Insights on Complex Litigation

On December 29, 2016, the US Court of Appeals for the Fifth Circuit unanimously vacated two citations levied against Delek Refining Ltd. by the US Department of Labor’s Occupational Safety and Health Administration.

Arent Fox LLP is pleased to announce the election of five new partners and two new counsel, effective January 1, 2017.

Arent Fox litigation partner James Hulme was a guest on C-SPAN on Monday, December 19 to talk about the recent calls to end the country’s reliance on the Electoral College when determining the outcome of US presidential elections and instead base results on the popular vote.

The US Attorney’s Office for the District of New Jersey recently announced an agreement with BioTelemetry Inc. to settle allegations that its recently-acquired subsidiary, MedNet, Inc., violated the Anti-Kickback Statue and False Claims Act by improperly inducing health care providers to use the com

Last month, the president of the American Bar Association appointed Complex Litigation partner Ralph Taylor to the Federal Circuit seat on the American Bar Association’s Standing Committee on the Federal Judiciary.

From large corporations to small nonprofits, from urban centers to rural communities, the 2016 elections will have an impact across all sectors of the economy and globally as well.

On November 1, 2016, the Supreme Court heard argument in a False Claims Act case in which the defendant sought dismissal of a qui tam action after the whistleblower violated the FCA’s seal requirement and publicly disclosed the complaint.

At its monthly Open Meeting on October 27, the Federal Communications Commission adopted, but has not yet released, new privacy rules requiring retail broadband providers to offer consumers more choice over how their personal information is used.

Latinvex has rated Arent Fox a top international law firm for companies operating in Latin America. In addition, the publication named Arent Fox one of the best firms for Latin American businesses in need of arbitration, FCPA and fraud counseling.

On September 16, Arent Fox secured a favorable verdict for Lei Luo and LDJ Investments, Inc. following a week-long jury trial in the Superior Court of California County of Los Angeles.

Recently another federal district court ruled that text messages sent from a group messaging platform were not autodialed, even when transmitted in bulk, because of the significant human intervention required to initiate a text message campaign through the platform.

On September 22, 2016, the Supreme Court of Florida held that Florida law bars challenges to the validity of life insurance policies based on a lack of insurable interest once Florida’s two-year contestability period has expired.

Kindred Healthcare, Inc., the country’s largest provider of post-acute care, recently paid over $3 million for violating its Corporate Integrity Agreement, the largest issued for a violation of a CIA to date.

Long lines and waiting for security inspections are the new normal not only at airports and stadiums, but also at office buildings and theatres—just to name a few places.

In a ruling that could, if adopted by other courts, expose all pharmaceutical discount and rebate arrangements to anti-kickback liability, on August 23, 2016, Judge Rya Zobel in the United States District Court for the District of Massachusetts denied Omnicare, Inc.’s motion for summary judgment.

Life science companies, health care providers, and government contractors will be at risk for significantly larger penalties due to substantial increases to False Claims Act (FCA) penalties and civil monetary penalties (CMPs).

Non-profit organizations that utilized tax-exempt bonds to finance their facilities have, since 1997, been confronted with somewhat complex and highly formulaic Federal tax rules governing how they may engage third parties to manage their facilities, commonly known as the Management Contract Rules.

Forty-two Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2017.

In a surprising and promising development, the Senate Finance Committee released a Majority Staff Report on June 30, 2016 that gives the health care industry some hope that Congress may finally address some of the serious concerns with the implementation and enforcement of the Stark law.

In St. Paul Mercury Insurance Company v. Tessera, Inc., the federal court held that a lawsuit against an insured alleging a breach of a license agreement did not constitute a violation of an intellectual property right.

In the newly implemented Regulation Crowdfunding rules, the SEC identified intermediaries as the gatekeepers through which all investments must pass.

Manufacturers were reminded recently why resale price maintenance policies can be risky.

The SEC has just revolutionized private financing with Title III crowdfunding regulations implemented last month, opening the investment landscape to a relatively untapped market - nonaccredited investors - and harnessing the power of online advertising and social media.