• 02.10.14

    Swipe Fee Settlement Yields More Litigation

    Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far from over.

  • 02.07.14

    The More Things Change: U.S. Supreme Court Rules on “Changing Clothes”

    In a unanimous decision—save for a single footnote—the U.S. Supreme Court held that the time spent donning and doffing protective gear, including items of clothing, was not compensable pursuant to a provision of the Fair Labor Standards Act (FLSA) allowing parties to collectively ...

  • 02.06.14

    High-Profile Mistake Could Cost Data Brokers

    Could a recent marketing error by OfficeMax impact the entire data-driven marketing industry?

  • 01.30.14

    Manatt on Medicaid: 10 Trends to Watch in 2014

    Projected to cover a record 65 million Americans in 2014—and as many as 1 in 4 by 2020—Medicaid will play a significant role in shaping the strategies and plans of all healthcare stakeholders in the years ahead, from states to providers to payers to life sciences companies to, of ...

  • 01.29.14

    FTC, Apple Reach $32.5M Deal Over In-App Purchases

    Reflecting the agency’s stated interest in the mobile ecosystem, the Federal Trade Commission announced that Apple will pay a minimum of $32.5 million to refund consumers for charges incurred in mobile apps by children making purchases without parental consent.

  • 01.27.14

    Managing Potential Liability Risks of Patient-Generated Electronic Health Information

    Patients are increasingly using new electronic tools, such as personal health records and mobile applications, to track details about their health and share those details with physicians—often in real time and wholly separate from traditional office visits. Some physicians, however, are ...

  • 01.24.14

    Exploring the Ony Decision and Its Impact on False Advertising Claims Involving Scientific Findings

    Last year, the Second Circuit issued an opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a false advertising case holding that the publication and dissemination of a scientific study that had the effect of touting a company’s product is noncommercial speech and is thereby immune from ...

  • 01.22.14

    EEOC Reports On FY 2013: Charges Down But Recovery Up

    The Equal Employment Opportunity Commission touted several achievements in its Performance and Accountability Report for fiscal year 2013, from a record-setting $372.1 million in monetary relief recovered by the agency to a decrease in the average time to investigate a charge and bring it to ...

  • 01.21.14

    Good Faith Belief in a Consumer’s Consent Found to be Valid Defense to TCPA Claim

    Despite a material question about whether the defendant had express consent to contact the plaintiff, a California federal court judge has ruled that a good faith belief that consent existed provided a complete defense to plaintiff’s Telephone Consumer Protection Act (TCPA) suit.

  • 01.17.14

    Community Banks and the Volcker Rule: What’s Next?

    For now, banks that have investments in CDO securities that are issued by funds that are invested in trust preferred securities (TruPS CDOs) have dodged a bullet.



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