Drinker Biddle & Reath LLP

One Logan Square Ste. 2000
Philadelphia, PA 19103-6996, United States

  • (215) 988-2700
  • (215) 988-2757

W.D. Wash. Adopts Preponderance of the Evidence Standard for Elements of Class Cert., Rejects Numerosity Experts

The Western District of Washington recently adopted a “preponderance of the evidence” standard for establishing the prerequisites of Federal Rule of Civil Procedure 23 and denied class certification in a TCPA case because the…more
| Civil Procedure, Communications & Media Law, Consumer Protection

BIS Publishes Rule on Export Prohibitions to Russia

On August 6, 2014, the Bureau of Industry and Security (BIS) of the Department of the Treasury published a rule on export prohibitions to Russia on items for use in its energy sector. The rule also added one person, United…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, International Law & Trade

SEC Issues Valuation Guidance for Funds Holding Certain Short-Term Debt Securities

The Securities and Exchange Commission (SEC) recently provided some expanded valuation guidance to mutual funds in its release on Money Market Fund Reform dated July 23, 2014. The guidance is applicable to any fund, including…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Made for the U.S.A Only: Second Circuit Holds That the Dodd-Frank Act’s Antiretaliation Provision Applies Only Domestically

According to the SEC, in fiscal year 2013, foreign whistleblowers accounted for 404 of the 3,238 whistleblower reports received by the SEC (nearly 12%). Recently, the Second Circuit Court of Appeals may have significantly…more
| Civil Procedure, Civil Rights, Labor & Employment Law, International Law & Trade, Securities Law

“BAN-THE-BOX” Signed Into Law in New Jersey

On August 11, 2014, New Jersey Governor Chris Cristie signed into law “The Opportunity to Compete Act”, commonly referred to as New Jersey’s “ban-the-box” law, which prohibits employers from asking about the applicant’s criminal…more
| Civil Rights, Labor & Employment Law

Quarterly Whistleblower Award Update

The SEC Will Not Award Whistleblowers Who Provide Frivolous Information. The SEC determined that a claimant (who submitted “tips” relating to almost every single Notice of Covered Action”) was ineligible for awards because…more
| Civil Remedies, Labor & Employment Law, Securities Law

Florida DFS Unclaimed Property Grab “Clearly Erroneous”

Florida’s First District Court of Appeal filed an opinion yesterday in Thrivent Financial for Lutheran’s appeal from a declaratory statement issued by the Florida Department of Financial Services interpreting Florida’s Unclaimed…more
| Civil Procedure, Finance & Banking, Insurance, Wills, Trusts, & Estate Planning

Profits Do Not Always Equal Disgorgement

Judge Scheindlin of the Southern District of New York recently rejected the SEC’s attempt to seek disgorgement of almost $500,000,000 from Samuel Wyly and Donald R. Miller Jr., the Independent Executor of the Will and Estate of…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Securities Law

FCC Seeks Comment on Petition Concerning Prior Express Consent

On August 1, 2014, the FCC issued a Public Notice seeking comment on a petition filed by Santander Consumer USA, Inc. (“Santander”), which requests an expedited declaratory ruling from the FCC to clarify the meaning of “prior…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection

Capital One Agrees to $75 Million TCPA Settlement

Capital One and three collections agencies recently announced the largest proposed cash settlement in TCPA history – $75.5 million. This is more than double the amount of the prior record – a $32 million settlement from Bank of…more
| Civil Remedies, Communications & Media Law, Finance & Banking, Consumer Protection

FCC Seeks Comment on Petitions Concerning the FCC’s Rule on Opt-Out Notices for Fax Advertisements

On July 25, 2014, the FCC issued a Public Notice seeking comment on five petitions, filed by American Caresource Holdings, Inc. (“ACH”), CARFAX, Inc.(“CARFAX”), UnitedHealth Group, Inc. (“UnitedHealth”), MedLearning, Inc. and…more
| Communications & Media Law, Consumer Protection

Court Lets Debt-Collector Amend Answer and Assert Counterclaim for Plaintiff’s Debt

In a TCPA class action case concerning debt collection calls, the Southern District of California recently granted a debt-collector defendant’s motion to file an amended answer and assert a counterclaim for breach of contract…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Ninth Circuit Affirms Summary Judgment, Taco Bell Not Vicariously Liable for Third-Party Text Message

In an unpublished opinion, the Ninth Circuit recently affirmed a district court’s ruling that Taco Bell was not vicariously liable for text messages sent by a third party advertising a Taco Bell product…more
| Civil Procedure, Communications & Media Law, Consumer Protection

More Arrests for Alleged Insurance Fraud

Just weeks before the sentencing of three insurance producers for insurance fraud and STOLI-related conduct in the Southern District of New York (covered here), two insurance producers and several insureds were arrested in…more
| Criminal Law, Insurance

CMS Proposes Regulations: Changes to Physician Fee Schedule, Hospital Outpatient, and Ambulatory Surgical Center Policy and Payment

On July 3, 2014, The former revises payment policies under the Medicare Physician Fee ScheCenters for Medicare and Medicaid Services (CMS) proposed two regulations, CMS-1612-P and CMS-1613-P. dule, while the latter makes changes…more
| Health
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400+ Attorneys

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