Drinker Biddle & Reath LLP

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

  • (215) 988-2700
  • (215) 988-2757

M.D. Fla. Rejects “Placeholder” Class Certification Motion

As we have previously noted, several courts in the Middle District of Florida have made it abundantly clear that plaintiffs should not file “placeholder” class certification motions solely for the purpose of thwarting an attempt…more
| Civil Procedure

The FTC Is Looking For A Few Good Robocall Hackers

The FCC is not the only federal agency tasked with regulating telephone calls. The FTC also regulates telephone calls pursuant to the Telemarketing Sales Rule (“TSR”) (16 C.F.R. § 310 et seq.). And while the scope of the TCPA…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection

Certification Requirements Imposed on Solar Cells from Taiwan and the People’s Republic of China

On July 25, 2014, the U.S. Department of Commerce (Commerce) announced its antidumping duty preliminary determinations involving Certain Crystalline Silicon Photovoltaic Products from Taiwan and the People’s Republic of China. …more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Energy & Utilities, International Law & Trade

The FDA’s Informed Consent Draft Guidance: Insights and Challenges for IRBs, Clinical Investigators and Sponsors

On July 15, 2014, the FDA released a draft guidance document (“Guidance”), proposing recommendations to Institutional Review Boards (IRBs), clinical investigators and research sponsors relating to the informed consent process…more
| Administrative Law, Commercial Law & Contracts, Health, Science, Computers, & Technology

SEC Adopts Amendments to Money Market Fund Rules

The Securities and Exchange Commission (SEC) today adopted long-awaited and highly anticipated amendments to rules under the Investment Company Act of 1940 (the 1940 Act) governing money market funds…more
| Commercial Law & Contracts, Finance & Banking, Securities Law, Taxation

Recent FDA Draft Guidance Addresses Social Media Challenges Faced by Drug and Device Companies

The first draft guidance discusses how drug and medical device companies may promote their products using character space limited social media (e.g., Twitter) and Internet advertisements (e.g., Google search engine…more
| Administrative Law, Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Sixth Circuit Blurs Line Between Primary and Excess

The Sixth Circuit recently addressed the question of whether an excess insurer must provide a defense when the primary insurer fails to do so. In IMG Worldwide v. Westchester Fire Insurance Company, No. 3836 (6th Cir. July 15,…more
| Civil Procedure, Commercial Law & Contracts, Business Torts, Insurance, Real Estate - Residential

Congress Considers Multiple Proposals in Advance of Higher Education Act Reauthorization

Recently, there have been a number of bills issued and proposals made as the U.S. Congress begins the process of reauthorizing of the Higher Education Act (“HEA”). Although a final reauthorization bill is not anticipated until…more
| Education, Elections & Politics, Finance & Banking

Customs Aggressively Moving to Discontinue Post-Importation Claims for Certain Free Trade Agreements

For most companies importing into the United States, use of available post-importation mechanisms to correct or amend entries is common and an essential part of any trade compliance program. Whether the post-importation filing…more
| Commercial Law & Contracts, International Law & Trade

SEC Clarifies Certain Proxy Voting Responsibilities of Investment Advisers and Availability of Exemptions from Proxy Rules for Proxy Advisory Firms

On June 30, 2014, the Securities and Exchange Commission’s (SEC) Divisions of Investment Management and Corporate Finance released joint guidance to address certain issues regarding proxy voting responsibilities of investment…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Teaching Hospitals and Physicians Must Take Action Now to Correct Erroneous Reports about them Submitted Under the Sunshine Act

On September 1, 2014, the Centers for Medicare and Medicaid Services (CMS) will make public the reports submitted by pharmaceutical and medical device manufacturers under the Sunshine Act. These reports will disclose payments…more
| Health, Science, Computers, & Technology

Is China’s Big Win at the World Trade Organization against the U.S. Government’s Policy on Chinese Subsidies a Game-Changer?

On July 14, 2014, a panel of the World Trade Organization (WTO) ruled in favor of China against certain policies employed by the U.S. Department of Commerce (Commerce) in conducting countervailing duty investigations. Although…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, International Law & Trade

D. Mass. Grants Summary Judgment to Plaintiff, Finds Predictive Dialer to be an ATDS

The District of Massachusetts recently entered summary judgment in favor of a plaintiff after deferring to FCC statements that purport to expand the definition of an automated telephone dialing system (“ATDS”) to include…more
| Civil Procedure, Communications & Media Law, Consumer Protection

The SEC Provides Guidance on Custody Rule Compliance for Private Fund SPVs and Escrow Accounts

In June 2014, the staff of the Securities and Exchange Commission’s (SEC’s) Division of Investment Management provided guidance (the Guidance Update) on how private fund managers using special purpose vehicles (SPVs) and escrow…more
| Finance & Banking, Securities Law

CBP Releases Eligibility Requirements and Security Criteria for its C-TPAT Exporter Program

On July 9, 2014, U.S. Customs and Border Protection (CBP) released the eligibility requirements and security criteria for its expanded Customs-Trade Partnership Against Terrorism (C-TPAT) program. CBP is expanding C-TPAT to…more
| Commercial Law & Contracts, International Law & Trade
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