Current Legal News for Attorneys

Antitrust & Competition

TOP STORY—7th Cir.: Company that sold watches online was not granted Wisconsin ‘dealership’
The Wisconsin Fair Dealership Law did not protect the company from termination because there was not a substantial enough proportion of revenues or sufficient sunk costs to create a “community of interest.” The Seventh Circuit Court of Appeals has upheld the dismissal of The Watch Company’s (WatchCo) complaint against watch manufacturer Citizen Watch Company for terminating their distribution relationship without good cause or sufficient notice i...

Banking & Consumer Finance

TOP STORY—9th Cir.: Lender’s inaccurate report to credit reporting agencies impairs borrower’s ability to secure mortgage
The lender erroneously reported that the borrower owed a debt, which had been abolished under Arizona law; whether the lender’s investigation into the borrower’s dispute was reasonable was for a jury to decide. Reversing the district court’s grant of summary judgment in favor of the lender, the federal Ninth Circuit Court of Appeals held that, under the Fair Credit Reporting Act, it was “patently incorrect” for CitiMortgage, Inc. (CitiMortgage) t...

Cybersecurity & Privacy

Officials Report Progress on Meeting Cyber EO’s Goals
Government witnesses today offered an optimistic assessment of the federal government’s progress toward implementing a cybersecurity executive order issued in the aftermath of the SolarWinds cyber intrusion. At a hearing of the House Homeland Security Committee’s cybersecurity, infrastructure protection, and innovation subcommittee titled “Securing the DotGov: Examining Efforts to Strengthen Federal Network Cybersecurity ,” witnesses said federal...

Healthcare

TOP STORY—CMS Letters: CMS issues guidance for Medicaid and CHIP coverage of “stand-alone vaccine counseling”
While the guidance does not have the force of law, CMS believes it will help states provide clarity to the public regarding federal COVID-19 vaccine services. CMS has released guidance to states to help both administrators and the public better understand federal support for stand-alone vaccine counseling. Patients receive stand-alone counseling when they or their caregiver learn about a vaccine from a healthcare practitioner without actually get...

Intellectual Property

TOP STORY—Fed. Cir.: Claim for “scalable address” in remote control system erroneously construed by PTAB
Patentability findings in PTAB’s inter partes review regarding a system that monitors and controls remote systems were based on erroneous constructions of “scalable address” and “scalable address field” claims. A decision by the Patent Trial and Appeal Board finding that certain claims of the patent for a system that monitors and controls remote devices were not unpatentable was based on improper claim construction, the U.S. Court of Appeals for ...

Labor & Employment Law

TOP STORY—D. Ariz.: Software engineer’s HWE claim against Boeing advances with questions about effectiveness of corrective measures
Although the employer implemented some remedial measures, including setting up a trace inbox to receive anonymously emailed threats, there were questions about effectiveness stemming from its closure of its initial investigation and other delays. Boeing Company was unable to shake a former employee’s lawsuit under Title VII and the Arizona Civil Rights Act for a hostile work environment and retaliation stemming from anonymous notes and emails she...

Products Liability & Insurance

TOP STORY—SUPREME COURT—U.S.: Estate seeks High Court’s opinion on whether federal safety standard for bus exits preempts state common law
The U.S. Supreme Court has been asked to determine whether the federal standard prohibits the greater level of safety required under Texas common law. The estate of a boy who died after falling from an emergency exit door of a school bus that was traveling at high speed has requested the U.S. Supreme Court to determine whether Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus Emergency Exits and Window Retention and Release , preempts a ...

Securities

TOP STORY—ESMA makes recommendations to improve retail investor protections
The stated goal of ESMA’s proposals is ensuring retail investors’ access to information they need to make well-informed investment decisions while being protected from aggressive marketing techniques and other detrimental practices. On April 29, 2022, the European Securities and Markets Authority (ESMA), the European Union securities market regulator, issued a final report to the European Commission pursuant to the Commission’s mandate to ESMA to...