Recent Supreme Court ruling did not undermine FTC’s broad authority to freeze assets and impose a receivership to redress injuries caused by an alleged health insurance scam. The Eleventh Circuit Cour...
Comments should be received by a date 60 days after publication of the notice in the Federal Register ; the notice of proposed rulemaking is scheduled to be published on February 2, 2023. The Departments of Treasury, Labor, and Health and Human Services have issued a notice of proposed rulemaking , due to be published in the Federal Register on February 2, wherein they propose to amend regulations regarding coverage of certain preventive services under the Patient Protection and Affordable…
The founder of Nutmeg Group, LLC asserts that federal district and appeals courts failed to apply the Supreme Court’s Lui opinion to determine the proper amount of disgorgement to be ordered in favor of the SEC. A petition for certiorari filed in the U.S. Supreme Court seeks a remedy akin to a grant, vacate and remand (GVR) in order to have the lower federal courts properly apply the methodology established by the justices in Liu v. SEC . According to the petition, the district court, issuing…
A ransomware group responsible for cyber attacks on hospitals, schools, and critical infrastructure was infiltrated by the Federal Bureau of Investigation and overseas law enforcement, which surveilled the group for several months and obtained decryption keys for the group's victims before seizing its Internet infrastructure, according to the Department of Justice. The FBI gained access to the systems of the Hive ransomware group last summer and obtained the group's decryption keys, DoJ said…
HHS analyzed data from 2020 to show the impact insulin savings would have had in 2020, which could translate to equal or more savings today. Medicare Part D recipients who can now take advantage of the $35 out-of-pocket cap on their monthly insulin supply due to the passage of the Inflation Reduction Act, would have saved $734 million if the law was in effect in 2020, concludes a report by the Department of Health and Human Services, Assistant Secretary of Planning and Evaluation, Office of…
The administration seeks to make cryptocurrency safer for consumers, financial system. Given the implosion of so-called “stablecoin,” which prompted a wave of insolvencies, the Biden Administration in a press release emphasized its focus on ensuring cryptocurrencies cannot undermine financial stability, protecting investors, and holding bad actors accountable. While cryptocurrency may be relatively new, the behavior it has seen cryptocurrency companies exhibit and the risks posed by such…
Patent Quality Assurance, LLC, asks the Federal Circuit to intervene, contending that it was improperly sanctioned and dismissed from an IPR proceeding for violating discovery orders it calls “unlawful.” An increasingly contentious and complex battle relating to the USPTO Director’s powers to review Patent Trial and Appeal Board decisions was kicked up another notch this week. Patent Quality Assurance, LLC, has filed a petition with the U.S. Court of Appeals for the Federal Circuit seeking a…
The court applied the parameters established in the Foreign Trade Antitrust Improvements Act to determine the proper scope of discovery of foreign documents in Sherman Act cases. In an antitrust case involving the pricing of chemicals used to make polyurethane foam, the Pennsylvania federal district court has granted the plaintiff purchasers’ motion to compel further interrogatory answers in part and has denied it in part, based on whether the information sought about foreign activities “has a…
The subject vehicle did not contain any design defect that could have been a producing cause of the driver’s injuries, the jury concluded. In an action brought against a truck manufacturer by a driver who sustained extensive injuries during a vehicle rollover, a federal jury in Texas found that there was no design defect in the vehicle at the time it left the manufacturer’s possession that was a producing cause of the driver’s claimed injuries. The driver had brought negligence, strict…
Beneficiaries of health benefit plans alleged that the administrator improperly developed and relied on internal guidelines that were inconsistent with terms of plans and with state-mandated criteria. After finding that beneficiary classes under ERISA-governed health benefit plans had standing to bring breach of fiduciary duty and improper denial of benefits claims against an administrator of the plans, the Ninth Circuit nonetheless reversed a district court’s judgment in favor of the…
“In their laws legalizing marijuana use, some labor-friendly states require employers seeking a license to operate in that industry to enter into a ‘labor peace agreement’ with a union concerning their employees.” The essence of t...
The agency is seeking to add a preliminary form to the intake process to help determine whether complaints are eligible for an OFCCP investigation. The Office of Federal Contract Compliance Programs (OFCCP) recently announced prop...
Commissioner Kristin Johnson discussed applying lessons learned in governance, risk management, and compliance to mitigate crypto-crises at the Digital Assets at Duke. CFTC Commissioner Kristin Johnson delivered a keynote address ...
The Senators asked the accounting oversight board to answer a set of questions about how it plans to ensure accounting firms aren’t conducting “whitewashed” audits. Elizabeth Warren (D-Mass), member of the Senate Banking and Finan...
Legislation that would establish guidelines for the collection and use of biometric data has been introduced in the Arizona state Senate. Among other things, SB 1238 would require that private entities develop a written policy mad...
A bill introduced in the Vermont state House this week would give consumers certain rights regarding the collection of their personal information. According to HB 121, on or after July 1, a data collector or broker that processes ...
The knee replacement system manufacturer plausibly alleges product disparagement with the insurer’s “experimental and investigational” policy statement. Concluding that knee replacement system manufacturer Conformis plausibly alle...
The FDA based the order on a finding that the individual was convicted of multiple felonies under Federal law for conduct relating to the regulation of a drug product under the FDC Act. The FDA denied a request for a hearing submi...
After reviewing requests, the FDIC has extended its comment period on its proposed rules for uses of FDIC signage. The Federal Deposit Insurance Corporation has announced an extension of the comment period for comments related to ...
To promote equal regulatory treatment, the Fed will generally require that state member banks engage as principal only in those activities permitted for national banks. The Federal Reserve Board has issued a policy statement clari...
The former attorney had copied more than ten thousand documents from the power company’s server before leaving the company, and his wife founded a competing company shortly thereafter. A renewable power company stated a claim of t...
But the Saudi company would be given a chance to replead its case for standing. The mere fact that a company was the subject of a trademark cancellation petition in its home country did not give it statutory standing to bring a si...
Unauthorized “derivative works” must undergo a “transformation” that distinguishes them from the original to sustain a copyright infringement claim, court holds. A copyright infringement claim against an Amazon seller who replaced...
Manufacturer had asserted that the product name "Hawaiian Sunscreen" precluded deception of a reasonable consumer because the product did not contain chemical compounds banned under Hawaii statute. The federal district court in Sa...
The court rejected all of the arguments for preemption because each one applied only to certain applications of the state laws. The federal district court in Oregon has held that certain provisions of Oregon’s Toxic-Free Kids Act ...
A proposal by the Commercial Vehicle Safety Alliance to remove the certification label requirement from the applicable federal motor vehicle safety standard would reduce the safety provided by the guards, according to the agency. ...