LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • November 30, 2016

    The Senate this week approved by unanimous consent legislation (H.R. 5111) to ban the use of "gag clauses" in non-negotiable form contracts. The "Consumer Review Fairness Act of 2016," introduced by Representatives Leonard Lance (D.—N.J.) and Joseph Kennedy III (D., Mass.) in April of this year, passed the House on September 12. The  bill  now goes to President Obama, who...

  • November 29, 2016

    The FTC and the Department of Justice Antitrust Division have filed a comment with the U.S. Federal Energy Regulatory Commission (FERC) regarding market power in wholesale electricity markets, the  FTC  and  Department of Justice  have announced. The agencies’  comment  responds to FERC’s request for comments on how it assesses market power with respect to mergers and electricity sales at market-based...

Banking & Finance Law Daily
  • November 30, 2016

    In remarks before The Clearing House Annual Conference in New York City, Comptroller of the Currency Thomas J. Curry noted that he was "often disappointed how quickly some forget the lessons of more recent events, particularly what brought the financial system to the cliff in 2008 and what has put our banks and our economy on much firmer ground since."...

  • November 29, 2016

    The Consumer Financial Protection Bureau is warning supervised financial companies that creating incentives for employees and service providers to meet sales and other business goals can lead to consumer harm if not properly managed. Tying bonuses or employment status to unrealistic sales goals or to the terms of transactions may intentionally or unintentionally encourage illegal practices such as unauthorized account...

Employment Law Daily
Health Law Daily
  • November 30, 2016

    Entities receiving an email on HHS Departmental letterhead under the signature of the HHS Office for Civil Rights (OCR) Director Jocelyn Samuels were alerted that the letter could possibly be part of a phishing expedition to breach data systems. The email  appears  to be an official government communication and targets employees of HIPAA covered entities and their business associates (BA)....

  • November 29, 2016

    President-elect Donald Trump (R) will nominate Rep. Tom Price (R-Ga) to be HHS Secretary and Seema Verma, who helped craft Indiana's conservative Medicaid expansion, to lead CMS. In nominating Price, President-elect Trump is  taking action  to carry out his campaign promises of repealing or dismantling parts of the Patient Protection and Affordable Care Act (ACA) ( P.L. 111-148 ).  Price...

Health Reform
  • December 02, 2016

    President-elect Donald Trump (R) will nominate Rep. Tom Price (R-Ga) to be HHS Secretary and Seema Verma, who helped craft Indiana's conservative Medicaid expansion, to lead CMS. In nominating Price, President-elect Trump is  taking action  to carry out his campaign promises of repealing or dismantling parts of the Patient Protection and Affordable Care Act (ACA) ( P.L. 111-148 ).  Price...

  • December 01, 2016

    CMS issued related Final and Proposed rules addressing eligibility notices and fair hearing and appeal processes for Medicaid and other provisions related to eligibility and enrollment for Medicaid and Children’s Health Insurance Program (CHIP), implementing provisions of the Patient Protection and Affordable Care Act (ACA) ( P.L. 111-148 ) and the Health Care and Education Reconciliation Act (HCERA) ( P.L....

Insurance Law Daily
  • November 30, 2016

    A commercial general liability insurer had a duty to defend a contractor in a suit alleging that the insured’s negligent installation of a fireplace resulted in a house fire, a California appellate court ruled. Although the fire had occurred after the policy period expired, there was a possibility that it had resulted from ongoing damage to the wood in the...

  • November 29, 2016

    Arch Insurance Co. had a duty to defend a shipyard and a pair of contractors in lawsuits alleging that the insureds’ negligent sandblasting activities exposed neighboring landowners to silica, sand, and other hazardous substances, a federal court in Louisiana ruled. The insurer failed to establish that all of the underlying claims fell within the policies’ "health hazard," silica, or pollution...

IP Law Daily
  • November 30, 2016

    The federal district court in New York City vacated its previous order dismissing a patent suit filed by TNS Media Research, LLC against TiVo Research and Analytics, Inc. In the previous ruling concerning whether TNS infringed TiVo’s patents, the court held that the patents-in-suit were invalid as directed to the abstract idea of data collection. However, having reviewed relevant Federal...

  • November 29, 2016

    All claims of three patents related to methods of generating interactive menus for mobile device users placing orders with restaurants, hotels, and other sellers were ineligible for patent protection under 35 U.S.C. §101 because they were directed to abstract ideas, the U.S. Court of Appeals for the Federal Circuit has held. The court affirmed findings by the Patent Trial and...

Products Liability Law Daily
  • November 30, 2016

    Stanley Security Solutions Taiwan, Ltd., of Taiwan, has recalled around 70,000 door locksets because the latches can fail and the door cannot be unlocked from the inside, posing an entrapment risk. This failure could lead to the inability to vacate a location in an emergency ( CPSC Recall Notice , No. 17-038, November 29, 2016). Incidents and injuries.  The firm...

  • November 29, 2016

    Because a former automobile dealership worker and his wife, who claimed that the worker developed mesothelioma as a result of his exposure to asbestos-containing brake products while working at the dealership, presented sufficient evidence to satisfy the "frequency, regularity, and proximity" causation test, and their expert on asbestos-related diseases provided competent medical testimony establishing substantial factor causation, the Pennsylvania Supreme...

Securities Regulation Daily
  • November 30, 2016

    In remarks on the Foreign Corrupt Practices Act, Deputy Attorney General Sally Yates addressed the role and responsibility of individuals in corruption. The DOJ is focusing more concretely on individuals and doing so earlier on in investigations and, to deter wrongdoing, she explained that enforcement officials must change the risk/reward balance for those making the ultimate decision to engage in...

  • November 29, 2016

    A petition for certiorari has been filed asking the Supreme Court to look into the prerequisites for pleading loss causation. The petitioner takes issue with the Eleventh Circuit's rules for pleading loss causation and notes a circuit split regarding pleading loss causation based on the disclosure of a government investigation or based on reports analyzing information that is already in...

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