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HTMLNot Your Everyday Grind: Seventh Circuit Panel Reverses Class Certification Denial in Keurig Competitor Case
Livia M. Kiser; Loeb & Loeb LLP;
Legal Alert/Article
November 12, 2014, previously published on October 30, 2014
In a decision reflecting what could be interpreted as receptivity to consumer class actions - or at least a favorable disposition toward class certification requests - the Seventh Circuit recently issued a decision reversing both the lower court's denial of class certification and its issuance of...

 

HTMLNARB Panel Cautions Use of Online Consumer Reviews to Substantiate Claims
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
Legal Alert/Article
November 11, 2014, previously published on October 2014
A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback and online reviews for marketing purposes that they must adhere...

 

HTMLSupreme Court Hears Arguments on Appellate Standard of Review Over Patent Claim Construction
Kathleen M. Gersh, Mark E. Waddell; Loeb & Loeb LLP;
Legal Alert/Article
November 11, 2014, previously published on October 2014
The United States Supreme Court heard oral argument October 15, 2014, in Teva Pharm. USA, Inc. v. Sandoz, Inc., No. 13-854. The question before the Court in this case is whether the Federal Circuit should give Rule 52 deference to a district court's claim construction determination or if it may...

 

HTMLRegulators At SIFMA Regional Conference Highlight Regulatory, Litigation And Arbitration Risks
Eugene R. Licker, Jerry S. Phillips; Loeb & Loeb LLP;
Legal Alert/Article
October 15, 2014, previously published on October 2014
At a recent regional SIFMA conference, the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA) and state regulators discussed the risks inherent in the ongoing low-yield environment. The regulators expressed concern over individuals' investing in products...

 

HTMLFTC Updates Its Mail Order Rule
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
October 15, 2014, previously published on October 2014
The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435).

 

HTMLOIG Issues Special Advisory Bulletin and Report Emphasizing Prohibition on Copay Coupons for Federally Reimbursable Medications (Including Part D Covered Drugs), Notes Potential Antikickback Violations
Loeb Loeb LLP;
Legal Alert/Article
October 14, 2014, previously published on September 2014
According to the OIG, “Pharmaceutical manufacturers that offer copayment coupons may be subject to sanctions if they fail to take appropriate steps to ensure that such coupons do not induce the purchase of Federal health care program items or services.”

 

HTMLFDA Sends Warning Letters to Companies that Made Claims on Social Media that their Products Treat, Cure Ebola, Marking the First Time the Agency Singles Out Pinterest
Loeb Loeb LLP;
Legal Alert/Article
October 14, 2014, previously published on September 2014
The FDA sent warning letters to three companies making claims on social media platforms that their products are possible treatments and cures for the Ebola virus. This marks the first time that the FDA has taken notice of claims made on Pinterest.

 

HTMLCMS Rolls Out Open Payments in Effort to Increase Transparency and Accountability
Loeb Loeb LLP;
Legal Alert/Article
October 14, 2014, previously published on September 2014
CMS published its first round of data as laid out in the Sunshine Act, and stakeholders, including the American Medical Association, are concerned.

 

HTMLIRS Streamlines Offshore Voluntary Disclosure Program
Thomas Lawson, Alan J. Tarr; Loeb & Loeb LLP;
Legal Alert/Article
October 2, 2014, previously published on September 2014
On June 18, 2014, the IRS announced new Streamlined Filing Compliance Procedures (Streamlined Programs) and changes to the existing Offshore Voluntary Disclosure Program (OVDP). These programs are intended to help taxpayers correct any failures to report foreign financial assets and income (and to...

 

HTMLFTC Sends Warning Letters to Major Advertisers About Inadequate Disclosures
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
Legal Alert/Article
October 2, 2014, previously published on September 2014
The FTC announced it has sent letters to over 60 major retailers, including 20 of the 100 largest advertisers in the U.S., that failed to make adequate disclosures in their television and print ads.

 


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