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The Supreme Court has held that the antitrust laws may forbid patent settlements that delay the market entry of generic drugs in return for large payments from manufacturers of competing branded drugs....more
Irrevocable trusts are now subject to varying degrees of amendment by court approved modifications, trust protector actions, private settlement agreements, and, of course, decanting....more
Papa John’s has settled for $16.5 million a class action lawsuit alleging that the pizza chain illegally spammed its customers with text messages. If the settlement is approved by a judge, each class member will receive $50...more
Raising children, it is sometimes said, takes an open heart, an open mind and an open wallet. ...more
Last fall, I wrote an article for Carolina Banker magazine excitingly titled “Bank Liability to Non-Customers in a Ponzi Scheme.” The crux of it concerns the potential liability to banks in Ponzi schemes and the precautions...more
Divorce is a deeply personal and emotional matter, and the people involved are unique. As a result, no single approach is right for everyone. An emerging approach in family law is collaborative divorce, which is a dispute...more
BCBSM Charges Self-funded Customers Hidden Fees starting in 1994 - Prior to 1994, BCBSM charged its self-funded customers various surcharges and subsidies to prop up its insured lines of business, but those surcharges...more
A Return to the Basics - Reading, understanding and interpreting an insurance policy can get pretty complicated. Coverage, exclusions, definitions, notice requirements, time limits – every provision of a policy can be...more
The Sacramento Superior Court last week issued its ruling on the long-running coordinated cases challenging the state’s landmark Quantification Settlement Agreement (QSA), validating the QSA and eleven related agreements...more
This is the third in a series of four articles discussing the DOJ’s settlement with six of Silicone Valley’s big high-tech companies. The settlement prohibits the companies from signing any Non-Solicitation of Employees...more
On May 30, New York Governor Andrew Cuomo and the Department of Financial Services announced that the state obtained agreements from four additional lender-placed insurers – American Modern Insurance, Chubb, Fidelity and...more
On January 11, 2013, the Ontario Superior Court of Justice (Divisional Court) delivered its decision in Re Rankin, upholding the decision of the Ontario Securities Commission (the “Commission”) dismissing an Application to...more
Too often the work of in-house counsel resembles the triage department of a hospital emergency room: Attend to the most immediate crisis and hope the routine complaints quiet themselves with the passage of time. Whether and...more
Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more
On May 28, Allstate Insurance Co. dismissed its lawsuit against Citigroup Inc. and several of its affiliates after reaching a settlement with defendants. The suit related to $200 million of RMBS certificates that Allstate...more
In Datascope Analytics, LLC v. Comcast Cable Communications, Inc., No. 13-608, 2013 U.S. Dist. LEXIS 70215 (E.D. Pa. May 17, 2013), the District Court dismissed a proposed class action at the inception of the lawsuit because...more
A small drug company that was bought last year by Bausch & Lomb has pleaded guilty to bribing doctors to prescribe eye pain drug Xibrom for unapproved uses and will pay $33.5 million in fines to settle both a criminal and...more
The Travelers Indemn. Co. v. Excalibur Reinsurance Corp., No. 3:-CV-1209 (CHS), 2013 U.S. Dist. LEXIS 50134 (D. Conn. Apr. 8, 2013). We all know that reinsurance may not be the most exciting subject to read about. ...more
Procedural rules that govern lawsuits in federal court permit defendants to make an “offer of judgment,” which is a mechanism allowing a defendant to offer to settle a lawsuit....more
On May 28, the FHFA, acting on behalf of Fannie Mae and Freddie Mac, dismissed its lawsuit against Citigroup Inc. and certain of its affiliates and employees after reaching a settlement with defendants. The lawsuit related to...more
When considering the optimal forum for bringing a patent infringement case in the US, litigators may find it useful to take into account not only client exposure and received wisdom, but also statistical information about the...more
On May 29, French oil and gas company, Total SA, agreed to pay $398 million to settle US civil and criminal allegations that it paid bribes to win oil and gas contracts in Iran in violation of the Foreign Corrupt Practices...more
On May 23, a group of 17 housing and advocacy organizations sent a letter to U.S. District Court Judge Rosemary Collyer – the judge presiding over the consent judgments that constitute the National Mortgage Settlement –...more
The district court in Dennis v. Kellogg recently granted preliminary approval of a revised class action settlement. Kellogg is a class action alleging unjust enrichment, as well as violation of California’s Unfair Competition...more
For anyone who grew up in the 1960s, I am sure that you remember the touchstone slogan for Tareyton cigarettes, “I’d rather fight than switch”. ...more
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