Current Legal News for Attorneys

Antitrust & Competition

TOP STORY—9th Cir.: Oakland fails to allege group boycott, price fixing over Raiders’ move to Las Vegas
December 3, 2021 | By Nicole D. Prysby, J.D.
The city’s group boycott claim failed because it alleged only a single producer—the Raiders—refused to deal with it, and its price fixing claim failed for lack of antitrust standing. The city of Oakland, California failed to sufficiently allege group boycott and price fixing claims against the Raiders, the NFL, and other NFL teams over the Raiders’ decision to move to Las Vegas, held the U.S. Court of Appeals in San Francisco. Oakland alleged tha...

Banking & Consumer Finance

TOP STORY—FDIC OIG: Inspector’s report finds inconsistencies in termination of AML consent orders
December 3, 2021 | By Justin Marcus Smith, J.D.
OIG found that the FDIC terminated AML consent orders in a way that diverged from Fed and OCC practice, made recommendations aimed at promoting consistency. The Federal Deposit Insurance Corporation Office of Inspector General (OIG) has published an Evaluation Report of findings and recommendations after conducting a thorough review of how the FDIC terminates Bank Secrecy Act/Anti-Money Laundering (BSA/AML) consent orders. The key finding was tha...

Healthcare

TOP STORY: Enforcement of vaccine requirement for healthcare staff suspended due to ongoing court-ordered injunctions
December 3, 2021 | By Joe Cox, J.D.
CMS will not enforce the vaccination requirement for providers or the requirement of policies/procedures for providers or suppliers while the existing injunctions remain in place prohibiting enforcement. The Center for Medicare & Medicaid Services clarified in a letter to state survey agency directors that enforcement of the November 4, 2021 Interim Final Rule will be suspended at the present time. That Final Rule required staff working in Medica...

Intellectual Property

TOP STORY—Fed. Cir.: A government contractor gets a new chance to establish the date that its invention was reduced to practice
December 3, 2021 | By Matthew Hersh, J.D.
But the decision underscores the importance of the careful preservation of facts during pretrial proceedings. A contractor that designed an armored vehicle for the Army would have a second chance to show that it reduced the invention to practice in a timely manner, the United States Court of Appeals for the Federal Circuit has held. But the court’s opinion, remanding to the Court of Federal Claims a dispute over the Army’s use of the contractor’s...

Labor & Employment Law

TOP STORY—S.C. Sup. Ct.: Contractual nature of at-will employment didn’t infringe on employer’s right to terminate at-will employee for any reason
December 3, 2021 | By George Basharis, J.D.
Court finds at-will employment to be contractual in nature, the employment contract includes the covenant of good faith and fair dealing, and third parties who interfere with the contractual relationship may be held liable to a terminated employee. Answering questions certified by a federal district court concerning the nature of at-will employment and the viability of claims against a former employer and coworker who accused a employee of sexual...

Products Liability & Insurance

TOP STORY—WEAPONS AND FIREARMS—Nev.Sup.Ct.: Nevada’s ‘any firearm’ statutory language protects firearm manufacturers and distributors from liability
December 3, 2021 | By Leah S. Poniatowski, J.D.
En banc state high court answers question raised in federal lawsuit filed by mass shooting victim's family. In consideration of the whole text of a Nevada statute that provides immunity to firearm manufacturers and distributors, the legislative history of the statute, and the relevant common law, the Nevada Supreme Court held en banc that the statute’s ‘any firearm’ language encompassed illegal firearms in its scope and, thus, the gun companies i...

Securities

TOP STORY—Chair Gensler and Commissioner Peirce comment on crypto concerns
December 3, 2021 | By Joanne Cursinella, J.D.
The SEC officials shared their perspectives during the Investor Advisory Committee webcast on December 2. In prepared remarks, SEC Chair Gary Gensler and Commissioner Hester Peirce shared their perspectives on the crypto markets in a webcast that also addressed financial abuse of the elderly. Echoing his earlier points made at the “Digital Asset Compliance & Market Integrity Summit ,” Gensler expressed his concern that the American public is buyi...