SCOTUS › Federal Trade Commission

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions.

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News & Analysis as of May 19, 2013

Advertising Law -- May 09, 2013

by Manatt, Phelps & Phillips, LLP on 5/9/2013

Harsh Criticism for Ad Industry Over DNT - The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and...more

Privacy & Cybersecurity Update - April 2013

by Joshua Gruenspecht, Ken Kumayama, Stuart D. Levi, Sigrid Neilson, Shari Piré, Pierre Servan-Schreiber | Skadden, Arps, Slate, Meagher & Flom LLP on 4/15/2013

In This Issue: - Data-Breach Class Actions After the Supreme Court Decision in Clapper - California Supreme Court Holds That Song-Beverly Credit Card Act Does Not Apply to Online Purchases -...more

Update On Tribal Loans To State Residents

by Richard Eckman | Pepper Hamilton LLP on 4/5/2013

Native American tribes increasingly are engaging in consumer lending over the Internet. These “tribal loans” present unique legal questions and issues, including whether tribal sovereign immunity shields tribes and their...more

Supreme Court Hears Arguments on "Pay for Delay" Agreements

by Michelle Kim, Seth Mailhot | Sheppard Mullin Richter & Hampton LLP on 4/5/2013

On March 25, 2012, the Supreme Court heard oral argument on the legality of “reverse payment” or “pay for delay” agreements between brand-name and generic drug manufacturers....more

IP Buzz - March 2013

by Venable LLP on 4/1/2013

In this issue: - The Time Is Here: Protecting Your Brands Against New Top-Level Domain Names - Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a...more

Bernstein Shur Business and Commercial Litigation Newsletter #26

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 3/29/2013

We are pleased to present the 26th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a recent U.S. Supreme Court decision favoring the emerging gray market, arbitration of...more

Supreme Court Hears Oral Argument in "Pay-for-Delay" Patent Settlement Antitrust Case

by Jeffrey W. Brennan, Glenn Engelmann | McDermott Will & Emery on 3/27/2013

The Supreme Court’s ruling in Federal Trade Commission v. Actavis, Inc., will almost certainly have major implications for the viability of Federal Trade Commission and private suits alleging that pay-for-delay settlements...more

Case Brief: Federal Trade Commission v. Watson Pharmaceuticals

by Kwame Mensah | McDonnell Boehnen Hulbert & Berghoff LLP on 3/26/2013

[Ed. The Supreme Court heard oral argument today in Federal Trade Commission v. Watson Pharmaceuticals. While Patent Docs will provide analysis regarding the oral argument in a subsequent post, we provide the following...more

Mortgage Banking Update - March 21, 2013

by Richard J. Andreano, Jr., Stefanie Jackman, Bruce Johnson, Anthony Kaye, Barbara S. Mishkin, Allison Mollenhauer, Amy Mushahwar, Burt M. Rublin, Trevor Salter, Matthew Saunig, more +John D. Socknat, Mercedes Kelley Tunstall, Abran Vigil, Michael S. Waldron, Shane Jasmine Young | Ballard Spahr LLP on 3/21/2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

Advertising News & Analysis - March 7, 2013

by Thomas Gilbertsen, Todd A. Harrison, Jeffrey D. Knowles, Erin Seder | Venable LLP on 3/11/2013

In this issue: - Obama Nominates Ramirez to Lead FTC - FDA Warning Letter Makes Shout-Out to Facebook - Supreme Court’s Amgen Ruling: What it Means for Consumer Class Actions - Upcoming...more

Supreme Court rejects CFPB position in FDCPA case

by Barbara S. Mishkin | Ballard Spahr LLP on 3/4/2013

A prevailing defendant in a Fair Debt Collection Practices Act case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court has ruled...more

Supreme Court Limits State Action Immunity In Federal Trade Commission v. Phoebe Putney Health Systems

by Susan E. Foster, Cori Gordon Moore | Perkins Coie on 3/4/2013

In a closely watched decision, a unanimous U.S. Supreme Court has reversed an 11th Circuit decision that invoked the state action doctrine to prevent the Federal Trade Commission (FTC) from challenging a state hospital...more

Par/Paddock Answers FTC Before Supreme Court

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/28/2013

Par PharmaceuticalPar/Paddock, one of the generic drug company defendants in FTC v. Actavis Inc. et al. (the "reverse payment" ANDA settlement case now before the Supreme Court) filed its reponsive brief last week. In it,...more

Supreme Court Reins in State Action Immunity

by Baker, Donelson, Bearman, Caldwell &... on 2/28/2013

Last week a unanimous Supreme Court issued its highly anticipated opinion in FTC v. Phoebe Putney Health System, Inc., addressing the "State action" exemption from application of the federal antitrust laws for the first time...more

Merger-To-Monopoly Held Not Protected By State-Action Immunity

by Matthew Hans, Mitchell Raup | Polsinelli on 2/27/2013

The U.S. Supreme Court on February 19th scaled back the "state action immunity" doctrine, siding with the Federal Trade Commission on an issue that had divided the lower courts and holding that a county Hospital Authority's...more

The Supreme Court Tightens Up State-Action Immunity: Justices Rule that Phoebe-Putney/Palmyra Transaction Is Not Immune from...

by Michael Denniston, Jay L. Levine | Bradley Arant Boult Cummings LLP on 2/27/2013

On February 19, 2013, the Supreme Court unanimously held that the effective acquisition of Palmyra Medical Center (“Palmyra”) by Phoebe Putney Health System, Inc. (“PPHS") in Southwestern Georgia was not immune from antitrust...more

Health Care Reform Update -- February 25, 2013

by Gary Bacher, Joseph P. Hammang, Alexander Hecht, Kevin M. Kappel, Tom Koutsoumpas, Jeremy Rabinovitz, Robert C. Skinner | Mintz Levin - Health Law on 2/26/2013

In This Issue: Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups Scheduled. Excerpt...more

Supreme Court Unanimously Rejects Antitrust Immunity in Hospital Merger Case

by Robert Buchanan, Jr., Michael Gass, Julia Hesse, Christine Savage | Choate Hall & Stewart LLP on 2/26/2013

What you need to know: The Supreme Court issued a unanimous decision siding with the FTC against a hospital merger in Georgia. What you need to do: Companies should conduct careful analysis before investing...more

Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct

by Daniel E. Hemli, Jacqueline R. Java | Bracewell & Giuliani LLP on 2/25/2013

On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the...more

Supreme Court Limits State Action Immunity In FTC v. Phoebe Putney Health System, Inc.

by Melissa Hatch, Jan Levine | Pepper Hamilton LLP on 2/25/2013

On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more

Supreme Court Hands FTC Victory on State Action Immunity

by Jessica Anthony, Leslie John, Jason Leckerman | Ballard Spahr LLP on 2/22/2013

In a unanimous opinion, the U.S. Supreme Court this week tightened the standard for state action immunity under federal antitrust laws in a case involving a hospital merger. This decision arguably tightens the reins on the...more

Placing Limits on the State Action Doctrine, the Supreme Court Subjects Local Government Hospitals to Scrutiny under the Antitrust...

by Ryan Blaney, Monte Dube, Helene Jaffe, Alan Kusinitz, Andrew Wellin, Richard Zall | Proskauer Rose LLP on 2/22/2013

Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have responded to these developments in several ways. One such mechanism, hospital...more

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