Alerts

The Ninth Circuit held that a bankruptcy court may not designate claims (i.e. disqualify claims for plan voting purposes) for bad faith under 11 USC § 1126(e)

Earlier this week the Court of Justice of the European Union, the EU’s highest court, issued a decision clarifying whether the EU would regulate products of innovative breeding techniques, like gene editing, under the EU’s Directive 2001/18, the principal EU law governing the regulation of GMOs.

On July 24, 2018, the House of Representatives approved 283-132 a bill (H.R. 184, the Protect Medical Innovation Act of 2017) to repeal the excise tax on the sale of a medical device by the manufacturer, producer, or importer.

In WesternGeco LLC v. ION Geophysical Corp., the Supreme Court recently held that patent holders can recover lost foreign profits for patent infringement under 35 U.S.C. § 271(f).

The Third Circuit recently affirmed the enforceability of “anti-assignment” provisions in ERISA health plan documents.

In a decision that all hospitals should be aware of, on July 9, 2018, the Tenth Circuit reversed a lower court’s dismissal of a False Claims Act case against a physician and two hospitals based on allegations that the physician’s procedures were not medically necessary or reasonable.

California recently announced policy drawing lines between permitted and prohibited sources of cannabinol in products intended to be eaten.

Following the US Supreme Court’s narrow ruling in Carpenter v. United States, 585 US ___ (2018) questions have arisen regarding whether this interpretation would remain limited or be expanded in future privacy disputes that came before the High Court.

Most US and multi-national corporations are quick to say, “we don’t do business with North Korea.” However, some companies will recognize the risk of sourcing products from businesses located outside North Korea that may use North Korean overseas workers or subcontract to North Korean companies. The

In March 2016, the US Department of Labor issued its “Persuader Rule,” reversing a decades-old interpretation of the Labor Management Reporting and Disclosure Act : Under the old interpretation, personal interactions with employees done by employer consultants trigger reporting obligations.

At first glance, one might conclude that the U.S. Supreme Court’s decision in South Dakota v. Wayfair would have an immediate impact only on those out-of-state vendors that sell goods and services into South Dakota.

The Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Part B for CY 2019 Proposed Rule (the Proposed Rule) is scheduled to be published in the Federal Register on July 27, 2018.

Nurses, home health aides, personal care attendants, and other home healthcare providers have enabled countless clients to remain in their homes and avoid institutionalization.

On July 18, 2018, Secretary of Commerce Wilbur Ross announced the initiation of a Section 232 investigation into the impact of uranium imports on America’s national security.

With its decision in South Dakota v. Wayfair, the US Supreme Court substantially eliminated the distinction between brick-and-mortar business and e-commerce, for purposes of state laws obligating sellers to collect and remit sales taxes.

On Friday, July 13, 2018, the California Office of Statewide Health Planning and Development (OSHPD) posted proposed regulations implementing California’s drug price transparency law.

As the most recent state to address the issue of what to do with unused medications, on July 10, 2018, New York Governor Andrew Cuomo signed the Drug Take Back Act (the Act).

Immigration officials have been dramatically increasing inspections in California in 2018 at workplaces ranging in size from small convenience stores to large agricultural operations.

The United States Department of Agriculture and the Food and Drug Administration have recently initiated processes to evaluate and propose revisions to their approaches to the regulation of products of agricultural biotechnology.

On July 11, 2018, the House Energy and Commerce Subcommittee on Communications and Technology held a hearing titled “Protecting Customer Proprietary Network Information in the Internet Age.”

On July 6, 2018, the implementation day for the Section 301 “List 1” duties, the United States Trade Representative released the procedures for filing exclusion requests for List 1 products subject to the 25 percent tariff pursuant to Section 301 of the Trade Act of 1974.

The association between the alcohol beverage and cannabis industries continues to grow. Dan O’Neill, a former CEO of Molson Brewery and past senior executive at Campbell Soup Company and H.J. Heinz, has recently joined the board of CannaRoyalty.

On June 28, 2018, the Securities and Exchange Commission (SEC) voted to amend the definition of “smaller reporting company” to allow more companies to use the scaled disclosure requirements available to smaller reporting companies.

The Supreme Court of the United States recently tackled privacy in the mobile age and agreed that cell phone location is something that is protected.

Within hours of its unanimous passing in both the California State Senate and Assembly, Governor Jerry Brown signed the strongest online privacy law in the country, the California Consumer Privacy Act of 2018.