Earlier this month, the federal Medicare Fraud Strike Force charged more than 100 people for their roles in an alleged $452 million false billing scheme. It was an important victory for authorities, and reflects the Obama administration’s increased efforts to combat fraud in the Medicare program. The latest arrests are part of broader effort to… Read more
For your convenience, recent legal advisories on a broad range of corporate issues related to doing business in and with China: China’s Anti-Monopoly Law Makes it Easier to Sue in Cases of Anti-Competitive Conduct (McDermott Will & Emery) “Recently, the Supreme People’s Court of China issued final rules to build a working framework for civil… Read more
Federal regulators are stepping up their enforcement of the Health Insurance Portability and Accountability Act (HIPAA), as a recent $100,000 fine levied on Phoenix Cardiac Services demonstrates. From law firm Mintz Levin: “The settlement reaffirms OCR’s commitment to enforcing the Privacy and Security Rules, and its willingness to sanction covered entities for HIPAA violations.” (The… Read more
On May 4, 2012, a Federal Circuit panel issued a decision that narrowed the conditions under which plaintiffs can include multiple unrelated defendants in claims of patent infringement. The ruling, which only applies to lawsuits filed before the America Invents Act took effect in September 2011, blocks joinder in multi-defendant patent infringement cases where the… Read more
First Brinker, now Kirby? The California Supreme Court recently gave employers in the state what could amount to another break on meal and rest break disputes. In Kirby v. Immoos Fire Protection, the Court held that attorney’s fees may not be awarded under the California Labor Code to a party that prevails on a claim… Read more
What’s on your mind? Human trafficking, online advertising, corporate bribery, and legal issues for nonprofits, among other things. For your reference, here’s a look at the most-read Corporate Law Report posts over the past month: 1. California Transparency in Supply Chains Act Takes Effect January 1, 2012 “The California Transparency in Supply Chains Act of… Read more
On April 17, 2012, the U.S. Environmental Protection Agency published its long-awaited new emission standards for the oil and gas industry. The rules represent the federal agency’s first attempt to regulate emissions that escape into the air during the hydraulic fracturing, or fracking, process. For your reference, five takeaways: 1. The EPA believes compliance will… Read more
What’s news in Intellectual Property? A lot, actually. For your reference, here’s a quick snapshot of some of it: IP-Intensive Industries Contribute $7Trillion to the U.S. Economy: “A report prepared by the Economics and Statistics Administration and U.S. Patent and Trademark Office shows that IP-intensive industries support tens of millions of jobs and contribute several… Read more
The Volcker Rule (an aspect of the Dodd-Frank Act that requires banks to stop trading with their own money) goes into effect on July 21 of this year – and yet: important questions remain unanswered. Not the least of which: will banks be required to end proprietary trading this July? Or, can they continue until… Read more
[Video: Robert Pickel of ISDA Discusses Dodd-Frank & the Global Picture for OTC Derivatives - MarkteReformsWiki] For your convenience, here’s a quick Friday roundup of recent advisories and alerts to do with various legal developments in the financial services realm. The updates cover a range of topics and, starting with the excellent video interview above,… Read more
In early April 2012, President Obama signed into law the Jumpstart Our Business Startups (JOBS) Act, which significantly eases restrictions on startups and emerging growth companies seeking access to US capital markets. But startups and small businesses aren’t the only ones who stand to benefit from the JOBS Act. The Act also contains a number… Read more
“According to Chairman Jon Leibowitz, the FTC will continue to scrutinize hospital mergers that could limit patient choice… Based on Chairman Leibowitz’s comments, aggressive and resource-intensive challenges to hospital mergers … are likely to continue.” (Healthcare Tops the Agenda of U.S. Antitrust Enforcers by Morgan Lewis) Hospital mergers are on the rise, and the Federal… Read more
The California Transparency in Supply Chains Act, which requires certain companies doing business in the state of California to report on their efforts to eliminate slavery and human trafficking from their supply chains, went into effect on January 1, 2012. The law requires retailers and manufacturers with more than $100 million in annual gross receipts… Read more
The Commodity Futures Trading Commission (CFTC) continues to move forward with regulatory changes mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act. For your reference, here’s a roundup of recent rules and revisions from the CFTC: Final Rules Defining Swap Dealers and Major Swap Participants CFTC and SEC Define “Swap Dealer” and “Major… Read more
On April 17, 2012, the Supreme Court ruled in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S that generic drug makers can sue brand-name drug makers when the latter claim exaggerated descriptions of indications covered by their patented drugs. The Food and Drug Administration has historically allowed brand-name drug makers to write their own descriptions… Read more