Newsletters

11.21.17

The Legality of Cost-Sharing Reduction Payments Under the ACA

Health insurers may have experienced uncertainty in 2017 when they were setting 2018 rates for individual plans sold on federal and state exchanges pursuant to the Affordable Care Act (ACA).


11.21.17

Texas Medical Board Immune From Antitrust Suit

In 2015, the Supreme Court injected great uncertainty into the operation of state medical boards with its ruling in North Carolina Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), that when a state board is controlled by active market participants, that entity must be actively supervised ...


11.20.17

Insider Trading: Once More Into the Breach

On Aug. 23, 2017, the Second Circuit decided U.S. v. Martoma, in which the court affirmed a tippee’s conviction in an insider trading case based on the Supreme Court’s 2016 decision in Salman v. U.S. The Martoma opinion further eroded the Second Circuit’s own landmark 2014 ...


11.16.17

California Court Tosses Arbitration Agreement ‘Permeated’ by Unconscionability

Concluding that an arbitration agreement was both substantively and procedurally unconscionable, a California appellate panel affirmed denial of an employer’s motion to compel arbitration.


11.16.17

SEC Provides Greater Deference to Public Company Boards

On Nov. 1, 2017, the Securities and Exchange Commission (SEC) issued Staff Legal Bulletin No. 14I(CF), which articulates important interpretive guidance relating to shareholder proposals submitted to public companies for inclusion in proxy statements.


11.16.17

Lawmakers Speak Out Against Ad Tax Changes

Legislators are pushing back against a proposed alteration to the tax code that would—for the first time—change the treatment of advertising expenses.


11.16.17

Ninth Circuit: Let’s Talk About Comic-Con

The U.S. Court of Appeals for the Ninth Circuit reversed a protective order in the dispute over the “Comic-Con” trademark, finding that a prohibition on the defendants from discussing the case on social media was unconstitutional.


11.16.17

Keep It Concrete, Ad Groups Urge FTC

In new comments filed in advance of a workshop on “informational injury,” a coalition of advertising groups encouraged the Federal Trade Commission to take action in cases involving privacy or data security issues only when consumers have suffered concrete injuries.


11.16.17

Don’t Play Around With Disclosures, CARU Tells Toy Channel

In a recent decision, the Children’s Advertising Review Unit (CARU) called for more prominent disclosures of ad content on a child-directed YouTube channel.


11.14.17

2018 Updates to the MACRA Quality Payment Program

On November 2, 2017, the Centers for Medicare & Medicaid Services (CMS) issued a Final Rule with Comment updating the Quality Payment Program (QPP) under the Medicare and CHIP Reauthorization Act of 2015 (MACRA).