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Antitrust Law Daily
  • May 22, 2017

    The U.S. Supreme Court continues to clean up its docket. With one month left in the October 2016 term, the Court today rejected two petitions in antitrust cases. First, the Court refused to disturb a  decision  by the U.S. Court of Appeals in New Orleans that a state agency authorized with regulating nursing education within the state of Louisiana was...

  • May 18, 2017

    The European Commission (EC) has fined Facebook, Inc. for providing incorrect or misleading information to the EC during an investigation into the company’s 2014 acquisition of WhatsApp. Today, the EC  announced  that a €110 million fine was necessary because Facebook had provided misinformation about the company's inability to establish reliable automated matching between Facebook users' accounts and WhatsApp users' accounts...

Banking & Finance Law Daily
  • May 22, 2017

    A group of payday lenders have told the Court of Appeals for the District of Columbia that a U.S. district court judge was wrong to deny their request for a preliminary injunction against Federal Deposit Insurance Corporation activities they claim are intended to drive them out of business. The lenders’  appellate brief  argues that they are likely to succeed in...

  • May 18, 2017

    Seven Democratic and two Republican senators have jointly introduced a bill that is intended to ensure marijuana businesses that are legal under state law have access to needed banking services. The Secure and Fair Enforcement (SAFE) Banking Act would alleviate the public safety problems that are presented when cannabis businesses are denied basic banking and credit card services and thus...

Employment Law Daily
  • May 26, 2017

    By Marjorie Johnson, J.D. An employee whose son was denied employer-sponsored insurance coverage for gender reassignment treatment failed to convince the Eighth Circuit to revive her claims against her employer for sex discrimination under Title VII and the Minnesota Human Rights Act (MHRA), since she didn’t suffer discrimination based on her own gender, and thus lacked [...]

  • May 26, 2017

    By Lisa Milam-Perez, J.D. In a case on remand from the U.S. Supreme Court, the Ninth Circuit concluded for a second time that a district court erred in refusing to enforce an EEOC administrative subpoena seeking “pedigree information” (name, social security number, and contact information) on employees and prospective employees who had taken an employer’s mandated [...]

Health Law Daily
  • May 22, 2017

    The Office of Inspector General (OIG)’s assessment found Medicaid Fraud Control Units (MFCUs), which review patient abuse and neglect complaints and Medicaid provider fraud, recovered nearly $1.9 billion and reported 1,564 convictions in fiscal year (FY) 2016. The annual report analyzing data submitted by MFCUs found that $1.5 billion of the total recovered came from civil recoveries and $368 million...

  • May 18, 2017

    The district court lacked subject matter jurisdiction in a False Claims Act (FCA) (31 U.S.C. §3729 et seq.) lawsuit where the complaint was based on public disclosures made through allegations of fraud in a prior patent infringement suit, the 9th Circuit Court of Appeals has affirmed. The relator, Amphastar Pharmaceuticals (Amphastar), failed to establish that it was the original source...

Health Reform
  • May 24, 2017

    Kentucky made federal Medicaid payments totaling $105 million on behalf of 34,593 potentially ineligible beneficiaries because of human and system errors made during its Medicaid eligibility determinations. Specifically, Kentucky did not always electronically or manually verify income and citizenship as required by federal and state Medicaid eligibility rules. In addition, it did not perform or maintain documentation of identity-proofing for...

  • May 22, 2017

    By a vote of 21-to-two on May 11, 2017, the Senate Committee on Health, Education, Labor & Pensions advanced the Food and Drug Administration (FDA) Reauthorization Act of 2017 for consideration before the full Senate. The bipartisan act comprises the prescription drug user fee act (PDUFA), the medical device user fee amendments (MDUFA), the generic drug user fee amendments (GDUFA),...

IP Law Daily
  • May 22, 2017

    The Federal Circuit erred in holding that the District of Delaware could exercise personal jurisdiction over Indiana corporation TC Heartland LLC in a patent infringement suit filed by Kraft Foods Group Brands LLC, according to a unanimous decision of the U.S. Supreme Court. The patent venue statute, 28 U.S.C. §1400(b), is the exclusive law controlling venue in patent cases, and...

  • May 18, 2017

    A provider of low-pressure spray-cooling equipment for furnaces in the steel industry was entitled to a preliminary injunction that prohibited two former employees and their new company from using the plaintiff’s trade secrets to design and supply low-pressure spray-cooling equipment for the steel industry, the federal district court in El Dorado, Arkansas, has ruled. Until a trial could be held...

Products Liability Law Daily
  • May 23, 2017

    Hobby Lobby Stores Inc., of Oklahoma City, Oklahoma, has recalled around 43,400 Easter and July 4th-themed light-up spinner toys because the battery cover can detach and expose the small coin cell batteries, posing choking and ingestion hazards to young children ( CPSC Recall Notice , No. 17-166, May 23, 2017). Incidents and injuries.  Hobby Lobby has received one report of...

  • May 22, 2017

    The parents of a young child alleged to have suffered permanent brain injuries after eating toy Aqua Dots beads containing a toxic substance are seeking U.S. Supreme Court review of a federal appellate panel’s decision upholding the Arizona federal court’s refusal to permit the jury to consider punitive and other economic damages in the parents’ product liability case against the...

Securities Regulation Daily
  • May 23, 2017

    The Trump administration’s 2018 federal government budget proposal is short on details about its application to federal financial services regulators. The budget, which often is thought of as a statement of an administration’s spending plans and principles, has more political than financial significance. The budget, titled " A New Foundation for American Greatness ," and the accompanying " Major Savings...

  • May 22, 2017

    The CFTC unanimously approved changes to its rules that allow both the agency and whistleblowers to bring actions against employers who seek to retaliate against employees who blow the whistle on alleged misconduct. The rules likewise seek to ensure whistleblowers’ ability to communicate with the CFTC. The CFTC’s new rules echo similar developments at the SEC, which has also taken...

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