On March 22, 2018, President Trump signed a memorandum directing the US Trade Representative (USTR) to publish a proposed list of approximately 1,300 products of Chinese origin that would be subject to an additional 25 percent ad valorem tariff, pursuant to Section 301 of the Trade Act of 1974.

The Centers for Medicare & Medicaid Services (CMS) published a final notice in the Federal Register on March 23, 2018, to amend and update for the first time since its original release in 1991 the Medicaid National Drug Rebate Agreement (NDRA).

“Standing” – a person’s right to sue someone else for injury – is a fundamental issue in every case. In 2016, the U.S. Supreme Court decided Spokeo v. Robins, which required that a person’s injury be both “concrete” and “particularized” to confer standing.

The Centers for Medicare & Medicaid Services published a final notice in the Federal Register on March 23, 2018, to amend and update for the first time since its original release in 1991 the Medicaid National Drug Rebate Agreement.

Car Breaklight

On April 2, 2018, the U.S. Supreme Court issued its long awaited decision in Encino Motorcars, LLC v. Hector Navarro, finding that Service Advisors at auto dealerships are exempt from the Fair Labor Standards Act’s overtime pay requirement.

Good luck, you’re gonna need it. SF Motors is the newest kid on the EV block, but they may already have an edge over other startups.

Court has granted partial summary judgment in a trade dress infringement and unfair competition case involving alleged knock-off bottle.

In an attempt to unite disparate regulatory decisions covering cryptocurrency activity in New York, the New York State Assembly has introduced a new bill creating a comprehensive certification scheme for cryptocurrency businesses that includes protections for investors.

Yesterday, USDA formally announced that it “does not regulate or have any plans to regulate plants” created using new breeding techniques, such as gene editing, as long as such plants “are developed without the use of a plant pest as the donor or vector and they are not themselves plant pests.”

On March 27, 2018, the New Your Court of Appeals issued an opinion rejecting the “unavailability exception” to the general rule that a policyholder is self-insured and on the risk for periods of time when insurance coverage was not obtained.

Health chart

the Centers for Medicare & Medicaid Services issued a National Coverage Determination on March 16, 2018 approving Medicare coverage and payment for diagnostic laboratory tests utilizing next generation sequencing, or NGS, for patients with certain types of advanced cancer.

Closeup of fur coats hanging on a rack

On March 20, 2018, the San Francisco Board of Supervisors voted to ban the sale of fur in the city, making it the largest city in the United States to do so.

In the final chapter of the long-running saga in Cortlandt St. Recovery Corp. v. Bonderman, – N.E.3d –, 2018 WL 942335, at *4 (N.Y. Feb. 20, 2018), [1] the New York Court of Appeals, issued a landmark opinion holding.

Last October, we alerted you that watchdog groups were filing notices of violation (NOVs) against cannabis dispensaries for alleged violations under Proposition 65.

A Michigan federal judge on Thursday dismissed an antitrust complaint challenging multiple listing service (MLS) rules that limit access to realtor association members (an MLS aggregates and manages real estate listing data and facilitates cooperation among real estate agents and brokers).

Companies can harm their defenses to a future lawsuit by inadvertently destroying relevant evidence.

What happens to a licensee’s right to use a trademark if the licensor files for bankruptcy? This critically important question was recently addressed by the First Circuit Court of Appeals in Tempnology.

From mini-vans to Jaguars? We see you, Waymo. Alphabet’s autonomous technology company is charging ahead with its driverless ride-hailing program, investing in up to 20,000 luxury, all-electric Jaguar compact SUVs despite recent competitor setbacks.

The United States Supreme Court ruled unanimously on March 20, 2018 in Cyan, Inc. v. Beaver County Employees Retirement Fund that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) does not deprive state courts of their concurrent jurisdiction over class action lawsuits.

A three-judge panel on the US Court of Appeals for the Fourth Circuit issued a unanimous decision holding that Smithfield Packing Co. Inc. could not be held liable under Title VII of the Civil Rights Act of 1964 for sexual harassment.

Earlier this week, the United States Securities and Exchange Commission sent shockwaves through the financial-industry legal-and-compliance communities, announcing its largest-ever Dodd-Frank whistleblower awards, totaling $83 million.

On March 22, 2018, President Trump signed a memorandum that marks the start of a multi-faceted trade offensive against China designed to respond to the Administration’s findings of misappropriation of US intellectual property and discriminatory technology licensing practices.

Aerial view of overlapping highways

Political letters: an underappreciated variation on political memos. Five Democratic US Senators released a letter on March 14 that urged changes to the Senate autonomous vehicles bill.

Political letters: an underappreciated variation on political memos. Five Democratic US Senators released a letter on March 14 that urged changes to the Senate autonomous vehicles bill.

Oregon is the latest state to adopt a drug pricing transparency law, following in the footsteps of Vermont, California, Nevada, and Maryland, which have all adopted pricing and/or transparency laws of some variety over the past year.