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Searching Content indexed under Food, Drugs, Healthcare, Life Sciences by Proskauer Rose LLP ordered by Published Date Descending.
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1
IRS Announces HSA And HDHP Limitations For 2020
Posted in Affordable Care Act, HSA On May 28, 2019, the IRS released Revenue Procedure 2019-25 setting dollar limitations for health savings accounts (HSAs) and high-deductible health plans (HDHPs) for 2020. HSAs are subject to annual aggregate contribution limits
United States
12 Jun 2019
2
Suit Over Use Of American Heart Association Certification Mark Maintains A Pulse
Is it deceptive to label food products with the mark of the American Heart Association ("AHA") without disclosing that the AHA was paid for use of its certification mark?
United States
4 Jun 2019
3
Ninth Circuit Denies Review Of Class Certification In Beer Labeling Brouhaha
In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing's request for leave to appeal a grant of class certification to a consumer class.
United States
1 May 2019
4
New York City Council Passes Bill Limiting Pre-Employment Drug Testing For Marijuana
The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to drug tests for marijuana use.
United States
30 Apr 2019
5
Snack Bar Class Action Powers On After USDA Action And FDA Inaction
Unlike a fine wine, a snack bar does not get better with age. Neither, apparently, does litigation. Last month, Judge William H. Pauley III in the Southern District of New York
United States
2 Apr 2019
6
Proskauer Releases Annual U.S. IPO Study
International law firm Proskauer today released its sixth annual IPO Study, which offers comprehensive analyses of U.S.-listed initial public offerings that priced in 2018 and identification of IPO trends from 2014 to 2018.
United States
12 Mar 2019
7
Making Gender-Affirming Surgeries A Possibility For Low-Income Transgender People
For many transgender people, undergoing gender-affirming surgery is a crucial step toward a healthy gender transition.
United States
18 Feb 2019
8
How To Identify And Address Secondary Trauma
Pro bono projects can provide some of the most meaningful and interesting moments in a lawyer's career. It's usually an easy decision to say "yes" ...
United States
12 Feb 2019
9
Nationwide Injunction Halts Exemptions And Accommodations To The ACA Contraceptive Coverage Mandate
On January 14, 2019, a district court in the Eastern District of Pennsylvania granted a nationwide preliminary injunction halting the application of final regulations governing religious ...
United States
30 Jan 2019
10
Eighth Circuit Decision On "Cross-Plan Offsetting" Illustrates Importance Of Careful Plan Drafting
The U.S. Court of Appeals for the Eighth Circuit recently weighed in on a practice for recovering health plan overpayments known as "cross-plan offsetting."
United States
29 Jan 2019
11
No Use Crying Over Spilled (Almond) Milk: Ninth Circuit Upholds Dismissal Of Almond Milk Labeling Suit
On December 20, 2018, the Ninth Circuit affirmed the dismissal without leave to amend of a putative class action complaint against Blue Diamond Growers, which alleged that the term "almond milk" on Blue Diamond's beverages was misleading.
United States
18 Jan 2019
12
[Podcast]: Texas Judge Declares Affordable Care Act Unconstitutional
Hello and welcome to the Proskauer Benefits Brief legal insights on Employee Benefits and Executive Compensation.
United States
28 Dec 2018
13
$15 Million False Ad Verdict Boosts Damages In Probiotic IP Dispute
On November 20, 2018, a years-long dispute before Judge Theodore Chuang in the District of Maryland over probiotics culminated in a gut-wrenching $18 million jury verdict against defendant pharmaceutical companies.
United States
27 Dec 2018
14
District Court Declares Entire Affordable Care Act Unconstitutional – What It Means For Employers And Plan Sponsors
In a surprising turn of events, on Friday, December 14th, a district court judge in the Northern District of Texas declared that the Affordable Care Act's ("ACA") individual mandate...
United States
20 Dec 2018
15
Eleventh Circuit Works Out Preclusion And Preemption Issues In Protein Powder Dispute
On December 4, 2018, the Eleventh Circuit partially reversed the dismissal of Hi-Tech Pharmaceuticals' suit against HBS International Corp. for alleged violations of the Lanham Act...
United States
18 Dec 2018
16
Second Circuit Affirms Dismissal Of Truffle Kerfuffle
Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs'
United States
11 Dec 2018
17
Illinois Supreme Court To Decide Scope Of BIPA
On November 20, 2018, the Illinois Supreme Court heard oral argument on whether a company's technical violation of the Illinois Biometric Information Privacy Act ("BIPA") is sufficient to confer standing.
United States
30 Nov 2018
18
District Court Filters Out Preempted "Spring Water" False Advertising Claim
Earlier this year, we covered a decision from the District of Connecticut finding state law false advertising claims against the bottled water company Poland Spring preempted by the FDCA.
United States
12 Nov 2018
19
Payment By MCOs To Encourage Preventive Screenings Not A Kickback
On October 11, 2018, the OIG for the Department of HHS issued an advisory opinion clarifying that an arrangement between a managed care organization and its network providers wherein the providers are incentivized...
United States
1 Nov 2018
20
Inventorship Claim In Disease Treatment Patent Dispute Survives Motion To Dismiss
Determining who qualifies as an inventor on a patent application requires careful attention to the facts surrounding each person's contribution to conception of the invention, as embodied in the patent claims.
United States
23 Oct 2018
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