Alerts

On June 17, 2015, the Health Resources and Services Administration (HRSA) published a long-awaited proposed rule setting forth revisions to the current regulations governing the 340B Drug Discount Program (340B Program) as set forth in 42 C.F.R. part 10 (Proposed Rule).

The Colorado Supreme Court ruled that Dish Network LLC lawfully fired a quadriplegic customer service representative who used validly licensed medical marijuana, rejecting the employee’s argument that the company violated a state law that protects workers who engage in lawful off-duty conduct.

The FBI and United States Justice Department announced a joint investigation into the front-office of the St. Louis Cardinals, one of baseball’s top teams for the last two decades, for allegedly hacking into the internal networks of rival Houston Astros to steal proprietary player information.

The Department of Health and Human Services Office of the Inspector General issued a Fraud Alert, reminding physicians that they will be held liable under the anti-kickback statute for compensation arrangements that do not reflect fair market value compensation for bona fide services they provide.

The United States District Court in Nevada issued an Order on June 1, 2015 dismissing the complaint filed by alleged victims of a data security breach suffered by Amazon.com d/b/a Zappos.com (Zappos).

After the Equal Employment Opportunity Commission (EEOC) recently indicated that it will aggressively pursue claims by transgender workers who have been discriminated against in the workplace, employers have had to assess their policies and practices to make sure they are in compliance. 

The Federal Trade Commission sent a new warning for companies engaged in geolocation tracking. Specifically, the FTC recently reached a settlement agreement with Nomi Technologies, a company that offers services allowing retailers to track the movements of customers in and around their stores.

Charitable organizations that want to provide financial assistance to patients for the costs of health care are challenged with ensuring that their programs do not run afoul of federal fraud and abuse laws.

The Supreme Court of the United States unanimously held in Bullard v. Blue Hills Bank, Case No. 14-115, that a bankruptcy court’s order denying confirmation of a debtor’s proposed plan is not a “final” order that can be immediately appealed.

The following alert is the fourth installment from Birgit Matthiesen for a planned series of cross-border trade updates.

Publisher Sega of America, Inc. (Sega) and developer Gearbox Software, L.L.C. (Gearbox) are involved in a battle centered around Aliens: Colonial Marines (ACM), a videogame based upon the hit film Aliens. 

What can employers do if an employee struggles to be understood by the company’s client base because of his or her heavy foreign accent?  When can employers take action because the employee’s lack of English fluency is affecting job performance and the company as a whole? 

A US Bankruptcy Judge recently approved the sale of a package of RadioShack’s intellectual property assets—including consumer data obtained from RadioShack customers—to General Wireless Inc., the hedge fund affiliate that acquired over 1,700 RadioShack stores in February.

Arent Fox Complex Litigation partner Barbara S. Wahl recently published an article in Law360 that outlines key publicity rights issues that attorneys and their clients should consider when doing estate planning.

Last week, the US Department of Justice in New York unsealed a 47-count indictment against 14 defendants and at the same time numerous FIFA officials and other persons were arrested as they gathered for annual FIFA meeting in Zurich.

Beginning September 3, 2015, New York City employers will no longer be able to consider an individual’s credit history as part of a background check in hiring or employment decisions.

Canada’s National Contact Point (NCP) recently sanctioned China Gold International Resources Corp. Ltd. (China Gold) for its unwillingness to participate in consultations under the OECD Guidelines for Multinational Enterprises (OECD Guidelines) regarding China Gold’s mining activities in Tibet.

The United States Department of Justice (DOJ) announced that pharmacy benefits manager Medco Health Solutions Inc. (Medco) agreed to pay the government $7.9 million to resolve allegations that Medco’s arrangements with pharmaceutical manufacturer AstraZeneca violated the False Claim Act.

The US Supreme Court on Tuesday decided a closely watched False Claims Act (FCA) case, Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, with important implications for companies confronting FCA claims.

The Court of Appeals for the Federal Circuit (Federal Circuit) recently reversed the Trademark Trial and Appeal Board’s (Board) refusal to register the mark PRETZEL CRISPS on the grounds that the mark is generic for pretzel crackers.

Recently reported data breaches and security gaffes have sent many companies scrambling to secure their data against security breaches and to obtain adequate insurance coverage in the event that such a breach occurs.

Pharmaceutical manufacturers could face a new line of attack related to Hatch-Waxman reverse payment settlement agreements (so-called, “pay-for-delay” settlements).

The Chairman of the U.S. Senate Committee on Health, Education, Labor, and Pensions recently started an investigation into whether agency “guidance” is being used as a means to impose obligations on the public while circumventing the formal rule making process. 

According to Lumber Liquidators’ most recent Securities and Exchange (SEC) disclosures, the US Department of Justice (DOJ) is pursuing criminal charges against the company under the Lacey Act (16 U.S.C. §§ 3371-3378) for allegedly importing products containing illegally harvested wood.

Health care lawyers are familiar with the term “underground rulemaking,” which refers to efforts by federal agencies to impose obligations on providers and suppliers informally, without using the processes required by law. That issue has recently attracted the attention of the US Senate.