As reported on the Hunton Employment & Labor Perspectives Blog last week, although the World Health Organization (“WHO”) has declared the coronavirus outbreak a “public health emergency of international concern,” WHO has not yet declared the outbreak as a pandemic. Nevertheless, the emergence of the latest coronavirus is an opportunity for employers, as it reminds them to consider policies and procedures related to pandemic planning.
Continue Reading Coronavirus: A Reminder for Employers Without a Pandemic Plan

Innovation and developments in technology bring both opportunities and challenges for retailers, and Hunton Andrews Kurth has a sophisticated understanding of these issues and how they affect retailers. On January 23, 2020, our cross-disciplinary retail team, composed of over 200 lawyers, released our annual Retail Industry Year in Review.
Continue Reading 2019 Retail Industry Year in Review

On December 5, 2019, the Federal Trade Commission announced a $4.1 million settlement against A.S. Research, the marketer of the dietary supplement Synovia. The Commission alleged that ASR mislead consumers by purporting Synovia could dramatically reduce or cure chronic joint pain, stiffness and swelling caused by arthritis, carpal tunnel syndrome, tennis elbow and muscular atrophy.
Continue Reading FTC Exacts $4.1 Million Settlement from Supplement Marketer over Shaky Arthritis Treatment Claims

Activist investors continue to make liberal use of the SEC’s Rule 14a-8 to submit proposals for inclusion in company proxy statements. One of the most important shareholder trends to emerge from 2018 is the increasing involvement and support of large institutional investors in certain campaigns. Crisis management was one area in particular that institutional investors prioritized and sought disclosure on in 2018.
Continue Reading Recent Trends in Shareholder Proposals

At the end of May, President Trump unveiled his latest proposed budget blueprint for 2018. The proposed budget contains significant funding cuts for many government programs, including more than a 25 percent cut to the Supplemental Nutrition Assistance Program, formerly known as the Food Stamp Program.
Continue Reading Proposed Budget Cut to the Food Stamp Program Worries Many Food Retailers

The Second Circuit recently held that Rite-Aid lawfully fired a long-tenured pharmacist after he refused to comply with the company’s new mandate that pharmacists must administer immunizations. The court’s decision reminds employers what it takes to show that a given function is “essential” and what accommodations are reasonable.
Continue Reading Second Circuit Says Firing Disabled Worker Was Lawful

Earlier this month, a large coalition of trade groups filed a brief with the D.C. Circuit arguing that the NLRB’s decision in the Volkswagen challenge, allowing a union election in a “micro-unit” of maintenance workers at the company’s Chattanooga, Tennessee, auto manufacturing plant, should be rejected.
Continue Reading Business Coalition Weighs in Again on VW’s Challenge to NLRB’s Specialty Healthcare Standard

On July 19, 2016, the United States Court of Appeals for the Seventh Circuit held that a general liability insurer’s duty to defend suits seeking damages “because of bodily injury” was triggered when the state of West Virginia sued a pharmaceutical distributor, alleging it had contributed to an epidemic of prescription drug abuse, causing the state to spend money to care for addicted citizens.
Continue Reading Pharmaceutical Distributor Sued – A Tough Pill for Insurers to Swallow

The supply of a medicinal product without a marketing authorisation under national provisional permissions of use does not generally prevent an SPC.

The scope of protection of an SPC for a virus may be broader than the specific virus strain mentioned in the marketing authorization.

Today, the EFTA Court ruled on two important SPC issues

How much particularity is required to plead a claim under the False Claims Act (“FCA”), a statute designed to root out fraud against the government? While courts purport to apply the requirements of Federal Rule of Civil Procedure 9(b) and its stringent standards for pleading fraud, several circuits take a more flexible approach when assessing