In a significant decision handed down last Thursday, April 22, 2021, the U.S. Supreme Court ruled that the Federal Trade Commission (FTC) cannot, in the first instance, seek monetary remedies in federal court. Rather, it must first obtain a cease and desist order and, only after a violation of that order, can it seek penalties or other monetary relief, such as disgorgement. Read on for why this should matter to you.…
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Subscribe to Other Articles RSS FeedReevaluating your supply chain: How the new American-made product qualifications rule may impact your business
Two recent actions aimed at maximizing domestically-produced goods, products, materials and services may have significant impact on contractors and supply chains. In January 2021, the Federal Acquisition Regulation (FAR) Council published a final rule “Maximizing Use of American-Made Goods, Products, and Materials” that amended the requirements for products to be classified as American-made under the Buy American Act (BAA). Less than a week later, President Joe Biden signed Executive Order 14005, titled “Ensuring the Future Is Made in All of America by All of America’s Workers,” to further strengthen the BAA requirements and close loopholes that allowed companies …
Putative class counsel in generic drug antitrust MDL can’t get a slice of the opt-out pie . . . At least not yet
Before even moving for certification of the putative classes they seek to represent, Interim Class Counsel (ICC) in the In re Generic Pharmaceuticals Pricing Antitrust Litigation sought to insure they would get not only their own piece of the pie, but also a sizable sliver of everyone else’s. Claiming they are prosecuting potentially “the largest cartel case in the history of the United States,” the ICC petitioned the court for preemptive orders that would have placed in escrow 10 percent of any judgment or settlement entered into by parties who have opted out and brought their own suit directly (the …
DCMA agent requirements changing
Bob Morgan, our colleague at Technology Law Source, shares detail about the upcoming Digital Millennium Copyright Act (DCMA) agent filing change that takes effect Dec. 31.
This agent filing is a necessary element of the Digital Millennium Copyright Act (DMCA) safe harbor provision (Title II of the DMCA (the Online Copyright Infringement Liability Limitation Act)) — an Act which shields online service providers from liability for material posted by their users. If your company has an interactive website, social media presence, or message board it’s worth giving this a read: DMCA agent requirements changing by end of …
Don’t wannacry? Help your IT staff prevent ransomware
The latest cyberattack making the news (and some say the largest to date) is the “Wannacry” ransomware. The ransomware looks for computers containing an operating system vulnerability in the Microsoft Windows platform and then appears to infect computers… without a single click required. My colleague, Brian Hall, outlines the risks employers may face when dealing with cyberattacks — as well as how human resource departments can help protect their organizations in his recent blog post “Don’t wannacry? Help your IT staff prevent ransomware“.…
