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Foley & Lardner LLP Document Search Results (474) Show: results per page Sort by:  | Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice
James T. McKeown; Foley & Lardner LLP;
Legal Alert/Article May 2, 2013, previously published on April 29, 2013 An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly noncontroversial contract term included by purchasers in an attempt to...
| | NLRB Issues New Guidance Advice on Confidentiality Prohibiting Discussions of Workplace Investigations
Raymond J. Carey; Foley & Lardner LLP;
Legal Alert/Article May 2, 2013, previously published on April 29, 2013 The National Labor Relations Board (Board or NLRB) ruled in its controversial Banner Health decision that employment policies that generally prohibit non-supervisory and non-management employees from discussing ongoing workplace misconduct investigations violate Section 8(a) (1) of the National...
| | Misrepresenting AUM Leads to SEC Charges
Michael G. Dana, Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article May 2, 2013, previously published on April 30, 2013 On April 18, 2013, the SEC charged the CEO of Seiman Capital Management, a Chicago-based investment advisory firm, with making false statements to clients and potential clients about the amount of assets it had under management (AUM). The SEC also alleges that Umesh Tandon, the firm’s CEO,...
| | As the CFPB Turns ... And Other Consumer Financial Services News
Christi A. Lawson; Foley & Lardner LLP;
Legal Alert/Article April 29, 2013, previously published on April 25, 2013 In this week’s episode of As the CFPB Turns questions remain regarding Director(?) Richard Cordray’s constitutional authority to act as the Director of the CFPB. House Financial Services Committee Chairman, Jeb Hensarling, R-Texas, advised Cordray that the D.C. Circuit’s recent...
| | Supreme Court to Consider General Jurisdiction Over Foreign Parent Based on U.S. Subsidiary
Jason P. Britt; Foley & Lardner LLP;
Legal Alert/Article April 29, 2013, previously published on April 25, 2013 On Monday, April 22, the United States Supreme Court agreed to hear DaimlerChrysler AG v. Bauman, which asks whether a foreign parent corporation can be subject to suit in the United States for wrongs allegedly committed by a foreign subsidiary, based on the foreign parent’s relationship with...
| | Federal Circuit Finds Yaz Patent Obvious
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article April 29, 2013, previously published on April 25, 2013 In Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc., the Federal Circuit reversed the district court and held that Bayer’s patent covering its Yaz® birth control pill product is invalid as obvious. The court found a strong prima facie case of obviousness, and...
| | Lees v. Carthage College: A Seventh Circuit Decision on the Admissibility of Expert Testimony for the Standard of Care
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article April 24, 2013, previously published on April 20, 2013 The Seventh Circuit recently issued two opinions with interesting evidentiary issues. We wrote about the multiple levels of hearsay in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), last week. And, this week, the court’s decision in Lees v. Carthage College, No. 11-3061 (7th Cir. Apr....
| | Are Unpaid Interns Handy Helpers or a Source of Liability?
Krista M. Cabrera; Foley & Lardner LLP;
Legal Alert/Article April 24, 2013, previously published on April 22, 2013 Summer is fast approaching and along with the dog days of pool time, family vacations, and outdoor activities, comes summer break for students. For many companies, this means an influx of potential interns anxious to learn the ins-and-outs of an industry and willing to do so without pay. As we have...
| | New Risks for Indirect Lenders
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article April 24, 2013, previously published on April 22, 2013 Last month the Consumer Financial Protection Bureau announced that it will start holding banks accountable for the discriminatory actions of indirect auto lenders. The issue arises when a consumer goes to purchase a car and applies for financing right at the dealership. That dealer then takes the...
| | Employment Law Compliance Is Just the Beginning
Scott Callen; Foley & Lardner LLP;
Legal Alert/Article April 24, 2013, previously published on April 22, 2013 Complying with the law is only the starting point when making sound and legally defensible employment decisions, such as discipline, terminations, denying accommodations, and so forth. Have you ever heard of a company that made an employment decision that technically complied with the law, but were...
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