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Antitrust Law Daily
  • June 19, 2017

    The proposed merger of DraftKings, Inc., and FanDuel Limited is being challenged by the FTC. Concerned that the proposed combination would reduce competition in the U.S. market for paid daily fantasy sports contests, the FTC  announced  today that it was issuing an administrative complaint, as well as filing a complaint in the federal district court in Washington, D.C. to block...

  • June 16, 2017

    After nearly 14 years at the Department of Justice Antitrust Division, Brent Snyder is moving on. Today marks Snyder’s last day as deputy assistant attorney general in charge of the Antitrust Division’s criminal enforcement program. No word yet on who will take over for Snyder. A permanent replacement could be on hold until a new assistant attorney general is sworn...

Banking & Finance Law Daily
  • June 19, 2017

    In a June 13 letter to the U.S. Court of Appeals for the District of Columbia Circuit, PHH Corporation refuted the Consumer Financial Protection Bureau’s claim that a three-year statute of limitations provided under the Real Estate Settlement Procedures Act does not apply to the CFPB’s enforcement action brought against the financial services provider based in New Jersey. CFPB’s argument....

  • June 16, 2017

    The House Financial Services Committee passed two bills to reform and reauthorize the National Flood Insurance Program (NFIP), which is set to expire on Sept. 30, 2017—the National Flood Insurance Program Policyholder Protection Act of 2017 ( H.R. 2868 ) and the 21st Century Flood Reform Act of 2017 ( H.R. 2874 ). The Committee will reconvene on June 21,...

Employment Law Daily
  • June 22, 2017

    By Kathleen Kapusta, J.D. Declaring it impossible to divine the intent of a voter who produced a “hopelessly unclear ballot” in a union election, the Seventh Circuit found the NLRB abused its discretion by counting the vote. Further, the Board erred in dismissing as moot the union’s challenge to a second disputed vote, said the appeals [...]

  • June 22, 2017

    By Marjorie Johnson, J.D. Though the timing of adverse actions taken against an administrative assistant was suspicious—as she was suspended for purported misconduct the day she returned from her FMLA leave and fired after she skipped her disciplinary meeting—she was unable to revive her FMLA retaliation claim. She may have disagreed with the decision, but there [...]

Health Law Daily
Health Reform
  • June 21, 2017

    For plan year 2018, the network breadth pilot that gives health insurance exchange consumers in some states information about the relative size of provider networks will continue, according to an informational bulletin from CMS’ Center for Consumer Information & Insurance Oversight (CCIIO). If the pilot determines that consumers think network breadth data is a useful part of their decision-making process,...

  • June 20, 2017

    An analysis of individuals with health insurance policies purchased through the exchange who cancelled their policies during 2017 determined that, of consumers who left for reasons other than obtaining insurance through another source, most left due to higher premiums and ineligibility for financial assistance. Two CMS reports showed that consumers whose carriers chose to cancel plan options or stop offering...

IP Law Daily
  • June 19, 2017

    The U.S. Supreme Court has held that a Lanham Act provision against disparaging marks is facially invalid in light of the Free Speech clause of the First Amendment. Justice Alito, writing for the court, noted that trademarks are private, not government, speech. Justices Kennedy, Ginsburg, Sotomayor, and Kagan agreed that the disparagement claims, 15 U. S. C. §1052(a), constituted viewpoint...

  • June 16, 2017

    Three patents claiming methods of testing for the enzyme myeloperoxidase (MPO) were not directed to patent-eligible subject matter, the U.S. Court of Appeals for the Federal Circuit has held, affirming a  decision  of the federal district court in Cleveland finding the patents invalid under 35 U.S.C. §101. The patents merely claimed a law of nature—specifically, the correlation between MPO and...

Products Liability Law Daily
  • June 19, 2017

    California courts lack specific jurisdiction to entertain product liability claims against the manufacturer of the blood-thinning drug Plavix® by plaintiffs allegedly harmed by the drug who are not residents of that state, the United States Supreme Court ruled today, reversing a decision of that state’s highest court that would have allowed claims against the drug maker by hundreds of non-Californians...

  • June 16, 2017

    A concrete manufacturer owed a duty to indemnify a construction company for damages sustained by homeowners who had sued the company after their concrete driveway cracked and discolored, a Texas appellate panel determined, affirming a state trial court’s decision. In so ruling, the panel rejected all of the manufacturer’s bases for appeal—including the contention that the construction company was not...

Securities Regulation Daily
  • June 19, 2017

    As part of ongoing efforts to protect investors, promote market liquidity and efficiency, and enhance price transparency in financial markets, the International Organization of Securities Commissions, has published a  Final Report on Order Routing Incentives . The report provided an overview of practices used by market regulators regarding incentives for order routing that may influence how intermediaries (e.g., investment advisers...

  • June 16, 2017

    The Delaware Chancery Court has dismissed claims for breach of fiduciary duty, waste, and unjust enrichment against Qualcomm Inc.’s directors for failure to plead demand futility. According to the court, the complaint did not allege particularized facts giving rise to an inference that a majority of the board faces a substantial likelihood of liability based on awareness of red flags...

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