Enforcement

News & Analysis as of

MoFo IP Newsletter - November 2016

FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes” - October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare...more

San Jose Ordinance: Offer Hours to Existing Employees before Hiring New Workers

On November 8, over 63% of San Jose voters approved a first-of-its-kind ordinance that requires San Jose employers to offer additional hours of work to qualified existing employees before hiring new employees, subcontractors,...more

Guest Post — Do It If It Makes You Feel Good: FTC’s Report on Homeopathic Medicine Advertising

What follows is a guest post by John Feldman, a partner in Reed Smith’s Entertainment and Media Industry Group. John closely follows all things Federal Trade Commission and approached us when he saw the FTC weighing in a...more

FTC Addresses Homeopathic Drug Advertising

The Federal Trade Commission (“FTC”) recently released an enforcement policy statement regarding marketing claims for products in the over-the-counter (“OTC”) homeopathic drug market. Long permitted to fly under the FTC’s...more

Health Update - November 2016

Post-Election Analysis: Healthcare Antitrust in a Trump Administration - In a Republican sweep of all the elected branches of the federal government, Donald Trump won the presidential election and Republicans retained...more

FERC Proposes Rules on Electric Storage and Distributed Energy Resource Participation in Organized Wholesale Power Markets,...

FERC issued a proposed rule last week that has the potential to blaze a path forward for electric storage and distributed energy resources in organized wholesale electricity markets. It also released its annual enforcement...more

Cybersecurity 2017 – The Year In Preview: The Changing Face of State Law and Enforcement

Editor’s Note: This is the second in a continuing end-of-year series. Stay tuned for our next installment, discussing HIPAA compliance. In the patchwork of state and federal law regulating the use and maintenance of...more

2016 FERC Enforcement Report: Trends Continue, with More Court Fights

The report shows a continued focus on manipulative conduct in energy markets as well as serious mandatory reliability standards violations, but also shows FERC’s increasing caseload in federal court....more

McDermott International Legal Highlights November 2016

The New World of Global Tax Planning: a Checklist for Success - As all multinationals (MNEs) are discovering, domestic implementation of the recommendations set out in the base erosion and profit shifting (BEPS) final...more

World Bank’s Integrity Vice President (INT) Releases Annual Report for Fiscal Year 2016

On October 7, 2016, the Integrity Vice President (INT) of the World Bank Group (the “Bank”) released its annual report for fiscal year 2016 (the “Report”). In the Report, INT provides insight into the Bank’s efforts to combat...more

FTC Issues Long-Awaited Enforcement Policy on OTC Homeopathic Drugs

We reported a few weeks ago about a new warning from FDA related to the safety of certain teething-related, non-prescription homeopathic drug products, and in that post we mentioned that both FDA and the Federal Trade...more

OSHA delays enforcement of limitations on post-accident drug testing

In previous articles, we discussed the Occupational Safety and Health Administration’s (OSHA) new rule regarding the reporting of workplace injuries and illnesses. One part of the rule requires employers to...more

How to Prepare for the Significant Changes to U.S. Trade Policy under President Donald Trump

On Tuesday, November 8, 2016, Donald Trump was elected President of the United States after a campaign in which he repeatedly criticized long-standing principles of U.S. trade policy. Mr. Trump’s victory is likely to lead to...more

Peering into Hinshaw’s Crystal Ball: How the Trump Administration May Affect Labor and Employment Landscape

With the election of Donald Trump and transition to a Republican administration looming, employers are scrambling to predict what impact Trump will have on labor and employment policy and enforcement initiatives. What...more

NRC Announces Updates to Enforcement Policy

The updates involve a change in the way the NRC implements its enforcement mandate. The US Nuclear Regulatory Commission (NRC) announced on November 7 a number of changes to the NRC Enforcement Policy (Policy). This...more

Private equity’s top ten issues for the next president

Many of the issues on the next President’s plate have unique resonance within the private equity world. Here is our list of the top ten private equity issues that the new President and Congress may tackle in the upcoming...more

Advertising Law - November 2016

Ken Bone: Breakout Star, Violator of FTC Guides? - One thing folks on both sides of the political aisle can agree upon is that Ken Bone left the second presidential debate as a breakout star. But he may have tripped up...more

Business Litigation Report - October 2016

Structuring Foreign Investment to Ensure Treaty Protection - Although it is common practice for businesses to structure their investments abroad through jurisdictions that maximize tax and other advantages—such as the...more

October 2016: Structuring Foreign Investment to Ensure Treaty Protection

Although it is common practice for businesses to structure their investments abroad through jurisdictions that maximize tax and other advantages—such as the Isle of Man or the British Virgin Islands—investors less frequently...more

Antitrust Authorities to Prosecute Criminally Anticompetitive Hiring and Compensation Agreements

The United States federal antitrust authorities announced last week that companies who have in place formal or informal hiring or compensation agreements with competitors may now face criminal prosecution. This is a notable...more

Financial Services Weekly News - October 2016 #3

Editor's Note - Another Cybersecurity Proposal. On the heels of the New York State Department of Financial Services (NYDFS) issuing its proposed regulation that would require banks and insurance companies to institute...more

HHS Issues Final Rule that Expands the Requirements for Disclosure of Clinical Trial Data to ClinicalTrials.gov

On September 21, 2016, the Department of Health and Human Services (HHS) published a final rule that greatly expands the information that sponsors of “applicable drug clinical trials” and “applicable device clinical trials”...more

FTC and DOJ Issue Guidance on Application of Antitrust Law to Employee Hiring and Compensation

On Thursday, October 20, 2016, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) jointly released Antitrust Guidance for Human Resources Professionals (guidance) to explain how...more

Sharing Consumer Health Information? Look to HIPAA and the FTC Act

Does your business collect and share consumer health information? Check out these tips from the FTC for complying with HIPAA and the FTC Act....more

IRS Issues Final Debt-Equity Regulations

On October 13th, the Internal Revenue Service (“IRS”) followed through on its promise to issue final regulations and temporary regulations under Section1 385 (the “Final Regulations” and “Temporary Regulations,” respectively)...more

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