What You Need To Know About The Rise Of Civil Litigation By State Attorneys General

Size: px
Start display at page:

Download "What You Need To Know About The Rise Of Civil Litigation By State Attorneys General"

Transcription

1 What You Need To Know About The Rise Of Civil Litigation By State Attorneys General This brown bag is brought to you by the Healthcare Liability and Litigation (HC Liability) Practice Group April 18, :00-1:00 pm Eastern Speaker Steven F. Barley Hogan Lovells US LLP Baltimore, MD Moderator Jay A. Martus Sheridan Healthcare INC Sunrise, FL

2 The States are coming, the States are coming! What you should know about the rise of civil litigation by state attorneys general 2

3 Overview This webinar will address 3 questions relating to the increase in AG civil litigation activity: 1. What is behind the rise in AGs pursuing consumer protection claims against the healthcare industry? 2. How does this litigation differ from traditional civil litigation? 3. What should you do about it? 3

4 What is behind the increase in this litigation? 1. The price is right 2. The hurdles are low 3. The potential recoveries are high 4. Political motivations 5. A desire to regulate conduct 4

5 What is behind the increase in this litigation? 1. The price is right: The cost of bringing cases can be relatively minimal. AGs can reduce costs by: Use of outside counsel retained on contingency Use of existing resources within the AG s office Combining resources: NAAG NAMFCU Federal government 5

6 What is behind the increase in this litigation? 2. The hurdles are low Potentially low liability thresholds. Liability can be triggered for conduct that is: unfair false deceptive unconscionable AG may not need to show causation or reliance AG may not need to show damage 6

7 What is behind the increase in this litigation? 3. The potential recoveries are high Cash-strapped states, particularly Medicaid programs, are increasingly focused on revenue sources Consumer protection/deceptive trade practice statutes can provide for outsized awards Penalties, fines and/or forfeitures may be available and typically are awarded on a per violation basis Examples of damages increased substantially by fines, penalties, or forfeitures: GSK: (Kentucky pharmaceutical pricing litigation): damages = $661,000/penalties = $5,828,5000. Pharmacia: (Wisconsin pharmaceutical pricing litigation): damages = $9 million/forfeitures, etc. = $13+ million. J&J: Risperdal marketing actions. 7

8 What is behind the increase in this litigation? 4. Political motivations AG = Aspiring Governor Potentially strong upsides to pursuing litigation: AG seen as consumer friendly Positive media coverage Seen as confronting abusive corporate conduct Seen as watchdog over state expenditures/protection of taxpayer money Little downside to pursuing litigation: Minimal potential risk or cost Anti-business tag Potential loss of litigation 8

9 What is behind the increase in this litigation? 5. A desire to regulate conduct Can seek to fill voids left by federal agencies Can move aggressively and quickly, unrestrained by regulatory process and requirements The threat of a lawsuit can be used to pressure changes in conduct Settlements may incorporate provisions impacting conduct Some pharmaceutical settlements have required certain types of price reporting in addition to statutory or regulatory requirements Recent AstraZeneca consent decree in Texas AG settlement: AstraZeneca s systems and controls shall: 1) be designed to ensure that financial incentives do not motivate AstraZeneca Marketing and/or Sales personnel to engage in improper promotion, sales and marketing of Seroquel; and 2) include mechanisms to exclude from incentive compensation sales that may indicate Off-Label promotion of Seroquel 9

10 How does civil litigation with AGs differ from traditional civil litigation? 1. Consumer protection statutes are broad 2. Liability thresholds can be low 3. The relief can be wide-ranging 4. The AG often picks the venue 5. Some otherwise good defenses may not be available 6. Burdens can be one-sided 7. The state may not be treated the same as a private litigant 10

11 How does civil litigation with AGs differ from traditional civil litigation? 1. Consumer protection statutes are broad Broad statutory language Generalized prohibitions on conduct that is unfair, unconscionable, or deceptive per se violations for specific types of conduct Loose standing requirements Direct/Indirect standing A consumer is not always a consumer AG Standing Statutory enforcement power Parens Patriae 11

12 How does civil litigation with AGs differ from traditional civil litigation? 2. Liability thresholds can be low Statutes may have lower thresholds for imposing liability as compared to fraud or even negligence Example: Recent BMS Pennsylvania AG action: Jury found for BMS on fraud, civil conspiracy and negligent misrepresentations claims Judge nevertheless imposed liability under the State Unfair Trade Practices and Consumer Protection Statute, finding that BMS engaged in unfair or deceptive practices May not need to demonstrate causation or reliance Some statutes do not require them at all Other statutes it is a factor to be considered, but may be disregarded in an action brought in the public interest Causation or reliance may not be required for injunctive relief because the injunction is aimed at stopping the defendant s conduct May not need to demonstrate damage To obtain Injunctive Relief To recover Penalties and Fines based on violations, even if no damage caused by conduct 12

13 How does civil litigation with AGs differ from traditional civil litigation? 3. The relief can be wide-ranging Non-traditional, statutory damages available Penalties, fines, forfeitures, restitution, attorneys fees and costs Doubling/trebling of damages awards May provide enhanced awards for activity directed at certain groups, such as the elderly Per violation fines and penalties Injunctive Relief Can interfere with ongoing business practices and strategies Can be imposed by court that is ill-equipped or ill-informed Can permit aggregated relief without regard to class action considerations 13

14 How does civil litigation with AGs differ from traditional civil litigation? 4. The AG often picks the venue Careful drafting of complaint by AG may defeat removal to federal court Cases frequently filed in plaintiff-friendly state venues with: Friendly juries Friendly judges 14

