Cephalon, State AGs Settle Provigil ‘Pay-for-Delay’ Antitrust Case for $125M

August 8, 2016 via Law 360

headache-1540220_640Cephalon has agreed to pay $125 million to settle antitrust litigation over reverse payments made to delay the introduction of generic forms of its Provigil drug, Georgia Attorney General Sam Olens announced Thursday. The litigation involved 48 states. The companies admitted no wrongdoing under the agreement announced Thursday.

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New York Attorney General Ends Noncompetes at Medical Information Company

August 5, 2016 via Law360 – Life Sciences   

A Texas-based medical information services company will no longer require all of its New York employees to sign noncompete agreements, New York Attorney General Eric Schneiderman said Thursday, noting that his office and the company had reached an agreement following a complaint by a former company employee. Under the terms of the agreement, Examination Management Services Inc., or EMSI, agreed to stop using noncompetes for most New York employees, except for top executives. These agreements barred employees from working with competitors after leaving the company, regardless of whether or not they had access to trade secrets or other sensitive information.

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New York Attorney General Announces Companies Stop Deceptively Advertising “Zika-Preventive” Products

August 4, 2016 via New York Attorney General – Press Releases

mosquitoe-1548947_640Attorney General Eric T. Schneiderman announced today that six of the seven companies that received cease and desist letters from his office for deceptively marketing products as “Zika-preventive” have reformed their advertising. The companies had marketed their products with claims that they prevented or protected against Zika virus, even though the products are known to be ineffective for that purpose. The removal of the misleading advertising claims yesterday comes less than 24 hours after the Attorney General commenced action.

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State AGs, Barclays Settle Over Fees

August 9, 2016 via The Times Union Capital State News

Barclays Bank has agreed to pay $100 million to 43 states and the District of Columbia to settle allegations it improperly set key interest rates almost a decade ago, affecting payments on investments. Monday’s settlement includes $93.5 million in restitution and costs of the investigation led by the New York and Connecticut attorneys general.

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New York Attorney General Announces Settlement With Synergy Fitness Clubs for Deceptive and Illegal Practices; Highlights Tips for Consumers

August 8, 2016 via New York Attorney General – Press Releases

Attorney Gesport-908264_640neral Eric T. Schneiderman today announced a settlement with nine Synergy Fitness health clubs located in New York City and Nassau County to resolve his investigation of their compliance with the state’s Health Club Services Law. The office received numerous consumer complaints against Synergy alleging the health clubs improperly billed consumers for memberships, misrepresented and unfairly applied their cancellation policies, charged fees that were not part of the contract and were unresponsive to consumer complaints.

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New York Attorney General Announces $100K Settlement With E-Retailer After Data Breach Exposes Over 25K Credit Card Numbers

August 5, 2016 via New York Attorney General – Press Releases

Attorney General Eric T. Schneiderman today announced a settlement with Provision Supply, LLC, d/b/a EZcontactsUSA.com, involving a data breach resulting in the potential exposure of over 25,000 credit card numbers and other cardholder data. EZcontactsUSA.com has agreed to pay $100,000 in penalties and to shore up its data security practices.

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Exxon’s ‘Green’ States Climate Fight Heats Up in Texas Court

August 9, 2016 via Bloomberg – Markets

Exxon Mobil Corp.’s battle with New York and Massachusetts over their probes into the company’s use of climate change data is heating up, and a key element of the national dispute is now in the hands of a Texas judge. The states are investigating whether Exxon for years misled investors about how climate change may affect its business, prompting Massachusetts Attorney General Maura Healey to issue a subpoena in April. Irving, Texas-based Exxon sued Healey on the company’s home turf to block it.

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U.S. States Signed Pact to Keep Exxon Climate Probe Confidential

August 4, 2016 via Yahoo News

A pact that 15 U.S. states signed to jointly investigate Exxon Mobil Corp for allegedly misleading the public about climate change sought to keep prosecutors’ deliberations confidential and was broadly written so they could probe other fossil fuel companies. The “Climate Change Coalition Common Interest Agreement” was signed by state attorneys general in May, two months after they held a press conference to say they would go after Exxon, the world’s largest publicly-traded oil and gas company, and possibly other companies.

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Arkansas Political Robocall Law Struck Down as Unconstitutional

July 28, 2016 via Law360 – Telecom

An Arkansas federal judge on Wednesday struck down a state law banning political robocalls, ruling that the decades-old statute did not meet the “strict” test for bypassing First Amendment protections because the relevant privacy and safety concerns could have been tackled in a less restrictive way. Siding with the communications company that mounted the legal challenge, U.S. District Judge J. Leon Holmes deemed the disputed law, which was enacted in 1981, to be unconstitutional and issued an order enjoining Arkansas Attorney General Leslie Rutledge from enforcing the statute with respect to telephone calls made in connection with political campaigns.

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Massachusetts Attorney General Wants Career Institute Debt Cleared

August 1, 2016 via Courthouse News

Targeting another for-profit school, Massachusetts Attorney General Maura Healey is requesting student loan forgiveness for over 4,400 students who were duped into attending the now-defunct American Career Institute. Healey submitted an application last week to the U.S. Department of Education to cancel loans that had been made to the students of the for-profit school, known as ACI for short.

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