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Antitrust Law Daily
  • March 23, 2017

    Purchasers of iPhones between 2008 and 2011 could sue Apple for a possible antitrust violation but only on a much narrower theory than the one they originally sought, the federal district court in Oakland has ruled. The purchasers could not pursue their primary claim that their purchase of the iPhones in the primary market locked them into purchasing voice and...

  • March 22, 2017

    In the run up to tomorrow’s showdown on the repeal of the Patient Protection and Affordable Care Act ( P.L. 111-148 ), the House of Representatives today passed proposed legislation to repeal the antitrust exemption for the business of health insurance. The "Competitive Health Insurance Reform Act of 2017" ( H.R. 372 ) is considered to be part of the...

Banking & Finance Law Daily
  • March 23, 2017

    Experian Holdings, Inc., one of the nation’s largest credit reporting agencies, has agreed to pay a $3 million civil penalty to settle allegations brought by the Consumer Financial Protection Bureau that Experian deceived consumers about the use of the credit scores they purchased. Experian represented that the "educational" credit scores it sold to consumers were used by lenders to make...

  • March 22, 2017

    Rejecting arguments raised by two defendant law firms and their principal on appeal, the Indiana Supreme Court has ruled that the Indiana’s Credit Services Organizations Act, Mortgage Rescue Protection Fraud Act, Home Loan Practices Act, and Deceptive Consumer Sales Act, do not provide the law firms with any express or implied exemption from liability. The State of Indiana’s lawsuit against...

Employment Law Daily
  • March 29, 2017

    By Kathleen Kapusta, J.D. Bound by the decisions of prior panels, the Second Circuit, affirming in part the decision of the court below dismissing an openly gay employee’s claims, refused his invitation to reconsider earlier precedent in light of a changed legal landscape and to hold that Title VII’s prohibition on discrimination “because of . . [...]

  • March 29, 2017

    By Cynthia L. Hackerott, J.D. In a setback for the OFCCP, a Labor Department Administrative Law Judge has denied the agency’s motion for summary judgment in its high-profile administrative suit against Google Inc. The ALJ denied summary judgment because it had previously granted the OFCCP’s motion to apply expedited procedures and the regulations providing for expedited [...]

Health Law Daily
  • March 23, 2017

    A Third Circuit panel has established a new "clear evidence" standard of proof in vacating and remanding a lower court’s decision that dismissed multi-state claims again Merck Sharp & Dohme, Corporation’s drug Fosamax® on preemption basis. In its decision, the appellate panel noted that preemption is an affirmative defense and found fault with Merck’s subsequent arguments that it was entitled...

  • March 22, 2017

    Wright Medical Technology, Inc. was not entitled to a new trial following an adverse jury verdict in the first bellwether trial against it for products liability and misrepresentation claims relating to the device maker’s Conserve® metal-on-metal hip implant device, the U.S. Court of Appeals for the Eleventh Circuit ruled, affirming the district court’s $2.1 million judgment against the company. Contrary...

Health Reform
  • March 27, 2017

    CMS experienced challenges using its inconsistency data and was unable to extract accurate data on inconsistencies for applicants wishing to enroll in qualified health plans (QHPs) or fully explain how it tracks inconsistencies in its data in a timely manner, according to an Office of Inspector General (OIG) report. To ensure that it can identify inconsistencies in applications, the OIG...

  • March 24, 2017

    On March 16, 2017, the Trump Administration published a "blueprint" laying out the president’s priorities for the federal government’s fiscal year (FY) 2018 budget. At the beginning of the document, President Donald Trump wrote that the budget seeks to increase military spending without adding to the federal deficit; therefore, the  blueprint  includes reductions to many federal agencies, including HHS, CMS,...

IP Law Daily
  • March 23, 2017

    A trademark examining attorney did not err in refusing to register the standard-character mark SHARPIN for cutlery knife blocks with built-in, automatic sharpeners, the Trademark Trial and Appeal Board has ruled in a precedential opinion. Because SHARPIN evoked an immediate association with "sharpen," a phonetically identical and otherwise virtually identical word, and because the mark was not a double entendre...

  • March 22, 2017

    Designs for cheerleading uniforms owned by Varsity Brands, Inc., were copyrightable because the graphic elements of those designs were separable from the utilitarian function of a cheerleading uniform, the U.S. Supreme Court has held. In a split decision, the Court held that a feature incorporated into the design of a useful article is eligible for copyright protection only if the...

Products Liability Law Daily
  • March 23, 2017

    A Third Circuit panel has established a new "clear evidence" standard of proof in vacating and remanding a lower court’s decision that dismissed multi-state claims again Merck Sharp & Dohme Corporation’s drug Fosamax® on a preemption basis. In its decision, the appellate panel noted that preemption is an affirmative defense and found fault with Merck’s subsequent arguments that it was...

  • March 22, 2017

    Excelligence Learning Corporation, d/b/a Discount School Supply, of Monterey, California, has recalled around 10,400 packages of Environments™ brand children’s waterproof bibs because the bibs have a waterproof plastic backing that can separate from the terry cloth fabric, creating a suffocation hazard to children ( CPSC Recall Notice , No. 17-734, March 22, 2017). Incidents and injuries.  Discount School Supply has...

Securities Regulation Daily
  • March 23, 2017

    Senators queried Jay Clayton at his confirmation hearing to be SEC Chairman on a range of topics, including how he would deal with potential conflicts of interest, his views on enforcement, and why he thinks initial public offerings have dwindled in the U.S. In both his  prepared remarks  and in his testimony he said the protection of investors is a...

  • March 22, 2017

    The SEC today adopted an amendment to Exchange Act Rule 15c6-1(a) to shorten the standard settlement cycle for most broker-dealer securities transactions. Currently, the trade settlement cycle for transactions is three business days (T+3), but the change decreases the period to two business days (T+2) to enhance efficiency and reduce risk for market participants. T+2 provisions.  The  amendments  to Rule...

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UPCOMING EVENTS

March 26, 2017 7:30 AM -
March 29, 2017 4:30 PM
National Harbor, MD
Wolters Kluwer is proud to once again be a Platinum Sponsor and exhibitor at the HCCA's 21's Annual Compliance Institute in National Harbor, MD! Please stop by Booth #501 to see the latest ComplyTrack and enter to win one of two $100 gift cards!