Alerts

Charitable organizations that want to provide financial assistance to patients for the costs of health care are challenged with ensuring that their programs do not run afoul of federal fraud and abuse laws.

The following alert is the fourth installment from Birgit Matthiesen for a planned series of cross-border trade updates.

The Supreme Court of the United States unanimously held in Bullard v. Blue Hills Bank, Case No. 14-115, that a bankruptcy court’s order denying confirmation of a debtor’s proposed plan is not a “final” order that can be immediately appealed.

Publisher Sega of America, Inc. (Sega) and developer Gearbox Software, L.L.C. (Gearbox) are involved in a battle centered around Aliens: Colonial Marines (ACM), a videogame based upon the hit film Aliens. 

Arent Fox Complex Litigation partner Barbara S. Wahl recently published an article in Law360 that outlines key publicity rights issues that attorneys and their clients should consider when doing estate planning.

What can employers do if an employee struggles to be understood by the company’s client base because of his or her heavy foreign accent?  When can employers take action because the employee’s lack of English fluency is affecting job performance and the company as a whole? 

A US Bankruptcy Judge recently approved the sale of a package of RadioShack’s intellectual property assets—including consumer data obtained from RadioShack customers—to General Wireless Inc., the hedge fund affiliate that acquired over 1,700 RadioShack stores in February.

Last week, the US Department of Justice in New York unsealed a 47-count indictment against 14 defendants and at the same time numerous FIFA officials and other persons were arrested as they gathered for annual FIFA meeting in Zurich.

Beginning September 3, 2015, New York City employers will no longer be able to consider an individual’s credit history as part of a background check in hiring or employment decisions.

Canada’s National Contact Point (NCP) recently sanctioned China Gold International Resources Corp. Ltd. (China Gold) for its unwillingness to participate in consultations under the OECD Guidelines for Multinational Enterprises (OECD Guidelines) regarding China Gold’s mining activities in Tibet.

The United States Department of Justice (DOJ) announced that pharmacy benefits manager Medco Health Solutions Inc. (Medco) agreed to pay the government $7.9 million to resolve allegations that Medco’s arrangements with pharmaceutical manufacturer AstraZeneca violated the False Claim Act.

The US Supreme Court on Tuesday decided a closely watched False Claims Act (FCA) case, Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, with important implications for companies confronting FCA claims.

Recently reported data breaches and security gaffes have sent many companies scrambling to secure their data against security breaches and to obtain adequate insurance coverage in the event that such a breach occurs.

The Court of Appeals for the Federal Circuit (Federal Circuit) recently reversed the Trademark Trial and Appeal Board’s (Board) refusal to register the mark PRETZEL CRISPS on the grounds that the mark is generic for pretzel crackers.

Pharmaceutical manufacturers could face a new line of attack related to Hatch-Waxman reverse payment settlement agreements (so-called, “pay-for-delay” settlements).

The Chairman of the U.S. Senate Committee on Health, Education, Labor, and Pensions recently started an investigation into whether agency “guidance” is being used as a means to impose obligations on the public while circumventing the formal rule making process. 

According to Lumber Liquidators’ most recent Securities and Exchange (SEC) disclosures, the US Department of Justice (DOJ) is pursuing criminal charges against the company under the Lacey Act (16 U.S.C. §§ 3371-3378) for allegedly importing products containing illegally harvested wood.

Health care lawyers are familiar with the term “underground rulemaking,” which refers to efforts by federal agencies to impose obligations on providers and suppliers informally, without using the processes required by law. That issue has recently attracted the attention of the US Senate. 

On May 7, 2015, 14 Spanish-speaking employees filed suit in California state court against their employer, Gate Gourmet for harassment and discrimination on the basis of national origin arising out of the alleged prohibited use of the Spanish language on the job.

In an important victory for employees, the en banc Fourth Circuit held that use of a racial slur twice within a 24-hour period could support Title VII hostile work environment and retaliation claims.

In an unpublished opinion filed on May 8, 2015, the US Court of Appeals for the Eleventh Circuit sent trade secret owners a strong reminder of the important role written confidentiality agreements play in protecting valuable intellectual property.

On May 5, 2015, the Bureau of Industry and Security and the Directorate of Defense Trade Controls issued proposed rules concerning the transfer of certain items from US Munitions List Category XII to the Commerce Control List as part of the President’s Export Control Reform Initiative.

Arent Fox LLP is proud to announce that, for the thirteenth year in a row, Health Care partner Linda A. Baumann served as editor-in-chief of a comprehensive desk reference focused on fraud and abuse for lawyers in the health care industry.

Arent Fox LLP is proud to announce the publication of a comprehensive and definitive book for health care industry leaders focused on risk management and litigation.

Starting May 13, 2015, applicants in the US who file a single industrial design application at the United States Patent and Trademark Office in English have the opportunity to obtain protection for up to 100 different industrial designs across 44 countries and intergovernmental organizations.