CFPB's Unilateral Power Structure Held Unconstitutional
10/24/16
By: Kristian N. Smith
After more than five years of heavy regulation and enforcement targeting financial institutions and the automotive industry, the Consumer Financial Protection Bureau (CFPB) faces a new hurdle. Last week, the D.C. Circuit Court of Appeals ruled …
A New Ruling in the SawStop vs. Bosch Lawsuit
10/24/16
By: Daniel A. Nicholson
A favorable court ruling should be giving SawStop some confidence in its ongoing patent dispute with Bosch concerning the sale of Bosch’s REAXX table saws, but it doesn’t mean that REAXX customers will be left in …
Georgia Utility Update – September 2016
9/30/16
By Robert B. Baker
PSC Approves An Additional 1,600 Megawatts (“MW”) of Renewable Energy by 2021
The Georgia Public Service Commission’s recent Integrated Resource Plan (“IRP”) decision provides for the development of an additional 1,600 MW of renewable energy in …
FDA’s Draft Guidance on When to Submit A 501(k) Bolsters Potential for Medical Device Manufacturers to Argue that State Tort Claims are Impliedly Preempted
9/8/16
By: Michael Bruyere and Amanda Hall
On August 8, 2016, the FDA issued draft guidance on “Deciding When to Submit a 510(k) for a Change to an Existing Device.” Current regulations provide that a manufacturer of a medical device must …
U.S. Supreme Court to Decide Whether to Review Eighth Circuit Decision Holding that Obesity is Not a Disability Under the ADA
9/1/16
By: Barry Brownstein
This past week the Supreme Court of the United States was asked to review the April 5, 2016 decision of the Eighth Circuit that held obesity is not a disability under the Americans with Disabilities Act (“ADA”). …
DOJ Nearly Doubles False Claims Act Penalties, Increasing Risk of Litigation and Potential Liability
8/30/16
By: Michael Wolak III
On June 30, 2016, the Department of Justice (“DOJ”) issued an Interim Final Rule that nearly doubles civil penalties for False Claims Act (“FCA”) violations. The FCA is a federal law that prohibits anyone from submitting …
OCR Casts a Wider Net on HIPAA Breaches
8/29/16
By: Agne Krutules
Under the Health Insurance Portability and Accountability Act (HIPAA), covered entities and their business associates have duties under the Privacy Rule and the Security Rule to protect patient health information. The U.S. Department of Health and Human …
Amendment to Labor Code Section 226 Itemized Wage Statement Requirements Provides Welcome Relief – and some hope – to California’s High Tech Industry
8/22/16
By: Dennis Strazulo
On July 22, 2016, Governor Brown approved Assembly Bill 2535 (AB 2535) to amend California Labor Code section 226. The amendment provides much-needed narrowing of the statute’s current requirement that an employer include hours worked on itemized …
Is Florida’s Notice and Repair Process a Suit? Eleventh Circuit Asks Florida Supreme Court to Weigh In
8/22/16
By: Bart Gary and Tim Holdsworth
Earlier this month, in Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Co., the Eleventh Circuit certified to the Florida Supreme Court the question of whether Florida’s statutory notice and repair process constitutes …
How to Prevent Your Own Millennium Tower Slump
8/18/16
By: Daniel A. Nicholson
The affluent inhabitants of San Francisco’s Millennium Tower may be experiencing a sinking feeling as the first lawsuits concerning the tower’s reported sixteen inch drop and two inch tilt were filed last Tuesday. Residents claim that …
FDA Continues to Fight the First Amendment But Facteau Deals Another Blow
8/18/16
By: Kristian Smith
Last month, a federal jury in Massachusetts acquitted two executives of medical device company Acclarent, Inc. of 14 felony counts of fraud related to off-label promotion of Acclarent’s “Stratus” device. United States v. Facteau, et al. stemmed …
Ninth Circuit Issues Two Significant FDCPA Rulings To Debt Collector Law Firms
8/18/16
By: Bill Buechner
The Fair Debt Collection Practices Act requires that debt collectors send a notice to the consumer containing certain required disclosures, either in the “initial communication” with the consumer in connection with the collection of a debt or …