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Bingham McCutchen LLP Costa Mesa, CA Document Search Results (7) Sort by:  | The Federal Preemption Defense for Generic Drug Manufacturers May Be Short Lived
Jason H. Anderson, Robert C. Funsten; Bingham McCutchen LLP;
Legal Alert/Article April 4, 2012, previously published on April 3, 2012 In a 5 — 4 decision last year, the United States Supreme Court held in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011) that the Hatch-Waxman Amendments to the federal Food, Drug and Cosmetic Act preempt state law failure to warn claims brought against manufactures of generic drugs. The...
| | The FTC Calls on Companies to Act Now to Implement Best Practices to Protect Consumers’ Private Information
Jason H. Anderson; Bingham McCutchen LLP;
Legal Alert/Article April 2, 2012, previously published on March 30, 2012 In December 2010, the Federal Trade Commission ("FTC") issued a preliminary staff report that proposed a framework for protecting consumer privacy and urged companies to adopt a set of best practices to protect consumer privacy. Since that time, the FTC has received more than 450 public...
| | The FTC Issues a Warning to Developers and Distributors of Kids’ Apps Regarding Privacy/Data Collection Disclosures
Jason H. Anderson; Bingham McCutchen LLP;
Legal Alert/Article February 24, 2012, previously published on February 22, 2012 The Federal Trade Commission (FTC) recently published a Staff Report entitled “Mobile Apps for Kids: Current Privacy Disclosures are Dis app ointing” (the “Report”). The Report summarizes a recent survey created and conducted by the FTC which concluded that current...
| | Ninth Circuit Court of Appeals Creates Further Split Among Circuit Courts Regarding Prerequisites to Invoking Fraud-on-the-Market Presumption at Class Certification
Todd E. Gordinier, Craig A. Taggart; Bingham McCutchen LLP;
Legal Alert/Article December 7, 2011, previously published on December 5, 2011 In Connecticut Retirement Plans and Trust Funds v. Amgen Inc., No. 09¿56965, 2011 WL 5341285 (9th Cir. Nov. 8, 2011), the U.S. Court of Appeals for the Ninth Circuit held that plaintiffs do not have to prove that an alleged misstatement is material in order to obtain the benefit of the...
| | SEC Will Permit “Proxy Access” Shareholder Proposals
Laurie A. Cerveny, Chris Cox, Janice A. Liu, Michael P. O'Brien, David K. Robbins, Charles A. Sweet; Bingham McCutchen LLP;
Legal Alert/Article September 27, 2011, previously published on September 23, 2011 An amendment to SEC Rule 14a-8 that will enable shareholders of U.S. public companies (including investment companies) to submit proposals calling for some form of “proxy access” — that is, a procedure permitting shareholders to include alternative nominees for director in the...
| | SEC Seeks Comments on Review of Existing Regulations
W. Hardy Callcott, Laurie A. Cerveny, Chris Cox, Roger P. Joseph, Michael P. O'Brien, Neal E. Sullivan, Charles A. Sweet; Bingham McCutchen LLP;
Legal Alert/Article September 20, 2011, previously published on September 12, 2011 On Sept. 6, 2011, the SEC issued a "request for information" about its process for reviewing existing regulations to determine if those regulations continue to be useful and effective. While one may question the SEC's ability, in the midst of so much new Dodd-Frank rule making, to conduct...
| | D.C. Circuit Voids SEC “Proxy Access” Rule
Laurie A. Cerveny, Christopher Cox, Barry N. Hurwitz, Michael P. O'Brien, David K. Robbins, Charles A. Sweet; Bingham McCutchen LLP;
Legal Alert/Article July 26, 2011, previously published on July 22, 2011 In a strongly worded opinion, a three-judge panel of the D.C. Circuit has unanimously voided the SEC’s Proxy Access Rule, which would have permitted shareholders who owned in the aggregate 3% of the voting power of a U.S. public company (including investment companies) for at least three...
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