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 21, 2016

    Wells Fargo Bank, N.A. has provided a written response to questions from a number of senators about the compensation of Senior Executive Carrie Tolstedt and whether the bank will use its "clawback" authority to recover compensation it has paid to senior executives. Tolstedt is the former Senior Executive Vice President of Community Banking who led the division responsible for conduct...

  • September 19, 2016

    House Financial Services Committee Chair Jeb Hensarling (R-Texas) has begun a committee investigation into alleged fraudulent practices by Wells Fargo Bank, N.A. that resulted in enforcement actions by the Consumer Financial Protection Bureau and Office of the Comptroller of the Currency (see Banking and Finance Law Daily , Sept. 8, 2016). The committee will investigate not only Wells Fargo’s practice...

Employment Law Daily
  • September 29, 2016

    By Lorene D. Park, J.D. Having signed an agreement to abide by an employer’s dispute resolution policy, an employee had to arbitrate his claim that a wellness program and required medical assessments violated Title VII, the ADA, GINA, and other federal laws. Dismissing his claims without prejudice, a federal court in Indiana also explained that the [...]

  • September 29, 2016

    By Lisa Milam-Perez, J.D. While an NLRB-conducted election was “imperfect,” allegations of irregularities during the vote and of intimidating conduct by union supporters in the lead-up to the election did not, taken as a whole, cast a reasonable doubt as to the validity of a 55-49 win by the Teamsters, the Fifth Circuit found. Notwithstanding “unprofessional [...]

Health Law Daily
  • September 21, 2016

    In a suit by a nonprofit health care foundation against the Secretary of HHS to collect Medicare reimbursements for disproportionate share hospital (DSH) services provided more than 10 years ago, the federal district court lacked subject matter jurisdiction to hear the suit because the foundation had not yet exhausted its administrative remedies. However frustrated the foundation might have been that...

  • September 20, 2016

    A request by the HHS Secretary to delay further proceedings in a case brought by the American Hospital Association (AHA) and three hospital organizations, seeking to compel HHS to meet its congressionally mandated deadlines for reviewing Medicare claims, was denied by a D.C. district court. The Secretary requested a delay until September 30, 2017, to pursue administrative and legislative fixes...

Health Reform
  • September 23, 2016

    Many employers or their group health insurance plans offer wellness programs to promote healthier lifestyles for their employees. These employer wellness programs (EWPs) often involve medical questionnaires, health risk assessments (HRAs), and weight, cholesterol, glucose and blood pressure screenings. Some employer and group health insurance plans offer financial and other types of incentives to participating employees or to those who...

  • September 22, 2016

    A second annual report evaluating and monitoring the impact of Models 2, 3, and 4 of the Bundled Payments for Care Improvement (BPCI) initiative is available from The Lewin Group. The Lewin Group is under contract to CMS to evaluate and monitor the impact of these models for five years. The second analysis is based on the experience of Phase...

Insurance Law Daily
  • September 21, 2016

    In a suit by the Equal Employment Opportunity Commission claiming that an employer’s wellness program and related health risk assessment violated the ADA prohibition against medical exams and disability-related inquiries, the agency was denied summary judgment but the employer’s motion was granted in part. The wellness program did not fall within the ADA’s safe harbor provision for insurers, but a...

  • September 20, 2016

    An insurance agency that allegedly failed to procure a policy which would provide coverage for a professional hockey player’s injuries unsuccessfully sought to dismiss the player’s declaratory judgment action for negligence, a federal district court in Illinois ruled, finding the allegations were sufficient to support a claim for negligence ( Moje v. Federal Hockey League LLC , September 19, 2016,...

IP Law Daily
  • September 21, 2016

    The U.S. Court of Appeals for the Federal Circuit vacated a district court’s holding that ION Geophysical Corp. did not willfully infringe WesterGeco LLC’s patents because the lower court’s ruling was based on a test for enhanced damages vacated by the Supreme Court. The case was remanded for further consideration of enhanced damages ( WesternGeco LLC v. ION Geophysical Corp....

  • September 20, 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...

Products Liability Law Daily
  • September 21, 2016

    An electronics hobbyist who was diagnosed with mercury poisoning could not hold vacuum tube makers and an electronics seller liable because he did not show that mercury from the vacuum tubes was the cause of his injuries, a federal court in Pennsylvania ruled in granting summary judgment to the companies ( Inman v. General Electric Co. , September 20, 2016,...

  • September 20, 2016

    Utilizing an unprecedented proactive approach to auto regulation, the U.S. Department of Transportation (DOT) unveiled a comprehensive federal policy for automated vehicles. The four-part Federal Automated Vehicle Policy sets a framework for the safe testing and deployment of new auto technologies that promise to improve safety and mobility for Americans on the road. DOT has requested additional public comments for...

Securities Regulation Daily
  • September 21, 2016

    The SEC charged hedge fund manager Leon Cooperman with insider trading, alleging that he used his status as one of a company’s largest shareholders to gain access to senior executives and obtain confidential information, which he then traded on. The SEC also charged him with violating the beneficial ownership reporting requirements of the federal securities laws ( SEC v. Cooperman...

  • September 20, 2016

    A federal court in Manhattan has preliminarily approved a $486 million settlement to end more than 11 years of litigation against Pfizer, Inc. for alleged misrepresentations concerning the company’s anti-inflammatory drugs, Celebrex and Bextra. Judge Laura Taylor Swain of the Southern District of New York signed off on the settlement, which represents one of the largest securities class action recoveries...

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