New York Federal Court Holds That Meetings Related To Drafting Arbitration Clauses May Be Probative Of Antitrust Conspiracy... by Sheppard Mullin Richter & Hampton LLP on 2/22/2012 In In re Currency Conversion Fee Antitrust Litig., 2012 WL 401113 (S.D.N.Y. Feb. 8, 2012), Judge William H. Pauley III denied a motion for summary judgment by Defendants Discover and Citigroup after finding that a handful of...more
Legal Alert: U.S. Supreme Court Decision on FAA Preemption Overrules West Virginia High Court by Ford & Harrison LLP on 2/22/2012 On February 21, 2012, the U.S. Supreme Court, in a Per Curiam opinion, reinforced the preemption of the Federal Arbitration Act (FAA) with respect to all arbitration agreements governed by the statute. See Marmet Health Care Center...more
President's Latest Budget Proposal Seeks Decrease of Data Exclusivity Period and Elimination of Pay-for-Delay Agreements by McDonnell Boehnen Hulbert & Berghoff LLP on 2/22/2012 Last week, President Obama unveiled his 2013 budget, and at least with respect to aspects of the budget proposal that would impact drugmakers, the President's 2013 proposal looks a lot like his 2012 proposal. In a section...more
CMS Proposed Rules for Reporting AMP and Best Price May Have Impact Beyond Medicaid Drug Rebates by Mintz Levin - Health Law on 2/22/2012 On February 2, 2012, CMS issued proposed regulations that further refine and define how pharmaceutical manufacturers must calculate Medicaid drug rebates in the wake of health care reform (the Proposed Rule). ...more
California's Reader Privacy Act: What Every Bookseller Must Know by Barger & Wolen on 2/22/2012 On January 1, 2012, the California Reader Privacy Act went into effect. The Act requires all “book service providers,” i.e., book sellers, in the State to take certain steps when responding to governmental requests for...more
Legal Alert: Ninth Circuit Invalidates Contractual Choice of Law Provision; Holds that California Law Applies to Independent... by Ford & Harrison LLP on 2/22/2012 In a recent case, Ruiz v. Affinity Logistics, the Ninth Circuit refused to enforce a choice of law provision that designated Georgia law, rather than California law, to govern an agreement entered into and performed in...more
SEC Raises Dollar Thresholds for Advisers to Charge Performance-Based Fees and Grandfathers Performance-Fee Contracts for... by Morrison & Foerster LLP on 2/22/2012 On February 15, 2012, the Securities and Exchange Commission (the “Commission” or “SEC”) raised the dollar thresholds for SEC-registered investment advisers to charge performance-based fees to their clients...more
Ten Minute Primer to Common Terms in Commercial Contracts By Kaiser Wahab by Wahab & Medenica LLC on 2/22/2012 Commercial contracts form the backbone of many commercial transactions from vendor agreements to client engagement agreements. While no two businesses or industries are the same, all commercial contracts share certain...more
InfoBytes, February 17, 2012 - A Weekly In-depth review of news & developments in the financial services industry. by BuckleySandler LLP on 2/22/2012 Topics In This Issue BuckleySandler Launches InfoBytes Blog Federal Issues State Issues Courts Miscellany Firm News Mortgages Banking Consumer...more
A New Meaning to “Eat and Run”? Restaurants and Mobile Payments by Davis Wright Tremaine LLP on 2/22/2012 Many mobile payment systems tailored for restaurants and other food vendors were introduced in 2011. Restaurant-industry insiders say 2012 will be the year of widespread adoption – and possibly a shakeout. A brief overview of...more
Fifth Circuit Addresses Contractual Liability Exclusion by Traub Lieberman Straus & Shrewsberry LLP on 2/22/2012 In its recent decision in Colony Nat'l Ins. Co. v. Manitex, L.L.C., 2012 U.S. App. LEXIS 3311 (5th Cir. Feb. 20, 2012), the United States Court of Appeals for the Fifth Circuit, applying Texas law, considered what constituted...more
Unpaid Federal Taxes, Lead to Federal Tax Liens by Candida (CJ) Griffin, Esq. on 2/22/2012 Proving that celebrities are not above the law, the IRS recently served rapper Lil’ Kim with a tax lien for allegedly dodging more than $1 million in taxes. While it is celebrity tax stories that most often make the headlines,...more
ADR: Making the Most with What You Have by JAMS, The Resolution Experts on 2/22/2012 “If I had more time, I would have written a shorter letter.” —Marcus T. Cicero “If you haven’t got the time to do it right, when will you find the time to do it over?” —Jeffery J....more
War Hero Sues Insurance Company for Denial of Benefits by Lawyers.com on 2/22/2012 It seems no good deed goes unpunished. A temporarily disabled Korean War veteran in California is suing the Senior Health Insurance Company of Pennsylvania (SHIP) for allegedly engaging in deceptive practices to avoid paying claims...more
New York and New Jersey Businesses: More Suggestions For a Forum Clause In Your Contracts by Daniel Brecher on 2/22/2012 In last week’s blogs, we recommended including provisions in your New York or New Jersey business agreements that required your distantly located customers to litigate in the state and county where you have your offices. Some customers...more