15 How does civil litigation with AGs differ from traditional civil litigation? 5. Some otherwise good defenses may not be available A statute of limitations defense is rarely available. This can impose significant litigation burdens in cases involving older conduct: Stale knowledge Former employees Document/ESI complications Causation may not be required Lack of need to demonstrate damage to obtain injunctive relief or fines May permit the aggregation of claims without class action procedural safeguards Pointing to the government s own knowledge or conduct may not matter: The Court acknowledges the jury verdicts finding neither negligent misrepresentation nor fraudulent misrepresentation. The Court concludes, however, that the standard to be applied in a UTPCPL enforcement action is different. Pursuant to this conclusion, the Court determines that a plaintiff s knowledge of the inaccuracy of a representation and a plaintiff s lack of reliance, while factors to be considered, are not necessarily complete defenses in an enforcement action brought in the public interest under... the UTPCPL. BMS Pennsylvania Opinion (citations omitted). 15

16 How does civil litigation with AGs differ from traditional civil litigation? 6. The burdens can be one-sided Discovery burdens are often one-sided State s sharing of resources State s outsourcing of risk and cost to plaintiffs contingency fee counsel 16

17 How does civil litigation with AGs differ from traditional civil litigation? 7. The state may not be treated the same as a private litigant The AG may lament a lack of resources and get away with it The AG may use the court of public opinion via an often receptive media Judges tend to be more lenient on the state 17

18 What should You do? 1. Recognize the risks 2. Pay attention to the political landscape 3. Be proactive 4. Assemble a multi-disciplinary team 18

19 What should You do? 1. Recognize risks early AG activity often follows other events: Federal litigation/settlements/publicly commenced investigations Product recalls High-profile matters of media interest Private plaintiff class actions Pay particular attention to issues impacting: A significant number of consumers State or federal expenditures (e.g. Medicaid) 19

20 What should You do? 2. Pay attention to the political landscape Use the Media, if appropriate, to fight back Use back door resources Investigate whether there are divisions within the State over the case that can be exploited (i.e., AG vs. Governor, Agency v. AG, etc.) Get involved in legislative process 20

21 What should You do? 3. Be proactive Meet with the AG, if advisable, to: To better understand the asserted basis for the case To ascertain the AG s goals To educate the AG about your side of the case Conduct an objective early case evaluation Understand and investigate the conduct Understand the unique aspects of the state CPA statute that are good or bad for you Retain experts early to assess exposure Determine if outside counsel s retention is proper In appropriate cases, consider early non-traditional methods of gathering information Open records requests State archive reviews Develop your defense themes early Form joint defense groups to pool resources and information 21

22 What should You do? 4. Assemble multi-disciplinary teams Involve knowledgeable regulatory counsel to provide: Assistance with merits Assistance with resolution, especially if involves a CIA Consult experienced civil and white collar counsel Engage well-connected local counsel Retain knowledgeable experts 22

23 QUESTIONS 23

24 Steven F. Barley, Partner Baltimore A Fellow of the American College of Trial Lawyers, Steve Barley is an experienced courtroom lawyer who represents diverse clients in a range of complex civil matters, with an emphasis on complex commercial litigation. He has significant experience in consumer litigation, securities litigation, class action litigation, and litigation involving claims of breach of fiduciary duty and fraud. Steve has extensive bench and jury trial experience in courts and before arbitration panels and has obtained many favorable jury verdicts and arbitration awards for his clients. His cases have been highlighted in several publications, including a case that was cited as a "Defense Verdict of the Year" by the National Law Journal. Steven F. Barley [TEAM ROLE] Partner, Baltimore T steve.barley@hoganlovells.com Complex Commercial Litigation Consumer Protection Defense Class Action Litigation Securities Litigation Chambers USA, America s Leading Lawyers for Business 2008, describes Steve as "precise, smart, and well-liked by judges." According to Benchmark, America's Leading Litigation Firms and Attorneys 2008, peers characterize Steve as "an all purpose trial lawyer who can try anything imaginable." 24

25 Hogan Lovells has offices in: Abu Dhabi Alicante Amsterdam Baltimore Beijing Berlin Brussels Budapest* Caracas Colorado Springs Denver Dubai Dusseldorf Frankfurt Hamburg Hanoi Ho Chi Minh City Hong Kong Houston Jeddah* London Los Angeles Madrid Miami Milan Moscow Munich New York Northern Virginia Paris Philadelphia Prague Riyadh* Rome San Francisco Shanghai Silicon Valley Singapore Tokyo Ulaanbaatar* Warsaw Washington DC Zagreb* "Hogan Lovells" or the "firm" refers to the international legal practice comprising Hogan Lovells International LLP, Hogan Lovells US LLP, Hogan Lovells Worldwide Group (a Swiss Verein), and their affiliated businesses, each of which is a separate legal entity. Hogan Lovells International LLP is a limited liability partnership registered in England and Wales with registered number OC Registered office and principal place of business: Atlantic House, Holborn Viaduct, London EC1A 2FG. Hogan Lovells US LLP is a limited liability partnership registered in the District of Columbia. The word "partner" is used to refer to a member of Hogan Lovells International LLP or a partner of Hogan Lovells US LLP, or an employee or consultant with equivalent standing and qualifications, and to a partner, member, employee or consultant in any of their affiliated businesses who has equivalent standing. Rankings and quotes from legal directories and other sources may refer to the former firms of Hogan & Hartson LLP and Lovells LLP. Where case studies are included, results achieved do not guarantee similar outcomes for other clients. New York State Notice: Attorney Advertising. Hogan Lovells All rights reserved. * Associated offices

Litigation Strategies in Europe MIP Global IP & Innovation Summit

Litigation Strategies in Europe MIP Global IP & Innovation Summit Litigation Strategies in Europe MIP Global IP & Innovation Summit Paul Brown, Partner, London 4 September 2013 What will this talk cover? What factors does a litigant need to consider when litigating patents

More information

MIP International Patent Forum 2013 Russia Focus

MIP International Patent Forum 2013 Russia Focus MIP International Patent Forum 2013 Russia Focus Natalia Gulyaeva, Partner Head of IP, Media & Technology, Hogan Lovells CIS 16 April 2013 Patents as a key to business expansion: produced in Russia Russian

More information

Law Introducing Rules for Localization of Personal Data of Russian Citizens

Law Introducing Rules for Localization of Personal Data of Russian Citizens Law Introducing Rules for Localization of Personal Data of Russian Citizens Natalia Gulyaeva Partner, Head of IPMT practice for Russia/CIS Moscow Bret Cohen Associate, Privacy & Information Management

More information

Fact or Fiction? U.S. Government Surveillance in a Post-Snowden World

Fact or Fiction? U.S. Government Surveillance in a Post-Snowden World Fact or Fiction? U.S. Government Surveillance in a Post-Snowden World Bret Cohen Hogan Lovells US LLP September 18, 2014 The Snowden effect 2 U.S. cloud perception post-snowden July 2013 survey of non-u.s.

