LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • December 01, 2016

    Alleged purchasers of physical aluminum lacked antitrust standing to pursue claims that aluminum futures traders and warehouse operators conspired to restrain aluminum traded by way of London Metal Exchange (LME) warrants, because none of the plaintiffs competed in the aluminum warehouse servicing or warrant trading markets. Alleged purchases of physical aluminum, even at inflated prices, did not change the fact...

  • 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...

Banking & Finance Law Daily
  • December 01, 2016

    President-elect Donald Trump’s nomination of Steven Mnuchin as Treasury Secretary has stirred criticism from Congressional Democrats, trade associations, and activist groups. Most criticism focused on Trump’s campaign promises to reform the power in Washington and Mnuchin’s Wall Street background. If confirmed, Mnuchin will be heavily involved in implementing administration plans for economic growth (see  Banking and 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."...

Employment Law Daily
  • December 8, 2016

    This week, Division One college football set its playoff schedule, and basketball is already in full swing. College sports generate significant revenue for their schools and big-time college coaches enjoy lucrative financial packages. But what do student athletes get out of the deal? The NCAA has been criticized from a number of quarters about the [...]

  • December 8, 2016

    By Dave Strausfeld, J.D. In a suit alleging they were misclassified as independent contractors, FedEx delivery drivers relied on a recent New York statute that was passed expressly to force package delivery companies to classify delivery truck drivers as employees. FedEx argued that the Commercial Goods Transportation Industry Fair Play Act, which went into effect in [...]

Health Law Daily
  • December 01, 2016

    The House passed the 21st Century Cures Act (Cures Act) on a 392-26 vote nearly three years after it was first introduced. The bipartisan legislation would primarily expedite FDA approval of new drugs via $500 million in funds to hire more staff to review drug applications, but includes a slew of provisions intended to benefit various sectors of health care...

  • 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)....

Health Reform
  • December 05, 2016

    Rising drug prices have been a hot topic lately, and state Medicaid programs are not immune to the effects of rising cost. Programs have some tactics in their arsenal to control drug spending, such as preferred drug lists and prior authorizations, but these methods may not be enough to handle increases. Pricing unpredictability and the inability to accurately budget for...

  • 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...

Insurance Law Daily
  • December 01, 2016

    The concurrent cause doctrine is the appropriate theory of recovery to apply when independent perils converge to cause a loss and no single cause can be considered the sole or proximate cause, Florida’s highest court held, reversing the lower court. In so ruling, the state high court determined that an all-risk homeowners insurance policy did not preclude recovery for water...

  • 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...

IP Law Daily
  • December 02, 2016

    The Patent Trial and Appeal Board correctly determined that claims in two patents for microscope slide staining devices were invalid in light of prior art, the U.S. Court of Appeals for the Federal Circuit has held. In two  inter partes  reexaminations, Leica Biosystems Melbourne Party Ltd. challenged claims of U.S. Patent No. 7,217,392 ("the ’392 patent") and a continuation of...

  • December 01, 2016

    Patent assertion entity CTP Innovations lacked standing to sue 25 publishers that allegedly infringed two printing patents that CTP purportedly owned by assignment, the federal district court in Baltimore has ruled. Because an assignment of the patents from Banta Corp. to R.R. Donnelley & Sons " nunc pro tunc " did not validate prior purported transfers from R.R. Donnelley to...

Products Liability Law Daily
  • December 02, 2016

    Plaintiffs in six cases in multidistrict litigation against DePuy Orthopaedics and Johnson & Johnson over the Pinnacle hip implant have been awarded more than $1 billion in compensatory and punitive damages by a federal jury in Texas after requiring revision surgery to replace their implants ( In re: DePuy Orthopaedics, Inc. Pinnacle Implant Products Liability Litigation , December 1, 2016,...

  • December 01, 2016

    An $18.5 million judgment against R.J. Reynolds in favor of the daughter of a smoker who died of lung cancer was vacated and remanded by a Florida appellate court to grant the company’s motion for remittur or a new trial on damages only. The compensatory portion of the award was excessive for an adult child who was not dependent upon...

Securities Regulation Daily
  • December 02, 2016

    The CFTC has unanimously approved proposed rules establishing minimum capital requirements for swap dealers (SDs) and major swap participants (MSPs). The rules, called for by the Dodd-Frank Act enacted in 2010, were long in coming. With margin requirements becoming finalized and implemented over the past few years, the Commission is now taking this opportunity to  move the rulemaking process forward...

  • December 01, 2016

    The court dismissed a shareholder derivative action against a home improvement retail giant for failure to meet heightened pleading requirements in relation to corporate mismanagement of its information technology that led to a customer data breach costing the company an estimated $1 billion ( In re The Home Depot, Inc. , November 30, 2016, Thrash, T.). Background.  The Home Depot...

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