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Antitrust Law Daily
  • February 17, 2017

    The federal district court in Cincinnati yesterday sentenced Hitachi Automotive Systems, Ltd. for its role in a conspiracy to fix the price of automotive shock absorbers. While the company had agreed to plead guilty and pay a $55.48 million fine, there was a dispute over whether it should be sentenced to probation. The court  imposed  the $55.4 million fine and...

  • 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...

Banking & Finance Law Daily
  • February 17, 2017

    New York State’s "first in the nation" cybersecurity regulation takes effect March 1, 2017, Governor Andrew M. Cuomo announced. The regulation, intended to protect New York’s financial services industry and consumers from cyber-attacks, requires banks, insurance companies, and other financial services institutions regulated by the Department of Financial Services to establish and maintain a cybersecurity program designed to protect consumers’...

  • 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...

Employment Law Daily
  • February 24, 2017

    A Washington truck company discriminated against a longtime employee when it refused to allow her to bring a trained service dog to work. Haney, a Yakima-based heavy haul trucking company that operates in seven states and Canada, prohibited the employee from using her trained service animal, Lucky, who alerts her to dangerous blood sugar drops, [...]

  • February 23, 2017

    By Joy P. Waltemath, J.D. Denying judgment on the pleadings, a federal district court in California ruled that the ADEA disparate impact claim of an applicant for a position at PricewaterhouseCoopers could go forward, specifically holding that disparate impact claims under the statute are not limited to “employees.” Although the Ninth Circuit has not decisively held, [...]

Health Law Daily
  • February 17, 2017

    The U.S. Attorney General possesses an absolute veto power over voluntary settlements in False Claims Act (FCA) (31 U.S.C. §3729) qui tam actions, the U.S. Court of Appeals for the Fourth Circuit has held. A South Carolina district court’s ruling that the government—despite not intervening in a qui tam action involving various operators of elder care facilities that allegedly fraudulently...

  • 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...

Health Reform
  • February 22, 2017

    Although Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) marketplaces that offered total cost estimators to help consumers select a health care plan encountered issues in the development and implementation of such tools, they concluded cost estimators may generate higher enrollment during the sign-up process, according to a  study  conducted by The Commonwealth Fund. The authors of the study,...

  • 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...

IP Law Daily
  • February 17, 2017

    Two Evolutionary Intelligence data-processing patents that disclosed a "System and Method for Creating and Manipulating Information Containers with Dynamic Registers" were invalid because the patents claimed patent-ineligible subject matter, the U.S. Court of Appeals for the Federal Circuit has decided. The district court’s grant of the defendants’ motion for judgment on the pleadings and dismissal of the infringement claims was...

  • 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...

Products Liability Law Daily
  • February 17, 2017

    By a 4 to 2 decision, the Florida Supreme Court has declined to adopt an amendment to the Florida Evidence Code that would change the standard of admissibility of expert testimony in the state, to the extent the change is procedural. The Florida legislature’s amendment to the Code adopted the  Daubert  standard for admitting expert opinion evidence to replace the ...

  • 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...

Securities Regulation Daily
  • February 17, 2017

    Michael S. Piwowar, Acting SEC Chairman and Mike Rothman, NASAA’s President and Minnesota’s Commissioner of Commerce, signed an information-sharing agreement (Memorandum of Understanding (MOU)) to strengthen small business capital formation in light of new rules  facilitating  intrastate crowdfunding and other offerings. New JOBS Act rules took effect in 2015 and 2016; new amendments to foster regional offerings took effect in...

  • 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...

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