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Author Archives: Kimberly Atkins

Proposed reg could breathe life into generic drug suits

Following two U.S. Supreme Court decisions that shut the door on state-law failure-to-warn and design-defect claims over generic drugs, the Food and Drug Administration is taking steps that could ultimately open a window for plaintiffs. The agency has stated its ...

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Issues remain despite confirmations of NLRB nominees

The U.S. Senate’s confirmation of all five nominees to the National Labor Relations Board may end some of the uncertainty that has loomed over the controversial agency for years. But it does not signal an end to the battles over ...

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EEOC puts new focus on severance agreements

For most employers, severance agreements are essential tools for ensuring that the end of an employment relationship does not lead to litigation. But a recent lawsuit brought by the Equal Employment Opportunity Commission alleging that an overly broad severance agreement ...

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Confidential investigation advice ‘helpful’ — for now

The employment bar was roiled last year when the National Labor Relations Board ruled that a company policy requiring employees to keep interviews related to internal investigations confidential violated federal labor law. But since then, the agency has been informally ...

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Preemption at issue in generic drug manufacturer case

Deciding where the preemptive effect of federal rules governing drug manufacturing ends and states’ ability to impose liability on drug makers begins has never been an easy task — not even for the justices of the U.S. Supreme Court.

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NLRB class action ruling under fire from federal courts

One year after the National Labor Relations Board sent shockwaves through the labor and employment bar by ruling that mandatory arbitration clauses barring class actions violated the National Labor Relations Act, the decision is coming under direct fire from federal ...

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Mixed reaction to SEC whistleblower data

In its first full year, a federal whistleblower program that boosted the amount of awards to employees and others who report credible information about fraud and other securities violations spurred more than 3,000 tips and resulted in one five-figure payout.

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D.C. court strikes down NLRB recess appointments

In a ruling likely to send ripples through the labor and employment law bar, a federal appellate court has ruled that President Obama’s recess appointments of three members to the National Labor Relations Board last year were unconstitutional.

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Equitable principles, ERISA plans at issue in case

The U.S. Supreme Court is being asked to decide who should foot the attorney’s bill when an accident victim’s medical expenses are covered by an ERISA plan, and the victim goes on to win a tort suit for his injuries.

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