More information

Seminar for HKIS on: "Non-Payment and Termination of Contracts"

Seminar for HKIS on: Non-Payment and Termination of Contracts Seminar for HKIS on: "Non-Payment and Termination of Contracts" 13 May 2014 Joyce Leung, Associate Projects (Engineering & Construction) Practice Contractual Termination Conditional upon: 1. an event -

More information

Damages in Judicial Review: The Commercial Context

Damages in Judicial Review: The Commercial Context Damages in Judicial Review: The Commercial Context Further information If you would like further information on any aspect of Damages in Judicial Review please contact a person mentioned below or the person

More information

Patent Litigation in China & Amicus Curiae in the U.S. William (Skip) Fisher Partner, Shanghai. EPLAW Congress, 22 November 2013

Patent Litigation in China & Amicus Curiae in the U.S. William (Skip) Fisher Partner, Shanghai. EPLAW Congress, 22 November 2013 Patent Litigation in China & Amicus Curiae in the U.S. William (Skip) Fisher Partner, Shanghai EPLAW Congress, 22 November 2013 What I will cover Considerations for patent litigation in China Anatomy of

More information

Challenging Government decisions in the UK. An introduction to judicial review

Challenging Government decisions in the UK. An introduction to judicial review Challenging Government decisions in the UK An introduction to judicial review Challenging Government decisions in the UK Further information If you would like further information on any aspect of challenging

More information

Private action for contempt of court?

Private action for contempt of court? Private action for contempt of court? May 2018 Private action for contempt of court? May 2018 1 Private action for contempt of court? Introduction In March, the UK Supreme Court handed down a landmark

More information

China's New Exit-Entry Law Targets Illegal Foreigners July 2012

China's New Exit-Entry Law Targets Illegal Foreigners July 2012 China's New Exit-Entry Law Targets Illegal Foreigners July 2012 Further information If you would like further information on any aspect of the alert please contact a person mentioned below or the person

More information

Damages United Kingdom perspective

Damages United Kingdom perspective Damages United Kingdom perspective Laura Whiting Young EPLAW Congress Brussels - 28 April 2014 Statutory basis Patents Act 1977, s 61(1) " civil proceedings may be brought in the court by the proprietor

More information

Indemnities, Disclaimers and Constitution

Indemnities, Disclaimers and Constitution Indemnities, Disclaimers and Constitution Deon Francis 21 May 2015 Disclaimer Notice 2 Overview Legal principles Contract; and Delict Public policy The Constitution Cases Questions 3 Legal Principles Contractual

More information

Risk and Return. Foreign Direct Investment and the Rule of Law. Briefing Note

Risk and Return. Foreign Direct Investment and the Rule of Law. Briefing Note Risk and Return Foreign Direct Investment and the Rule of Law Briefing Note Risk and Return Foreign Direct Investment and the Rule of Law 3 Briefing Note Background and objectives The Economist Intelligence

More information

Judicial Review. Where do we stand? Will proposals for further judicial review reform make any difference? Procedure & Practice

Judicial Review. Where do we stand? Will proposals for further judicial review reform make any difference? Procedure & Practice Judicial Review Procedure & Practice Where do we stand? Will proposals for further judicial review reform make any difference? Charles Brasted & Ben Gaston Report Judicial Review November 2013 1 Where

More information

EEA and Swiss national. Children and their rights to British citizenship

EEA and Swiss national. Children and their rights to British citizenship EEA and Swiss national Children and their rights to British citizenship April 2019 Please note: The information set out here does not cover all the circumstances in which a child born to a European Economic

More information

Possible models for the UK/EU relationship

Possible models for the UK/EU relationship Possible models for the UK/EU relationship This paper summarizes some potential alternative models for the UK s future relationship with the European Union, together with the key differences between the

More information

Jurisdiction and Governing Law Rules in the European Union

Jurisdiction and Governing Law Rules in the European Union 2016 Jurisdiction and Governing Law Rules in the European Union Contents Introduction Recast Brussels Regulation (EU 1215/2012) Rome I Regulation (EC 593/2008) Rome II Regulation (EC 864/2007) Main exceptions

More information

AIPLA Overview of recent developments in Community trade mark law

AIPLA Overview of recent developments in Community trade mark law AIPLA Overview of recent developments in Community trade mark law Marie-Aimée de Dampierre, Partner 2 May 2013 IPMT / Paris Overview Trade mark registration general principles Earlier rights Distinctiveness

More information

Settlement Offers under Part 36 of the Civil Procedure Rules

Settlement Offers under Part 36 of the Civil Procedure Rules Settlement Offers under Part 36 of the Civil Procedure Rules September 2017 Contents Introduction 1 When is a settlement offer a true Part 36 Offer? 2 Costs consequences of making a Part 36 Offer 4 Part

More information

Alternative Dispute Resolution in England and Wales

Alternative Dispute Resolution in England and Wales Alternative Dispute Resolution in England and Wales October 2017 Contents Introduction 1 Support for ADR 2 Main features of ADR 4 Mediation 5 Other types of ADR 6 Timing 8 Cases suitable for ADR 9 Conclusion

More information

2. PROPOSED MODIFICATIONS TO THE PROCEDURAL REGULATION ARTICLE

2. PROPOSED MODIFICATIONS TO THE PROCEDURAL REGULATION ARTICLE RESPONSE TO THE EUROPEAN COMMISSION S CONSULTATION ON PROPOSED MODIFICATIONS TO REGULATION 773/2004 AND THE NOTICES ON ACCESS TO THE FILE, LENIENCY, SETTLEMENTS AND COOPERATION WITH NATIONAL COURTS Freshfields

More information

Sovereign Immunity. Key points for commercial parties July allenovery.com

Sovereign Immunity. Key points for commercial parties July allenovery.com Sovereign Immunity Key points for commercial parties July 2018 2 Sovereign Immunity Key points for commercial parties July 2018 Allen & Overy LLP 2018 3 Introduction Sovereign immunity is a complex topic.

