News & Analysis as of

Misrepresentation

Court denies restitution sought by CFPB in lawsuit against biweekly mortgage payment companies

by Ballard Spahr LLP on

In another recent defeat for the CFPB, a California federal district court refused to award restitution sought by the CFPB in its lawsuit filed in May 2015 against two related companies offering a biweekly mortgage payment...more

Say Goodbye to the 30/60 Day Rule

by Baker Donelson on

When applying for a nonimmigrant or temporary U.S. visa and when actually seeking to enter the U.S., most applicants – including those for B visitor, F student and J exchange visitor – are required to convince the consular or...more

Fraudulent “Social Security Maximization” Scheme Ends With Guilty Plea

by Dorsey & Whitney LLP on

P.T. Barnum should have said “there is a new scheme born every minute.” Yesterday a Wall Street office and Sinatra songs were used to lure would-be investors to a commodity fraudster who took investor funds for his own and...more

Latest Decision in Kona Beer Branding False Advertising Case

by McDermott Will & Emery on

The US District Court for the Northern District of California’s recent opinion in Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027-BLF (Sept. 1, 2017) represents the latest decision in the now long-line of false...more

Delaware Law Updates – Anti-Reliance Provision In Merger Agreement Justifies Non-Payment Of Working Capital Deficiency

by McCarter & English, LLP on

Sparton Corp. v. O’Neil, et al., C.A. No. 12403-VCR (Del. Ch. Aug. 9, 2017) – In this opinion, the Delaware Court of Chancery addressed a situation in which a purchaser of a company discovered that the actual amount of...more

Federal Trade Commission Reaffirms Commitment to Enforce EU-US Privacy Shield

by Dechert LLP on

The U.S. Federal Trade Commission (FTC) recently settled enforcement actions against three companies accused of misleading consumers about their participation in the European Union-United States Privacy Shield framework,...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

In the period beginning the week before the Labor Day holiday and the week following it, the Commission brought a series of actions which included three insider trading actions. One involved an attorney who used information...more

Petratos v. Genentech: Escobar’s “Heightened Materiality Requirement” Is Significant Pleading Hurdle in False Claims Act Suits

In a recent False Act Claims (FCA) suit involving the blockbuster cancer drug Avastin, the Third Circuit barred a relator’s qui tam suit because his Complaint lacked sufficient factual allegations that, if true, would...more

Healthcare Law Update: September 2017

by Holland & Knight LLP on

OIG Advisory Opinions - Manufacturer's Free Replacement of Spoiled Pharmaceutical Products Authorized - On Aug. 25, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG)...more

Western District Of Texas Dismisses Securities Fraud Suit Against Whole Foods, Finding Alleged Knowledge Of In-House Counsel Could...

by Shearman & Sterling LLP on

On August 25, 2017, Judge Lee Yeakel of the United States District Court for the Western District of Texas dismissed with prejudice a putative securities class action against Whole Foods Market, Inc. and certain of its...more

Reverse Midas: Doctor Turns His $38K Debt into $65K Debt

by Faegre Baker Daniels on

Dr. Bob Halterman is something of a Midas-in-Reverse. His refusal to pay $38,000 he owed Johnson Regional Medical Center resulted in a $65,000 judgment in favor of the hospital. When the hospital recruited Dr. Bob, the...more

Broken Promises: Not Actionable Fraud In Florida

by Fox Rothschild LLP on

I previously blogged on the continuing existence of the independent tort doctrine in Florida. In lawsuits between parties who bargained for their remedies in a contract, the independent tort doctrine will bar tort actions...more

Federal Jury Returns $150 Million Punitive Verdict Against AbbVie—Without Awarding Any Compensatory Damages For The Plaintiff’s...

You’ve likely seen by now media reports about an Illinois federal jury’s $150 million punitive award against AbbVie in a case brought by a plaintiff who alleged that AbbVie’s low-T medication AndroGel caused his heart attack....more

Trading in Opaque Markets: Fraud, Materiality and Compliance

by Dorsey & Whitney LLP on

This is the final segment of an occasional series regarding a group of criminal and civil securities fraud actions involving trading in opaque markets and the lessons that can be drawn the prosecutions. ...more

Jury Tests the Limits in AndroGel False Ad Verdict

In late July, an Illinois jury came to a bizarre verdict in a case over an alleged link between heart attacks and AndroGel, a gel product used for treating low testosterone (or “low T”). The jury found that AbbVie, Inc., the...more

DC AG Announces Judgment Against Student Debt Relief Provider

by Goodwin on

?On August 24, 2017, the Attorney General for the District of Columbia (D.C. AG) announced that his office won a judgment in the D.C. Superior Court against a debt relief provider and its owners. The DC AG alleged that the...more

A Bold Victory for Copyright Fair Use

Get your webcams ready: the reaction video genre got a huge shot in the arm from the Southern District of New York this week. h3h3 Productions, a popular YouTube channel with well over four million subscribers, has been...more

The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies

by Mintz Levin on

Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more

Federal Trade Commission Presses Forward with Data Security Enforcement in Settlement with Uber

by Ropes & Gray LLP on

On August 15, Uber Technologies, Inc. (“Uber”) reached an agreement with the Federal Trade Commission (“FTC”) to settle allegations that the company deceived consumers by misrepresenting its security and employee access...more

Northern District Of California Dismisses Putative Securities Fraud Class Action Against SolarCity Corp. For Failure To Adequately...

by Shearman & Sterling LLP on

On August 11, 2017, Judge Lucy H. Koh of the United States District Court for the Northern District of California dismissed a putative securities class action brought against SolarCity Corp. (“SolarCity”) and four of its...more

CGL Insurance Coverage for Advertising Injuries: Upping the Ante for IP Litigation

by Jones Day on

August 2017 In Short The Situation: Reversing a pair of federal district court rulings, the Fifth and Ninth Circuits have held that insurers must defend commercial general liability policyholders in advertising injuries...more

An Oil Patch Morality Play – Part 2

by Gray Reed & McGraw on

We recently discussed Freeman v. Harleton. The opinion shows the transaction as a bunco job. Here’s more: Bufkin and Wayne Freeman have done business together since the 1980s. They had a co-development agreement with...more

Defamation and regulatory claims against short-sellers in Canada

by DLA Piper on

Public companies in Canada can reasonably expect a degree of scrutiny by market participants. Analysts might question fiscal projections. Shareholders might question board decisions. Regulators might question the adequacy of...more

Virginia AG Obtains $480,000 Settlement with Small-Dollar Lender

by Goodwin on

On July 25, 2017, the Virginia Attorney General’s Office (Virginia AG) announced that it had reached a settlement with a small-dollar open-end credit lender. According to the Virginia AG, the lender offered open-end cash...more

Summary Judgment for Insurer in Annuity Sales Practices Action

by Carlton Fields on

On March 31, in Chambers v. N. American Co. for Life & Health Ins., an action alleging RICO violations and other claims in the sales of deferred annuities to seniors, the Southern District of Iowa granted the insurer’s motion...more

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Cybersecurity

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