The Momentive Decision: Another Warning to Debtholders and Indenture Trustees to Ensure That Your Make-Whole is Not Full of Holes
On April 13, 2014, MPM Silicones, LLC and certain debtor affiliates (the Debtors) filed for bankruptcy protection under Chapter 11 of the United States Bankruptcy Code. The Debtors filed their plan of reorganization (the Plan) about a month later.
On Wednesday, September 17, 2014, Leslie Caldwell, Assistant Attorney General for the Criminal Division of the US Department of Justice (DOJ), joined the chorus of federal officials promising heightened criminal enforcement targeting those engaging in fraud against the federal government.
Thanks to a recently announced change to Facebook’s “Platform Policy,” it will soon become more difficult for companies to get consumers to “like” their Facebook page as part of a promotional campaign. The change will take effect on November 5, 2014.
On August 20, 2014, Judge Leonard P. Stark issued what appears to be the first order requiring a branded pharmaceutical company to delist a patent from the Food & Drug Administration’s (FDA) Orange Book.
On September 15, 2014, Arent Fox was in attendance at the Federal Trade Commission’s (FTC) public workshop on so-called “Big Data” that was designed to explore how its use is impacting American consumers.
In this episode of Fashion Counsel, Partner Anthony Lupo talks with Francis Pierrel, President and CEO of Lacoste North America.
According to an OSHA Letter of Interpretation (the “Sallman Letter”), employees at a workplace without a collective bargaining agreement may designate a person affiliated with a union to act as their “personal representative” for OSH Act purposes.
In the Preamble, ONC states it was driven by its goals and timeline to enhance health information exchange by making the program “more effective and less burdensome in achieving regulatory objectives,” while increasing “regulatory flexibility” and promoting further innovation.
European Data Protection Authorities (DPAs) — the entities responsible for enforcing the European Union (EU) Data Directive and the EU Cookie Directive — are taking part in what is being referred to as “Cookie Sweep Day.”
OSHA Expands Scope of Severe Injury Reporting Rule; Employers Must Now Notify OSHA of Fatalities, All In-Patient Hospitalizations, Amputations and Eye Loss
On September 11, 2014, OSHA announced new requirements for the severe injury reporting rule. Employers will now be required to notify OSHA of all work-related in-patient hospitalizations, amputations and eye loss within 24 hours of their occurrence.
A flurry of recent class action lawsuits is forcing clothing retailers to rethink their marketing tactics for outlet stores.
Investment Services Targeted, Sectoral Sanctions Move Debt Sanctions from 90 to 30 days, Certain Oil Exploration/Production Exports and Services Prohibited
Following a trend, including a recent amendment in New York City reported here, on September 10, 2014, California Governor Jerry Brown (D) signed legislation into law that will require most California employers to provide up to three paid sick days per year for employees.
Eighth Circuit Joins Handful of Federal Courts of Appeals to Erode Important Defendant Protections in False Claims Act Actions
An unfortunate trend for defendants in False Claims Act (FCA) cases is continuing as the Eighth Circuit Court of Appeals joined other federal circuit courts in lowering the pleading standards that qui tam relators (whistleblower plaintiffs) must satisfy in FCA cases.
FTC settled with L’Oréal USA Inc. over charges that the company made deceptive claims regarding the benefits of two of its products.
On August 29, 2014, the United States Department of Justice filed an action against two nursing homes located in Watsonville, California for defrauding the Medicare and Medicaid programs.
A recent case filed in US District Court for the Southern District of Florida charges A&E Television Networks, LLC, with willful trademark infringement and unfair competition stemming from merchandise for the hit reality show Duck Dynasty.
Caveat Manufacturer: A Definitive Product Liability Guide for Foreign Manufacturers and Exporters Doing Business in the US
Foreign manufacturers entering the American market are often tripped up by consumer safety and liability laws that could derail a successful product launch.
Walmart recently argued that the US District Court for the Eastern District of California should not grant class certification in a suit alleging that Walmart’s data collection practices violate California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).
The California Supreme Court Delivers: Domino’s Pizza Not Liable for Franchisee’s Employment Actions
The California Supreme Court has become the most recent legal body to weigh in on the issue of franchisor liability for franchisee employment actions.