September 18, 2019

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FEATURED ARTICLES

Mental Health Care
Employers and retail giants alike are increasingly inserting mental health into the broader, public conversation around individual health care and... Read More >
Superfund cleanup EPA Recommendations
On September 9, EPA’s Superfund Task Force released its final report on recommendations to improve the Superfund program. This eighty... Read More >
Opioid MDL Judge Polster DQ Request
Eight drug retailers, distributors, and pharmacies (but no manufacturers) have asked Judge Dan Aaron Polster to recuse himself from presiding over... Read More >
Workplace Weapons Policy
In what has become an all-too-familiar headline, an individual who had recently been terminated from his job is responsible for the deaths of seven... Read More >
Insurance Litigation
What happens when an insurer presents evidence at trial that supports the insured’s case? Answer: The evidence can be used to sustain the jury... Read More >
EPA repeals WOTUS
On Thursday, September 12, EPA General Counsel Matt Leopold announced EPA’s final rule repealing the 2015 Waters of the United States (“... Read More >
E-Cigarette & Vaping FDA REgulation
On September 11, 2019 President Trump, along with HHS Secretary Azar and FDA Commissioner Sharpless, announced that the Food and Drug... Read More >
Privacy Law in Nevada
The Nevada Privacy of Information Collected on the Internet from Consumers Act (NPICICA) applies to operators of commercial websites and online... Read More >
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Earthjustice to Sue EPA
On September 3, 2019, Earthjustice filed with the U.S. Environmental Protection Agency (EPA) a ... Read More >
Retail Service Employee overtime DOL
The U.S. Department of Labor’s Wage and Hour Division (“WHD”) continues to issue guidance at a... Read More >
Federal Register Notice AI IP Issues
Artificial Intelligence (AI) is increasingly becoming important across a diverse spectrum of... Read More >
FDA Guidance Reconditioning Fish
The U.S. Food and Drug Administration (FDA) has issued draft guidance for industry, titled, “... Read More >
Endangered Species Act reforms
Long-sought reforms to Endangered Species Act (ESA) implementation have arrived. On August 27, 2019... Read More >

Federal Court News

Second Circuit on WIthdrawal liability

The withdrawal liability case of the year came to an anticlimactic end on Monday, September 16, 2019, as the Second Circuit docket sheet of New York Times Company v. Newspaper and Mail Deliverers' Publishers' Pension Fund...

Bingham v. HCA, Inc. False Claims Act

Bingham v. HCA, Inc., a recent Eleventh Circuit case, highlights the centrality of fair market value to Anti-Kickback Statute (AKS) analyses. This decision is significant for several reasons and we expect to see Bingham cited by...

Second Circuit Incoherent TCPA Ruling

In TCPAWorld, as elsewhere, courts are reluctant to second guess and discard arbitrator decisions, particularly where the parties stipulate to using the arbitral forum. That is unless the resulting arbitrated decision may be “in manifest...

Unitws States v. AseraCare Eleventh Circuit

“A mere difference of opinion between physicians, without more, is not enough to show falsity.”

In a 3-0 decision issued September 9, 2019, the U.S. Court of Appeals for the Eleventh Circuit...

Eleventh Circuit on TCPA ATDS

In many Telephone Consumer Protection Act (TCPA) cases, the sufficiency of a plaintiff’s allegations, particularly those concerning the defendant’s alleged use of an automatic telephone dialing system (“ATDS”), are tested at the pleadings stage...

State Court News

California AB 5

On September 10, 2019, the California Senate passed AB5, a sweeping bill to control the use of independent contractors in the...

California Delaware Restrictive Covenants

There are many notable east coast-west coast rivalries.  In sports (Celtics versus Lakers basketball), in leisure (Atlantic versus Pacific beaches), or in food (Shake Shack versus In-N-Out Burger), to name a few.  With respect to restrictive...

INTERNATIONAL LAW NEWS

UK Invasive Species Japanese Knotweed

This blog examines some of the latest developments in relation to the ongoing concerns over Japanese Knotweed and its hybrid forms.

“Bohemian Knotweed”

The...

EU Money laundering

A Modest Proposal

The European Union (“EU”) recently has grappled with a series of massive money laundering scandals and strategized about how to more effectively combat international money laundering and corruption. Generally,...

Bury Expulsion from EFL

Bury Football Club’s recent expulsion from the English Football League (“EFL”) was a very sad day for football. Bury was founded in 1885, had won two FA Cups and had just been promoted to EFL’s League One.

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