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HTMLFTC Merger Challenge Based on Harm to Potential Competition Rejected by District Court
Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 1, 2015, previously published on September 28, 2015
In what has become rare of late, the Federal Trade Commission (“FTC”) suffered a litigation loss in a merger case with a district court’s denial of a preliminary injunction to block the deal pending administrative litigation. FTC v. Steris Corporation, 1:15-cv-01080 (N.D. Ohio...


HTMLFDA Releases Two Final Food Safety Rules: What You Need to Know
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 21, 2015, previously published on September 17, 2015
Progress on Final Rules implementing the Food Safety Modernization Act (FSMA) took a significant step forward last week when FDA released its first two, comprising the final rules on Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food and Food...


HTMLFDA Finalizes Food Safety Regs for Preventative Controls, Hazard Analysis
M. Antonio Gallegos, Justin J. Prochnow; Greenberg Traurig, LLP;
Legal Alert/Article
September 21, 2015, previously published on September 16, 2015
On Sept.10, 2015, the FDA announced two sets of final regulations which were mandated by the FDA Food Safety Modernization Act (FSMA) of 2011: (1) Preventative Controls and Hazard Analysis for Human Food; and (2) Preventative Controls and Hazard Analysis for Animal Food. The final regulations are...


HTMLFDA Indicates Shared Nonproprietary Names Not Appropriate for All Biological Products, Including Biosimilars
Edgar J. Asebey, Maureen Bennett, Colleen Heisey, Janet M. McNicholas, Christian Paul; Jones Day;
Legal Alert/Article
September 11, 2015, previously published on September 2015
On August 28, 2015, the U.S. Food & Drug Administration ("FDA") released a draft guidance document describing its current position on biological product nonproprietary naming, including the need for biological products to bear a nonproprietary name to which is attached an...


HTMLA UK Perspective on Oil Price Volatility - Industry Impact and Legal Considerations
Mark Jackson, Christopher Roberts; DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on July 1, 2015
The dramatic decrease in the price of crude oil over the last eleven months has had ramifications across the globe. With prices currently languishing between US$60 and US$65 a barrel following the decision in November 2014 by the Organisation of Petroleum Exporting Countries (OPEC) to keep its...


HTMLThird Circuit Confirms FTC Authority to Regulate Cybersecurity Practices Under Unfairness Prong of FTC Act
Sandra A. Jeskie; Duane Morris LLP;
Legal Alert/Article
September 7, 2015, previously published on August 25, 2015
In a long-awaited ruling in Federal Trade Commission v. Wyndham Worldwide Corp., the Third Circuit rejected Wyndham’s argument that the FTC has no authority to regulate its cybersecurity practices under the unfairness prong of the FTC Act and that businesses are not entitled to notice of the...


HTMLUtah Supreme Court: Misappropriation of Trade Secrets Presumes Irreparable Harm
Bryan Kirk Benard; Holland & Hart LLP;
Legal Alert/Article
September 4, 2015, previously published on September 3, 2015
A Utah employer has dodged a $229,482 fee award and can continue its lawsuit against a former employee for misappropriation of company trade secrets and violation of a non-disclosure agreement. The Utah Supreme Court recently revived InnoSys, Inc.’s claims against a former engineer, Amanda...


HTMLKissing Camels Antitrust Suit Against Health System Moves Past Another Hump in the Road
Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 4, 2015, previously published on September 3, 2015
In June, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against a health system, health insurers, and a trade association survived a motion to dismiss. Last week, the ASCs’ case cleared the hump of summary judgment and will now proceed to trial. Kissing...


HTMLComing Soon: European Clearing
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 3, 2015, previously published on September 2, 2015
On August 6, the European Commission published regulations to impose mandatory clearing on certain classes of interest rate swaps, in accordance with the European Market Infrastructure Regulation (EMIR). Subject to a three-month review by the European Parliament and Council of the European Union,...


Adobe PDFThird Circuit Says FTC Can Regulate Corporate Cybersecurity Policies
Nicole Joy Leibman; Sills Cummis & Gross P.C.;
Legal Alert/Article
September 2, 2015, previously published on August 2015
On August 24, 2015, the Third Circuit issued a precedential ruling affirming the District Court of New Jersey’s denial of Wyndham Worldwide Corporation’s (“Wyndham”) motion to dismiss a suit filed against it by the FTC. In the action, the FTC alleged that Wyndham’s...


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