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  • Article

    Sixth Circuit Clarifies Proof Required To Show Below-Cost Pricing In Antitrust Case

    A recent Sixth Circuit decision clarified the minimum standard a plaintiff must meet to prove a claim of below-cost pricing under either the concerted or independent antitrust provisions of the Sherman Act.
    United StatesAntitrust/Competition Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Cyber Security Meets Product Liability

    More and more products are becoming part of the "Internet of Things" ("IoT") – products that connect, store or transmit information via the Internet. Experts estimate that by 2020 there will be...
    United StatesConsumer Protection
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Tennessee Business Court Awards Big Bucks Against Violator Of Tennessee Consumer Protection Act

    The court had previously determined that it had in personam and subject matter jurisdiction over all of the foreign defendants.
    United StatesConsumer Protection
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Deadline Extended – HHS Additional Allocation Of CARES Act Provider Relief Fund To Certain Hospitals – New Submission Deadline – 3:00PM ET, Saturday, April 25, 2020

    The CARES Act appropriated $100 billion to establish a Provider Relief Fund to distribute payments to health care entities across the country that have been affected by COVID-19.
    United StatesCoronavirus (COVID-19)
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Federal Contractor Vaccine Mandate Blocked In Kentucky, Ohio, And Tennessee

    On November 30, 2021, the United States District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to halt enforcement of the vaccine mandate for federal contractors...
    United StatesCoronavirus (COVID-19)
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Impacts Of The Expiration Of Mississippi's COVID-19 State Of Emergency On Healthcare Providers

    On November 11, 2021, Mississippi Governor Tate Reeves, in coordination with State Health Officer Thomas Dobbs and MEMA Executive Director Stephen McCraney, announced Mississippi's COVID-19 State of Emergency ("SOE") would be extended eight days.
    United StatesCoronavirus (COVID-19)
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Working Remotely During COVID-19: Data Security Risks

    Many employees are working remotely during the COVID-19 pandemic. The COVID-19 pandemic has led to specific data security risks.
    United StatesCoronavirus (COVID-19)
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Breach Of Contract Claims Do Not Necessarily Constitute Unfair Trade Practice Violations

    Louisiana, like many states, prohibits unfair trade practices. Because Louisiana law authorizes the recovery of treble damages and attorney's fees for unfair trade practice violations...
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Position Accepted By Trial Court, And By Court Of Appeals, Was Insurance Company Bad Faith: Washington Supreme Court

    The Washington Supreme Court just handed a defeat to Washington State liability insurers, holding that ProBuilders Specialty Insurance Company had a duty to defend a carbon monoxide poisoning case...
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Potential Coronavirus Impact On Commercial Transactions: Thinking Ahead

    Many of these business strains will be ironed out in the regular course of business.
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Revisiting Red Flags

    The Securities Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) adopted joint rules addressing identify theft as required under the Dodd-Frank Wall Street Reform and Consumer Protection Act
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Broad Language In Settlement Agreement Helps Settling Plaintiff Hang On To Millions, Despite Claims That Settlement Was Obtained Via Fraud On The Court

    A plaintiff who received fifty five million dollars (and 22,500 acres of land) via a settlement was able to hang on to all of it...
    United StatesCriminal Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Companies As Victims Of Internal Crimes: Internal Investigations Can Make A Critical Difference

    For corporate entities across the entire spectrum—small, medium and (especially) large, both closely held and publicly traded—a virtually unavoidable reality is not if the company will be a victim...
    United StatesCriminal Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    The Government Knowledge Defense To The False Claims Act After Universal Health Services

    As recited in seemingly every brief and opinion involving the statute, the False Claims Act traces its history to the Civil War and efforts to deter and punish fraud on the Lincoln administration.
    United StatesCriminal Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    A Severance Agreement Can No Longer Silence Out-Going Employees

    For years, confidentiality and non-disparagement clauses have been integral parts of any agreement where the employer agrees to pay the departing employee a severance. These types of provisions protect...
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Are You My Fiduciary? The DOL Takes Aim At A Fiduciary Standard For All Giving Retirement Investment Advice

    The Department of Labor is pressing forward in its efforts to impose a fiduciary standard on anyone giving retirement investment advice.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Avoiding Snares In Workplace Wellness Programs

    Encouraged by health insurance companies, workplace wellness programs have become trendy. Wellness programs help prevent disease and encourage employees to adopt healthier lifestyles.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Department Of Labor Proposed Increased Salary Threshold For Exempt Employees

    The U.S. Department of Labor (DOL) recently proposed a rule to raise the salary threshold for the white collar overtime exemptions from the current $684 per week minimum...
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    EEOC Lawsuits Against Employers Are On The Rise

    Although the EEOC typically does not file lawsuits on behalf of charging parties, the number of lawsuits being filed by the EEOC is on the rise.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Employers Should Not Forget The Federal Law That Protects Servicemembers

    With Veterans Day recently passed, it seems like a good time to remind employers of a federal law with teeth that protects employed servicemembers.
    United StatesEmployment and HR
    Butler Snow LLP
    Butler Snow LLP

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