Aetna, CVS Health, CVS Pharmacy and associated parties have been served with an antitrust class action this week. The lawsuit accuses CVS Caremark of deliberately restricting independent pharmacies from accessing its network of Medicare Part D beneficiaries unless they agree to pay substantial fees, colloquially referred to as ‘DIR Fees’. This move, considered unprecedented, targets…
The Centers for Medicare & Medicaid Services (CMS) has made strides towards simplifying the enrolment and eligibility procedures for the Medicare Savings Programs. This move is set to benefit individuals with restricted earnings wanting to register and renew subscriptions for Medicare Savings Programs (MSPs). This development came into effect on September 21, ensuing the final…
In the light of rapidly growing interest and developments concerning generative AI-powered applications, the US Copyright Office has issued a notice of inquiry and request for comments to delve into the potential impact of this innovative technology on the basic principles of copyright law. This notable call for comments touches upon some hotly debated issues…
The legislative session in California recently concluded and employers in the state are now awaiting decisions regarding the implementation of potentially transformative legal provisions. A collection of new laws are currently being evaluated and await Governor Newsom’s crucial signature or veto. This report highlights some of these proposed laws employers should be aware of. This…
In a notable shift of focus, the U.S. Securities and Exchange Commission (SEC) has recently levied anti-money laundering (AML) related charges against certain entities in the financial sector. The charges target both individuals and organizations, underlining the SEC’s commitment to comprehensive AML enforcement. One significant case involves a registered representative who has been charged for…
In a notable development, the Supreme Court has agreed to address an ongoing disagreement across circuits concerning the nature of disclosures that companies must provide as per a rule of the U.S. Securities and Exchange Commission (SEC). The decision comes as the Supreme Court accepted to consider a challenge to a ruling by the Second…
On September 28, 2023, Eastman Kodak Company, the Petitioner, filed a petition for the imposition of antidumping duties on Aluminum Lithographic Printing Plates from China and Japan. Additionally, it called for the imposition of countervailing duties on the same goods originating from China. Antidumping duties are additional tariffs imposed by the importing country on goods…
On September 27, 2023, the U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance issued guidelines concerning its anticipated operations during potential government shutdowns, according to an announcement from the Division. This guidance aligns with previous recommendations offered by the Division in preparation for past government shutdown instances. Although the details and full text…
In a recent development, eleven Democratic Attorneys General have urged Congressional leaders to ensure the Inflation Reduction Act (IRA) is sheltered from impending budget cuts. A letter to this effect highlights substantial apprehension that a reduction of IRA funding could adversely affect a multitude of programs. Key among these are those designed to assist not…
On September 28, 2023, a substantial piece of legislation was agreed upon amidst the governing bodies and labor unions of California. Governor Newsom made the decision to sign Assembly Bill (AB) 1228, thus cementing the agreement that had been struck between business and labor towards the beginning of September regarding the FAST Recovery Act. This…
With the rapid growth of Artificial Intelligence (AI) in various sectors, the world of Biglaw is not far behind. Evidence of this comes from a comprehensive 2023 tech survey recently released by the International Legal Technology Association (ILTA). The survey includes valuable input from 532 law firms representing around 155,452 attorneys. A striking revelation in…
In a recently released Strategic Enforcement Plan for 2024-28, the U.S. Equal Employment Opportunity Commission (EEOC) outlined its key priorities, or the “not-so-sweet six,” that will gain increased attention in upcoming years. This information proves to be crucial for legal professionals and corporations as it offers a helpful preview of potential challenges that might trigger…
In what appears to be a trend, the 5th Circuit Court has once again placed a law into immediate effect despite it having already been ruled unconstitutional by a district court. This move came without any explanation as to why the appeals court would disregard the detailed reasoning provided by the district court judges arguing…
US District Judge Tanya Chutkan has denied the motion filed by former US President Donald Trump for her recusal from his pending criminal case on allegations of bias. Mr. Trump, who had requested the judge’s removal earlier this month, based his claim on comments she had made during the sentencing of two rioters from the…
On September 27, 2023, the staff of the Securities and Exchange Commission’s (SEC’s) Division of Corporation Finance issued a new set of Compliance & Disclosure Interpretations (C&DIs) pertaining to the pay-versus-performance (PVP) disclosure rules that had been adopted the previous year. This action supplements another set of 15 C&DIs on the same subject that was…
In what is becoming a consistent focus in legal discussions, the False Claims Act’s (FCA) materiality requirement has once again landed under the spotlight. This was the case in a pivotal decision made recently by the Third Circuit Court of Appeals. The requirement’s interpretation, as originally articulated by the U.S. Supreme Court in Universal Health…
Under a new benchmarking program initiated by the New Jersey Board of Public Utilities (BPU), beginning October 1, 2023, reporting energy and water use will soon be a requirement for substantial commercial property owners. All owners or operators of commercial properties over 25,000 square feet in New Jersey will need to log their energy and…
The second day of the Mobile World Congress (MWC) featured a key panel, hosted by CTIA, titled “Promoting Security in a 5G World.” The panel conversation was primarily centered on the ongoing efforts from regulators to secure the expansive and ever-changing cybersecurity ecosystem, and how the wireless industry is plotting its response to these developments….
Law professionals are no strangers to risk management, and in today’s interconnected and increasingly digital world, cybersecurity has rapidly cemented itself as a critical area of consideration. However, is your organization’s cybersecurity and incident response plan resilient enough to weather a storm such as a ransomware attack? Let’s uncover some lessons gleaned from the notorious…
In an escalating legal development, The Federal Trade Commission (FTC) has recently initiated a lawsuit against two entities: the U.S. Anesthesia Partners, Inc. (USAP) and a private equity company identified as Welsh, Carson, Anderson & Stowe XI, L.P. along with its affiliated entities (collectively referred to as Welsh Carson). The crux of the lawsuit is…
In any legal proceeding, it’s natural to wonder about the perspective of the multiple players involved: Judges, opposing counsel, and yes, even your major opposition – your spouse’s lawyer. The question may seem unusual, but it’s a common curiosity. JD Supra’s publication, emanating from Fox Rothschild LLP, delves into this peculiar question that often arises…
In a move attracting substantial attention within the music industry and the legal fraternity, the U.S. Supreme Court on Friday decided to take under consideration an appeal lodged by a music publisher. The appeal surrounds a previous court verdict, which maintained that an artist wouldn’t be barred by any limitations statute from reclaiming additional damages…
In a significant decision that is causing waves in both the creative and legal fields, a US court recently ruled that a Lego creation, inspired by religious texts, can indeed be eligible for copyright protection. The case in question was JBrick, LLC vs Chazak Kinder, Inc. et al, 1-21-cv-02883 (EDNY Sep. 21, 2023) (Hector Gonzalez),…
In a recent move to make life more affordable for Canadians, the Minister of Finance introduced Bill C-56. This bill effectively outlines the proposed amendments to the Competition Act. These changes primarily encompass new market study powers, repeal of the efficiencies defense for mergers, and expansion of powers to challenge a broader set of agreements…
In several states, typically the obligation to provide child support does not extend beyond either the age of 18 or the child’s graduation from high school. However, Washington showcases a different approach. In Washington, a parent has the legal right to submit a petition to extend child support after the child reaches the age of…