King & Spalding

Vizio Pays $2.2 Million To Settle With The FTC Over Its Data Collection And Sharing Practices

On February 6, 2017, Vizio Inc., a manufacturer and seller of internet-connected “smart” televisions, agreed to pay $2.2 million to settle allegations by the Federal Trade Commission (“FTC”) and the Office of the New Jersey…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

DOJ Settles with Nursing Home for Allegations of Worthless Services

On February 1, 2017, an Iowa nursing facility and residential care facility operator entered into a settlement agreement (the Agreement) with DOJ and the State of Iowa for alleged violations of the False Claims Act for the…more
| Health

Restrictions on Advertising with Nutrition and Health Claims Apply to Both Communications Addressed to Consumers and to Communications Addressed to HCPs

The Court of Justice of the European Union (ECJ) held that the restrictions on promoting foodstuffs with nutrition and health claims not only apply to communications addressed to the general public but also to communications…more
| Commercial Law & Contracts, Communications & Media Law, Health, International Law & Trade, Products Liability

HRSA Withdraws 340B Program “Mega Guidance” from OMB Review

On January 30, 2017, the Health Resources and Services Administration (HRSA) withdrew its 340B Program Omnibus Guidelines (Guidelines) from regulatory review by the Office of Management and Budget (OMB). HRSA published the…more
| Health

Commerce Establishes Advisory Council on Trade Enforcement and Compliance

On January 4, the Department of Commerce (Commerce) announced the establishment of the Advisory Council on Trade Enforcement and Compliance (ACTEC). The ACTEC is a government-business forum that will seek “stakeholder input…more
| Antitrust & Trade Regulation, International Law & Trade

Update – Sweden’s Request to Ban American Lobster in the EU Risks Violating the Rules of the WTO

In July 2016, we reported that the Swedish Government had requested that the European Union impose a ban on imports of U.S./Canadian live lobster (Homarus americanus). Sweden argues that Homarus americanus should be designated…more
| Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

Healthcare Companies Call On Trump To Promote Value-Added Healthcare

Over 100 health care companies – including providers, insurers, biopharmaceutical companies, professional associations and consumer groups – joined to write the Trump administration to urge him to “continue focusing on…more
| Elections & Politics, Health

DOJ Wins Again, Blocks Anthem/Cigna Merger

On February 8, 2017, the United States District Court for the District of Columbia granted the Department of Justice, Antitrust Division’s (the “DOJ”) request for an injunction blocking Anthem’s proposed $54 billion acquisition…more
| Antitrust & Trade Regulation, Health, Mergers & Acquisitions

Investment Treaty Arbitration: How Multinationals Can Structure Their Investments to Obtain Treaty Protection

In a previous article, we explained how a U.S.-based company that had established a subsidiary abroad could benefit from protections against unfair conduct of a foreign State that are found in most bilateral investment treaties…more
| Alternative Dispute Resolution (ADR), Business Organizations, Commercial Law & Contracts, International Law & Trade

District Court Dismisses FCA Allegations Based Upon Difference of Medical Opinion

This month, the United States District Court for the District of Utah dismissed a relator’s allegations that a cardiac surgeon and two hospitals based in Utah violated the federal False Claims Act (FCA) by billing Medicare and…more
| Health

Second Circuit Clarifies Law on Enforcement of Foreign Arbitral Awards under the New York Convention

On January 18, 2017, the United States Court of Appeals for the Second Circuit (Second Circuit) issued its decision in CBF Indústría de Gusa S/A v. AMCI Holdings, Inc., a case considering important questions on the application…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, International Law & Trade

MEasure - Winter 2017

Amendments to Foreign Fund Private Placement Exemptions in the UAE - In August 2016, the Emirates Securities and Commodities Authority (SCA), the federal securities regulator of the United Arab Emirates (UAE), adopted new…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade

U.S. Wooden Bedroom Furniture Manufacturers Win Continued Relief from Unfair Imports

On January 10, the U.S. International Trade Commission (ITC) determined that revocation of the antidumping duty order on wooden bedroom furniture from China would likely lead to the continuation or recurrence of material injury…more
| International Law & Trade

Federal Court Blocks Aetna, Humana Merger

On January 23, 2017, the United States District Court for the District of Columbia granted the Department of Justice, Antitrust Division’s (DOJ) request for an injunction to block Aetna Inc.’s (Aetna) proposed acquisition of…more
| Mergers & Acquisitions, Health

The Viability of the “Primary Jurisdiction Doctrine” Defense and Other Ways to Stem the Tide of Food & Beverage Class Actions

As our readers are well aware, in the past decade, food and beverage manufacturers have faced an unrelenting onslaught of putative class actions challenging allegedly false or misleading labels. In the January 2016 issue, we…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability
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Contact

1180 Peachtree Street NE
Atlanta, Georgia 30309, United States

  • 404 572 4600
  • 404 572 5100

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