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Antitrust Law Daily
  • May 17, 2017

    A settlement resolving FTC allegations that Volkswagen Group of America, Inc. (VW) deceived consumers by marketing its "3.0-liter TDI" automobiles as "clean diesel" vehicles was approved by the federal district court in San Francisco today. Under the settlement, VW agreed to compensate owners and lessees of Volkswagen, Audi, and Porsche 3.0 liter TDI diesel cars who were purportedly misled by...

  • May 12, 2017

    Two real estate investors convicted of conspiring to rig bids at foreclosure auctions in California were not entitled to a new trial based on newly discovered evidence obtained after trial, "prejudicial spillover" from evidence supporting an ultimately rejected obstruction of justice count, and purported prosecutorial misconduct and ambiguous jury instructions. There was sufficient evidence to establish that the investors knowingly...

Banking & Finance Law Daily
  • May 17, 2017

    U.S. Senators Elizabeth Warren (D-Mass) and James Lankford (R-Okla) have reintroduced a bipartisan measure, the Truth in Settlements Act of 2017, to increase the transparency of major settlements reached by federal enforcement agencies. Seeking to inform the public and to hold federal regulators accountable for the true value of these settlements, the bill would require more accessible and detailed disclosures...

  • May 12, 2017

    Senate Democrats are questioning Treasury Secretary Steven Mnuchin’s decision to replace Comptroller of the Currency Thomas J. Curry with a new acting head of the OCC, Keith Noreika. In the  letter , seven senators from the Banking Committee—Catherine Cortez Masto (D-Nev), Sherrod Brown (D-Ohio), Chris Van Hollen (D-Md), Elizabeth Warren (D-Mass), Robert Menendez (D-NJ), Brian Schatz (D-Hawaii), and Jack Reed...

Employment Law Daily
  • May 22, 2017

    By Ronald Miller, J.D. Certified nursing assistants (CNAs) whose terms of employment were governed by a collective bargaining agreement were not required to first exhaust their contractual remedies before pursuing their overtime pay claims in a judicial forum, ruled the Third Circuit in a 2-1 decision. The employees’ FLSA claims regarding the inclusion of shift differentials [...]

  • May 22, 2017

    By Ronald Miller, J.D. Absent evidence that a union claimed to represent employees that an employer inherited after merging with another company, or that the union had lost support among its current bargaining unit members, an employer failed to meet the threshold showing necessary for processing an election petition, ruled a divided NLRB. Finding that the [...]

Health Law Daily
  • May 17, 2017

    A whistleblower’s suit under the False Claims Act (FCA) (31 U.S.C. §3729 et seq.) against UnitedHealth Group (UnitedHealth), its subsidiaries, and other insurers for their role in allegedly bilking Medicare out of at least one billion dollars was recently unsealed, revealing the massive fraud allegations. The complaint alleges that beginning in 2006, UnitedHealth and its subsidiaries made tens of thousands...

  • May 12, 2017

    Memorial Hermann Health System (MHHS), a Texas-based health system, violated the Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191) Privacy Rule when it released the name of a patient to various media outlets, after the undocumented immigrant presented a false driver’s license at an MHHS facility and MHHS contacted law enforcement. The HHS Office for Civil Rights ( OCR...

Health Reform
  • May 19, 2017

    As the Senate will now take up the task of perhaps repealing and replacing the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148), employers expect to retain some of the law’s popular provisions, even if they are not required to by a new law, according to a new survey by Willis Towers Watson. Six hundred and sixty-six employers  responded...

  • May 16, 2017

    A former pharmaceutical employee’s qui tam lawsuit was properly dismissed pursuant to a motion to dismiss under the public disclosure bar where the relator was not the original source of the information, the U.S. Court of Appeals for the 8th Circuit ruled. The issue of a public disclosure bar to a False Claims Act (FCA) ( 31 U.S.C. §3729  et...

IP Law Daily
  • May 17, 2017

    Video game developers Blizzard Entertainment, Inc., and Valve Corporation could pursue claims that competitor uCool, Inc., infringed their copyrights by impermissibly copying elements of their video games, including "Warcraft," "World of Warcraft," and "Diablo" in its mobile device game "Heroes Charge," the federal district court in San Francisco has decided. Thus, uCool’s motion for partial summary judgment was denied (...

  • May 12, 2017

    An appeal asking whether Article III of the U.S. Constitution prohibits the Patent Trial and Appeal Board from canceling claims of an issued patent following  inter partes  review (IPR) will be heard in the first instance by a three-judge panel, rather than by the  en banc  court, the U.S. Court of Appeals for the Federal Circuit has decided. A patent...

Products Liability Law Daily
  • May 17, 2017

    A settlement resolving FTC allegations that Volkswagen Group of America, Inc. (VW) deceived consumers by marketing its "3.0-liter TDI" automobiles as "clean diesel" vehicles was approved by the federal district court in San Francisco today. Under the settlement, VW agreed to compensate owners and lessees of Volkswagen, Audi, and Porsche 3.0 liter TDI diesel cars who were purportedly misled by...

  • May 16, 2017

    Several insurers have filed a products liability suit against the manufacturer of a weather tracking system that was used by the captain of the ill-fated cargo ship El Faro, which sank in Hurricane Joaquin while on a voyage from Florida to Puerto Rico. According to the complaint, the product provided outdated and inaccurate projections of the hurricane’s path and was...

Securities Regulation Daily
  • May 17, 2017

    Snap’s disappointing post-IPO results and a whistleblower case filed by a former employee are the basis for a new class action suit filed against the company in California. The plaintiff alleges that statements in Snap’s prospectus contained misrepresentations and omissions about the company’s user growth ( Erickson v. Snap Inc. , May 16, 2017). The complaint points to statements in...

  • May 16, 2017

    A Massachusetts district court threw out investor allegations that a healthcare IT company deceived them into buying shares at artificially high prices. The alleged misrepresentations of optimistic sales projections in SEC filings and conference calls were non-actionable forward-looking statements. Moreover, the investors failed to adequately allege scienter, given the company’s cautionary statements ( Hensley v. Imprivata, Inc.  May 15, 2017,...

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