Alerts

The US Supreme Court on Tuesday decided a closely watched False Claims Act (FCA) case, Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, with important implications for companies confronting FCA claims.

The Court of Appeals for the Federal Circuit (Federal Circuit) recently reversed the Trademark Trial and Appeal Board’s (Board) refusal to register the mark PRETZEL CRISPS on the grounds that the mark is generic for pretzel crackers.

Recently reported data breaches and security gaffes have sent many companies scrambling to secure their data against security breaches and to obtain adequate insurance coverage in the event that such a breach occurs.

Pharmaceutical manufacturers could face a new line of attack related to Hatch-Waxman reverse payment settlement agreements (so-called, “pay-for-delay” settlements).

The Chairman of the U.S. Senate Committee on Health, Education, Labor, and Pensions recently started an investigation into whether agency “guidance” is being used as a means to impose obligations on the public while circumventing the formal rule making process. 

Health care lawyers are familiar with the term “underground rulemaking,” which refers to efforts by federal agencies to impose obligations on providers and suppliers informally, without using the processes required by law. That issue has recently attracted the attention of the US Senate. 

According to Lumber Liquidators’ most recent Securities and Exchange (SEC) disclosures, the US Department of Justice (DOJ) is pursuing criminal charges against the company under the Lacey Act (16 U.S.C. §§ 3371-3378) for allegedly importing products containing illegally harvested wood.

On May 7, 2015, 14 Spanish-speaking employees filed suit in California state court against their employer, Gate Gourmet for harassment and discrimination on the basis of national origin arising out of the alleged prohibited use of the Spanish language on the job.

In an important victory for employees, the en banc Fourth Circuit held that use of a racial slur twice within a 24-hour period could support Title VII hostile work environment and retaliation claims.

In an unpublished opinion filed on May 8, 2015, the US Court of Appeals for the Eleventh Circuit sent trade secret owners a strong reminder of the important role written confidentiality agreements play in protecting valuable intellectual property.

On May 5, 2015, the Bureau of Industry and Security and the Directorate of Defense Trade Controls issued proposed rules concerning the transfer of certain items from US Munitions List Category XII to the Commerce Control List as part of the President’s Export Control Reform Initiative.

Arent Fox LLP is proud to announce that, for the thirteenth year in a row, Health Care partner Linda A. Baumann served as editor-in-chief of a comprehensive desk reference focused on fraud and abuse for lawyers in the health care industry.

Arent Fox LLP is proud to announce the publication of a comprehensive and definitive book for health care industry leaders focused on risk management and litigation.

Starting May 13, 2015, applicants in the US who file a single industrial design application at the United States Patent and Trademark Office in English have the opportunity to obtain protection for up to 100 different industrial designs across 44 countries and intergovernmental organizations.

The Telephone Consumer Protection Act was enacted to protect consumers from abusive telemarketing practices by making it unlawful to initiate unsolicited telemarketing messages.

Congress has considered a number of bipartisan efforts to amend the Toxic Substances Control Act and reform the manner in which the EPA regulates the distribution and use of chemical substances that EPA determines pose an “unreasonable risk to health or to the environment.”

Automotive suppliers should take note that California’s Proposition 65 now imposes a duty on suppliers to warn consumers about risks associated with exposure to several plasticizers or softeners added to certain soft plastics that are commonly used in automotive products.

A unanimous U.S. Supreme Court issued a blow to the EEOC by ruling that a court may enforce the Equal Employment Opportunity Commission’s (EEOC) mandatory duty to conciliate discrimination claims before filing suit.

On April 14, 2015, Maryland Gov. Larry Hogan (R) signed into law a measure that extends the applicability of the state’s anti-discrimination laws to unpaid interns.

California has a strong public policy favoring trial by jury, and since California Supreme Court’s decision in Grafton Partners, L.P. v. Superior Court, 116 P. 3d 479 (2005), contractual pre-dispute jury trial waivers have been held invalid in cases unless otherwise expressly authorized by statute.

Chief Judge Leonard P. Stark of the District Court for the District of Delaware reversed and remanded the decision of the Bankruptcy Court which approved a Bankruptcy Rule 9019 settlement that Judge Stark concluded had been inadequately noticed under the circumstances.

This is the third installment from Birgit Matthiesen for a planned series of cross-border trade updates.

Technological advances make it easier than ever to purchase tickets for live sporting events via secondary ticket exchange. These advances create intense competition in the secondary ticket exchange business, as companies seek to capture revenue from fees.

The US Department of Health and Human Services Office of Inspector General, the Association of Healthcare Internal Auditors, the American Health Lawyers Association, and the Health Care Compliance Association jointly released an educational resource for governing boards.

Chief Judge Cecelia G. Morris of the Bankruptcy Court for the Southern District of New York decided that banks may not place an administrative freeze, even a temporary one, on the bank account of an individual who files for bankruptcy.