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Health Care Enforcement Quarterly Roundup - September 2018
  • McDermott Will & Emery
  • USA
  • September 11 2018

In the latest installment of Health Care Enforcement Quarterly Roundup, we examine key enforcement trends in the health care industry that we have


Capital Markets & Public Companies Quarterly: Expanding Relief under Smaller Reporting Company, Reg A and Rule 701, SEC Enforcement of Cybersecurity Disclosures and Other News
  • McDermott Will & Emery
  • USA
  • July 11 2018

During the previous quarter, the SEC acted to expand the number of companies that may rely on the “smaller reporting company” scaled disclosure regime


Supreme Court rejects Sixth Circuit’s Yard-Man inferences in M&G Polymers USA, LLC v. Tackett
  • McDermott Will & Emery
  • USA
  • February 18 2015

In M&G Polymers USA, LLC v. Tackett, 135 S. Ct. 935 (2015), the Supreme Court of the United States addressed the interpretation of collective


Intra-circuit split continues as Federal Circuit denies rehearing en banc
  • McDermott Will & Emery
  • USA
  • November 30 2011

In denying the plaintiffs’ petition for rehearing en banc, the Court of Appeals for the Federal Circuit left open an intra-circuit split as to the proper standard in assessing the likelihood of success factor when deciding preliminary injunction motions in patent infringement cases.


Pennsylvania federal judge finds the individual mandate unconstitutional and strikes down closely related provisions
  • McDermott Will & Emery
  • USA
  • September 14 2011

On September 13, 2011, a federal district court judge in Pennsylvania ruled that the individual mandate under the Affordable Care Act (ACA) is unconstitutional and that certain provisions closely linked to the individual mandate must also be struck down.


Eleventh Circuit: individual mandate unconstitutional, but rest of ACA stands
  • McDermott Will & Emery
  • USA
  • August 23 2011

The recent high profile decision by the Eleventh Circuit affirmed the opinion by a lower court that the individual mandate under the health reform law is unconstitutional.


Eleventh Circuit strikes the ACA's individual mandate as unconstitutional, setting up a circuit split and making Supreme Court review more likely
  • McDermott Will & Emery
  • USA
  • August 23 2011

In a 2-1 decision on August 12, 2011, the Eleventh Circuit Court of Appeals in Atlanta ruled that the individual mandate in the Affordable Care Act is unconstitutional.


Supreme Court receives new request to consider constitutionality of health reform law
  • McDermott Will & Emery
  • USA
  • July 29 2011

The Supreme Court of the United States received a new request today that it consider the question of whether the “individual mandate” under the Patient Protection and Affordable Care Act is constitutional or not.


Circuit split on whether copyright registration must be obtained before filing an infringement action
  • McDermott Will & Emery
  • USA
  • June 30 2010

Copyright owners in the Ninth Circuit recently received same clarity concerning meeting the statutory prerequisites for filing copyright infringement actions from the U.S. Court of Appeals for the Ninth Circuit.


Creating a circuit split, the Second Circuit rejects "independent economic value" test
  • McDermott Will & Emery
  • USA
  • June 30 2010

The U.S. Court of Appeals for the Second Circuit rejected the “independent economic value” test adopted by four other circuits and upheld an award of statutory damages for copyright infringement of music on a per-album basis, not a per-song basis.