On August 7, 2015, the US District Court for the Southern District of New York issued a significant decision concerning FDA’s regulation of off-label promotion of approved drugs.
On July 22, 2015 the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reflect the May 29, 2015 removal of Cuba from the list of state sponsors of terrorism.
The US Court of Appeals for the Third Circuit recently ruled that a suspension with pay generally does not constitute an “adverse employment action” under the substantive discrimination provision of Title VII. Jones v. Southeastern Pennsylvania Transportation Authority.
On August 3, 2015, the New York Attorney General announced settlements with five retailers who violated state law that prohibits the sales of realistic-looking toy guns. As part of the agreement, the retailers will halt sales of the violative products and pay more than $300,000 in penalties.
Nike Inc. (Nike) recently agreed to pay more than $2.4 million to settle a class action lawsuit related to the Nike FuelBand activity tracker.
On July 28, 2015, Mead Johnson Nutrition Company, an Illinois-based pediatric food producer, settled FCPA charges brought by the SEC for over $12 million.
On Monday, a federal district court judge in New York issued a ruling that, if adopted broadly, will have a significant – and potentially nightmarish – impact on any provider who receives an overpayment from Medicare or Medicaid. Kane v. Healthfirst, Inc. and U.S. v. Continuum Health Partners Inc.
When the Occupational Safety and Health Administration issues a “Citation and Notification of Penalty,” employers should always begin evaluating the potential financial impact the OSHA citation could have on the company.
Major US credit card associations including Visa, MasterCard, American Express, and Discover have set October 1, 2015, as the deadline for merchants to implement the Europay, MasterCard, and Visa (EMV) standards.
On July 30th, the Department of Justice petitioned the US Supreme Court to reverse United States v. Newman, 773 F.3d 438, 438 (2d Cir. 2014), a high-profile insider-trading decision by the Second Circuit that curtailed tipper-tippee liability.
A recent court ruling is a good reminder to health care providers that bankruptcy may not (as is sometimes suggested) be a safe harbor for providers in danger of being forced out of business by the loss of their Medicare and Medicaid provider agreements.
The Fourth Circuit has recently made it more difficult for false advertising plaintiffs to survive a motion to dismiss where their claims are based on an allegation of “literal falsity.”
The following alert is the fifth installment from Birgit Matthiesen for a planned series of cross-border trade updates.
On July 27, 2015, the Food and Drug Administration published a Supplemental Proposed Rule (SPR) that amends its Proposed Rule on Nutritional Labeling published on March 3, 2014.
In this episode of Fashion Counsel, Partner Anthony Lupo talks with Hank Rouda, Former General Counsel, North America at H&M.
On July 20, 2015, the United States District Court for the Northern District of Illinois certified a liability-only class of Illinois plaintiffs in a nearly ten-year-old case involving allegedly defective, moldy Kenmore-manufactured Whirlpool Corporation (Whirlpool) washing machines.[1]
Following the lead of the Illinois Supreme Court in In re Pension Reform Litigation, 2015 IL 118585, Judge Rita Novak of the Circuit Court of Cook County has ruled that an Illinois law modifying provisions of Chicago’s pension statute violated the Illinois Constitution.
The Iran Nuclear Agreement is 159 pages and there are a lot of steps and dates involved. We asked ourselves, “what exactly happens when?” and came up with the following practical roadmap.
In an unexpected development, the Centers for Medicare and Medicaid Services recently proposed several changes that will generally add greater flexibility to Stark Law regulations in the proposed physician fee schedule for calendar year 2016, which was published on July 15, 2015.
In an unexpected development, the Centers for Medicare and Medicaid Services recently proposed several changes that will generally add greater flexibility to Stark Law regulations in the proposed physician fee schedule for calendar year 2016, which was published on July 15, 2015.
Rockwell Automation, Inc. (Rockwell), a leading industrial parts manufacturer, recently sued industrial parts distributor Radwell International, Inc. (Radwell), alleging numerous violations of the Lanham Act.
On July 7, 2015, the US Court of Appeals for the Ninth Circuit overruled a 23-year-old False Claims Act precedent, relaxing its test for deciding when a whistleblower can overcome a motion to dismiss because the allegations in the complaint were publicly disclosed.
Earlier today, the Senate Finance Committee approved legislation which would resurrect roughly 50 expired tax incentive provisions that lapsed on December 31, 2014.
On July 15, 2015, the Department of Labor (the DOL) issued guidance to employers about misclassification of workers as independent contractors instead of employees.