LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • September 19, 2016

    A decades-old consent decree, which defined Broadcast Music, Inc.’s (BMI’s) repertory as "those compositions, the right of public performance of which [BMI] has…the right to license or sublicense," did not require full-work licensing—a blanket license from BMI that would allow music users to publicly perform, without risk of copyright infringement liability, all works in BMI’s repertory. The federal district court...

  • September 16, 2016

    A proposed final judgment intended to resolve Department of Justice Antitrust Division concerns over a merger’s impact on competition in the U.S. media contact database market has been approved by the federal district court in Washington, D.C. The settlement resolved a complaint filed in June, alleging that the proposed acquisition of UBM plc’s PR Newswire business by private equity firm...

Banking & Finance Law Daily
  • September 27, 2016

    The Consumer Financial Protection Bureau entered into a Consent Order and Stipulation with TitleMax parent company TMX Finance LLC for luring consumers into costly loan renewals by presenting them with misleading information about the deals’ terms and costs. The lender also used unfair debt collection tactics that illegally exposed information about debts to borrowers’ employers, friends, and family. The bureau...

  • September 26, 2016

    The Federal Reserve Board is proposing changes to its annual Comprehensive Capital Analysis and Review that would relieve large but noncomplex firms from the requirement to complete the qualitative assessment. The  proposal  would benefit bank holding companies and foreign companies’ intermediate holding companies that have between $50 billion and $250 billion in consolidated assets, on-balance sheet foreign exposures of less...

Employment Law Daily
  • September 30, 2016

    Beginning in March 2018, the Employer Information Report, commonly known as the EEO-1 Report, will include the collection of summary pay data from employers with more than 100 employees, the EEOC announced on September 29, 2016. The deadline for the new 2017 EEO-1 report will be March 31, 2018, which gives employers 18 months to [...]

  • September 30, 2016

    By Kathleen Kapusta, J.D. Vacating a district court’s order granting in part a chicken processor’s motion to obtain discovery related to its employees’ attempts to acquire U visas—an immigration benefit that can be sought by victims of certain crimes (even undocumented immigrants) who have assisted government authorities in criminal investigations—the Fifth Circuit found the lower court [...]

Health Law Daily
  • September 27, 2016

    The federal district court in Harrisburg, Pennsylvania, erred in finding that the Federal Trade Commission (FTC) too narrowly defined the geographic market in its challenge to the proposed merger between Penn State Hershey Medical Center and Pinnacle Health System, the Third Circuit ruled. Because the FTC demonstrated that the proposed transaction would be presumptively anticompetitive and the hospitals failed to...

  • September 26, 2016

    The Illinois Department of Healthcare and Family Services (HFS) must begin to find private duty nurses to provide in-home nursing care for Medicaid-eligible children who have been granted the home nursing benefit. The U.S. Court of Appeals for the Seventh Circuit affirmed an Illinois district court’s grant of a preliminary injunction requiring HFS to take action after it determined that...

Health Reform
  • September 29, 2016

    Calling a claim for money a claim for declaratory relief is not enough to overcome HHS’ sovereign immunity. A district court in Minnesota did not have jurisdiction to hear a self-insured/self-administered group health plan’s (SI/SA plan) request for relief from the Patient Protection and Affordable Care Act’s (ACA) ( P.L. 111-148 ) 2014 transitional reinsurance fee. Although trustees of the...

  • September 28, 2016

    The average annual workplace family health premium rose a modest 3 percent to $18,142 in 2016, and the average deductible for high-deductible health plans rose 12 percent to $1,478 annually, according to figures recently released by the  Kaiser Family Foundation  (KFF). KFF further reports that, at small firms, average deductibles now top $2,000. Furthermore, few employers reported changing workers’ hours...

Insurance Law Daily
  • September 27, 2016

    A directors and officers liability insurer had no duty to defend a maker of plumbing fixtures in an action brought by shareholders who previously had served as directors of the company, a federal court in California ruled, finding that the policy’s "insured v. insured" exclusion applied to bar coverage. Contrary to the company’s assertion, the exclusion’s exception for derivative claims...

  • September 26, 2016

    A Montana risk retention group that provided malpractice insurance to an Alaska-based law firm was entitled to recover the costs of defending the firm in an underlying lawsuit that was not covered under the terms of the insurance policy, a federal appellate panel determined, reversing and remanding a federal trial court’s grant of summary judgment favoring the firm on that...

IP Law Daily
  • September 27, 2016

    A petition to cancel a registration for the mark HOPNOTIC for "beer" has been sustained by the Trademark Trial and Appeal Board on the ground of likelihood of confusion with the petitioner’s previously registered mark HPNOTIQ for "liqueur." The petitioner’s HPNOTIQ mark was strong and entitled to a broad scope of protection, the parties’ products were related and likely to...

  • September 26, 2016

    A patent related to creating and distributing videos with clickable links was invalid as anticipated by a prior art European patent, the U.S. Court of Appeals for the Federal Circuit has held. A decision of the Patent Trial and Appeal Board in a covered business method (CBM) review was affirmed ( Intertainer, Inc. v. Hulu, LLC , September 26, 2016,...

Products Liability Law Daily
  • September 27, 2016

    The Florida Court of Appeal for the Fourth District issued a new opinion overturning a nearly $55 million punitive damages award against four tobacco companies and ordering a new trial based primarily on its finding that the cumulative effect of plaintiff counsel’s improper statements and arguments was highly prejudicial to the tobacco companies and impacted the outcome of the jury’s...

  • September 26, 2016

    The National Highway Traffic Safety Administration recently published several documents pertaining to its ongoing investigation into the causes of Takata (TK Holdings Inc.) airbag inflator ruptures. The primary document, Takata’s own  report  on its internal investigation into the root cause of PSAN (phase-stabilized ammonium nitrate) airbag inflator ruptures, was compiled pursuant to the  Consent Order  entered into by Takata and...

Securities Regulation Daily
  • September 27, 2016

    The SEC has announced the settlement of the largest penalty in a financial reporting case this fiscal year, and the third largest in the past decade, in connection with a multi-year income tax accounting fraud by Weatherford International. Enforcement Director Andrew Ceresney said the action was significant not only because it involved a major accounting fraud, but also because it...

  • September 26, 2016

    The Second Circuit Court of Appeals has affirmed the dismissal of a breach of contract action brought against several national exchanges for allegedly providing an unfair data advantage to high frequency traders. The court noted that while Regulation NMS requires that exchanges transmit market data to the information processor and to preferred customers at the same time, there was no...

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