Morgan Lewis

Omnicare Decision Clarifies Grounds for Section 11 Liability

The Supreme Court holds that section 11 liability does not attach to a statement of opinion merely because the opinion is objectively false. On March 24, the US Supreme Court issued its highly anticipated decision in…more
| Business Organizations, Business Torts, Securities Law

Increased FTC Enforcement as FDA Deregulates Low-Risk Health IT Devices

The FTC steps up enforcement of misleading software and mobile app promotional claims as FDA deregulates low-risk health IT devices. In recent weeks, the Federal Trade Commission (FTC) has taken several enforcement actions…more
| Administrative Law, Communications & Media Law, Health, Science, Computers, & Technology

Supreme Court Rules That TTAB Decisions Can Have Preclusive Effect in Infringement Actions

The ruling creates new risks to assess in TTAB litigation strategies. On March 24, the US Supreme Court decided in the case of B&B Hardware, Inc. v. Hargis Industries, Inc. that a decision by the Trademark Trial and Appeal…more
| Administrative Law, Civil Procedure, Intellectual Property

Final Rules Released for Hydraulic Fracturing on Federal and Tribal Lands

The Bureau of Land Management contends that its new rules are consistent with state regulations and industry standards, but stakeholders believe that the rules are unnecessary or simply miss the mark…more
| Constitutional Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

While FDA’s Proposed e-Cigarette Rule is Pending, FTC Mulls Enforcement Action

Ahead of finalizing FDA’s tobacco products “deeming” rule, the FTC considers taking enforcement action against e-cigarette firms for violative advertising, marketing, and sales practices…more
| Administrative Law, Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection

DOL Amends Timing Requirement for Participant-Directed Plan Disclosures

The final rule gives greater leeway for the distribution deadline of annual participant disclosures. In its 2010 participant disclosure rule for participant-directed individual account plans (Regulation 404a-5), the US…more
| Labor & Employment Law, Finance & Banking

Department of Labor Retirement Initiative Fails to Consider Current Regulatory Regime, which Comprehensively Protects Investors, Including IRA Investors, and Preserves Investor Choice

We have prepared this white paper to address errant claims made in the Council of Economic Advisers’ (CEA) report, “The Effects of Conflicted Advice on Retirement Savings” (CEA Report), regarding perceived inadequacies in the…more
| Labor & Employment Law, Finance & Banking

California’s Class II Underground Injection Wells Subject to Increased Scrutiny

EPA sets new requirements and compliance deadlines for a stricter regulatory oversight program. On March 9, the US Environmental Protection Agency (EPA) released a letter to the California State Water Resources Control…more
| Administrative Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Department of State Releases April 2015 Visa Bulletin

Cutoff dates in the EB-2 India category advance by eight months, cutoff dates in EB-3 for the Rest of the World advance by four months, cutoff dates in the EB-2 China advance by seven months, and cutoff dates for China EB-3…more
| Labor & Employment Law, Immigration Law, International Law & Trade

SEC Considers Active ETF Listing Standards, Approves Paired Class ETP

Although the proposed listing standards could significantly reduce regulatory barriers, commissioner dissent in exchange-traded product order underscores regulatory concerns about novel products…more
| Administrative Law, Business Organizations, Finance & Banking, Securities Law

DRECP: Federal Elements Proceed, State and Local Elements Deferred

Agencies’ adoption of a phased implementation approach raises questions about the coordination of state and federal efforts to meet energy and conservation goals…more
| Administrative Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

IRS Proposes Curtailing “Next-Day Rule” in Corporate Acquisitions

Are you a day late? - On March 5, the Internal Revenue Service (the IRS) published proposed regulations (REG-100400-14, RIN 1545-BM14) (the Proposed Regulations) that would place strict new guidelines on the “next-day…more
| Business Organizations, Mergers & Acquisitions, Taxation

FDA Issues Final Guidance on Reprocessing of Medical Devices

The US Food and Drug Administration (FDA) issued a final guidance document on March 12 titled “Reprocessing Medical Devices in Health Care Settings: Validation Methods and Labeling.” Although the final guidance was expected to…more
| Administrative Law, Health, Science, Computers, & Technology

The Three “Hows” Of Physician Compensation

New care delivery models and healthcare reimbursement trends are heating up the market for hospital employment of physicians yet again, but does a productivity-based compensation model still work in this environment? Hospitals…more
| Labor & Employment Law, Health

No More FSS Tracking Customer Compliance, What’s the Catch?

GSA issues a proposed rule aiming to lower pricing under GSA contracts and impose new data reporting obligations on contractors. On March 4, the U.S. General Services Administration (GSA) issued a proposed rule that amends…more
| Government Contracting
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Phladelphia, PA 19103-2921, United States

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Areas of Practice
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Other U.S. Locations
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