Current Legal News for Attorneys

Antitrust & Competition

TOP STORY: AAG Kanter highlights consequences of failing to support competition, urges change
Assistant Attorney General Kanter emphasized the importance of protecting competition to keep the market stable in future times of crisis. In remarks at the New York City Bar Association’s Milton Handler Lecture, Assistant Attorney General Jonathan Kanter discussed the importance of investing in competition for the long-term. Kanter stressed the need for developing antitrust policy, arguing that we are living through the error costs of underenfor...

Banking & Consumer Finance

TOP STORY—Government responds to taxpayer’s petition asking Supreme Court to review FBAR penalty issue
The federal government argued that the $2.72M penalty imposed on a taxpayer for failure to report interests in foreign bank accounts was correctly determined, based on the number of accounts he failed to report. The federal government responded to a taxpayer’s petition asking the U.S. Supreme Court to review a decision that interpreted the penalty provision of the Bank Secrecy Act for the taxpayer’s violation of Financial Bank Account Report (FBA...

Cybersecurity & Privacy

New DoJ Policy Limits Computer Hacking Prosecutions
The Department of Justice today issued a new policy on computer hacking prosecutions that would protect good-faith security research and allow “minor” violations of the Computer Fraud and Abuse Act (CFAA) to go unpunished. The policy responds to concerns that cybersecurity research or violations of a website’s terms of service could result in prosecution. The CFAA, the federal government’s main anti-hacking law, makes it a crime to access a prote...

Healthcare

TOP STORY—OIG REPORTS: OIG releases findings of study into adverse events experienced by hospitalized patients
About one quarter of Medicare patients discharged from hospitals in October 2018 experienced harm events and required treatment that led to additional Medicare costs; forty-three percent of the events were preventable. The HHS Office of Inspector General (OIG) released a report about a study of the rate of patient harm events in hospitals, which found that approximately one in four Medicare patients experienced harm during October 2018. The study...

Intellectual Property

TOP STORY—S.D.N.Y.: First Amendment applies to digital tokens for ‘fur-covered Birkin handbag’
But Hermes, maker of the famous luxury Birkin handbags, still met the legal threshold to maintain a trademark infringement lawsuit against the NFT seller. A lawsuit alleging that an online entrepreneur infringed on the rights of a famous line of luxury accessories by selling digital ownership rights to a photo of a fur-covered handbag would have to be judged under First Amendment principles because the digital rights were at least partially a for...

Labor & Employment Law

TOP STORY—8th Cir.: University of Minnesota employee fails to revive ADA failure to accommodate claims
By the time she was fired, the employee had extensive work restrictions that would greatly limit her ability to perform clerical or administrative jobs. A district court did not err in granting the University of Minnesota’s motion for summary judgment against an employee’s ADA claims that it failed to provide a reasonable accommodation for her medical condition, ruled the Eighth Circuit. The employee failed to show that she was qualified for any ...

Products Liability & Insurance

TOP STORY—SPORTS AND RECREATIONAL EQUIPMENT—11th Cir.: Summary judgment reversed for improperly weighing purchase date evidence in tree-stand collapse case
The trial court’s finding that a hunter failed to present evidence that a tree-stand’s ratchet strap’s brittleness was a manufacturing defect improperly credited the manufacturer’s expert testimony that the strap’s condition indicated years of degradation greater than the hunter’s time of ownership and disregarded the hunter’s testimony as to when he purchased the product. The U.S. Court of Appeals for the Eleventh Circuit has reversed in part th...

Securities

TOP STORY—5th Cir.: SEC ALJ proceedings ruled unconstitutional
In a decision that could reshape enforcement throughout the executive branch, the Fifth Circuit held that in-house SEC proceedings for securities fraud were unconstitutional for at least two independent reasons. In a 2-1 opinion, a panel of the Fifth Circuit Court of Appeals vacated an SEC administrative decision imposing penalties and other sanctions for securities fraud. The appeals court held that the administrative proceedings violated the pe...