Current Legal News for Attorneys

Antitrust & Competition

TOP STORY: European Commission's € 1.06 billion fine of Intel annulled
Inadequate analysis accorded to price rebates paid by Intel to its customers. The General Court of the European Union has set aside a € 1.06 billion ($1.13 billion) European Commission (EC) fine against Intel Corp. in connection with its marketing of its x86 processers, the court announced . The EC had determined that two practices by Intel, naked restrictions and conditional rebates, constituted abuse by Intel of its dominant posture in the worl...

Banking & Consumer Finance

TOP STORY—‘Supply and demand imbalances’ contribute to inflation; ‘funds’ rate unchanged for now
The FOMC also decided to “continue to reduce the monthly pace of its net asset purchases” with the expectation of “bringing them to an end in early March.” Based on financial developments in connection with the COVID-19 pandemic and on economic information it has received since it last met in December 2021, the Federal Open Market Committee decided unanimously to maintain the target range for the federal funds rate at the current zero- to 0.25-pe...

COVID-19 Resources

TOP STORY—OSHA withdrawing large employer vaccination ETS
By Pamela Wolf, J.D. However, the agency will continue to treat the ETS as a proposed rulemaking. OSHA is withdrawing its interim final rule implementing the controversial large employer vaccination and testing emergency temporary standard (ETS ) that was stayed by the Supreme Court on January 13, 2022. The withdrawal will be effective upon publication in the Federal Register , slated for January 26, 2022. Although OSHA is withdrawing the ETS as ...

Healthcare

TOP STORY—4th Cir.: Lab did not act knowingly when it failed to aggregate drug discounts
Failure of lab to aggregate drug discounts given to separate customers for purposes of reporting “best price” did not constitute acting knowingly under the False Claims Act. The U.S. Court of Appeals for the Fourth Circuit has affirmed the district court’s decision dismissing relator’s action against employer lab for alleged false claims. Because the employer lab’s reading of the Rebate Statute was, at a minimum, objectively reasonable, and becau...

Intellectual Property

TOP STORY—D. Ore.: A mention on Jeopardy! bolsters the fame of the GARANIMALS mark
Because the popular line of children’s clothing was frequently mentioned in mass media, including the widely watched game show, it should have been treated as famous by the TTAB. A decision by the Trademark Trial and Appeal Board that found the GARANIMALS mark was not famous would have to be reversed on the basis of newly submitted evidence, the federal court in Portland, Oregon has held. The court, reversing the Board’s decision and allowing the...

Labor & Employment Law

TOP STORY—6th Cir.: FCA relators’ attorneys’ fees can’t be blocked seven years after settlement
A hospital system was unsuccessful in blocking payment of attorney fees seven years after it settled massive and widespread fraud claims with the government and multiple relators who worked with the government. The Sixth Circuit overturned a lower court’s decision that allowed a hospital system to block the payment of attorneys’ fees to multiple employee/relators some seven years after entering into a settlement agreement with them and the govern...

Products Liability & Insurance

TOP STORY—MOTOR VEHICLES—Nissan recalls over 688K vehicles due to fire risk
Corrosion from water and salt intrusion may damage the electrical connector for the under-dash harness. Nissan North America, Inc. (Nissan) is recalling about 688,946 2014-2016 Rogue vehicles because the electrical connector for the under-dash harness may corrode due to water and salt intrusion from the driver's side foot well. Corrosion in the electrical connector can result in power window/seat failure, all-wheel-drive warning light illuminatio...

Securities

TOP STORY—Commission proposes enhanced Form PF reporting, expands Regulation ATS coverage
Amendments to Form PF would require reporting within one day if an event signals risk to the broader financial system. Regulation ATS would cover Communications Protocol Systems. The SEC has voted to propose amendments to enhance private fund reporting and, separately, to bring more Alternative Trading Systems under Regulation ATS. The proposed amendments to Form PF would require current reporting of certain stressors that could harm investors or...