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Antitrust Law Daily
  • June 21, 2017

    In a major victory for the Department of Justice Antitrust Division, the federal district court in Wilmington, Delaware, has blocked EnergySolutions’ $367 million acquisition of rival Waste Control Specialists. In November 2016, the Antitrust Division challenged the deal, contending that the planned combination of two of the most significant competitors for the disposal of low level radioactive waste (LLRW) was...

  • June 20, 2017

    A Texas regulation that prohibited dentists from advertising as specialists in areas that the American Dental Association had not recognized as specialties violated the First Amendment right to engage in commercial speech. Thus, an order enjoining enforcement of the provision was affirmed by the U.S. Court of Appeals in New Orleans ( American Academy of Implant Dentistry v. Parker ,...

Banking & Finance Law Daily
  • June 21, 2017

    An effort by attorneys general from four states to claim $15 million left over after consumer redress payments required by the Consumer Financial Protection Bureau’s settlement with Sprint Corporation has been rejected by a U.S. district judge. The judge allowed the officials to intervene in the suit, but he said there was no basis to modify the settlement and redirect...

  • June 20, 2017

    The 2017 American Bankers Association Regulatory Compliance Convention centered around the possible effects of the new Trump administration on the current regulatory environment. The conference provided a host of sessions on all areas of banking compliance, as usual, but in the context of the changes that might be expected as the administration moves forward. Regulatory panel.  Surprisingly, the standard town...

Employment Law Daily
  • June 26, 2017

    Hacking/phishing/malware/ransomware is the area of greatest concern for general counsel when it comes to privacy and data security, according to the inaugural General Counsel Up-at-Night report published by ALM Intelligence and Morrison & Foerster. “The role of the general counsel has undeniably changed in recent years, both in terms of scope and importance within the [...]

  • June 26, 2017

    By Kathleen Kapusta, J.D. In a case the concurrence called “a mess” that “has gone on far too long,” the Seventh Circuit affirmed the decision of the court below granting Rule 23 class certification for Wisconsin opt-ins at four Waupaca foundries located within that state and partially granting the defendant’s motion to decertify the FLSA class [...]

Health Law Daily
  • June 21, 2017

    Small physician practices will get greater flexibility—including the virtual practice and facility-based measurement options and a much higher low-volume threshold—under major changes proposed by CMS for calendar year 2018 of the Quality Payment Program (QPP), which was created under the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) ( P.L. 114-10 ). The  Proposed rule  will publish in the ...

  • June 20, 2017

    California courts lack specific jurisdiction to entertain product liability claims against the manufacturer of the blood-thinning drug Plavix® by plaintiffs allegedly harmed by the drug who are not residents of that state, the United States Supreme Court ruled today, reversing a decision of that state’s highest court that would have allowed claims against the drug maker by hundreds of non-Californians...

Health Reform
  • June 23, 2017

    What is the goal of the Medicaid program? Is it to improve access to health care coverage and health care for low-income population? If the answer is yes, why do many states impose cost sharing and premium requirements on Medicaid beneficiaries? On their face, cost sharing and premium requirements seem to run counter to a goal of improving access and...

  • June 22, 2017

    An association of chiropractors and one of its members were barred from bringing a private action alleging discrimination by health plans under Section 2706 of the Patient Protection and Affordable Care Act (ACA) ( P.L.111-148 ) when a federal district court in New Jersey held that the section does not provide a private remedy either by express language or by...

IP Law Daily
  • June 21, 2017

    In a priority contest involving two inventors of a hepatitis C prodrug, the Patent Trial and Appeal Board correctly awarded priority to one inventor after withdrawing the provisional filing date of the other inventor due to a lack of enablement, the U.S. Court of Appeals for the Federal Circuit has ruled. Substantial evidence supported the Board’s finding that a high...

  • June 20, 2017

    In parallel lawsuits that Technology Development and Licensing brought against Comcast, Dish Network, and Echostar, two claims of U.S. Patent RE 35,952 (titled "Television Receiver Having Memory Control for Tune-By-Label Feature") were drawn to an abstract idea that lacked an inventive concept, the federal district court in Chicago has decided. Motions for judgment on the pleadings, filed by Comcast, Dish...

Products Liability Law Daily
  • June 21, 2017

    > The widow of a deceased smoker whose $55-million punitive damages verdict was overturned by a Florida appellate court on the ground that her counsel’s arguments that the tobacco companies engaged in "reprehensible" conduct violated their right to a fair trial has asked the U.S. Supreme Court to review the decision, asserting that the appeals court’s ruling was inconsistent with...

  • June 20, 2017

    Kawasaki Motors Corp. U.S.A., of Foothill Ranch, California, has recalled around 6,600 utility vehicles, recreational off-highway vehicles, and all-terrain vehicles because the fuel gauge retainer can collapse and leak fuel, posing a fire hazard ( CPSC Recall Notice , No. 17-751, June 20, 2017). Incidents and injuries.  No incidents or injuries have been reported. Product description.  This recall involves 2017...

Securities Regulation Daily
  • June 21, 2017

    A district court concluded that a company's assurances about conflicts of interest were material misrepresentations. The action arose out of Ocwen Financial Corporation's transactions with parties in which Ocwen's chairman had a significant stake. Ocwen said that it had policies in place to prevent conflicts of interest when dealing with the related parties and that the chairman would recuse himself...

  • June 20, 2017

    At the conclusion of the CFTC’s Market Risk Advisory Committee (MRAC) meeting, Commissioner Sharon Bowen announced that she will be leaving the CFTC within the next few months or perhaps sooner if another nominee is confirmed. Bowen cited the prolonged absence of having a fully staffed and functioning Commission as being key factors in her decision to leave. "[S]ince the...

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