U.S. Supreme Court Allows Early Notice For Biosimilars
By: Eric Caligiuri
In SANDOZ INC. v. AMGEN INC. et al., the United States Supreme Court in a unanimous opinion ruled that biosimilar makers can give their required 180-day statutory notice of sales before their products win approval by the United States Food and Drug Administration (“FDA”). In short, the Court held a biosimilar maker “may provide notice either before or after receiving FDA approval.” If biosimilar makers had to await FDA approval before giving notice,
Arbitration Agreements Cannot Foreclose a Party’s Right to Seek Public Injunctive Relief under California’s Consumer Protection Laws
By Lukas Clary
The California Supreme Court has struck back in its ongoing battle with the United States Supreme Court as to the enforceability of arbitration agreements in consumer contracts. On April 7, 2017, in McGill v. Citibank, the California Supreme Court held that a contractual waiver of the right to seek public injunctive relief—i.e., relief that serves primarily to benefit the public at large rather than redress private wrongs—is contrary to public policy and thus unenforceable under California law.
New Laws Affecting New York City Retail And Fast Food Workers
By: Katie A. Veatch
On May 30, 2017, the Mayor of New York City (“NYC”) signed into law five bills related to workplace reform in the retail and fast food industries. These laws are set to take effect on November 26, 2017.
New Laws Applicable to Retail Industry in NYC
Intro 1387 (On-Call Scheduling), bans the practice of on-call scheduling for retail employees in NYC.