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The SEC Issues Guidance to Public Companies on Cybersecurity Disclosures

February 27th, 2018

Over the past year, the SEC has emphasized that one of the primary areas that the Commission will continue to focus its efforts is cybersecurity.  In a speech given by SEC Chairman Jay Clayton on July 12, 2017, Chairman Clayton stated that “[p]ublic companies have a clear obligation to disclose material information about cyber risks and cyber events.”  On September 20, 2017, Chairman...

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Drugmakers Are Denied Supreme Court Review

February 22nd, 2018

On Tuesday, in an order list, the Supreme Court denied petitions for certiorari filed by Pfizer and generic drug-maker Ranbaxy in a pay-for-delay case over the cholesterol drug Lipitor, and by Wyeth Pharmaceuticals (now Pfizer) and generic company Teva Pharmaceuticals in a similar suit over the antidepressant drug Effexor XR. The pharmaceutical companies were sued by purchasers of Lipitor in...

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91,000 Au Pairs Fight for Minimum Wage and Overtime

February 21st, 2018

Au Pairs across the nation recently obtained a huge victory in their fight to gain protection under the Fair Labor Standards Act (“FLSA”) and various other laws.  The U.S. District Court for the District of Colorado granted class certification in a case entitled Beltran v. InterExchange, Inc. – a ruling that allows over 91,000 au pairs to collectively proceed in one lawsuit and...

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Third Circuit Finds That Plaintiffs Can Sue Price-Fixing Conspirators Even When Overpriced Goods Contain Components Supplied By Innocent Non-Conspirators

February 16th, 2018

            In a recent decision, the Third Circuit Court of Appeals found that plaintiffs in antitrust cases can have standing to sue price-fixing conspirators under §4 of the Clayton Act (15 U.S.C. § 15(a)) even when the overpriced goods in question contain ingredients or components provided by innocent non-conspirators.  The case is In re: Processed Egg Products Antitrust...

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California Supreme Court Affirms 75-Year-Old Rule Protecting Consumers

February 12th, 2018

On January 29, 2018, the California Supreme Court issued a ruling in Hernandez v. Restoration Hardware, Inc. preserving a 75-year-old decision requiring class members to enter as a party to the lawsuit before they seek to appeal a class settlement or final judgment of the case. How does this ruling help consumers? The California Supreme Court provided two reasons. First, the rule defends...

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