More information

Disclosure of documents in civil proceedings in England and Wales

Disclosure of documents in civil proceedings in England and Wales Disclosure of documents in civil proceedings in England and Wales October 2017 Contents Disclosure 1 Purpose of this note 1 Disclosable documents 1 Control 2 Preservation of documents 3 Duty to search

More information

American Academy for Pediatric Dentistry

American Academy for Pediatric Dentistry American Academy for Pediatric Dentistry Lobby Day C. Michael Gilliland, Partner Wednesday, March 24, 2010 CLIMATE ON THE HILL For well over a year, Congress has been involved in the health care reform

More information

Principles of Federal Prosecution of Business Organizations

Principles of Federal Prosecution of Business Organizations Principles of Federal Prosecution of Business Organizations Money Transmitter Regulators Association 2009 Annual Conference September 3, 2009 Chuck Rosenberg Hogan & Hartson 555 13th Street, N.W. Washington,

More information

Latham & Watkins Health Care Practice

Latham & Watkins Health Care Practice Number 878 June 8, 2009 Client Alert Latham & Watkins Health Care Practice This initiative represents a continuation and expansion of interagency efforts begun more than two years ago and illustrates an

More information

Latham & Watkins Litigation Department

Latham & Watkins Litigation Department Number 866 May 14, 2009 Client Alert Latham & Watkins Litigation Department The Third Circuit Clarifies the Class Action Fairness Act s Local Controversy Exception to Federal Jurisdiction In addressing

More information

UPC Alert. March 2014 SPEED READ

UPC Alert. March 2014 SPEED READ March 2014 UPC Alert SPEED READ Recent events signal that the radical change to how patents are obtained and enforced in and in particular involving Europe the new European Unified Patent Court (UPC) is

More information

Latham & Watkins Environment, Land & Resources Department

Latham & Watkins Environment, Land & Resources Department Number 1090 October 13, 2010 Client Alert Latham & Watkins Environment, Land & Resources Department Recent Legislative Changes Affecting Pending and Future Projects Under CEQA This legislation is intended

More information

Latham & Watkins Litigation Department Securities Litigation and Professional Liability Practice

Latham & Watkins Litigation Department Securities Litigation and Professional Liability Practice Number 1312 April 4, 2012 Client Alert While the Second Circuit s formulation answers some questions about what transactions fall within the scope of Section 10(b), it also raises a host of new questions

More information

Latham & Watkins Finance Department

Latham & Watkins Finance Department Number 1147 February 17, 2011 Client Alert Latham & Watkins Finance Department The Settlement does not affirm or overturn Judge Peck s controversial decision in the US Litigation barring enforcement of

More information

Jackson reforms to civil litigation

Jackson reforms to civil litigation June 2013 Jackson reforms to civil litigation What do commercial parties really need to know? SPEED READ The bulk of the Jackson reforms to costs in English civil litigation were implemented on 1 April

More information

Delaware Bankruptcy Court Confirms Lock-Up Agreements Are a Valuable Tool Not a Violation of the Bankruptcy Code

Delaware Bankruptcy Court Confirms Lock-Up Agreements Are a Valuable Tool Not a Violation of the Bankruptcy Code Latham & Watkins Number 1467 February 13, 2013 Finance Department Delaware Bankruptcy Court Confirms Lock-Up Agreements Are a Valuable Tool Not a Violation of the Bankruptcy Code Josef S. Athanas, Caroline

More information

Latham & Watkins Corporate Department. The Lessons of Slayton v. American Express for Forward-Looking Statements

Latham & Watkins Corporate Department. The Lessons of Slayton v. American Express for Forward-Looking Statements Number 1044 June 10, 2010 Client Alert Latham & Watkins Corporate Department Second Circuit Wades Into the PSLRA Safe Harbor The Lessons of Slayton v. American Express for Forward-Looking Statements Specific,

More information

Enforcing International Arbitral Awards in the UAE and The DIFC Courts: A conduit jurisdiction

Enforcing International Arbitral Awards in the UAE and The DIFC Courts: A conduit jurisdiction Enforcing International Arbitral Awards in the UAE and The DIFC Courts: A conduit jurisdiction Simon Roderick Yacine Francis April 2016 www.allenovery.com 2 Meeting you today Simon Roderick Partner Dubai

More information

Latham & Watkins Litigation and Finance Departments. Supreme Court Limits Reach of Non-Article III Courts Jurisdiction

Latham & Watkins Litigation and Finance Departments. Supreme Court Limits Reach of Non-Article III Courts Jurisdiction Number 1210 July 5, 2011 Client Alert Latham & Watkins Litigation and Finance Departments Supreme Court Limits Reach of Non-Article III Courts Jurisdiction Under Article III, the judicial power of the

More information

Client Alert. Revisiting Venue: Patriot Coal and the Interest of Justice. Background

Client Alert. Revisiting Venue: Patriot Coal and the Interest of Justice. Background Number 1447 January 2, 2013 Client Alert Latham & Watkins Finance Department Revisiting Venue: Patriot Coal and the Interest of Justice Steps taken by parties on the eve of filing for bankruptcy are likely

