ResMed Corp. To Pay $37.5 Million In FCA Settlement

Blog Post Authors: John Roberts (; Nicolas A. Lussier ( On January 15, 2020, medical equipment manufacturer ResMed Corp. (“ResMed”) agreed to pay $37.5 million to settle claims brought against it in five qui tam lawsuits under the False Claims Act (“FCA”) and Anti-Kickback Statute (“AKS”).  The underlying lawsuits alleged that ResMed  was providing illegal […]

AT&T – Unsustainable Business Practices

Blog Post Authors: Ho Yin Cheung (; Nicolas A. Lussier ( ) Investors in AT&T opposed a motion to dismiss their complaint on January 17, 2020. In their opposition brief, plaintiffs defended their complaint against the telecommunications giant, stating that they were “painstakingly” specific in their allegations that AT&T misrepresented the volume of subscriptions to […]

Supreme Court Sends Its Latest “Stock Drop” Case Back to the Second Circuit

Blog Post Authors: Jonathan Dilger (; Nicolas A. Lussier ( On January 14, 2020, the Supreme Court remanded Retirement Plans Committee of IBM v. Jander back to the Second Circuit to the surprise of many employee benefit and retirement experts who anticipated that the Court would use Jander as an opportunity to further clarify the […]

Federal Trade Commission Launches Inquiry into Debit Card Transactions

The Federal Trade Commission (FTC) launched a preliminary inquiry into both Visa Inc. and Mastercard Inc. for their debit card practices. Both companies recently settled an antitrust probe with the European Union in April over their payment processing practices. The latest inquiry by the FTC is also based on concerns over whether these companies were […]

Worker Misclassification Bills Signed by New Jersey Governor

On Monday, New Jersey Governor Phil Murphy signed bills that will protect employees from worker misclassification. The worker misclassification bills will protect self-employed and freelance workers, and companies will now be obligated to offer them the right to earn overtime pay, earn sick leave time, and be able to take advantage of Workers’ Compensation if […]

The Fair Pay to Play Act and Antitrust Laws

California Governor Gavin Newsom recently signed The Fair Pay to Play Act (“FPTPA” or the “Act”), or California Senate Bill 206, to go into effect on January 1, 2023.  The FPTPA will allow college athletes to benefit from the use of their name, image, or likeness, and many any states, including New York, are following […]

Vote Delayed on New Jersey Independent Contractors Bill

The vote on the New Jersey independent contractors bill S4204 will be delayed. Senate President Stephen Sweeney announced on Wednesday that state lawmakers will not be voting on the bill before the lame-duck session ends next week in mid-January. Instead, the proposed bill will be revisited and discussed in further detail in the next two-year […]

Amazon Accused of Antitrust Violations

Amazon may soon face potential liability for an alleged antitrust violation.  Recently, a third-party merchant accused Amazon of forcing the merchant to utilize Amazon’s logistics services at much higher rates than offered by competitors or risk incurring penalties.  Such behavior is referred to as tying and may qualify as a violation of antitrust law.  An […]

Wells Fargo’s Attempt to Throw Out $97 Million Loss in Rest Break Case

In early November 2019, Wells Fargo Bank, N.A. (“Wells Fargo” or “Defendant”) asked the Ninth Circuit Court of Appeals (“Ninth Circuit”) to reverse a judgment of the U.S. District Court, Central District of California, in the case Patricia Barreras, et al. v. Wells Fargo Bank, N.A., et al., Case No. CV 17-4344 PA, that awarded […]

Department of Labor Provides Limited Increase in Overtime Pay Threshold

In September 2019, the Department of Labor (“DOL”) announced a final rule which will increase the annual salary amount to qualify for certain exemptions under the Fair Labor Standards Act (“FLSA”).  Pursuant to the FLSA, salaried employees are not entitled to overtime pay if they, inter alia, earn more than the salary threshold, which is […]

A Message to Our Clients About Coronavirus COVID-19:

A Message to Our Clients About Coronavirus COVID-19

At Shepherd, Finkelman, Miller & Shah, LLP, we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy. As a result, our lawyers and staff are working remotely in accordance with the CDC's recommendations. We continue to work for all of our clients and are happy to arrange for phone or video consultations. We are also able to exchange documents via secure drives or email.

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