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)
The General Data Protection Regulation, commonly referred to as the "GDPR," has been in force for only two months now, but it appears to have already claimed a casualty.
On July 24, 2018, the United States Court of Appeals for the Fourth Circuit denied the State of Maryland’s petition for an en banc rehearing of the Fourth Circuit’s April 13, 2018 decision in the matter of Association of Accessible Medicines v. Frosh.
Last week, a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit unanimously rejected challenges by environmental and industry groups to the Environmental Protection Agency’s (EPA) Clean Water Act (CWA) cooling water intake structure permit rule (Rule)
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).
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.
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.
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.
Nurses, home health aides, personal care attendants, and other home healthcare providers have enabled countless clients to remain in their homes and avoid institutionalization.
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.
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 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.
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.
