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Antitrust Law Daily
  • June 23, 2017

    Watch importers failed to allege that affiliated Rolex companies conspired to restrain the market for Rolex watches by deliberately and unlawfully permitting U.S. Custom and Border Protection officials to detain genuine Rolex watches imported into the United States from overseas. The plaintiffs alleged that the watches were no longer entitled to gray market protection once defendant Rolex USA, which imported...

  • June 22, 2017

    Anti-merger enforcement efforts are heating up at the FTC. For the second time within a week, the agency has issued a merger challenge. The FTC is seeking to block the combination of the two largest providers of adult primary care physician services in the Bismarck, North Dakota, area, the agency  announced  today. The transaction, combining Sanford Health and Sanford Bismarck...

Banking & Finance Law Daily
  • June 23, 2017

    In the third hearing held by the Senate Banking Committee on measures that can be taken to improve economic growth, federal and state banking regulators gave their perspectives. The Committee heard testimony from Jerome H. Powell, a Governor at the Federal Reserve Board; Martin J. Gruenberg, Chairman of the Federal Deposit Insurance Corporation; J. Mark McWatters, Acting Chairman of National...

  • June 22, 2017

    Student loan borrowers are reporting that loan servicers are "mishandling" the Public Service Loan Forgiveness program, according to the Consumer Financial Protection Bureau. The CFPB has published a report on the costs to those in the public service industry when the program fails them. The bureau also updated its education  exam procedures  and unveiled the "Certify Your Service" campaign. The...

Employment Law Daily
  • June 28, 2017

    By Kathleen Kapusta, J.D. Finding that the “unique circumstances of this case illustrate that complete justice may require a district court to award nominal damages as equitable relief,” the Ninth Circuit reversed a district court order granting summary judgment on mootness grounds to Neiman Marcus on an employee’s suit alleging interference with his exercise of his [...]

  • June 28, 2017

    By Kathleen Kapusta, J.D. A litigation attorney for a state agency who was granted a temporary accommodation to work at home after undergoing a kidney transplant, but who was subsequently denied her continuing request to telecommute, failed to show she was a qualified individual under the ADA, the Fifth Circuit ruled, agreeing with the court below [...]

Health Law Daily
  • June 23, 2017

    In an appeal brought by a home health agency against HHS, the Fifth Circuit Court of Appeals affirmed the ruling of the United States District Court for the Western District of Texas, which upheld a Medicare Appeals Council’s (MAC) finding that the company auditing the agency’s records used a valid extrapolation methodology in determining an overpayment calculation of over $773,000...

  • June 22, 2017

    Senate Republicans have released a discussion draft of their health care overhaul bill. The bill—the Better Care Reconciliation Act of 2017 (H.R. 1628)—would repeal the individual and employer mandates and end the small business tax credit in 2019. The exclusion of abortion services also figured prominently in the  bill —for example, it prohibits federal Medicaid payments to states for providers...

Health Reform
  • June 27, 2017

    Although states have authority to require health insurers to cover certain benefits or to adjust cost-sharing to lower financial barriers to care, a study by the Georgetown Health Policy Institute found that only six states and the District of Columbia (DC) currently establish cost-sharing standards for specific services in individual and small-group health plans, doing so through standardized plan designs...

  • June 26, 2017

    The Office of the Actuary has prepared a memorandum which estimates that the financial effect of the American Health Care Act of 2017 (AHCA) will be to reduce federal healthcare spending by more than $328 billion over the fiscal years 2017-2026, primarily because of lower Medicaid spending. The memorandum also estimated that the number of uninsured in 2018 will be...

IP Law Daily
  • June 23, 2017

    The Director of the USPTO was entitled to an award of attorney fees after prevailing in an appeal by patentee Nantkwest from the Patent Trial and Appeal Board, the U.S. Court of Appeals for the Federal Circuit has decided. The provision in 35 U.S.C. §145 that an applicant must pay "all expenses of the proceedings regardless of the outcome" includes...

  • June 22, 2017

    Medical device company Cook Medical LLC was not entitled to an award of attorney fees incurred in its successful defense against claims that it infringed a patent for a device used to extract kidney stones, the federal district court in Indianapolis has ruled. The case was not "exceptional" for purposes of the fee-shifting provision of 35 U.S.C. §285. Although the...

Products Liability Law Daily
  • June 23, 2017

    The industrial boiler manufacturer Foster Wheeler LLC was entitled to remove a state tort action to federal court under the federal officer removal statute based on the company’s assertion that it had government-contractor immunity, a federal appellate panel ruled. The manufacturer met the removal statute’s three substantive requirements, the panel found, reversing and remanding the Maryland federal trial court’s determination...

  • June 22, 2017

    The manufacturer of a drug that caused injury to a patient had not proven by clear and convincing evidence that there was no possible cause of action against the treating physician, a federal district court in Alabama found in granting the patient to remand to state court on grounds of incomplete diversity. Despite "significant defects" in the patient’s complaint, the...

Securities Regulation Daily
  • June 23, 2017

    The Alternative Reference Rates Committee (ARRC), a group of major banks convened by the Federal Reserve to explore LIBOR alternatives, announced it has identified a broad Treasuries financing rate as best suited for use in certain new U.S. dollar derivatives and other financial contracts. The committee will  develop  implementation plans and publish a final report later this year. Need for...

  • June 22, 2017

    Whether omission of interim financial information in a solar energy company’s IPO registration statement violates the Securities Act is determined by the "total mix" of information available to the investor in the Second Circuit, not by any "extreme departure" as in the First Circuit. As the company’s peculiar business model resulted in wild quarterly fluctuations, failure to disclose the negative...

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