More information

Latham & Watkins Litigation Department

Latham & Watkins Litigation Department Number 1391 September 12, 2012 Client Alert Latham & Watkins Litigation Department Federal Circuit Holds that Liability for Induced Infringement Requires Infringement of a Patent, But No Single Entity

More information

Business Immigration. Brexit and the EU Settlement Scheme. December 2018

Business Immigration. Brexit and the EU Settlement Scheme. December 2018 Business Immigration Brexit and the EU Settlement Scheme December 2018 Foreword Brexit will have a major impact on EU nationals and their family members in the UK. The Government has introduced a plan

More information

Client Alert. Background on Discovery Requests under Section 1782

Client Alert. Background on Discovery Requests under Section 1782 Number 1383 August 13, 2012 Client Alert Latham & Watkins Litigation Department Eleventh Circuit Holds That Parties to Private International Commercial Arbitral Tribunals May Seek Discovery Assistance

More information

on significant health issues pertaining to their products, and of encouraging the

on significant health issues pertaining to their products, and of encouraging the Number 836 March 17, 2009 Client Alert Latham & Watkins Wyeth v. Levine and the Contours of Conflict Preemption Under the Federal Food, Drug, and Cosmetic Act The decision in Wyeth reinforces the importance

More information

Case3:12-mc CRB Document88 Filed10/04/13 Page1 of 5. October 4, Chevron v. Donziger, 12-mc CRB (NC) Motion to Compel

Case3:12-mc CRB Document88 Filed10/04/13 Page1 of 5. October 4, Chevron v. Donziger, 12-mc CRB (NC) Motion to Compel Case3:12-mc-80237-CRB Document88 Filed10/04/13 Page1 of 5 555 CALIFORNIA STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE: +1.415.626.3939 FACSIMILE: +1.415.875.5700 VIA ECF United States District

More information

Latham & Watkins Corporate Department

Latham & Watkins Corporate Department Number 1171 April 7, 2011 Client Alert Latham & Watkins Corporate Department Matrixx Initiatives, Inc. v. Siracusano: Changes in Adverse Event Reporting The Court s refusal to adopt a bright-line rule

More information

Latham & Watkins Finance Department

Latham & Watkins Finance Department Number 1025 May 13, 2010 Client Alert Latham & Watkins Finance Department Pending a decision on BNY s appeal, structured transaction and derivative lawyers should carefully consider the drafting of current

More information

State Attorney General Investigations and Litigation. Barry H. Boise November 3, 2011

State Attorney General Investigations and Litigation. Barry H. Boise November 3, 2011 State Attorney General Investigations and Litigation Barry H. Boise November 3, 2011 The State Compliance Environment Increasing efforts by states to regulate: Advertising and promotional spend limits/disclosures

More information

Case 1:18-cr DLF Document 7-1 Filed 05/04/18 Page 1 of 6 ATTACHMENT A

Case 1:18-cr DLF Document 7-1 Filed 05/04/18 Page 1 of 6 ATTACHMENT A Case 1:18-cr-00032-DLF Document 7-1 Filed 05/04/18 Page 1 of 6 ATTACHMENT A Case 1:18-cr-00032-DLF Document 7-1 Filed 05/04/18 Page 2 of 6 Eric A. Dubelier Direct Phone: +1 202 414 9291 Email: edubelier@reedsmith.com

More information

NEFF CORP FORM S-8. (Securities Registration: Employee Benefit Plan) Filed 11/21/14

NEFF CORP FORM S-8. (Securities Registration: Employee Benefit Plan) Filed 11/21/14 NEFF CORP FORM S-8 (Securities Registration: Employee Benefit Plan) Filed 11/21/14 Address 3750 N.W. 87TH AVENUE SUITE 400 MIAMI, FL 33178 Telephone 3055133350 CIK 0001617667 Symbol NEFF SIC Code 7359

More information

Freedom of Information Act Request: Mobile Biometric Devices and Applications

Freedom of Information Act Request: Mobile Biometric Devices and Applications 51 LOUISIANA AVENUE, N.W. WASHINGTON, D.C. 20001.2113 TELEPHONE: +1.202.879.3939 FACSIMILE: +1.202.626.1700 Direct Number: (202) 879-3437 smlevine@jonesday.com VIA E-MAIL: ICE-FOIA@DHS.GOV U.S. Immigration

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JONES DAY, ) Case No.: 08CV4572 a General Partnership, ) ) Judge John Darrah Plaintiff, ) ) v. ) ) BlockShopper

More information

Client Alert. Rome II and the Law Applicable to Non-Contractual Obligations. Introduction

Client Alert. Rome II and the Law Applicable to Non-Contractual Obligations. Introduction Number 789 20 January 2009 Client Alert Latham & Watkins Litigation Department Rome II and the Law Applicable to Non-Contractual Obligations Rome II will enable parties doing business across borders to

More information

Background. 21 August Practice Group: Public Policy and Law. By Raymond P. Pepe

Background. 21 August Practice Group: Public Policy and Law. By Raymond P. Pepe 21 August 2014 Practice Group: Public Policy and Law Permanent Injunction of Pennsylvania s Prohibition against Establishment of Political Committees to Receive Contributions of Corporate and Labor Union

More information

Latham & Watkins Environment, Land & Resources Department

Latham & Watkins Environment, Land & Resources Department Number 952 November 4, 2009 Client Alert Latham & Watkins Environment, Land & Resources Department Second Circuit Revives Federal Common Law Nuisance Suits Against Greenhouse Gas Emitters in Connecticut

More information

ICC INTRODUCES FAST-TRACK ARBITRATION PROCEDURE AND BOLSTERS TRANSPARENCY

ICC INTRODUCES FAST-TRACK ARBITRATION PROCEDURE AND BOLSTERS TRANSPARENCY The latest Rules of Arbitration of the International Chamber of Commerce (ICC) entered into force on 1 March 2017 (the 2017 Rules). New provisions are aimed at reducing the cost and increasing the transparency

More information

What future for unilateral dispute resolution clauses?

