Newsletters

10.11.16

Supreme Court to Review Credit Card Surcharge Statutes

In an effort to resolve a conflict between Circuits, the Supreme Court has agreed to hear arguments in a challenge to New York’s credit card surcharge law, one of several similar pending lawsuits. For all players in the retail and electronic payments world, the New York challenge will be an ...


10.11.16

Manatt on Health Reform: Weekly Highlights, October 11, 2016

Kentucky receives final approval from CMS to transition its Marketplace to the HealthCare.gov platform; Ohio puts a price ceiling on prescription drugs purchased by the State on its November 2017 ballot; and a new study links Medicaid expansion to lower risk scores for Marketplace enrollees.


10.11.16

Court to CFPB: Unconstitutional and Wrong on RESPA

In a landmark decision impacting the consumer financial services industry and beyond, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit has declared unconstitutional a core component of the structure of the Consumer Financial Protection Bureau (CFPB), and overturned a $109 ...


10.10.16

Employers Can’t Arbitrate Any Issues Related to PAGA Claim

The California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles forecloses an employer’s ability to require a worker to arbitrate a threshold issue of standing to bring a Private Attorneys General Act (PAGA) claim, a state appellate panel recently ruled.


10.06.16

Suit Over Block Voting on Reviews Moves Forward

A Lanham Act suit brought by a competitor over a company's efforts to minimize negative consumer reviews will move forward, a Utah federal court judge has ruled.


10.06.16

NAD Takes on "Natural" Deodorant Claims in Spite of Jurisdictional Challenge

The maker of Tom's of Maine antiperspirants and deodorants plans to appeal to the National Advertising Review Board after the National Advertising Division recommended it discontinue "Natural" claims.


10.05.16

2017 "Reset" of TSCA Inventory Will Affect All Chemical Users

As required by the 2016 amendments to the federal Toxic Substances Control Act (TSCA), the U.S. Environmental Protection Agency (EPA) next year will zero out and rebuild its inventory of chemicals in commerce (the TSCA Inventory).


10.04.16

Manatt on Health Reform: Weekly Highlights, October 4, 2016

Vermont moves closer to launching the country’s first all-payer ACO; CMS approves Arizona’s 1115 waiver extension but rejects the State’s proposed work requirement and premiums for those earning below the FPL; and CMS issues a final rule prohibiting “hospital dumping” ...


09.30.16

TUEs for Performance-Enhancing Drugs Raise Ethical Issues

Recently, the files of the World Anti-Doping Agency (WADA) were hacked, revealing previously unknown information about Therapeutic Use Exemptions (TUEs), which allow athletes who have medical conditions to use performance-enhancing drugs on WADA's prohibited list.


09.29.16

CFPB Flunks For-Profit Education Company, Orders $31M Payment

Continuing its recent focus on student lending, the Consumer Financial Protection Bureau (CFPB) ordered a for-profit college company to provide loan forgiveness and refunds of more than $23 million, adding an $8 million civil money penalty on top.