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Antitrust Law Daily
  • December 06, 2016

    The Department of Justice announced today that it will require Alaska Air Group to significantly reduce the scope of its codeshare agreement with American Airlines, the world’s largest airline, before Alaska Air can complete its $4 billion acquisition of Virgin America. A Department  new release  explained that those modifications would ensure that Alaska Air would have the incentive to vigorously...

  • December 01, 2016

    Alleged purchasers of physical aluminum lacked antitrust standing to pursue claims that aluminum futures traders and warehouse operators conspired to restrain aluminum traded by way of London Metal Exchange (LME) warrants, because none of the plaintiffs competed in the aluminum warehouse servicing or warrant trading markets. Alleged purchases of physical aluminum, even at inflated prices, did not change the fact...

Banking & Finance Law Daily
  • December 06, 2016

    Hundreds of associations and state chambers of commerce, led by the U.S. Chamber of Commerce, have sent a letter to the Speaker of the House of Representatives, Paul Ryan (R-Wis), along with other House leadership, urging them to make consideration of the Regulatory Accountability Act a priority for the 115th Congress once it convenes.  Stating , "We believe that federal...

  • December 01, 2016

    President-elect Donald Trump’s nomination of Steven Mnuchin as Treasury Secretary has stirred criticism from Congressional Democrats, trade associations, and activist groups. Most criticism focused on Trump’s campaign promises to reform the power in Washington and Mnuchin’s Wall Street background. If confirmed, Mnuchin will be heavily involved in implementing administration plans for economic growth (see  Banking and Finance Law Daily , ...

Employment Law Daily
Health Law Daily
  • December 06, 2016

    HHS will reduce the backlog of Medicare claim-reimbursement appeals in accordance with a timeline containing scheduled backlog reduction targets. The District Court for the District of Columbia issued a writ of mandamus ordering the HHS Secretary to resolve appeals in accordance with a timeline—which runs from December 31, 2017, through December 31, 2020—in order to resolve longstanding appeals backlog which,...

  • December 01, 2016

    The House passed the 21st Century Cures Act (Cures Act) on a 392-26 vote nearly three years after it was first introduced. The bipartisan legislation would primarily expedite FDA approval of new drugs via $500 million in funds to hire more staff to review drug applications, but includes a slew of provisions intended to benefit various sectors of health care...

Health Reform
  • December 08, 2016

    The House passed the 21st Century Cures Act (Cures Act) on a 392 to 26 vote nearly three years after it was first introduced. The bipartisan legislation would primarily expedite FDA approval of new drugs via $500 million in funds to hire more staff to review drug applications, but includes a slew of provisions intended to benefit various sectors of...

  • December 05, 2016

    Rising drug prices have been a hot topic lately, and state Medicaid programs are not immune to the effects of rising cost. Programs have some tactics in their arsenal to control drug spending, such as preferred drug lists and prior authorizations, but these methods may not be enough to handle increases. Pricing unpredictability and the inability to accurately budget for...

Insurance Law Daily
  • December 06, 2016

    A violation of the False Claims Act’s (FCA) seal requirement does not mandate dismissal of a relator’s complaint, the U.S. Supreme Court ruled in a unanimous decision, affirming the Fifth Circuit’s refusal to dismiss an FCA suit alleging that State Farm Fire and Casualty Co. submitted false flood insurance claims to the federal government in the wake of Hurricane Katrina....

  • December 01, 2016

    The concurrent cause doctrine is the appropriate theory of recovery to apply when independent perils converge to cause a loss and no single cause can be considered the sole or proximate cause, Florida’s highest court held, reversing the lower court. In so ruling, the state high court determined that an all-risk homeowners insurance policy did not preclude recovery for water...

IP Law Daily
Products Liability Law Daily
  • December 06, 2016

    A company that purchased some of the assets of a corporation that manufactured material handling equipment was not liable for injuries sustained by a conveyor line worker because there was no evidence to support application of the product line exception to the general rule of successor corporation non-liability, a federal district court in Pennsylvania ruled ( McLaud v. Industrial Resources,...

  • December 02, 2016

    Plaintiffs in six cases in multidistrict litigation against DePuy Orthopaedics and Johnson & Johnson over the Pinnacle hip implant have been awarded more than $1 billion in compensatory and punitive damages by a federal jury in Texas after requiring revision surgery to replace their implants ( In re: DePuy Orthopaedics, Inc. Pinnacle Implant Products Liability Litigation , December 1, 2016,...

Securities Regulation Daily
  • December 06, 2016

    The Supreme Court unanimously upheld the insider trading conviction of Bassam Salman and in doing so reiterated the trading family member theory articulated in its  Dirks  precedent. The case had garnered much attention leading up to an oral argument laden with  complex hypotheticals  because of the potential for the justices to speak on  Dirks  and thereby potentially to indirectly speak...

  • December 02, 2016

    The CFTC has unanimously approved proposed rules establishing minimum capital requirements for swap dealers (SDs) and major swap participants (MSPs). The rules, called for by the Dodd-Frank Act enacted in 2010, were long in coming. With margin requirements becoming finalized and implemented over the past few years, the Commission is now taking this opportunity to  move the rulemaking process forward...

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