• 06.28.17

    Spotlight on the False Claims Act June 2017

    By John F. Libby, Partner | Jacqueline C. Wolff, Partner | Kenneth B. Julian, PartnerWhy it matters: On May 30, 2017, the Department of Justice announced that Medicare Advantage Organization (MAO) Freedom Health Inc. and nine of its related entities, as well as its former chief operating officer, ...

  • 06.28.17

    Nice Guys (Get to Keep Their Property After All)

    "Nearly half-a-century ago, the California Supreme Court decided Gion v. City of Santa Cruz, 2 Cal. 3d. 29 (1970). In that case, the court expanded the concept of 'implied dedication' beyond the bounds that had previously contained it. After Gion, evidence that, for a period of ...

  • 06.28.17

    Q&A: D.C. Attorney General on Consumer Protection Efforts

    State attorney general's offices have become increasingly active in enforcing consumer protection issues. I recently spoke to Karl Racine, Attorney General for the District of Columbia, on his office's priorities related to consumer protection. Following is a transcript of that ...

  • 06.23.17

    Is Your Private Property Really Public?

    Developers typically provide POPOS because cities require them or in exchange for density bonuses or relaxation of municipal height and setback restrictions. Although the square footage of an individual POPOS may be small, their aggregate footprint can be quite large – at least 530 of these ...

  • 06.22.17

    OCC Offers Advice on Fintechs, Marketplace Lenders

    By Brian S. Korn, Partner, Financial ServicesIn a new bulletin providing supplemental guidance on third-party relationships, the Office of the Comptroller of the Currency (OCC) answered frequently asked questions about the relationships between financial institutions and fintechs, among other ...

  • 06.22.17

    California Appellate Panel Affirms $6.8M Penalty Against Overstock

    By Richard P. Lawson, Partner, Advertising, Marketing and MediaIn affirming a $6.8 million penalty against Overstock.com for deceptive pricing, a California appellate panel found that the amount was not excessive.District attorneys in eight counties filed suit in 2010, claiming that the Internet ...

  • 06.22.17

    House Passes Dodd-Frank “Repeal”

    By Ellen R. Marshall, Partner, Financial ServicesIn a vote along party lines, the House of Representatives passed the Financial CHOICE Act of 2017, which would eliminate or scale back many of the provisions found in the Dodd-Frank Wall Street Reform and Consumer Protection Act.What ...

  • 06.19.17

    AI, IoT and Consumer Privacy

    It has been estimated that 80 percent of the world’s data has been created in the past two years, and by all reasonable measures, we are only just getting started. Already, 2.5 billion gigabytes of data are generated per day. To give some context, a review of one gigabyte of emails is ...

  • 06.15.17

    Weight Loss Drug Gains FDA Warning About False Advertising

    By Jeffrey S. Edelstein, Partner, Advertising, Marketing and MediaIn the first warning letter sent since President Donald J. Trump took office, the Food and Drug Administration (FDA) cautioned the maker of a weight loss drug about false advertising.A 60-second television ad for Orexigen ...

  • 06.11.17

    Class Warfare: Higher Education Is About to Become the Next Political Battlefield

    For decades, both nationally and here in New York, elected officials focused on higher education policies when they were thinking about their legacies, from former President Lyndon B. Johnson’s Higher Education Act to a grant program championed by U.S. Sen. Claiborne Pell. But in terms of ...



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