LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • March 22, 2017

    In the run up to tomorrow’s showdown on the repeal of the Patient Protection and Affordable Care Act ( P.L. 111-148 ), the House of Representatives today passed proposed legislation to repeal the antitrust exemption for the business of health insurance. The "Competitive Health Insurance Reform Act of 2017" ( H.R. 372 ) is considered to be part of the...

  • March 21, 2017

    In GlaxoSmithKline’s antitrust and unfair trade practices action against Abbott Laboratories, over the licensing and pricing of human immunodeficiency virus (HIV) medications, the federal district court in Greensboro, North Carolina, denied Abbot’s motion for judgment on the pleadings based on changed choice-of-law principles and Abbot’s alternative motion to dismiss GlaxoSmithKline's unfair and deceptive trade practices claim ( SmithKline Beecham Corporation...

Banking & Finance Law Daily
  • March 22, 2017

    Rejecting arguments raised by two defendant law firms and their principal on appeal, the Indiana Supreme Court has ruled that the Indiana’s Credit Services Organizations Act, Mortgage Rescue Protection Fraud Act, Home Loan Practices Act, and Deceptive Consumer Sales Act, do not provide the law firms with any express or implied exemption from liability. The State of Indiana’s lawsuit against...

  • March 21, 2017

    Determining that the Consumer Financial Protection Bureau’s complaint against third-party payment processor Intercept Corporation and its owners failed to allege sufficient facts to support claims for "unfair, deceptive, or abusive acts or practices" (UDAAP) under the Consumer Financial Protection Act, the U.S. District Court for the District of North Dakota dismissed the CFPB’s complaint "without prejudice" ( Consumer Financial Protection...

Employment Law Daily
  • March 25, 2017

    A DOL ALJ has dismissed, due to the defendant company’s agreement to comply with the agency’s request for an on-site investigation, what is apparently the OFCCP’s first enforcement action based on an individual complaint of sexual orientation discrimination. In a previous decision issued ten days before the dismissal, the ALJ rejected arguments by the defendant, [...]

  • March 24, 2017

    By Lisa Milam-Perez, J.D. A federal district court properly rejected a challenge brought by two Illinois state workers hoping to bar their unions from collecting “fair share” fees from nonmembers. The Illinois Public Labor Relations Act allows for such fees and the First Amendment does too, according to the U.S. Supreme Court’s 1977 decision in Abood [...]

Health Law Daily
  • March 22, 2017

    Wright Medical Technology, Inc. was not entitled to a new trial following an adverse jury verdict in the first bellwether trial against it for products liability and misrepresentation claims relating to the device maker’s Conserve® metal-on-metal hip implant device, the U.S. Court of Appeals for the Eleventh Circuit ruled, affirming the district court’s $2.1 million judgment against the company. Contrary...

  • March 21, 2017

    The Eleventh Circuit Court of Appeals vacated a lower court’s decision denying a dairy creamery’s contention that Florida had violated its First Amendment rights when the state prevented it from labeling and selling unfortified skim milk as "skim milk." While Florida was permitted to propose a definition for a given term, it did not follow that once it had done...

Health Reform
  • March 24, 2017

    On March 16, 2017, the Trump Administration published a "blueprint" laying out the president’s priorities for the federal government’s fiscal year (FY) 2018 budget. At the beginning of the document, President Donald Trump wrote that the budget seeks to increase military spending without adding to the federal deficit; therefore, the  blueprint  includes reductions to many federal agencies, including HHS, CMS,...

  • March 23, 2017

    Before the House is expected to vote on the American Health Care Act (AHCA), which would repeal the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148), House Republicans announced AHCA  updates  on March 20, 2017, to firm up support from more conservative members of the party. Changes to the AHCA include permitting states to require able-bodied Medicaid recipients without...

IP Law Daily
  • March 22, 2017

    Designs for cheerleading uniforms owned by Varsity Brands, Inc., were copyrightable because the graphic elements of those designs were separable from the utilitarian function of a cheerleading uniform, the U.S. Supreme Court has held. In a split decision, the Court held that a feature incorporated into the design of a useful article is eligible for copyright protection only if the...

  • March 21, 2017

    Laches may not be invoked as a defense against a patent infringement claim for damages brought within the Patent Act’s six-year statute of limitations, the U.S. Supreme Court has ruled, in a 7-1 opinion authored by Justice Samuel Alito. In an infringement suit brought by adult incontinence products manufacturers SCA Hygiene Products Aktiebolag and SCA Personal Care, Inc. (collectively, "SCA"),...

Products Liability Law Daily
  • March 22, 2017

    Excelligence Learning Corporation, d/b/a Discount School Supply, of Monterey, California, has recalled around 10,400 packages of Environments™ brand children’s waterproof bibs because the bibs have a waterproof plastic backing that can separate from the terry cloth fabric, creating a suffocation hazard to children ( CPSC Recall Notice , No. 17-734, March 22, 2017). Incidents and injuries.  Discount School Supply has...

  • March 21, 2017

    For the second time in two months, the effective date for the National Highway Traffic Safety Administration’s safety standard that requires all newly-manufactured hybrid and electric light vehicles to make audible noise when traveling in reverse or forward at low speeds has been temporarily delayed in accordance with the January 20, 2017 memorandum issued by White House Chief of Staff...

Securities Regulation Daily
  • March 22, 2017

    The SEC today adopted an amendment to Exchange Act Rule 15c6-1(a) to shorten the standard settlement cycle for most broker-dealer securities transactions. Currently, the trade settlement cycle for transactions is three business days (T+3), but the change decreases the period to two business days (T+2) to enhance efficiency and reduce risk for market participants. T+2 provisions.  The  amendments  to Rule...

  • March 21, 2017

    A district court has held that liability under the misappropriation theory of insider trading may be premised on a post-disclosure agreement. In this case, a hedge fund manager agreed not to trade on confidential information during at least one of three phone calls with a company executive. The court concluded that the misappropriation theory does not require an agreement not...

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UPCOMING EVENTS

March 26, 2017 7:30 AM -
March 29, 2017 4:30 PM
National Harbor, MD
Wolters Kluwer is proud to once again be a Platinum Sponsor and exhibitor at the HCCA's 21's Annual Compliance Institute in National Harbor, MD! Please stop by Booth #501 to see the latest ComplyTrack and enter to win one of two $100 gift cards!