LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • February 21, 2017

    Preliminary approval of a $252 million settlement to resolve certain claims brought by the FTC, the Department of Justice, the State of California, and private consumers against Volkswagen Group of America, Inc. (VW), over the company’s marketing and sales of certain "clean diesel" vehicles has been granted by the federal district court in San Francisco. The settlement is intended to...

  • February 17, 2017

    The federal district court in Cincinnati yesterday sentenced Hitachi Automotive Systems, Ltd. for its role in a conspiracy to fix the price of automotive shock absorbers. While the company had agreed to plead guilty and pay a $55.48 million fine, there was a dispute over whether it should be sentenced to probation. The court  imposed  the $55.4 million fine and...

Banking & Finance Law Daily
  • February 21, 2017

    Two married homeowners have failed to convince the U.S. Court of Appeals for the Fourth Circuit that their claims arising out of refinancing their mortgage loan and subsequent default and foreclosure were exempt from the administrative claims process established by the Financial Institutions Reform, Recovery and Enforcement Act. Of the 14 separate counts at issue, 11 should have been submitted...

  • February 17, 2017

    New York State’s "first in the nation" cybersecurity regulation takes effect March 1, 2017, Governor Andrew M. Cuomo announced. The regulation, intended to protect New York’s financial services industry and consumers from cyber-attacks, requires banks, insurance companies, and other financial services institutions regulated by the Department of Financial Services to establish and maintain a cybersecurity program designed to protect consumers’...

Employment Law Daily
  • February 24, 2017

    A Washington truck company discriminated against a longtime employee when it refused to allow her to bring a trained service dog to work. Haney, a Yakima-based heavy haul trucking company that operates in seven states and Canada, prohibited the employee from using her trained service animal, Lucky, who alerts her to dangerous blood sugar drops, [...]

  • February 23, 2017

    By Joy P. Waltemath, J.D. Denying judgment on the pleadings, a federal district court in California ruled that the ADEA disparate impact claim of an applicant for a position at PricewaterhouseCoopers could go forward, specifically holding that disparate impact claims under the statute are not limited to “employees.” Although the Ninth Circuit has not decisively held, [...]

Health Law Daily
  • February 21, 2017

    Product liability claims brought against Baxter Healthcare Corporation and Baxter International, Inc. (Baxter) for injuries a patient allegedly sustained as a result of using Baxter’s Dianeal® Peritoneal Dialysis (PD) Solution were dismissed in part. The court dismissed all of the patient’s claims that were brought outside the Louisiana Products Liability Act (LPLA), which establishes the exclusive theory of liability for...

  • February 17, 2017

    The U.S. Attorney General possesses an absolute veto power over voluntary settlements in False Claims Act (FCA) (31 U.S.C. §3729) qui tam actions, the U.S. Court of Appeals for the Fourth Circuit has held. A South Carolina district court’s ruling that the government—despite not intervening in a qui tam action involving various operators of elder care facilities that allegedly fraudulently...

Health Reform
  • February 23, 2017

    Before President Trump and Congressional Republicans fulfill their promises to repeal and replace the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148), they need to stabilize the ACA until a new plan is enacted and takes effect. To that end, the Trump Administration issued a Proposed rule designed to stabilize the individual and small group markets by addressing some...

  • February 22, 2017

    Although Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) marketplaces that offered total cost estimators to help consumers select a health care plan encountered issues in the development and implementation of such tools, they concluded cost estimators may generate higher enrollment during the sign-up process, according to a  study  conducted by The Commonwealth Fund. The authors of the study,...

IP Law Daily
  • February 21, 2017

    The Patent Trial and Appeal Board erred in finding that the claims a patent owned by Secure Axcess LLC claiming "methods for authenticating a web page" were directed to a covered business method ("CBM") under Section 18 of the America Invent Act ("AIA"), the U.S. Court of Appeals for the Federal Circuit has held. The Board’s definition of a CBM...

  • February 17, 2017

    Two Evolutionary Intelligence data-processing patents that disclosed a "System and Method for Creating and Manipulating Information Containers with Dynamic Registers" were invalid because the patents claimed patent-ineligible subject matter, the U.S. Court of Appeals for the Federal Circuit has decided. The district court’s grant of the defendants’ motion for judgment on the pleadings and dismissal of the infringement claims was...

Products Liability Law Daily
  • February 21, 2017

    Preliminary approval of a $252 million settlement to resolve certain claims brought by the FTC, the Department of Justice, the State of California, and private consumers against Volkswagen Group of America, Inc. (VW), over the company’s marketing and sales of certain "clean diesel" vehicles has been granted by the federal district court in San Francisco. The settlement is intended to...

  • February 17, 2017

    By a 4 to 2 decision, the Florida Supreme Court has declined to adopt an amendment to the Florida Evidence Code that would change the standard of admissibility of expert testimony in the state, to the extent the change is procedural. The Florida legislature’s amendment to the Code adopted the  Daubert  standard for admitting expert opinion evidence to replace the ...

Securities Regulation Daily
  • February 21, 2017

    Senator Al Franken (D-Minn) introduced the End Congressional Stock Market Abuse Act of 2017 in response to recent Trump Administration confirmation hearings that surfaced allegations that a member of Congress may have obtained discounts or premiums in stock transactions. The Senator said in a  press release  that his bill ( S. 350 ) would restrict the ability of members of...

  • February 17, 2017

    Michael S. Piwowar, Acting SEC Chairman and Mike Rothman, NASAA’s President and Minnesota’s Commissioner of Commerce, signed an information-sharing agreement (Memorandum of Understanding (MOU)) to strengthen small business capital formation in light of new rules  facilitating  intrastate crowdfunding and other offerings. New JOBS Act rules took effect in 2015 and 2016; new amendments to foster regional offerings took effect in...

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