Document(s) published by this organization: 79
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|Pharmaceutical Manufacturer's Preemptive Suit Secures Preliminary First Amendment Protection for Script to Promote Off-Label Use|
Aaron Buchman, Bret A. Campbell, Adam S. Lurie, Brian T. McGovern, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
August 19, 2015, previously published on August 17, 2015On August 7, 2015, the U.S. District Court for the Southern District of New York invoked the First Amendment, granting Amarin Pharma, Inc. (Amarin) preliminary protection against federal criminal prosecution for misbranding and allowing Amarin to promote its drug, Vascepa, for off-label use through...
|In Closely Watched Case, Federal Court Upholds the Government’s Position on Provider Mandate to Report and Return Medicare and Medicaid Overpayments in 60 Days|
Jared Facher, Brian T. McGovern; Cadwalader, Wickersham & Taft LLP;
August 11, 2015, previously published on August 6, 2015The Patient Protection and Affordable Care Act (“PPACA”), signed into law on March 23, 2010, included a provision (the “Report and Refund Mandate”), broadly requiring health care providers, suppliers, Part D plans and managed care organizations that were overpaid by the...
|SDNY Transfers Delaware Trust Company v. Wilmington Trust N.A. Intercreditor Dispute to Delaware Bankruptcy Court, Reaffirming Broad View of Bankruptcy Jurisdiction|
Thomas J. Curtin, Mark C. Ellenberg, Ellen Halstead, Howard R. Hawkins, Ivan Loncar; Cadwalader, Wickersham & Taft LLP;
August 11, 2015, previously published on August 5, 2015On July 23, 2015, in an action arising from the huge TCEH chapter 11 bankruptcy, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York issued an opinion in Delaware Trust Company v. Wilmington Trust N.A. denying plaintiff’s motion to remand the case back...
|Illinois Court Strikes Down Chicago Pension Reforms, Deepening City's Financial Crisis|
Ingrid Bagby, Thomas J. Curtin, Mark C. Ellenberg, Daniel Gwen, Ellen Halstead; Cadwalader, Wickersham & Taft LLP;
August 10, 2015, previously published on July 29, 2015On July 24, 2015, Judge Rita M. Novak of the Circuit Court of Cook County, Illinois struck down recently enacted legislation designed to shore up two of the City of Chicago’s severely underfunded pension plans by, among other things, reducing benefits.1 Judge Novak viewed as controlling a...
|CFTC Division of Market Oversight Holds Roundtable to Assess the Made Available to Trade Process|
Cadwalader Wickersham Taft LLP;
July 31, 2015, previously published on July 20, 2015On Wednesday, July 15, 2015, the Commodity Futures Trading Commission’s (“CFTC”) Division of Market Oversight (“DMO”) hosted a public roundtable to discuss the process to determine whether a swap must be executed on an exchange. The roundtable assessed industry...
|Supreme Court Rejects EPA Mercury Emissions Rule|
Athena Yvonne Eastwood, Douglas H. Fischer; Cadwalader, Wickersham & Taft LLP;
July 23, 2015, previously published on July 15, 2015On June 29, 2015, the Supreme Court cast serious doubt upon the future of the Mercury and Air Toxics Standards (“MATS”) by finding that the Environmental Protection Agency (“EPA”) failed to adequately consider the costs of the rule as part of its initial decision to issue...
|Investing in the United States: CFIUS Concerns for Chinese Investors|
Keith M. Gerver, Viola Jing, Michael Liu, Jane Ng; Cadwalader, Wickersham & Taft LLP;
July 15, 2015, previously published on July 9, 2015Michael Liu, Jane Ng, Viola Jing and Keith Gerver have authored a Clients & Friends Memo to discuss the latest trends in reviews conducted by the Committee on Foreign Investment in the United States (CFIUS) for Chinese investors contemplating possible investments in U.S. assets. The Memo...
|Remit: The Road to Enforcement|
Doron F. Ezickson, Adam Topping; Cadwalader, Wickersham & Taft LLP;
July 14, 2015, previously published on July 2, 2015Following a number of recent developments, described below, the rules and regulations enacted under the European Union (EU) Regulation on Wholesale Energy Markets Integrity and Transparency (REMIT) are now close to being fully-implemented. Market participants must ensure they are now prepared for...
|Supreme Court Upholds Premium Subsidies in 34 States with Federally-Facilitated Marketplaces|
Christina T. Holder, Pamela Landman, Stephanie Marcantonio, Paul W. Mourning; Cadwalader, Wickersham & Taft LLP;
June 26, 2015, previously published on June 25, 2015Today the U.S. Supreme Court handed down its much anticipated decision in King v. Burwell, a case challenging the legality of Federal subsidies provided to individuals in the 34 States that did not establish State-based American Health Benefit Exchanges (“State Exchanges”), and instead...
|Second Circuit Holds Application of State Usury Laws to Third-Party Debt Purchasers Not Preempted by National Bank Act|
Nathan Bull, Scott A. Cammarn, Michael S. Gambro, Stuart N. Goldstein, Jordan M. Schwartz; Cadwalader, Wickersham & Taft LLP;
June 23, 2015, previously published on June 8, 2015On May 22, 2015, in Madden v. Midland Funding, LLC1 (“Madden”), the United States Court of Appeals for the Second Circuit held that the application of state usury laws to third-party assignees is not preempted by the National Bank Act (the “NBA”) but rather such assignees...