Shepherd, Finkelman, Miller & Shah, LLP
Shepherd, Finkelman, Miller & Shah, LLP
866-540-5505 877-891-9880

Dedicated Client Advocacy

May 2018 Archives

Samsung to Pay Apple $538.6M for copying Intellectual Property

On May 24, 2018, after four days of deliberation, an eight-member federal jury in the United States District Court for the Northern District of California found that Samsung infringed on eight of Apple Inc.'s ("Apple") patents relating to their smartphone technology. Specifically, the jury awarded $533.3 million for infringement on three design patents for the phones' silver rims, user interface with icons, and glass back front face and $5.3 million for two utility patents for a "bounce back" scroll feature and double-tap zoom feature.

Judge Isn't Convinced by Defense's Argument at NYU ERISA Trial

U.S. District Judge for the Southern District of New York, Katherine B. Forrest, was not convinced by the May 16 closing arguments in an Employee Income Retirement Security Act ("ERISA") class action lawsuit against New York University ("NYU"). The suit alleges that NYU's retirement committee mismanaged employees' retirement savings, and Judge Forrest interrupted defense counsel multiple times to question if the committee members were knowledgeable enough to oversee NYU's two plans.

What is churning, and what is Finra proposing to do about it?

Imagine that you’re a “typical” securities investor in that you do not have vast resources at your ready disposal to guide your investment decisions. Instead, like most other Americans, you rely upon the advice of a professional broker or adviser to promote your best financial interests.

Lawsuit Over Skyrocketing Health Insurance Costs Due to Opioid Crisis

On May 2, 2018, class action suits were filed in five federal courts (California, Illinois, Massachusetts, New Jersey, and New York) against opioid makers and distributors, including Purdue Pharma and McKesson Corp., Cephalon Inc., Johnson & Johnson, Janssen Pharmaceuticals Inc., Cardinal Health Inc. and AmerisourceBergen Corp. ("Defendants"). The complaints allege that health insurance premiums are ballooning due to the national opioid epidemic which has been fueled by Defendants' aggressive marketing and promotion of opioids. The New Jersey complaint was filed by, Lou Sardella ("Plaintiff"), on behalf of individuals and businesses in the state who have bought private health insurance and have seen their premiums skyrocket due to the cost of the opioid crisis. The complaint alleges that private insurance claims related to opioid dependence in New Jersey grew over 3,200% between 2007 and 2014, and that health insurers have paid for opioid prescriptions that should never have been written and for the cost of treating addiction and other related costs. Sardella's complaint asserts that health insurers (who were not named in the complaint) have transferred the rising costs resulting from the Defendants' conduct to their customers in the form of higher premiums, deductibles, and co-pays. "These higher insurance costs are the result of the companies' allegedly deceptive marketing of the risks of opioids, and distributors turning a blind eye to the amount of opioid pills flooding the supply chain. Each year, opioid abuse imposes approximately $55 billion in health and social costs across the country, and it also imposes approximately $20 billion in costs for emergency and inpatient care," the Plaintiff alleged. Since 2015, Sardella's monthly premium with Horizon Blue Cross Blue Shield of New Jersey has risen from under $400 to almost $500.

Music promoters’ spat spotlights unfair competition allegations

We note the broad universe of unfair trade practice on our website at the proven Connecticut business law firm of Shepherd, Finkelman, Miller & Shah, LLP. Our deep attorney team has collectively practiced extensively in that realm for many decades, representing diverse business and consumer clients in federal and state courts across the country.