Several recent cases arising under the federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 301 et seq., highlight the usefulness of preemption as a defense against putative class actions concerning drugs, cosmetics, dietary supplements, medical
Sheppard, Mullin, Richter & Hampton LLP
Sheppard Mullin is a full-service Am Law 100 firm with more than 1000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, high-stakes litigation and complex financial transactions. In the U.S., the firm’s clients include more than half of the Fortune 100
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Organizational Integrity Shorts: Don’t Just Let the Dominoes Fall; Understand the Paths They Might Take
Let’s say you’re a publicly traded manufacturer of a popular medical device, which you sell commercially as well as to a number of VA hospitals. You receive an anonymous internal hotline complaint alleging that certain unauthorized, reverse-engineered components were used…
Third Circuit Ruling Gives CFPB Green Light to Enforce Against Student Loan Trusts
In a significant ruling on March 19, the Third Circuit Court of Appeals held that the CFPB can proceed with its lawsuit against a group of Delaware student loan trusts rejecting their claims that they are just passive financing entities…
New Hampshire Enacts Comprehensive Consumer Privacy Law
On March 6, New Hampshire Governor Chris Sununu signed into law SB 255, a sweeping consumer privacy bill. The Act gives consumers broad rights regarding their privacy and control over their personal data. …
FinCEN Proposes New Rule to Deter Money Laundering in the Residential Real Estate Sector
On February 7, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) designed to combat and deter money laundering in the U.S. residential real estate sector, which has…
Out in the Open: HHS’s New AI Transparency Rule
The Department of Health & Human Services through the Office of the National Coordinator for Health Information Technology recently updated the process for certification of health information technology. Some of the modifications are intended to address use of artificial intelligence…
Cal/OSHA Publishes Long-Awaited Guidance and Model Workplace Violence Prevention Plan
Starting July 1, 2024, California employers across all industries must have a written Workplace Violence Prevention Plan (“WVPP”) in place. As previously reported, the recently enacted SB 553 established this new requirement, along with mandatory employee training, initial and…
6 Key Considerations for Selling Carbon Pollution-Free Electricity to the Federal Government
In line with the goals set forth in the Federal Government’s Federal Sustainability Plan, the General Services Administration (“GSA”) recently issued a Request for Information (“RFI”) stating its intent to acquire approximately 2,700,000 MWh of carbon pollution-free (“CFE”)[1] retail…
Mind Your Audience: Disclosure of Confidential Information to AI Programs Can Give Rise to Trade Secret Misappropriation Claims
AI tools such as Chat GPT and Otter are becoming common programs that employees use to help streamline business tasks. Otter, for example, is an AI Meeting Assistant that automatically transcribes and summarizes meetings in real time, records audio, captures…
We Say ‘YES’ to the ‘City of Yes’ for Economic Opportunity
Jodi Stein, Eva C. Schneider and Samuel Zarkower’s article “We Say ‘YES’ to the ‘City of Yes’ for Economic Opportunity” was recently featured in the New York Law Journal. The article discusses the City of Yes for Economic Opportunity (COYEO), the second…