LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • February 16, 2017

    FTC Acting Chairman Maureen K. Ohlhausen announced the appointment of Abbott (Tad) Lipsky, to be the Acting Director of the FTC’s Bureau of Competition. Lipsky has over 40 years of antitrust law experience, most recently as a partner at Latham & Watkins LLP. Effective March 6, Lipsky will replace Deborah Feinstein, according to the  announcement . Lipsky started his legal...

  • February 15, 2017

    Image Media Advertising, Inc. and the Village of Bellwood, Illinois, were granted dismissal of First Amendment and Sherman Act claims by the federal district court in Chicago. Paramount Media Group, Inc. was unable to establish standing to assert claims that Bellwood’s outdoor sign ordinance violated the First Amendment. The court noted that, even if Paramount had standing, the sign ordinances...

Banking & Finance Law Daily
  • February 16, 2017

    The U.S. Court of Appeals for the District of Columbia Circuit has  granted  the Consumer Financial Protection Bureau’s request for a full-court rehearing of  PHH Corp. v. CFPB , in which a majority of a three-judge panel decided that constitutional separation of powers principles prevents the Dodd-Frank Act’s organization of the CFPB. According to the  panel decision , it is...

  • February 15, 2017

    Federal Reserve Board Chair Janet L. Yellen appeared before a full hearing of the Senate Committee on Banking, Housing, and Urban Affairs to present her semi-annual report on the nation’s economic situation and outlook. In this mandated “Humphrey-Hawkins” testimony, she presented and discussed the Fed’s semiannual Monetary Policy Report . According to Yellen’s testimony , the economy has continued to...

Employment Law Daily
  • February 22, 2017

    By Ronald Miller, J.D. A FedEx contractor failed to state a claim for breach of contract or fraud after the package delivery company terminated his service contract and refused to provide damages stemming from his inability to assign the rights to his service area beyond the remaining term of his Independent Service Provider (ISP) agreement, ruled [...]

  • February 22, 2017

    By Pamela Wolf, J.D. The Republican-dominated Iowa Legislature, in a fast-tracked maneuver, passed a bill on February 16 that would drastically rein in public employee unions and curb collective bargaining rights of public employees. The measure was introduced in the Senate on February 7 and in the House on February 9. Just over a week later, [...]

Health Law Daily
  • February 16, 2017

    Seema Verma, President Donald Trump’s nominee for CMS Administrator, appeared before the Senate Finance Committee for her confirmation hearing this morning. Sens. Orrin Hatch (R-Utah) and Ron Wyden (D-Ore) opened the hearing with their  prepared  statements. Hatch emphasized the need for imminent health reform, with a focus on Medicaid program growth and solvency concerns about the Medicare trust funds. While...

  • February 15, 2017

    The HHS Office of Inspector General (OIG) conducted a series of reviews of claims submitted for Medicaid reimbursement by the New York State Department of Health (NYSDH) for dental services billed by two dentists and determined that in both practices, non-compliance issues resulted in unallowable reimbursements totaling $166,000. In both cases, one involving a Westchester County dentist and the other...

Health Reform
  • February 21, 2017

    Small businesses are not forgotten entities during Congress’s quest to repeal and replace the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148). In a hearing entitled  Reimagining the Health Care Marketplace for America’s Small Businesses , the U.S. House of Representatives Committee on Small Business sought  testimony  from representatives of three business groups and one researcher in order to...

  • February 20, 2017

    A number of insurers have filed lawsuits against the federal government seeking money owed under the temporary risk corridors program, created by the Patient Protection and Affordable Care Act (ACA) ( P.L. 111-148 ) to protect against uncertainty in claims costs during the first three years of the health insurance marketplace. In one such case filed by Moda Health Plan,...

IP Law Daily
  • February 16, 2017

    The federal district court in Milwaukee did not err in preliminarily enjoining The Toro Company and Exmark Manufacturing Co., Inc., from manufacturing and selling riding lawn mowers that likely infringe a patented platform suspension system developed by competitor Scag Power Equipment, according to the U.S. Court of Appeals for the Federal Circuit. The record supported the finding that the accused...

  • February 15, 2017

    Personal jurisdiction over German non-practicing entity Papst Licensing GmbH & Co. KG was proper in California, and a federal district court in San Jose should not have dismissed an action brought against Papst by Xilinx, Inc., seeking a declaratory judgment of noninfringement of two Papst patents related to electronics memory tests, the U.S. Court of Appeals for the Federal Circuit...

Products Liability Law Daily
  • February 16, 2017

    In wrongful death action, the trial court properly refused to instruct the jury on the sophisticated intermediary defense because there was no evidence of any dealings between the asbestos product manufacturer and the employer that would justify that instruction, a California court of appeal ruled in an unpublished decision, affirming a jury award of $1.496 million in compensatory damages. In...

  • February 15, 2017

    Nine 2014 Chevrolet Cruze owners may bring a putative class action alleging deceptive advertising, breach of contract, and fraudulent concealment claims under the laws of 30 states against General Motors for installing a "defeat device" to enable the diesel-fueled cars to pass emissions tests even though they produce significantly higher emissions in real-world driving, a federal district court in Michigan...

Securities Regulation Daily
  • February 16, 2017

    The full D.C. Circuit will rehear Raymond J. Lucia Companies, Inc.’s case challenging the constitutionality of the SEC’s administrative law judges. The court vacated its earlier decision in the case and has asked the parties to brief the Appointments Clause issue and to address the validity of its  Landry  circuit precedent, which held that the FDIC’s ALJs were employees, not...

  • February 15, 2017

    In a presentation to the SEC’s Advisory Committee on Small and Emerging Companies, the chair and the vice-chair of the American Bar Association’s State Regulation of Securities Committee suggested different options to address the lack of secondary market liquidity for Regulation A Tier 2 and non-exchange listed companies. Vice-Chair Richard Alvarez said that secondary market liquidity will never be fully...

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