LATEST NEWS BY PRACTICE AREA
Antitrust Law Daily
  • September 19, 2016

    A decades-old consent decree, which defined Broadcast Music, Inc.’s (BMI’s) repertory as "those compositions, the right of public performance of which [BMI] has…the right to license or sublicense," did not require full-work licensing—a blanket license from BMI that would allow music users to publicly perform, without risk of copyright infringement liability, all works in BMI’s repertory. The federal district court...

  • September 16, 2016

    A proposed final judgment intended to resolve Department of Justice Antitrust Division concerns over a merger’s impact on competition in the U.S. media contact database market has been approved by the federal district court in Washington, D.C. The settlement resolved a complaint filed in June, alleging that the proposed acquisition of UBM plc’s PR Newswire business by private equity firm...

Banking & Finance Law Daily
  • September 19, 2016

    House Financial Services Committee Chair Jeb Hensarling (R-Texas) has begun a committee investigation into alleged fraudulent practices by Wells Fargo Bank, N.A. that resulted in enforcement actions by the Consumer Financial Protection Bureau and Office of the Comptroller of the Currency (see Banking and Finance Law Daily , Sept. 8, 2016). The committee will investigate not only Wells Fargo’s practice...

  • September 16, 2016

    The Consumer Financial Protection Bureau has released a revised statement on the "Methodology for Determining Average Prime Offer Rates." According to the CFPB’s notice, the revised statement will now be used to calculate average prime offer rates (APORs). The CFPB removed from the methodology statement the references to the sources of survey data used to calculate average prime offer rates....

Employment Law Daily
  • September 23, 2016

    The OFCCP’s process in selecting federal contractors for compliance evaluations, the agency’s primary tool for enforcement, is not designed to focus on contractors with the greatest risk of noncompliance, the U.S. Government Accountability Office (GAO) has concluded in a report that identifies multiple deficiencies in the OFCCP’s enforcement efforts. In the September 22, 2016 report, [...]

  • September 23, 2016

    By Lorene D. Park, J.D. Affirming Rule 23 class certification in a dispute over whether Jani-King franchisees should have been classified as “employees” rather than independent contractors under Pennsylvania wage and hour law, the Third Circuit found that Rule 23’s commonality and predominance requirements were met because the misclassification dispute could be resolved by common evidence, [...]

Health Law Daily
  • September 20, 2016

    A request by the HHS Secretary to delay further proceedings in a case brought by the American Hospital Association (AHA) and three hospital organizations, seeking to compel HHS to meet its congressionally mandated deadlines for reviewing Medicare claims, was denied by a D.C. district court. The Secretary requested a delay until September 30, 2017, to pursue administrative and legislative fixes...

  • September 19, 2016

    In an effort to make information about clinical trials widely available to the public, HHS issued an Advance Release of a Final rule that specifies requirements for registering certain clinical trials and submitting summary results information to ClinicalTrials.gov , which is operated by the National Library of Medicine (NLM) of the National Institutes of Health (NIH). The Final rule expands...

Health Reform
  • September 22, 2016

    A second annual report evaluating and monitoring the impact of Models 2, 3, and 4 of the Bundled Payments for Care Improvement (BPCI) initiative is available from The Lewin Group. The Lewin Group is under contract to CMS to evaluate and monitor the impact of these models for five years. The second analysis is based on the experience of Phase...

  • September 21, 2016

    Section 1557 of the Patient Protection and Affordable Care Act (ACA) is an attempt to remedy the "piecemeal statutory landscape" of remedies available to individuals who are discriminated against by recipients of federal health care funding. In a Health Care Compliance Association webinar titled "Nondiscrimination Under the Section 1557 of the ACA: Healthcare Compliance, Risk, and Litigation," Drew Stevens ,...

Insurance Law Daily
  • September 20, 2016

    An insurance agency that allegedly failed to procure a policy which would provide coverage for a professional hockey player’s injuries unsuccessfully sought to dismiss the player’s declaratory judgment action for negligence, a federal district court in Illinois ruled, finding the allegations were sufficient to support a claim for negligence ( Moje v. Federal Hockey League LLC , September 19, 2016,...

  • September 19, 2016

    The federal district court in East St. Louis certified a proposed class in a putative class action which alleged that State Farm Mutual Automobile Insurance Company, along with two individuals, violated the Racketeer Influenced and Corrupt Organizations Act (RICO) by concealing their involvement in the election of an Illinois Supreme Court justice who voted to overturn a $1.05 billion judgment...

IP Law Daily
  • September 20, 2016

    A decades-old consent decree, which defined Broadcast Music, Inc.’s (BMI’s) repertory as "those compositions, the right of public performance of which [BMI] has…the right to license or sublicense," did not require full-work licensing—a blanket license from BMI that would allow music users to publicly perform, without risk of copyright infringement liability, all works in BMI’s repertory. The federal district court...

  • September 19, 2016

    Gym Door Repairs, Inc. (GDRI) and Safepath Systems LLC (SPS) stated, in part, copyright and trademark infringement claims against nineteen defendants that allegedly illegally inspected, maintained, or repaired safety systems for SPS’s electrically operated folding partitions, according to the federal district court in New York City. The court dismissed patent infringement claims against all defendants. Civil conspiracy and tortious interference...

Products Liability Law Daily
  • September 20, 2016

    Utilizing an unprecedented proactive approach to auto regulation, the U.S. Department of Transportation (DOT) unveiled a comprehensive federal policy for automated vehicles. The four-part Federal Automated Vehicle Policy sets a framework for the safe testing and deployment of new auto technologies that promise to improve safety and mobility for Americans on the road. DOT has requested additional public comments for...

  • September 19, 2016

    Arguing that the split in the federal appellate circuits over the applicable standard governing aircraft products liability cases should be resolved, the manufacturer of an aircraft engine installed on a small plane that crashed and killed the pilot is asking the U.S. Supreme Court to review a decision by the U.S. Court of Appeals for the Third Circuit holding that...

Securities Regulation Daily
  • September 20, 2016

    A federal court in Manhattan has preliminarily approved a $486 million settlement to end more than 11 years of litigation against Pfizer, Inc. for alleged misrepresentations concerning the company’s anti-inflammatory drugs, Celebrex and Bextra. Judge Laura Taylor Swain of the Southern District of New York signed off on the settlement, which represents one of the largest securities class action recoveries...

  • September 19, 2016

    The SEC has announced its first enforcement actions against auditors that violated the independence rules by developing close personal relationships with their audit clients, one platonic and the other romantic. SEC Enforcement Director Andrew Ceresney noted that most of the SEC’s independence violation cases have centered on financial rather than personal relationships. The auditors were employed by Ernst & Young...

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