New charges were filed today in the Justice Department's ongoing investigation into bid rigging and fraud at public real estate foreclosure auctions in Northern California. Late yesterday, a federal grand jury in San Francisco returned an eight-coun
The EC has found that two international banks--the Royal Bank of Scotland (RBS) and JP Morgan--participated in an illegal bilateral cartel aimed at influencing the Swiss franc Libor benchmark interest rate between March 2008 and July 2009 in violat
In a 100-page draft final rule, the Consumer Financial Protection Bureau has adopted minor adjustments to its 2013 Mortgage Rules to ensure access to credit.
At its Oct. 21, 2014, meeting, the board of directors of the Federal Deposit Insurance Corporation approved a final rule to implement the credit risk retention requirements found in section 941 of the Dodd-Frank Act. The FDIC staff also released a m
By Ronald Miller, J.D. Whether or not a route salesperson’s “primary duty” was sales was a question for the jury, ruled a federal district court in Pennsylvania, in denying an employer’s motion for summary judgment on the basis that her overtime claim was preempted by the outside sales exemption. Despite the employee’s role in selling the [...]
By Dan Selcke, J.D. A federal district court in New York refused to grant the objections of a group of disgruntled union pilots upset that the bankruptcy reorganization of American Airlines got rid of some of the protections they were afforded under their old collective bargaining agreement. The court pointed out that the pilots’ real dispute [...]
The owner of multiple ambulatory surgical centers who pleaded guilty to mail fraud following a decade-long scheme involving physician referral bribes and kickbacks failed in his appeal because actual or intended tangible harm is not an element of the
The decision of a district court to dismiss a relator's False Claims Act (FCA) (31 U.S.C. sec. 3730) claims with prejudice was upheld by the United States Court of Appeals for the Third Circuit after the court determined that the relator was not an
A district court granted a motion for a new trial on damages related to a default judgment that was entered as a result of false claims violations by a physician and a health care provider for cancer treatments that were unnecessary or never performe
Health care reform has impacted not only employers' medical plan designs, but also other aspects of their employee benefits programs. That's according to the2014 Guardian Workplace Benefits Study. The study found that employers are rethinking the
The total number of individuals receiving comprehensive benefits from Medicaid and the Children's Health Insurance Program (CHIP) through August 2014 topped 67.9 million, CMS announced in its Monthly Applications, Eligibility Determinations and Enr
Faced with a lack of controlling Georgia case law as to whether the existence of a final judgment and settlement order in a class action suit rendered an insured (for purposes of qualifying for coverage under an excess policy) "legally obligated"
The pollution exclusions in a fly-ash supplier's CGL policies precluded coverage for two lawsuits alleging property damage and personal injury resulting from the release of toxic fly ash used in the construction of a golf course, the U.S. Court of
Transformer manufacturer Pulse Electronics did not directly infringe patents held by competitor Halo Electronics, with respect to products that Pulse manufactured, shipped, and delivered abroad, the U.S. Court of Appeals for the Federal Circuit has h
Gardening products manufacturer Cutting Edge Solutions ("CES") was not entitled to a preliminary injunction to prevent grass seed producer Sustainable Low Maintenance Grass ("SLMG") from using the trademark "CUTTING EDGE," the federal dis
A California Superior Court jury awarded a young woman $12,569,853.00 in damages after determining that the rear center seat restraint system in a 1996 Toyota 4Runner was defectively designed. The jury also determined that the potential risks in the
A new trial was not warranted in a drug-maker's challenge to an Ohio jury's $5-million verdict for a man whose already impaired kidneys were further damaged after he received an MRI utilizing the gadolinium-based contrast dye Omniscan, the Sixth
The SEC today adopted, by a three-to-two vote, final risk retention rules for the asset-backed securities markets as mandated by the Dodd-Frank Act. The OCC and the FDIC announced the adoption of the joint rulemaking yesterday, ahead of votes by the
The OCC and FDIC have adopted credit risk retention rules as directed by the Dodd-Frank Act. These are interagency rules that were also proposed by the SEC and the FED, which are expected to adopt the rules at scheduled meetings tomorrow.