Alerts

Headlines that Matter for Companies and Executives in Regulated Industries

The US Department of Justice (DOJ) recently announced charges in a billion-dollar health care fraud scheme involving telemedicine and the provision of allegedly unnecessary durable medical equipment (DME) to Medicare beneficiaries. 

On April 8, 2019, the USTR announced that it is initiating an investigation under Section 301 of the Trade Act of 1974 to enforce the rights of the United States in the WTO dispute involving subsidies provided to the large civil aircraft industry by the European Union.

In separate decisions, a federal district court in Alaska recently struck down two Trump Administration efforts to roll back President Obama’s environmental initiatives.

On April 15, 2019, the Supreme Court of the United States will hold oral arguments on Iancu v. Brunetti. The case will decide if the “immoral” and “scandalous” clauses of Section 2(a) of the Lanham Act violate the free speech clause of the First Amendment. Section 2(a) currently permits the USPTO to

As of April 10, 2019, businesses victimized by data breaches must comply with heightened requirements under the newly-amended Massachusetts data breach notification law, Mass. Gen. Laws Ch. 93H, §§ 1, et seq. 

The US Federal Trade Commission announced recently that it will hold a public workshop on August 7, 2019, to examine consumer protection issues related to video game “loot boxes.”

A recently dismissed class action is a good reminder to companies that any changes to return, exchange, or warranty policies cannot be retroactively applied to purchases made before the policy changes are implemented.

An arbitration brought by Petróleos de Venezuela (PDVSA) against Petróleos Paraguayos (Petropar), filed in July 2016 before the Paris-based International Court of Arbitration of the International Chamber of Commerce (ICC), has been temporarily suspended.

The Massachusetts Department of Family and Medical Leave recently released an implementation timeline for the new paid family and medical leave program, revised draft regulations, and a series of “toolkits” to assist employers and workers with their preparations for the new benefit.

Under Section 301 of the Trade Act of 1974, the President has the authority to impose tariffs on imports to counter trade practices that the US Trade Representative finds either to violate or conflict with a trade agreement or to burden or restrict US commerce unjustifiably.

On April 3, 2019 the staff of the Securities and Exchange Commission issued its first no-action letter stating that it would not recommend enforcement action if an issuer publicly issued tokens without registration under the Securities Act or the Securities Exchange Act.  

Companies have been hearing about a potential shut down of the US-Mexican border and we have compiled the latest information available.

It’s not uncommon for an employee to perform work for an employer — A — that simultaneously benefits another person — B. 

When California enacted SB 327 last year, it became the first state to regulate Internet of Things (IoT) devices, which refer to physical devices that are connected to the internet.

The Action Plan is intended to clarify the agency’s science- and-risk-based approach to regulating such products with the stated goals of fostering innovation, enhancing public communication and outreach, and increasing coordination between FDA and its federal and international counterparts.

Section 307 of the Tariff Act of 1930 (19 U.S.C. § 1307) prohibits the importation of merchandise mined, produced or manufactured, wholly or in part, in any foreign country by forced or indentured child labor – including forced child labor.

In two recent memoranda, NLRB General Counsel Peter Robb has clarified the standards to be used by the Board’s Regions in evaluating cases alleging that a union breached its duty of fair representation.

On March 20, 2019, the U.S. Securities and Exchange Commission (SEC) adopted amendments to modernize and simplify Regulation S-K’s disclosure requirements and related rules and forms, as required by the Fixing America’s Surface Transportation (FAST) Act.

Overriding the veto of Republican Governor Larry Hogan, the Maryland House of Delegates and Senate voted for Maryland to become the sixth state to adopt a $15 minimum wage. Governor Hogan had vetoed the bill because he claimed it would result in job losses and hurt small businesses. The House voted

As a matter of first impression, the US Court of Appeals for the Fourth Circuit recently held that the government’s decision to decline to intervene in a civil False Claims Act suit brought by a private relator does not preclude the government from bringing criminal fraud charges against the same de

Late last year, the US Department of Education proposed a rule that the Trump Administration says “takes the important and historic step of defining sexual harassment under Title IX.”

Strategic in-house counsel and court-watchers are keeping a close eye on developments related to the U.S. Supreme Court’s recent commitment to further address deference to administrative interpretation of regulations, a fundamental legal principle central to the regulated community.

In a groundbreaking decision, the Occupational Safety and Health Review Commission on March 4, 2019 ruled for the first time that the Occupational Safety and Health Act’s (OSH Act) general duty clause obligates employers to protect their workers from workplace violence.

While you were busy chipping away the snow and ice from the latest winter storm, the New York legislature proposed legislation that may chip away at an anti-rebating law that has hindered many insurtechs.