What future for unilateral dispute resolution clauses? What future for unilateral dispute resolution clauses? 1 Briefing note October 2012 What future for unilateral dispute resolution clauses? It is common practice to insert into contracts unilateral choice-of-court

More information

Latham & Watkins Litigation Department

Latham & Watkins Litigation Department Number 1241 September 28, 2011 Client Alert Latham & Watkins Litigation Department Practical Implications of the America Invents Act on United States Patent Litigation This Client Alert addresses the key

More information

FILED: NEW YORK COUNTY CLERK 11/17/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/17/2017 ATTACHMENT 4

FILED: NEW YORK COUNTY CLERK 11/17/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/17/2017 ATTACHMENT 4 ATTACHMENT 4 Joshua G. Hamilton Direct Dial: + 1.424.653.5509 joshua.hamilton@lw.com 355 South Grand Avenue, Suite 100 Los Angeles, California 90071-1560 Tel: +1.213.485.1234 Fax: +1.213.891.8763 www.lw.com

More information

Sarepta Therapeutics, Inc. (Exact name of registrant as specified in its charter)

Sarepta Therapeutics, Inc. (Exact name of registrant as specified in its charter) Registration No. 333-101826 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 POST-EFFECTIVE AMENDMENT NO. 1 TO FORM S-8 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 Sarepta

More information

Client Alert. Circuit Courts Weigh In on Treatment of Trademark License Agreements in Bankruptcy

Client Alert. Circuit Courts Weigh In on Treatment of Trademark License Agreements in Bankruptcy Number 1438 December 12, 2012 Client Alert Latham & Watkins Finance Department Circuit Courts Weigh In on Treatment of Trademark License Agreements in Bankruptcy Recent bankruptcy appellate rulings have

More information

BREXIT: THE WAY FORWARD FOR APPLICABLE LAW AND CIVIL JURISDICTION AND JUDGMENTS?

BREXIT: THE WAY FORWARD FOR APPLICABLE LAW AND CIVIL JURISDICTION AND JUDGMENTS? APPLICABLE LAW AND CIVIL JURISDICTION Both the and the have now published short papers setting out their positions on judicial cooperation in civil and commercial matters. A comparison of the two perhaps

More information

State-By-State Chart of Citations

State-By-State Chart of Citations State-By-State Chart of Citations Law Forum Statute Text AZ Yes Yes (A.) The following are against this state s public policy and are void and unenforceable: (1.) A provision, covenant, clause or understanding

More information

MOVING EMPLOYEES GLOBALLY:

MOVING EMPLOYEES GLOBALLY: MANAGING THE GLOBAL WORKFORCE WEBINAR SERIES MOVING EMPLOYEES GLOBALLY: STRATEGIES FOR NAVIGATING COMMON CHALLENGES Nicholas Hobson Rebecca Kelly K. Lesli Ligorner Eleanor Pelta June 6, 2018 2018 Morgan,

More information

USDA Rulemaking Petition

USDA Rulemaking Petition USDA Rulemaking Petition Sound Horse Conference 2010 Joyce M. Wang Latham & Watkins LLP Latham & Watkins operates as a limited liability partnership worldwide with affiliated limited liability partnerships

More information

The Senior Consumer. The Institute of Food, Medicine and Nutrition October David Donnan. A.T. Kearney October

The Senior Consumer. The Institute of Food, Medicine and Nutrition October David Donnan. A.T. Kearney October The Senior Consumer The Institute of Food, Medicine and Nutrition October 2015 David Donnan A.T. Kearney October 2015 1 We are facing an Agequake THE SUPER-AGING OVERHANG (Countries with >65 segments over

More information

Client Alert. Natural Resource Damages After NJDEP v. Dimant. The Spill Act. Facts of Dimant

Client Alert. Natural Resource Damages After NJDEP v. Dimant. The Spill Act. Facts of Dimant Number 1409 October 2, 2012 Client Alert Latham & Watkins Environment, Land & Resources Department Natural Resource Damages After NJDEP v. Dimant In a unanimous opinion, the New Jersey Supreme Court held

More information

For the purpose of this opinion, we have assumed the following:

For the purpose of this opinion, we have assumed the following: Baker & McKenzie Ltd. Attorneys at Law 25th Floor, Abdulrahim Place 990 Rama IV Road Bangkok 10500, Thailand Tel: +66 (0) 2636 2000 Fax: +66 (0) 2636 2111 bangkok.info@bakernet.com www.bakernet.com Asia

More information

Respecting Human Rights in the Energy and Natural Resources Sector. A Practical Guide by Hogan Lovells International Business and Human Rights Group

Respecting Human Rights in the Energy and Natural Resources Sector. A Practical Guide by Hogan Lovells International Business and Human Rights Group Respecting Human Rights in the Energy and Natural Resources Sector A Practical Guide by Hogan Lovells International Business and Human Rights Group Respecting Human Rights in the Energy and Natural Resources

More information

Recent Trade Developments and the Trans-Pacific Partnership (TPP)

Recent Trade Developments and the Trans-Pacific Partnership (TPP) Recent Trade Developments and the Trans-Pacific Partnership (TPP) Presented by Frank Samolis Co-chair, International Trade Practice November 2015 Agenda Background: Key Political Developments in the United

More information

LEGAL SUPERHEROES: VOL 2. MAKING YOU A LEGAL SUPERHERO!

