Newsletters

07.27.16

The FCA: Escobar Means More Than You Think

On June 6, 2016, the Supreme Court issued a unanimous decision in the Medicaid case of Universal Health Services, Inc. v. United States ex rel. Escobar, adopting a form of the "implied certification" theory of knowingly fraudulent representations under the False Claims Act (FCA).


07.21.16

“Official Acts”—What They Are… and Are Not

On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act” consists of a concrete decision or action taken with respect to a proceeding pending before a court, agency or committee, and that ...


07.19.16

FCC: U.S. Government Is Not a Person Under TCPA

In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the Telephone Consumer Protection Act, the Federal Communications Commission issued a declaratory ruling on July 5, finding that the ...


07.15.16

Patchwork Expands as More Cities Adopt Paid Sick Leave

Following the recent example of Los Angeles and adding to the current patchwork of jurisdictions providing paid sick leave across the country, two other cities have enacted mandatory sick leave for employees.


07.07.16

Supreme Court: Status Quo in Cuozzo

On June 20, 2016, the Supreme Court decided Cuozzo Speed Technologies v. Lee, where it rejected challenges to the Patent Trial and Appeal Board (PTAB) inter partes review (IPR) process and held that (1) PTAB decisions regarding whether to institute IPR proceedings are by statute not subject to ...


07.06.16

FAA’s Final Rule on Commercial Unmanned Aircraft Systems (UAS)

The Federal Aviation Administration promulgated its final rule on small commercial unmanned aircraft systems, called Part 107, on June 21, 2016.


06.30.16

LA Doubles Down on Sick Leave, Minimum Wage Increase

Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum wage—Los Angeles employers now have an added wrinkle to deal with.


06.23.16

Hospital Mergers: Is the FTC’s Winning Streak Over?

Following a winning streak dating back to its 2007 win in Evanston,1 the Federal Trade Commission (FTC) has suffered two losses over the last month in two of its three pending hospital merger challenges.


06.21.16

Lyft Swerves to Avoid TCPA Claim, But Suit Continues

A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law claims, but ruling that the ride-sharing company could not be liable under the federal statute for an advertising campaign that allowed ...


06.17.16

California Considers Extending Fair Pay Act to Race, Ethnicity

Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair Pay Act (FPA) to include protections for race and ethnicity.