million in criminal and civil penalties to settle...

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