LEGAL SUPERHEROES: VOL 2. MAKING YOU A LEGAL SUPERHERO! LEGAL SUPERHEROES: VOL 2. MAKING YOU A LEGAL SUPERHERO! Session 7: 3:30-4:30 Presented by Sidley Austin Title: Antitrust Audits as part of a Gold Standard Compliance Program Speakers: Peter Huston, Partner,

More information

7 Saint Paul Street Baltimore, MD Phone: Fax:

7 Saint Paul Street Baltimore, MD Phone: Fax: 2018 Whiteford, Taylor & Preston LLP David Daneman Partner 7 Saint Paul Street Baltimore, MD 21202-1636 Phone: 410.347.8729 Fax: 410.234.2317 Email: ddaneman@wtplaw.com Experience Mr. Daneman, a partner

More information

Omnibus accounts in Poland new solutions available to foreign investors and custodians

Omnibus accounts in Poland new solutions available to foreign investors and custodians Briefing note December 2011 Omnibus accounts in Poland new solutions available to foreign investors and custodians On 16 September 2011, the Act Amending the Act on Trading in Financial Instruments and

More information

EU-China Workshop on Trademark Law

EU-China Workshop on Trademark Law EU-China Workshop on Trademark Law 13 May 2011 - Diqing (Yunnan Province) Marc L. Holtorf / 郝韬福 Topic III - Indication of Source, Appellation of Origin and Geographical Indications Overview German national

More information

Who can create jobs in america? The American Worker Perspective on U.S. Job Creation

Who can create jobs in america? The American Worker Perspective on U.S. Job Creation Who can create jobs in america? The American Worker Perspective on U.S. Job Creation Who can create jobs in america? The perspectives of a CFO master class The American Worker Perspective on U.S. Job Creation

More information

Latham & Watkins Environment, Land & Resources Department

Latham & Watkins Environment, Land & Resources Department Number 937 September 22, 2009 Client Alert Latham & Watkins Environment, Land & Resources Department The Local Controversy Exception to the Class Action Fairness Act Preston, Kaufman and Coffey An understanding

More information

Statutory adjudication

Statutory adjudication Statutory adjudication 2017 A brief overview of statutory adjudication What is statutory adjudication? Statutory adjudication is adjudication which takes place under Part II of the Housing Grants, Construction

More information

The Bribery Act Frequently Asked Questions WHAT IS THE BRIBERY ACT 2010? WHO MUST COMPLY WITH THE UKBA?

The Bribery Act Frequently Asked Questions WHAT IS THE BRIBERY ACT 2010? WHO MUST COMPLY WITH THE UKBA? The Bribery Act 2010 Frequently Asked Questions WHAT IS THE BRIBERY ACT 2010? The Bribery Act 2010 ( UKBA ) is the primary anti-corruption law in the United Kingdom. It came into force in July 2011 and

More information

New Federal Rules of Bankruptcy Procedure: Impact on Chapter 7, 12 and 13 Secured Creditors

New Federal Rules of Bankruptcy Procedure: Impact on Chapter 7, 12 and 13 Secured Creditors Presenting a live 90-minute webinar with interactive Q&A New Federal Rules of Bankruptcy Procedure: Impact on Chapter 7, 12 and 13 Secured Creditors THURSDAY, FEBRUARY 15, 2018 1pm Eastern 12pm Central

More information

HOGAN & HARTSON L.L.P.

HOGAN & HARTSON L.L.P. HOGAN & HARTSON L.L.P. LESLIE SUE RITTS PARTNER DIRECT DIAL (202) 637-6573 LSRITTS@HHLAW.COM COLUMBIA SQUARE 555 THIRTEENTH STREET, NW WASHINGTON, DC 20004-1109 TEL (202) 637-5600 FAX (202) 637-5910 WWW.HHLAW.COM

More information

New Civil Code and Contracts What You Should Know

New Civil Code and Contracts What You Should Know GBA Meeting, Ho Chi Minh City, 11 September 2017 New Civil Code and Contracts What You Should Know Duane Morris Vietnam LLC Manfred Otto 2017 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered

More information

IP & IT Bytes. November Patents: jurisdiction and declaratory relief

IP & IT Bytes. November Patents: jurisdiction and declaratory relief November 2016 IP & IT Bytes First published in the November 2016 issue of PLC Magazine and reproduced with the kind permission of the publishers. Subscription enquiries 020 7202 1200. Patents: jurisdiction

More information

Kenneth R. O'Rourke Partner

Kenneth R. O'Rourke Partner Kenneth R. O'Rourke Partner Washington, DC D: +1-202-383-5219 Los Angeles D: +1-213-430-7281 korourke@omm.com Ken O Rourke litigates complex cases and represents clients in high-stakes US and international

More information

Slavery and Human Trafficking How the Newest Supply Chain Risk Impacts the Fashion Industry

Slavery and Human Trafficking How the Newest Supply Chain Risk Impacts the Fashion Industry Slavery and Human Trafficking How the Newest Supply Chain Risk Impacts the Fashion Industry United States Fashion Industry Association Dynda A. Thomas December 10, 2015 010-8170-5783 Disclaimer The information

More information

SECURITIES INDUSTRY EMPLOYMENT ARBITRATION

SECURITIES INDUSTRY EMPLOYMENT ARBITRATION SECURITIES INDUSTRY EMPLOYMENT ARBITRATION Michael Delikat mdelikat@orrick.com Jill Rosenberg jrosenberg@orrick.com Lisa Lupion llupion@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 51 W 52 nd Street New

More information

Oil & Gas JOA Defaults: Enforcing Forfeiture Clauses after the Cavendish Square Decision

Oil & Gas JOA Defaults: Enforcing Forfeiture Clauses after the Cavendish Square Decision Oil & Gas JOA Defaults: Enforcing Forfeiture Clauses after the Cavendish Square Decision February 2016 The continuing decline in oil & gas prices has led to increasing numbers of defaults under oil & gas

More information

BREXIT AND JURISDICTION CLAUSES: CHOICE OF ENGLISH LAW FOLLOWING THE EU REFERENDUM

BREXIT AND JURISDICTION CLAUSES: CHOICE OF ENGLISH LAW FOLLOWING THE EU REFERENDUM : CHOICE OF ENGLISH LAW FOLLOWING THE EU REFERENDUM The choice of law to govern a contract will be unaffected by Brexit, if and when it occurs, but jurisdiction provisions may require consideration. But

More information

Marathon Oil Corporation

Marathon Oil Corporation UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event

More information

The Seventh Circuit Undercuts Prominent Defenses in Data Breach Lawsuits and Class Actions

The Seventh Circuit Undercuts Prominent Defenses in Data Breach Lawsuits and Class Actions Class Action Litigation Alert The Seventh Circuit Undercuts Prominent Defenses in Data Breach Lawsuits and Class Actions August 2015 With two recent decisions sure to please the plaintiff s bar, the U.S.

