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David Calvello

European Union Slaps Apple with Fresh Antitrust Allegations Over Alleged Anticompetitive Conduct Pertaining to its App Store

Posted by David Calvello on 05/04/2021

As I've covered repeatedly in this blog, tech giants such as Apple and Google are facing heightened antitrust scrutiny here at home. But such scrutiny also extends well beyond our borders, and a strong argument can be made that European regulators have taken antitrust regulation of the technology sector even more seriously than their counterparts ...

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Raymond N. Barto

Fourth Circuit Revives Tracleer Purchasers’ Suit

Posted by Raymond N. Barto on 05/03/2021

Purchasers of a blood pressure drug, Tracleer, secured a reversal of a district court decision finding that they had filed suit outside of the four-year statute of limitations for antitrust claims. The Purchasers allege that Actelion, a pharmaceutical company with an exclusive license under the patent for Tracleer, engaged in a years-long ...

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Katherine M. Lenahan

Flying Pop-Tart Cats and Million Dollar Tweets: What on Earth are NFTs?

Posted by Katherine M. Lenahan on 04/27/2021

In March, a collage of images by an artist named Beeple sold at Christie's for $69.3 million, the third-highest price achieved by a living artist. This was notable not just because of the eye-popping price, but because the collage is "entirely digital." The buyer bought, in essence, a JPG file. What is special about this file is that it is ...

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Ruhandy Glezakos

F&F Defeats Motion To Dismiss In Case Against Tortilla Company

Posted by Ruhandy Glezakos on 04/23/2021

On April 22, 2021, Faruqi & Faruqi, LLP scored a big win in a case against Olé Mexican Foods, the maker of the popular tortilla brand La Banderita. The suit alleges that the company mislead consumers into believing its tortillas are made in Mexico, when in fact, they are not. In the decision denying the motion to dismiss in its entirety, ...

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Innessa M. Huot

Can Businesses Require Employees to Get the COVID-19 Vaccination?

Posted by Innessa M. Huot on 04/20/2021

As offices start to open back up, businesses must implement COVID-19 protocol to keep spaces and employees safe. In addition to distancing desks, building plexus glass barriers, and providing hand sanitizer in the office, business can go one step further and require employees to be vaccinated to return to the office. Government guidance says ...

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Alex Hartzband

Unions Increase Pressure on U.S. Senators to Pass the PRO Act—A Boon to All Workers, Not Just Unions.

Posted by Alex Hartzband on 04/13/2021

On Friday, April 9, 2021, the AFL-CIO—the largest federation of unions in the United States—led a national day of action to urge U.S. Senators to back the Protecting the Right to Organize Act, or "PRO Act." The PRO Act has already passed through the House of Representatives, but does not presently have the 60 votes necessary to pass through ...

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Richard W. Gonnello

Securities Fraud Claims Sustained Against OSI Systems, Inc.

Posted by Richard W. Gonnello on 04/12/2021

In a recent decision by United States District Judge Fernando M. Olguin, OSI Systems, Inc. ("OSI") lost its motion to dismiss a securities fraud class action that was lodged against it after Muddy Waters Research published two research reports questioning whether the company had misled investors. According to the complaint, a significant portion ...

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Adam Steinfeld

Bristol-Myers Squibb to Pay $75 Million to Settle False Claims Act Case Litigated by Faruqi & Faruqi on Behalf of Industry Whistleblower

Posted by Adam Steinfeld on 04/09/2021

On April 1, the Department of Justice announced that pharmaceutical manufacturer Bristol-Myers Squibb ("BMS") would pay $75 million "to resolve allegations that it knowingly underpaid rebates owed under the Medicaid Drug Rebate Program." This settlement concludes a False Claims Act case first brought by whistleblower Ronald J. Streck in 2008, ...

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Robert W. Killorin

The Goldman Sachs Case Could Break In A Number of Different Directions

Posted by Robert W. Killorin on 04/08/2021

On Monday the Supreme Court heard oral argument in the long-running securities class action filed in 2010 against Goldman Sachs. The case stems from a collateralized debt obligation transaction that Goldman underwrote in 2007 that lost CDO investors $1 billion. Goldman allegedly helped one client short the CDO while simultaneously selling ...

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Kristyn Fields

Shkreli, Vyera Withdraw Jury Demands in FTC Suit, as States Agree to Forego Civil Penalties/Forfeitures

Posted by Kristyn Fields on 04/07/2021

In a recently filed joint stipulation, Vyera Pharmaceuticals, its former CEO, Martin Shkreli, and other defendants agreed to withdraw their demands for a jury trial in a lawsuit brought by the Federal Trade Commission and seven state attorneys general, alleging that Shkreli and his company Vyera engaged in a scheme to protect its monopoly ...

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