Alerts

The concept of standing – that a plaintiff must have suffered a concrete injury in order to bring a lawsuit – is a bedrock legal principle. But, like so many other fundamental legal concepts, the rise and importance of the internet and digital commerce has consistently complicated its application.

US Customs and Border Protection has been directed by Congress to be much more aggressive in policing antidumping and countervailing duty orders.

Earlier this week, the US House approved a bill by an overwhelming majority that will significantly reform the 40-year-old Toxic Substances Control Act.

On April 27, 2016, the Centers for Medicare & Medicaid Services published a proposed rule that, among other things, would eliminate the 0.2 percent inpatient payment reduction resulting from the “2-Midnight Rule.”

In an international arbitration administered by the Permanent Court of Arbitration, an arbitral tribunal rejected Philip Morris International Inc.’s effort to challenge Australia’s “Plain Packaging” law for tobacco products on grounds of treaty shopping.

Last week, the International Trade Commission issued its report on the Trans-Pacific Partnership’s overall impact on US trade.

New provisions in the Trade Facilitation and Trade Enforcement Act of 2015 arm the government with new enforcement tools that rights holders can use to bolster intellectual property right (IPR) protection, especially for semiconductor components.

The US Department of Labor has issued much-anticipated final regulations making changes to overtime exemption requirements under the federal Fair Labor Standards Act (FLSA).

On Wednesday, the US International Trade Commission (ITC) released its economic assessment of the Trans-Pacific Partnership, predicting small rises in US employment, GDP, and exports as a result of the agreement over the next 15 years.

On April 26, 2016, United States Steel Corporation filed a massive trade case accusing Chinese steel producers and their distributors of conspiring to fix prices, steal trade secrets and use false labeling to avoid trade duties.

The Office for Civil Rights (OCR) recently began its second round of audits of covered entities and business associates for compliance with the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule (the “Phase 2” audits).

On Monday, the US Supreme Court sent a potential class action case back to the Ninth Circuit for reconsideration, marking an intermediary win for Spokeo Inc., which uses a “people search engine” to find, compile, and sell publicly available personal information.

Starting January 1, 2017, larger employers with employees working in San Francisco will have to provide employees with paid parental leave to bond with a new child. On July 1, 2017, the ordinance expands to cover smaller employers.

The California Office of the Attorney General (OAG) recently released a report detailing a comprehensive analysis of the data breaches reported to the OAG between 2012 and 2015.

FDA announced Tuesday that it will begin reevaluating how it regulates the use of the term “healthy” on food labeling.

The Federal Trade Commission recently issued warning letters to companies whose mobile applications contain cutting-edge software that can monitor consumers’ television viewing habits.

The legally mandated paid sick leave landscape is ever-changing, with new leave laws and legislation developing at the state, federal, county, and city levels.

On May 6, 2016, CMS published in the Federal Register a request for comments on proposed revisions to the information to be collected pursuant to the CMS Voluntary Self-Referral (Stark) Disclosure Protocol (SRDP).

Last September, we published an alert warning retailers of a looming expansion in the reach of Title III of the Americans with Disabilities Act that would impose requirements on e-commerce websites to make themselves more accessible to users with a wide variety of disabilities.

In fact, the House passed the DTSA by a vote of 410-2 on April 27, 2016, and today, May 11, President Obama signed it into law. The DTSA is codified at 18 U.S.C. 1836(b).

In March 2012, the Centers for Medicare & Medicaid Services (CMS) enhanced its Medicare enrollment screening for new and existing enrollees to the Medicare program. Providers not meeting CMS’s enhanced enrollment screening risk denial, revocation, or deactivation of Medicare billing privileges.

The FTC final order against a video game marketing company highlights that advertising partners must monitor influencer disclosures and performance.

Texas Health and Human Services Commission (HHSC) has finally issued final regulations transitioning to the use of the National Average Drug Acquisition Cost (NADAC) to establish Medicaid ingredient cost reimbursement instead of utilizing manufacturer-reported prices.

The Defend Trade Secrets Act of 2016 was voted and approved on April 27, 2016 and is now on its way down Pennsylvania Avenue to the President’s desk for signing.

FDA recently issued its final guidance on restaurant menu labeling intended to help restaurants and similar retail food establishments understand nutrition labeling requirements under the Federal Food, Drug, and Cosmetic Act that may apply to them.