Antitrust Law Daily
  • October 17, 2016

    Penn State Hershey Medical Center and Pinnacle Health Systems have called off plans to merge. The decision comes on the heels of a decision of the U.S. Court of Appeals in Philadelphia, which ordered a district court to enter a preliminary injunction that would prohibit the two hospital systems from taking any steps to consummate the proposed deal, pending the...

  • October 14, 2016

    An Israeli executive has been extradited from Bulgaria and arraigned on charges arising from his participation in multiple schemes to defraud the U.S. Foreign Military Financing program (FMF), the Department of Justice announced  today ( U.S. v. Marshak , Dkt. 3:16-cr-00011-AWT). According to a five-count  indictment  filed in the federal district in Hartford, Connecticut, Yuval Marshak, a former owner and...

Banking & Finance Law Daily
  • October 17, 2016

    The U.S. Court of Appeals for the District of Columbia Circuit’s decision that the Consumer Financial Protection Bureau’s single-director structure is unconstitutional for an independent agency has been brought up as the basis for a motion to dismiss another case involving the bureau. The CFPB has alleged that Intercept Corporation, a payment processing servicer located in Fargo, N.D., engaged in...

  • October 14, 2016

    Not only have Integrity Advance, LLC, an online lender, and its CEO, James R. Carnes, appealed a recent decision by an administrative law judge recommending more than $38 million be paid in restitution to consumers who were allegedly deceived by the costs associated with the company’s short-term loans, the Consumer Financial Protection Bureau has appealed portions of the judge’s recommended...

Employment Law Daily
  • October 21, 2016

    The EEOC announced that it has approved an updated Strategic Enforcement Plan (SEP) for Fiscal Years 2017-2021, reaffirming the agency’s commitment to efforts that have strategic impact in advancing equal opportunity in America’s workplaces. The updated SEP generally continues the Commission’s focus on priority areas identified earlier with some modification. The updated plan adds two [...]

  • October 21, 2016

    By Dave Strausfeld, J.D. Tribal sovereign immunity barred the federal age discrimination claim of an employee of a Native American tribal government health department, held the Eleventh Circuit, affirming dismissal of her claim for lack of subject matter jurisdiction. Nothing in the ADEA unequivocally indicated Congress intended to abrogate tribal sovereign immunity. The fact that Congress [...]

Health Law Daily
  • October 17, 2016

    Didactic time for medical and dental residents (conferences and seminars, case presentations, literature reviews, etc.) should not be included in the indirect medical education (IME) payment that Medicare makes to teaching hospitals to compensate them for the extra costs associated with teaching programs. In partially reversing a decision by the Provider Reimbursement Review Board (PRRB), the CMS Administrator reiterated that...

  • October 14, 2016

    2017 will be a "transition year" for the Quality Payment Program (QPP) with special policies designed to test category alignment, according to a Final rule with comment period implementing the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) ( P.L. 114-10 ). The rule includes significant changes from the Proposed rule based on nearly 4,000  public comments  the agency...

Health Reform
  • October 19, 2016

    The ERISA Industry Committee (ERIC) has submitted comments to the IRS on proposed regulations regarding reporting requirements for large employers that offer group health plans to employees and their families. The proposed regulations govern how large employers must demonstrate to the IRS that they offer affordable health insurance to employees, or else employers must pay steep fines levied under the Affordable Care Act (ACA). Among other things, the...

  • October 18, 2016

    Marketplace consumers in Maine, Ohio, Tennessee, and Texas will be able to view and compare network breadthinformation for three categories of providers during the 2017 open enrollment period. As part of a pilot project intended to help CMS understand how consumers make use of information on the breadth of provider networks at the county level when choosing health insurance plans, consumers in the individual market will be able to compare networks for adult primary care providers,...

Insurance Law Daily
  • October 17, 2016

    The property insurer for a company whose commercial building allegedly sustained damage due to the character of the backfill in the soil around and under the property was not entitled to summary judgment in a coverage dispute that followed the insurer’s denial of the company’s insurance claim, an Illinois federal court ruled. At issue in the dispute was the word...

  • October 14, 2016

    The commercial general liability insurer for a subcontractor on a building remodeling project had no duty to defend or indemnify the contracting company with respect to underlying claims against the contractor arising from the electrocution death of a subcontractor employee. The policy at issue provided coverage for additional insureds but not with respect to those parties’ independent acts or omissions,...

IP Law Daily
  • October 17, 2016

    The federal district court in San Francisco did not err in holding that the claims of three related Synposys EDA chip design patents asserted against Mentor Graphics were invalid under 35 U.S.C. § 101 because they were directed to a patent-ineligible abstract mental process of translating a functional description of a logic circuit into a hardware component description of the...

  • October 14, 2016

    A federal district court’s narrow construction of the claim term "short seal" in Poly-America’s patent for plastic drawstring trash bags was proper because the patentee had clearly disavowed claim scope in the specification and during prosecution, the U.S. Court of Appeals for the Federal Circuit has decided. Judgment in favor of competitor API Industries was affirmed because API’s accused disposable...

Products Liability Law Daily
  • October 17, 2016

    The U.S. Department of Transportation (DOT), with the Federal Aviation Administration (FAA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA), have issued an emergency order banning all Samsung Galaxy Note7 smartphones from air transportation in the United States, according to a  DOT press release . The ban, which took effect at noon ET on Saturday, October 15, 2016, includes...

  • October 14, 2016

    Honda has recalled around 350,083 model year 2016 Honda Civic two door and four door 1.5L turbo and 2.0L vehicles because the electric parking brake (EPB) may not engage if it is applied immediately after turning the ignition off. The company cautions that if the EPB is not applied, the vehicle may roll away, increasing the risk of a crash...

Securities Regulation Daily
  • October 17, 2016

    An energy services provider will pay $1 million to settle SEC charges that it and four of its executives engaged in accounting fraud in connection with the company recognizing revenue earlier than allowed in order to meet internal targets. The settlement comes as the SEC charged Lime Energy Co. with improperly recognizing $20 million in revenue from 2010 to 2012...

  • October 13, 2016

    The SEC has approved three sets of final rules and form amendments affecting investment companies’ reporting and operations. The Commission unanimously authorized changes to require mutual funds and other open-end management investment companies to adopt liquidity risk management programs, but, in the meeting , Commissioner Michael Piwowar declined to support a rule permitting funds to use swing pricing in connection...

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Britain Alone! The Implications and Consequences of United Kingdom Exit from the EU
Drunk Driving Defense, Eighth Edition
The Law of Unmanned Aircraft Systems
Securing Private Communications
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