Current Legal News for Attorneys

Antitrust & Competition

TOP STORY: Senate Judiciary Committee advances bill aimed at tech platform self-preferencing, discrimination
Further work on the proposed “American Innovation and Choice Online Act” appears likely, however, as questions are raised on both sides of the aisle about the legislative process, as well as the substance of the bill. The proposed “American Innovation and Choice Online Act” (S. 2992) has been reported favorably to the Senate floor by a 16-to-6 Judiciary Committee vote. The bi-partisan bill, introduced in October 2021, is aimed at big tech platfor...

Banking & Consumer Finance

TOP STORY—4th Cir.: FDCPA and Maryland debt-collection laws apply to online mortgage payment convenience fees
Because Carrington Mortgage Services was a “debt collector” and charged an amount not permitted by law, mortgage borrowers may proceed with some, but not all, of their class-action claims. In a suit brought by two mortgage borrowers against Carrington Mortgage Services, LLC, the borrowers alleged that Carrington violated the Maryland Consumer Debt Collection Act (MCDCA), which incorporates substantive provisions of the Fair Debt Collection Practi...

COVID-19 Resources

TOP STORY: CMS updates deadlines for compliance with vaccine mandate
By Sheila Lynch-Afryl, J.D., M.A. The only state not currently subject to the mandate is Texas. Health care workers in the 24 states where the U.S. Supreme Court reinstated CMS’ vaccine mandate must have their first shot by February 14 and be fully vaccinated by March 15, according to CMS. Different deadlines apply for 25 other states that weren’t subject to the injunctions (CMS Letter , QSO-22-09-ALL, January 14, 2022). Two coalitions of states,...

Healthcare

TOP STORY—D.C. Cir.: No judicial review of agency determination in the absence of filed reimbursement claim
“Channeling” requirement that Provider receive denial of concrete claim for reimbursement before filing for judicial review applied even to PHE Telehealth services. A federal appeals court in the District of Columbia has affirmed the decision of the district court that dismissed the complaint for judicial review filed by RICU, LLC (RICU or Provider), because the court lacked subject matter jurisdiction. Supreme Court precedent has made clear that...

Intellectual Property

TOP STORY—TTAB: ‘Only in Mexico’: Popularity of the word FLOREO south of the border enough to require translation into English
Although the word might be considered antiquated in much of the Spanish-speaking world, its common usage in Mexico was enough to require that it be translated into English for likelihood of confusion purposes. The fact that the word FLOREO was commonly used in Mexico, even if it may be considered antiquated and rare in other Spanish-speaking countries, was enough to require the word to be translated into English before applying the likelihood of ...

Labor & Employment Law

TOP STORY—2d Cir.: Collective-action waiver included in former IBM employees’ severance agreements enforceable
A collective-action waiver is not a waiver of any “right or claim” under the ADEA that triggers the requirements of 29 U.S.C. § 626(f)(1). Former employees of IBM who entered into severance agreements in which they agreed not to join any collective actions against IBM asserting claims under the ADEA failed in their bid to overturn enforcement of collective-action waivers contained in the agreements, ruled the Second Circuit. Relying on the Suprem...

Products Liability & Insurance

TOP STORY—SPORTS AND RECREATIONAL EQUIPMENT—N.Y.App. Div.: Hoverboard products liability claims revived
The trial court erred in granting summary judgment on an injured user’s causes of action alleging negligence and strict products liability for design defect and failure to warn, and breach of the implied warranty of merchantability. Finding that a hoverboard manufacturer failed to establish that a hoverboard, which allegedly caused a user’s injuries, was safe for its intended purpose, a New York appellate court resurrected multiple products liabi...

Securities

TOP STORY—Gensler has SEC taking closer look at PE, hedge fund fees
The SEC may be poised to look more closely at private equity firms and hedge funds as part of larger focus on market efficiency. SEC Chair Gary Gensler, in a speech to an audience at the Exchequer Club of Washington, D.C., suggested that a wider agency focus on the efficient markets component of the agency’s core mission could produce a staff recommendation regarding, among other things, the fees and expenses associated with private equity firms ...