The fight against sophisticated online schemes to sell counterfeit or otherwise illegal goods is being waged by increasingly focused efforts to identify responsible parties that may be sued in U.S. courts, and whose assets...more
On May 14, 2013, Judge Lewis A. Kaplan of the Southern District of New York affirmed a magistrate judge's decision denying plaintiff Chevron Corporation's ("Chevron's") motion to quash deposition notices for Chevron CEO John...more
With the occurrence of near daily threats against the nation’s critical infrastructure (CI), cybersecurity continues to be a constant concern of owners and operators of CI, Congress and the Obama Administration. Responses to...more
In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations...more
In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more
In This Issue: - STATE EFFORTS TO RESTRICT HEALTH INSURER USE OF “MOST FAVORED NATION” CLAUSES IN PROVIDER CONTRACTS CONTINUE TO MULTIPLY: Over the last several years, several states have considered legislation...more
Counterfeiting is a critical problem for trademark and copyright owners (‘IP owners’) affecting all industries, from pharmaceuticals and medical devices to electrical and auto products, toys and fashion items. To effectively...more
Racketeer Influenced and Corrupt Organizations Act, or RICO, is a federal law enacted in 1970. The original purpose of this was to help the police to bring mafia members to justice. It focuses on racketeering and provides...more
UBS and Barclays Acknowledge Making False Libor Submissions. Investigations into misconduct at UBS and Barclays have revealed pervasive corruption of the London Interbank Offered Rate (“Libor”), which provides a benchmark for...more
To state that the federal RICO statue has long since slipped the bounds of Congress’s original intent is hardly a novel observation. Although the U.S. Attorney’s Manual points out that "the purpose of the RICO statute is 'the...more
For those interested in the unique legal issues presented by the licensing and litigation efforts of non-practicing entities, the Chicago-based litigation involving non-practicing entity Innovatio IP Ventures, LLC, has...more
On October 12, 2012, two affiliated companies that operate nursing homes and assisted living facilities in Connecticut jointly filed a RICO lawsuit against two local union affiliates in U.S. District Court in New Jersey. They...more
The Racketeer Influenced and Corrupt (RICO) Act is a federal law that was enacted in the 1970s with the specific intent of prosecuting individuals involved in organized crime groups who order or mastermind, rather than...more
In Zavala v. Wal-Mart Stores, Inc., 2012 WL 3217522 (3d Cir. August 9, 2012), the Third Circuit Court of Appeals clarified the standard for final certification of a collective action under the Fair Labor Standards Act (FLSA),...more
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