As we previously blogged, in a case concerning retail chain Michaels Stores, the Supreme Judicial Court of Massachusetts (SJC) recently issued a broad ruling regarding the circumstances in which consumers may sue for collection of zip code information during credit card transactions under Massachusetts law. Two separate putative class actions now have been filed
Paying to Play in the Name of Another (Allegedly)
Recently, we noted a pay-to-play scandal in Pennsylvania that resulted in multiple arrests. This week, New Jersey’s Attorney General charged seven executives or shareholders of Birdsall Services Group, an engineering firm. The alleged Birdsall scheme illustrates the ease with which pay-to-play violations and campaign finance violations can mix.
Pay-to-play laws typically restrict or prohibit public
Georgia Legislature Limits Gifts from Lobbyists
Last night the Georgia legislature reached a compromise and passed new gift laws with no time to spare before the end of the legislative session. The fate of the changes to the gift rule was in limbo earlier this week when the House passed a complete ban on gifts from lobbyists to lawmakers and the
Congressionally Commissioned Report Recommends Shelving Key STOCK Act Provision
With near-unanimous bipartisan majorities, Congress last year passed the Stop Trading on Congressional Knowledge (“STOCK”) Act in an effort to confront alleged insider trading by federal officials. A major part of that legislation required that financial information of high-level government employees be disclosed in a searchable, sortable, and downloadable internet database. Although the officials’ underlying
Vermont Working On Major Changes To Campaign Finance Law
The Vermont Senate might soon scrap the Green Mountain State’s campaign finance law in its entirety in favor of new legislation. The pending bill would change contribution limits, increase reporting frequency, and require groups paying for electioneering communications to disclose their major donors. The ambitious bill, which is making its way through the state
FCC Online Public Inspection File Suffers Outage
The public-facing portion of the FCC’s online public inspection file system for broadcast TV stations apparently was unavailable for part of the day on Wednesday. Although the outage was fairly brief — we first saw the error below late in the morning, and we could access the system again by mid-afternoon — it is a reminder that
ACA’s Cost-Sharing Limitations on Employer Health Coverage
The Affordable Care Act has numerous provisions that restrict the amounts that employer-sponsored health plans may require employees to pay for health care. These provisions include prohibitions on annual and lifetime dollar limits on essential health benefits, restrictions on out-of-pocket maximums, and requirements to provide preventive care services and items at no cost to participants.
Georgia: New Ethics Rules Really on Their Mind?
Revisions to Georgia’s gift rules, which seemed a near certainty earlier in the year, have stalled as the legislative clock runs out this week. Georgia law currently imposes no limit on gifts to state legislators. In the 2012 primaries, Georgia voters overwhelming supported a non-binding ballot initiative calling for a $100 cap on gifts and
Private Antitrust Damages Claims in the Pharmaceuticals Sector: Gaining Momentum
The times when private antitrust damages claims were not a serious risk in the European Union are gone. The European Commission and national competition authorities are actively promoting follow-on damages claims by private plaintiffs, and national health authorities are themselves bringing huge claims for damages arising from anticompetitive practices.
The following are examples of recent
French Competition Authority Launches Pharmaceutical Sector Inquiry
In February 2013, the French Competition Authority (“FCA”) launched an inquiry into the pharmaceutical sector, examining each level of the medicinal distribution chain (pharmaceutical suppliers, wholesalers and retailers). The FCA is likely to focus on a broad range of issues, including:
- Generic entry: The inquiry will likely examine pay-for-delay arrangements and other issues relating