We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 402

Unanimous FTC Finds LabMD’s Data Security Practices Violated Section 5 of the FTC Act
  • Baker & Hostetler LLP
  • USA
  • August 18 2016

On July 29, 2016, a unanimous Federal Trade Commission (“FTC” or “Commission”) issued its Opinion and Final Order reversing the decision of an


2016 Mid-Year Securities Litigation and Enforcement Highlights
  • Baker & Hostetler LLP
  • Ireland, USA
  • July 29 2016

Welcome to the 2016 Mid-Year Report From the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team. The purpose is to provide


Federal Circuit Helps Clarify What Constitutes a Commercial Sale under Pfaff
  • Baker & Hostetler LLP
  • USA
  • July 18 2016

In The Medicines Co. v. Hospira Inc., Appeal No. 2014-1469 (Fed. Cir. July 11, 2016), the Federal Circuit issued a unanimous en banc decision ruling


Federal Circuit Provides Additional Guidance in Reversing Holding of Patent-Ineligibility of Biotech Invention
  • Baker & Hostetler LLP
  • USA
  • July 7 2016

Although it is not yet a bright line, the Federal Circuit has considerably decreased the fuzziness of the distinction between patent-eligible and


Federal Circuit Confirms That the BPCIA Always Requires Post-Licensure Notice
  • Baker & Hostetler LLP
  • USA
  • July 6 2016

The Federal Circuit answered one of the questions left open by its July 27, 2015, decision in Amgen Inc. v. Sandoz Inc. (Appeal No. 2015-1499):


No Longer Implied: Supreme Court Expressly Recognizes Implied Certification as a Theory of Liability Under the False Claims Act
  • Baker & Hostetler LLP
  • USA
  • June 17 2016

Court Rejects the First Circuit's "Expansive View" of the Theory by Articulating "Rigorous" Standards of Materiality. Yesterday, the U.S. Supreme


Differences in Medical Opinions: Not Enough to Prove FCA Liability
  • Baker & Hostetler LLP
  • USA
  • May 19 2016

In a $200 million False Claims Act (FCA) litigation with certain twists and turns, the U.S. District Court for the Northern District of Alabama


U.S. House of Representatives v. Burwell: A Failure to Appropriate, Not a Failure in Drafting
  • Baker & Hostetler LLP
  • USA
  • May 19 2016

"A most curious and convoluted argument whose mother was undoubtedly necessity," wrote Judge Rosemary M. Collyer in describing the argument made by


Is That a Carrot or a Stick in Your Hand? The Third Circuit Examines the Line Between Competition and Coercion in De Facto Exclusive Dealing Agreements
  • Baker & Hostetler LLP
  • USA
  • May 18 2016

We recently wrote about attempts to force exclusivity onto customers. But firms with large or dominant market shares often must walk a fine line


Escobar Oral Arguments: Justices Imply Outcome - False Claims Act Implied Certification May Survive
  • Baker & Hostetler LLP
  • USA
  • May 5 2016

The U.S. Supreme Court recently held oral arguments in the case of Universal Health Services, Inc. v. U.S. ex rel. Escobar, No. 15-7, which is set to