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The New Jersey Supreme Court issued a decision broadly interpreting a longstanding, but previously little-used, consumer protection statute that exposes companies to substantial mandatory statutory penalties for mere technical violations of a wide array of federal and state laws.

This week, the U.S. District Court for the District of Nevada upheld a Federal Rule of Evidence 502(d) claw back agreement intended to protect against the waiver of privilege upon the inadvertent disclosure of privileged material

The TCPA prohibits the use of an automatic telephone dialing system ("ATDS") to place calls to wireless phones without the called party’s prior express consent

The Financial Accounting Standards Board (FASB) has once again waded into the sensitive subject of disclosure of loss contingencies by proposing new standards for required disclosures of possible losses and liabilities (the 2010 Exposure Draft).

The Medicare Payment Advisory Commission’s (MedPAC) June 2013 Report to Congress (the "June Report") includes an exploration of options for reducing payment differences across ambulatory settings.

On Dec. 19, 2011, the Centers for Medicare & Medicaid Services (CMS) released a Proposed Rule to implement § 6002 of the Patient Protection and Affordable Care Act (PPACA), commonly referred to as the Physician Payment Sunshine Act (Sunshine Act).

In University of Texas Southwestern Medical Center v. Nassar, decided June 24, 2013, the United States Supreme Court held that a plaintiff can no longer establish a retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), merely by demonstrating that retaliation was a "motivating factor" in the employer’s decision to fire, demote or otherwise take adverse action.

On February 9, 2012, the Commodity Futures Trading Commission (CFTC) issued a final rule regarding changes to Part 4 of the Commission’s regulations involving registration and compliance obligations for commodity pool operators (CPOs) and commodity trading advisors (CTAs).

Managed payout funds are mutual funds designed to provide a steady stream of retirement income while still allowing retirees access to their money during their lifetime.

We previously discussed some recent mootness decisions coming out of the federal courts in Florida.

In drafting the provisions of the Bankruptcy Code relating to nonresidential real property, Congress intended commercial landlords to be "entitled to significant safeguards."

On December 3, 2013, a Fourth Circuit panel issued an opinion situated at the familiar intersection of Dormant Commerce Clause jurisprudence and trash

Once again, a defendant has defeated a TCPA class certification motion on the ground that the liability inquiry would require individualized inquiries into class members’ consent to receive calls, precluding a finding of predominance.

This bulletin discusses the impact of the U.S. Department of Labor’s (DOL) final 408(b)(2) disclosure regulation on discretionary investment managers – that is, investment advisers with the authority to manage the assets of ERISA-governed retirement plans.

The Delaware Court of Chancery recently joined a growing number of jurisdictions in the adoption of guidelines that concern the discovery of electronically stored information (commonly referred to as "ESI").

This Report fulfills Section 618 of the Food and Drug Administration Safety and Innovation Act (FDASIA), Public Law 112-144.

New York’s highest court has held that the in pari delicto and imputation defenses remain available to a corporation’s outside auditor who allegedly failed to detect the malfeasance of the corporation’s executives. Kirschner v. KPMG, LLP, and Teachers’ Retirement System of Louisiana v. PricewaterhouseCoopers, LLP (October 21, 2010) (Kirschner).