The District of Columbia, joined by California and Illinois, argues that payment of the dividend would have anticompetitive effects, and cause consumer harm. In their action filed by the District of C...
“I will sign the bill into law as soon as Congress sends it to my desk.” On December 1, the Senate overwhelming voted to approve H.J.Res.100 , taking action to avert the impending national railway strike expected to begin December 9 by implementing the terms of a tentative national agreement to resolve the labor dispute. The Senate’s 80-15 vote underscored the palpable sense of urgency as the possibility of a railway shutdown putting a halt to freight shipment by rail across the United States…
Commission Chairman tells Senate Ag Committee the DCCPA, a bill currently before the Senate, may have averted the FTX debacle. The lone witness in a hearing titled “Why Congress Needs to Act: Lessons Learned from the FTX Collapse,” held Thursday by the U.S. Senate Committee on Agriculture, Nutrition and Forestry, CFTC Chairman Rostin Behnam lobbied for a “comprehensive regulatory regime,” to prevent FTX from happening again. “We need to move quickly on a thoughtful regulatory approach to…
For its second assignment since its formation in February, the Department of Homeland Security’s Cyber Safety Review Board (CSRB) intends to study the “Lapsus$” data extortion group that has hacked into several major organizations. “Lapsus$ has reportedly employed techniques to bypass a range of commonly-used security controls and has successfully infiltrated a number of companies across industries and geographic areas. The CSRB will develop actionable recommendations for how organizations can…
State False Claims Act allegations must contain particularized facts regarding the submission of false claims to the state. A relator bringing state False Claims Act (FCA) actions must enumerate specific allegations regarding the submission of false claims in each state where a FCA violation is alleged. The district court held the former employee sufficiently plead state FCA claims regarding Medicaid claims in four states but failed to raise specific enough allegations in 22 other states. The…
A proposed stipulated order would resolve charges the company and its owner deceived customers into thinking they were depositing funds into a guaranteed return commercial bank savings product when the funds were actually placed in risky investment vehicles and crypto-assets. The Consumer Financial Protection Bureau announced it has filed a proposed settlement order that would resolve claims brought against My Loan Doctor LLC and its founder, Edgar Radjabli for alleged violations of the…
Board rejects arguments that bona fide intent can be based on anticipated change in law, or should be measured at the time the statement of use is filed, which in this case was after a change in the law. The Trademark Trial and Appeal Board has issued two non-precedential decisions affirming refusals to register marks to be used in connection with hemp-based therapeutic and pharmaceutical products, where those products could not have been used in lawful commerce at the time the owner, Ananda…
Late move averts pending trial in federal district court in Bowling Green. Two Kentucky real estate investors indicted by a federal grand jury in 2021 have pleaded guilty to conspiring with others to rig bids at a 2018 auction for hundreds of acres of farmland and a tract of timber rights. According to the Department of Justice Antitrust Division, Barry Dyer and Mackie Shelton demanded and accepted a $40,000 payoff from competing auction participants to stop bidding, artificially suppressing…
A consumer failed to establish that the antiperspirant product she used actually contained benzene and that benzene exposure was a cause of her cancer. In an action brought against an antiperspirant manufacturer/seller by a woman who developed breast cancer allegedly due to the presence of benzene in the product, a federal district court in Louisiana granted the manufacturer’s motion to dismiss the consumer’s second amended complaint against it. The woman’s inadequate warning claim could not…
The separate joint resolution that would implement seven days of paid sick leave for the railway workers will face heavy headwinds in the Senate. The House on November 30 passed two joint resolutions aimed at preventing a national railway strike likely to begin December 9 in the absence of congressional action to avert it. Four of twelve unions have rejected a tentative national agreement that could have resolved the contract disputes between railway worker unions and railways that transport…
You should understand that the DOL’s investigators have the legal authority to investigate your wage and hour practices. No employer wants to be embroiled in litigation alleging wage and hour violations or find themselves the subj...
Worker's compensation in Ohio may also cover injuries that happen at company-sponsored parties, outings, travel, and sporting events despite the absence of any actual work activity. 'Tis the season for holiday parties and other wo...
In case you missed the in-depth coverage in the November issues of Securities Regulation Daily , we have provided a recap of the most notable stories. In the month of November, CBS and its former President and Chief Executive Offi...
The Commission asked the court to reconsider its October ruling that the CEA did not apply to certain yen-Libor and Euroyen Tibor benchmark products. The CFTC this week filed an amicus curiae brief asking the U.S. Court of Appeals...
The Office of Civil Rights (OCR) for the U.S. Department of Health and Human Services (HHS) announced yesterday that it had released a bulletin highlighting obligations on covered entities and business associates (regulated entiti...
A coalition of 13 technology trade groups today called on the European Union Agency for Cybersecurity (ENISA) and other EU bodies to remove provisions in a proposed cybersecurity certification scheme for cloud service providers th...
Action alleging multiple claims involving a hormonal intra-uterine device moves forward in part. A federal district court in California has granted in part and denied in part the motion to dismiss of a medical device manufacturer ...
HHS proposes to change statutory authority for confidentiality of substance use disorder patient records. HHS issued a notice of proposed rulemaking (NPRM) to solicit public comment on its proposal to modify its regulations to imp...
The Federal Reserve’s regulatory chief said that all aspects of capital regulation, including stress testing, are currently under review and may need to be adjusted in order to ensure sufficient bank oversight and a healthy global...
While reducing the rates in the general assessment fee schedule for 2023, the OCC is maintaining assessment rates from 2022 for the independent trust and independent credit card fee schedules. The Office of the Comptroller of the ...
The medical center’s request for injunctive relief did not constitute a legal action within the meaning of the TCPA. Moreover, the injunction was ancillary to an underlying arbitration proceeding. A medical center’s petition for a...
Proposed mark was a commonplace message widely used by a variety of sources and did not function as a mark for the applicant’s beer. The Trademark Trial and Appeal Board has refused the registration of a claimed mark for TACO TUES...
Standing was found because of economic injury with buyer paying price premium for car seat. A federal district court in Philadelphia dismissed claims of a buyer of a car seat alleging that Artsana USA, Inc., d/b/a Chicco illegally...
Nurses and pharmacist alleging that the hospital, its CEO, and its parent entity wrecked their professional reputations and employment prospects through a smear campaign tying them to a doctor accused of killing dozens of patients...
Summary judgment for the vehicle manufacturer on design defect claims was affirmed. In an action stemming from a fatal motorcycle accident, the U.S. Court of Appeals for the Fourth Circuit held that the lower court did not abuse i...
Consumers should return the toys to any Target store for a full refund or contact the company to receive a prepaid return label to return the toy set by mail. Target Corporation, of Minneapolis, Minnesota, is recalling about 23,40...