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Antitrust Law Daily
  • April 24, 2017

    A federal district court did not err in dismissing a consumer’s lawsuit alleging that a drug manufacturer violated California’s false advertising and consumer protection laws by making unsubstantiated claims in marketing its over-the-counter human growth hormone (HGH) supplement, the U.S. Court of Appeals in San Francisco has ruled. Neither the state’s Unfair Competition Law (UCL) nor its Consumer Legal Remedies...

  • April 20, 2017

    Mathew Enterprise, Inc., a Chrysler, Jeep, Dodge, and Ram dealership operating as Stevens Creek, was not entitled to a new trial based on improper jury instructions in its trial against franchisor Chrysler Group for allegedly offering incentive payments to its other dealers in Northern California but not to Stevens Creek in violation of § 2(a) of the Robinson-Patman Act, the...

Banking & Finance Law Daily
  • April 24, 2017

    Soon after President Trump enacted two Presidential Memoranda on April 21, 2017, members of Congress and industry associations have responded, discussing the effect these orders may have on the banking industry. The memoranda affect the ability of the Financial Stability Oversight Council to  designate nonbanks  as systemically important financial institutions, and the bank regulators to exercise the  orderly liquidation authority...

  • April 20, 2017

    The Consumer Financial Protection Bureau has filed suit in federal district court for the Southern District of Florida against Ocwen Financial Corporation, one of the nation’s largest nonbank mortgage servicers, and its subsidiaries, for "failing borrowers at every stage of the mortgage servicing process."  According to the CFPB , Ocwen "botched" servicing basics such as sending accurate monthly statements, made...

Employment Law Daily
  • April 28, 2017

    Earlier this month, the Department of Justice announced that it had settled a case in which a Rapid City, South Dakota-based company allegedly violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to reemploy and ultimately terminating a servicemember. According to the Justice Department’s complaint, Staff Sgt. Amber Ishmael’s military service was a [...]

  • April 28, 2017

    By Lorene D. Park, J.D. Dismissing a putative class action by a former Division I football player at the University of Southern California, who claimed the NCAA and PAC-12 Conference violated the FLSA and state law by failing to pay players minimum wages and overtime, a federal district court in California agreed with a majority of [...]

Health Law Daily
  • April 24, 2017

    The former CEO of WellCare Health Plans, Inc., a Florida managed care plan sponsor, ran out of appeals on his federal health care fraud conviction on April 24, 2017, when the Supreme Court  denied  his  petition for writ of certiorari . As a result, an 11th Circuit decision upholding a jury instruction allowing for conviction upon a finding that the...

  • April 20, 2017

    The revocation of a durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) supplier’s Medicare billing privileges did not violate due process because the supplier failed to establish a constitutionally protected property or liberty interest. The district court granted HHS’ motion for summary judgment and dismissed with prejudice the remaining defendants on jurisdictional grounds ( Hindley v. HHS , April 19,...

Health Reform
  • April 26, 2017

    The fiscal year (FY) 2018 Proposed rule for inpatient prospective payment system (IPPS) and long-term care hospital prospective payment system (LTCH PPS) provides a "strong focus on patient-centered care" and improving outcomes, as well as updating payment rules and policies. The proposed updates, provided in an  advance release , also promote transparency, flexibility, and innovation in the delivery of health....

  • April 24, 2017

    A physician who operated as a Medicare program supplier was not entitled to a hearing on the denial of his status as a "primary care practitioner," the Departmental Appeals Board (DAB) ruled. The physician was therefore not eligible for incentive payments under the Affordable Care Act ( Feiss v. CMS , Docket No. A-17-16, Decision No. 2776, March 14, 2017)....

IP Law Daily
  • April 24, 2017

    A Patent Trial and Appeal Board decision finding invalid two independent claims of a patent for a method of designing the layout of an integrated circuit was not supported by substantial evidence, the U.S. Court of Appeals for the Federal Circuit has held. Prior art references cited by the Board did not teach or suggest the patented methods for "flattening"...

  • April 20, 2017

    The Copyright Royalty Board (CRB) today issued a Final Rule to amend Title 37 of the Code of Federal Regulations to permit the electronic filing of documents. The  Final Rule  amends and augments the procedural regulations governing the filing and delivery of documents. On November 23, 2016, the Copyright Royalty Judges published a  Notice of Proposed Rulemaking  in the Federal...

Products Liability Law Daily
  • April 25, 2017

    Under Tennessee law, fault in a products liability action can be allocated to immune non-parties, including federal and state agencies. As a result, a surgical center and a physician who are among the defendants in the products liability suit related to 2012’s nationwide fungal meningitis outbreak may be able to assert that the Food and Drug Administration (FDA) and the...

  • April 24, 2017

    The U.S. Supreme Court has denied a petition by General Motors LLC asking it to reverse a decision by the U.S. Court of Appeals for the Second Circuit ruling that the sale of so-called "Old GM’s" assets as part of its 2009 bankruptcy did not enjoin certain claims against "New GM" relating to the motor vehicle manufacturer’s ignition switch controversy....

Securities Regulation Daily
  • April 25, 2017

    The CFTC’s Market Risk Advisory Committee (MRAC), considered a host of issues and shared diverse opinions on numerous topics ranging from central counterparty defaults, to increased cybersecurity risks, to the uncertainties associated with Brexit and global regulatory reforms at its meeting convened at the Commission’s Washington D.C. headquarters. The MRAC is charged with advising the CFTC with regard to systemic...

  • April 24, 2017

    A panel of the Fifth Circuit Court of Appeals reversed a district court’s order that set aside a jury verdict that found a life settlement provider liable for securities fraud relating to statements about life expectancy estimates. The panel also rejected the lower court’s finding that a clawback of compensation was not supported by the evidence. It agreed with the...

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