The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important to remember that these products may have additional regulatory considerations and hurdles. The Alcohol and Tobacco Tax and Trade Bureau
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Weekly IRS Roundup August 26 – August 30, 2024
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of August 26, 2024 – August 30, 2024. August 26, 2024: The IRS released Internal Revenue Bulletin 2024-35, which includes the following: Revenue Ruling 2024-16, which provides the average annual effective interest rates for new loans under…
Provider-Sponsored Health Plans and Value-Based Care Strategies
By Brad Dennis
In response to evolving market demands, an increasing number of hospitals and health systems are considering creating provider-sponsored health plans (PHSPs), which are health insurance plans owned and operated by healthcare providers. McDermott’s healthcare team recently hosted a webinar exploring how PSHPs may offer hospitals a strategic pathway towards achieving sustainable, patient-centered care delivery by…
Lower the Red Flags: Flawed Fee Award Flops
By Keval Amin
The US Court of Appeals for the Federal Circuit vacated and remanded a district court decision awarding attorneys’ fees, finding that the district court abused its discretion by failing to properly explain its basis for the fee award. Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., Case No. 23-1035 (Fed. Cir. Aug. 23, 2024) (Albright,…
Rebel Libertarians Aren’t at Liberty to Violate Lanham Act
By Karen Gover
In a case that required the US Court of Appeals for the Sixth Circuit to articulate the boundary between the Lanham Act and the First Amendment when the trademark in question is the name of a political party, the Court found that the Lanham Act can constitutionally apply to use of the mark and that…
Some Post-Expiration Patent Royalty Payments May Be OK
The US Court of Appeals for the Ninth Circuit reversed a district court’s finding that a contract impermissibly allowed for patent royalties after the patent expired because the post-termination royalty payments were allocated to non-US patents. C.R. Bard, Inc. v. Atrium Med. Corp., Case No. 23-16020 (9th Cir. Aug. 23, 2024) (Friedland, Mendoza, Desai, JJ.)…
Trending in Telehealth: August 13 – 26, 2024
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care. Trending in the past two weeks: Licensing requirements Substance use disorder Teleoptometry A CLOSER LOOK Finalized Legislation & Rulemaking: In Maine¸ the comment…
This Week in 340B: August 27 – September 2, 2024
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of…
Illumina/GRAIL: European Court of Justice Annuls the Commission’s Approach
In a spectacular turn, on September 3, 2024, the Court of Justice of the European Union annulled the European Commission’s decision to review the acquisition of Grail by Illumina. The Commission had previously asserted its authority to examine the merger under Article 22 of the EU Merger Regulation, despite the transaction not meeting the EU…
Weekly IRS Roundup August 19 – August 23, 2024
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of August 19, 2024 – August 23, 2024. August 19, 2024: The IRS released Internal Revenue Bulletin 2024-34, which includes the following: Treasury Decision 10005, which provides the criteria for single-employer defined benefit plan sponsors to obtain…