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|Government Charges “Tipping Liability” To Company Insiders At Dell & Nvidia|
Jeremy E. Deutsch; Norris McLaughlin & Marcus, P.A. A Professional Corporation;
February 25, 2015, previously published on December 19, 2014The basis for imposition of tipping liability for insider trading has been clarified by the Second Circuit.
|First Circuit Reaffirms FCA’s “First-to-File” Bar as a Broad Jurisdictional Limit|
Matthew W. Turetzky; Sheppard, Mullin, Richter & Hampton LLP;
February 25, 2015, previously published on January 22, 2015In early December 2014, the United States Court of Appeals for the First Circuit reaffirmed that circuit’s broad interpretation of the False Claims Act’s “first-to-file” bar, 31 U.S.C. § 3730(b)(5), in United States ex rel. Ven-a-Care of the Fla. Keys v. Baxter...
|New Russian Sanctions Legislation|
Neil Ray; Sheppard, Mullin, Richter & Hampton LLP;
February 25, 2015, previously published on December 19, 2014On December 18, the President signed legislation passed by Congress that authorizes further sanctions on Russia. The Ukraine Freedom Support Act of 2014 (UFSA) is aimed to assist “in restoring Ukraine’s sovereignty and territorial integrity” and to deter the Russian Government...
|Faulty Damages Model Leads to Partial Decertification|
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
February 25, 2015, previously published on November 21, 2014On November 6, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted in part defendant Dole’s motion for decertification in Brazil v. Dole Packaged Foods, LLC. In May of 2014, the court had granted certification of classes under...
|Action Outside Board Meetings - More Trouble Than It Is Worth?|
Ursula Koenig Burgess, Joseph J. Shannon; Rees Broome, PC;
February 24, 2015, previously published on February 2015A common question that we receive from our community association clients is whether the Board can take action outside of a meeting. In many instances, the question that our clients pose is whether email exchanges between the Board and Management are sufficiently formal to be considered an action of...
|FDA Releases Recommendation against Using Power Morcellators to Treat Uterine Fibroids|
Burg Simpson; Burg Simpson Eldredge Hersh Jardine P.C.;
February 23, 2015, previously published on December 2, 2014The Food and Drug Administration warned against using laparoscopic power morcellators in either myomectomy or hysterectomy for the treatment of uterine fibroids. The warning is based on an FDA analysis of medical literature, from which it concludes that approximately 1 in 350 women undergoing...
|Illinois Enacts New Eavesdropping Statute|
Howard Howard P.C.;
February 20, 2015, previously published on February 9, 2015Public Act 098-1142 created the new Illinois eavesdropping statute. The law restores the requirement in the former law that all parties to the communication agree that it may be recorded.
|States consider raising legal smoking age|
Seth A. Katz; Burg Simpson Eldredge Hersh Jardine P.C.;
February 20, 2015, previously published on February 2, 2015Due to cigarettes' addictive and carcinogenic properties, many states are proposing raising the legal smoking age to 21. Smoking cigarettes is linked to a greater chance of developing lung cancer, however, it also increases the risk of mouth, throat, esophagus, larynx, kidney, pancreas, stomach,...
|Cybersecurity and Privacy in State of the Union Address|
Cynthia Larose; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 19, 2015, previously published on January 21, 2015As expected in his State of the Union address last night, President Obama made it very clear that cybersecurity is on his agenda for 2015. After stating that:
|PIP Reimbursement Claims Barred as to Public Entities Regardless of Their Conduct|
Gina M. Zippilli; Capehart & Scatchard, P.A.;
February 18, 2015, previously published on November 26, 2014In this personal injury protection (“PIP”) case, New Jersey Manufacturers Insurance Company (“NJM”) sought reimbursement of PIP benefits from a Fire Department and Firehouse (“the Firehouse”). The basis of its claim was simple: The Firehouse hosted an event...