More information

BEGINNING A DEAL: NONDISCLOSURE AGREEMENTS AND LETTERS OF INTENT

BEGINNING A DEAL: NONDISCLOSURE AGREEMENTS AND LETTERS OF INTENT BEGINNING A DEAL: NONDISCLOSURE AGREEMENTS AND LETTERS OF INTENT Robert Dickey October 17, 2017 2016 Morgan, Lewis & Bockius LLP Topics Covered Initial Considerations Contents of a Confidentiality Agreement

More information

FDA Outlook: New Leadership, More Enforcement, New Legislation

FDA Outlook: New Leadership, More Enforcement, New Legislation FDA Outlook: New Leadership, More Enforcement, New Legislation Linda R. Horton Partner 1 Introduction - Linda Horton Counsels clients in the pharmaceuticals, medical devices, animal health industries and

More information

Japan amends its Commercial Arbitration Rules

Japan amends its Commercial Arbitration Rules 1 Japan amends its Commercial Arbitration Rules Briefing note 14 May 2014 Japan amends its Commercial Arbitration Rules Japan is known, at least in academic circles, as a country of low "litigiousness".

More information

7 Saint Paul Street Baltimore, MD Phone: Fax:

7 Saint Paul Street Baltimore, MD Phone: Fax: 2018 Whiteford, Taylor & Preston LLP Richard J. Magid Senior Counsel 7 Saint Paul Street Baltimore, MD 21202-1636 Phone: 410.347.8716 Fax: 410.223.3496 Email: rmagid@wtplaw.com Experience Mr. Magid focuses

More information

Grasping for a Hold on Ascertainability : The Implicit Requirement for Class Certification and its Evolving Application

Grasping for a Hold on Ascertainability : The Implicit Requirement for Class Certification and its Evolving Application 26 August 2015 Practice Groups: Financial Institutions and Services Litigation Commercial Disputes Consumer Financial Services Class Action Defense Global Government Solutions Grasping for a Hold on Ascertainability

More information

December 15, Dear Justice Singh: VIA ECF LITIGATION

December 15, Dear Justice Singh: VIA ECF LITIGATION 1095 Avenue of the Americas New York, NY 10036-6797 +1 212 698 3500 Main +1 212 698 3599 Fax www.dechert.com JAMES M. MCGUIRE December 15, 2013 james.mcguire@dechert.com +1 212 698 3658 Direct +1 212 698

More information

Changes to the Russian Civil Code: What's new in the regulation of obligations

Changes to the Russian Civil Code: What's new in the regulation of obligations Changes to the Russian Civil Code: What's new in the regulation of obligations 1 Briefing note May 2015 Changes to the Russian Civil Code: What's new in the regulation of obligations As of 1 June 2015,

More information

Arbitration vs. Litigation

Arbitration vs. Litigation Arbitration vs. Litigation November 15, 2017 Choosing Your Dispute Resolution Method Wisely James Tancula Partner +1 312 701 7900 jtancula@mayerbrown.com Miles Robinson Partner +44 20 3130 3974 miles.robinson@mayerbrown.com

More information

February 6, Practice Groups: Class Action Litigation Defense; Financial Institutions and Services Litigation

February 6, Practice Groups: Class Action Litigation Defense; Financial Institutions and Services Litigation February 6, 2013 Practice Groups: Class Action Litigation Defense; Financial Institutions and Services Litigation Knowing Where You Are Litigating is Half the Battle: The Supreme Court Hears Oral Argument

More information

Presenting our Belgian Antitrust Litigation practice. Advising you on private enforcement.

Presenting our Belgian Antitrust Litigation practice. Advising you on private enforcement. Presenting our Belgian Antitrust Litigation practice Advising you on private enforcement 2 Presenting our Antitrust Litigation practice Private enforcement: a phenomenon on the rise Private enforcement

More information

Delaware Chancery Court Confirms the Invalidity of Fee-Shifting Bylaws for Stock Corporations

Delaware Chancery Court Confirms the Invalidity of Fee-Shifting Bylaws for Stock Corporations 4 January 2017 Practice Group(s): Corporate/M&A Delaware Chancery Court Confirms the Invalidity of Fee-Shifting Bylaws for By Lisa R. Stark and Taylor B. Bartholomew In Solak v. Sarowitz, C.A. No. 12299-CB

More information

Client Alert. Number 1355 July 3, Latham & Watkins Litigation Department

Client Alert. Number 1355 July 3, Latham & Watkins Litigation Department Number 1355 July 3, 2012 Client Alert Latham & Watkins Litigation Department District Court Ruling Paves the Way for More Negligent Securities Fraud Enforcement Actions Under Sections 17(a)(2) and (3)

More information

Use and abuse of anti-arbitration injunctions: strategies in dealing with anti-arbitration injunctions

Use and abuse of anti-arbitration injunctions: strategies in dealing with anti-arbitration injunctions Use and abuse of anti-arbitration injunctions: strategies in dealing with anti-arbitration injunctions Court assistance in international arbitration how to use it wisely and efficiently Anti-suit and anti-arbitration

More information

Latham & Watkins Environment, Land & Resources

Latham & Watkins Environment, Land & Resources Number 851 April 15, 2009 Client Alert Latham & Watkins Environment, Land & Resources Courts Remain Split on Whether Denial of Class Certification Deprives Federal Courts of CAFA Jurisdiction Federal district

More information