LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • January 09, 2017

    Foreign companies facing price fixing claims brought by the State of Washington in Washington state court have failed to convince the U.S. Supreme Court to take up their challenge to the state court’s jurisdiction. Today, the Court denied their  petition for writ of  certiorari  and let stand a July 2016  decision  of the Washington state supreme court that the state...

  • January 05, 2017

    The Department of Justice has obtained its first plea agreement from an individual in its ongoing probe of price fixing in the foreign currency exchange (FX) market. The Justice Department  announced  yesterday that Jason Katz, a dealer of Central and Eastern European, Middle Eastern, and African (CEEMEA) currencies on the New York FX desks of three successive financial institutions, has...

Banking & Finance Law Daily
  • January 09, 2017

    The Consumer Financial Protection Bureau has entered into a consent order with two medical debt collection law firms and their president for alleged violations of the Fair Debt Collections Practices Act and the Fair Credit Reporting Act. In its  consent order , the CFPB found that, between January 2012 and August 2016, the firms’ standard practices implied lawyers were reviewing...

  • January 05, 2017

    The Consumer Financial Protection Bureau has released a report that takes a closer look at complaints from older borrowers about their student loan debt. The CFPB’s  Snapshot of Older Consumers and Student Loan Debt  noted that, in the last decade, the number of older student loan borrowers has quadrupled and the amount of debt per older borrower has roughly doubled,...

Employment Law Daily
  • January 16, 2017

    By Pamela Wolf, J.D. The Supreme Court agreed January 13 to take up the question of whether class and collective action waivers in employment arbitration agreements violate the National Labor Relations Act and whether the Federal Arbitration Act nonetheless trumps the NLRA. In doing so, the Justices will resolve the split caused by contrary answers to [...]

  • January 16, 2017

    By Ronald Miller, J.D. An employee’s attempt to establish that an employer violated the False Claims Act by submitting false or fraudulent claims for payment under an implied false certification theory of liability failed as a matter of law, ruled the Ninth Circuit in affirming a district court’s grant of summary judgment. Applying the Supreme Court’s [...]

Health Law Daily
  • January 09, 2017

    President Obama criticized Congressional Republicans’ plans to "repeal first and replace later," calling their intention to repeal the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) without first creating a replacement plan "irresponsible." In a New England Journal of Medicine  perspective  piece, Obama took pen to paper for the second time in six months to publicize the benefits of...

  • January 05, 2017

    Ceiling prices and civil monetary penalty (CMP) authority for the 340B drug-pricing program are set out in an HHS Final rule and Notice. The Final rule sets the calculation of 340B ceiling prices and the resulting application of CMPs for violations of the ceiling prices. The Notice delegates to the HHS Office of Inspector General the HHS Secretary’s authority to...

Health Reform
  • January 11, 2017

    An action against a group health plan whose terms violated both ERISA and ACA was properly dismissed under Article III of the Constitution due to lack of constitutional standing by the participants, a federal Appeals Court has ruled. The mere fact that the participants paid money into a non-compliant plan did not satisfy the injury-in-fact requirement of constitutional harm necessary...

  • January 09, 2017

    The Senate took initial steps towards repeal of the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) with its release of a budget containing reconciliation instructions, which could serve as the foundation for the passage of future health legislation through the  budget  reconciliation process. The technique is designed to allow Senate Republicans to pass legislation with a simple majority,...

IP Law Daily
  • January 09, 2017

    Automobile maker Volkswagen Group of America, Inc., and auto parts company ZF Sachs AG did not infringe patents related to vehicular tilt control apparatuses, the U.S. Court of Appeals for the Federal Circuit has ruled. The appellate court affirmed the district court’s claim constructions and its decision that two of the patent claims were invalid as indefinite ( Cloud Farm...

  • January 06, 2017

    By continuing to litigate a patent infringement dispute after the parties settled all claims, a patent holder was properly sanctioned by a district court for his vexatious conduct, the U.S. Court of Appeals for the Federal Circuit has held. An order awarding the defendants $20,500 in attorney fees and costs was affirmed. In addition, the patent holder’s appeal of the...

Products Liability Law Daily
  • January 09, 2017

    A woman whose property had been damaged when an allegedly defective Ford motor vehicle spontaneously combusted in her garage but whose products liability lawsuit in Georgia was automatically dismissed after five years elapsed without court action is asking the U.S. Supreme Court to consider whether that state’s automatic dismissal statutes deprive litigants of their constitutional due process protections ( Johnson...

  • January 06, 2017

    Takata Corporation has issued three more recalls affecting approximately 5,700,000 PSPI, PSPI-1.1, PSPI-2, PSPI-6, PSPI-L, and SPI air bag inflators assembled as part of the frontal air bag modules, and used as original equipment or replacement equipment, such as after a vehicle crash necessitating replacement of the original air bags, after determining that these inflators also could rupture due to...

Securities Regulation Daily
  • January 11, 2017

    A complaint alleging that a Chinese online retailer failed to disclose that it planned to exit a marketplace has been dismissed by the district court sitting in Manhattan. The complaint claimed that the company's IPO registration statement contained false statements because of the failure to disclose. The court found that the complaint failed to plead any actionable misrepresentation or any...

  • January 09, 2017

    A motion by mutual fund companies for an interlocutory appeal on whether mutual fund document misrepresentations affected the funds’ net asset value was denied by a federal court in New York. Although the court acknowledged that in the mutual fund context this was a case of first impression for the Second Circuit and there was conflict among district courts, the...

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