Westlaw Journals weekly round-up

May 1, 2013

The new Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law.  Here are some highlights from the past week:

Westlaw Journals Weekly RoundupPennsylvania court extinguishes bar’s challenge to no-smoking ruling: A Pennsylvania appeals court has determined that a bar and restaurant is not entitled to an exception to the state’s clean-air law that would allow smoking inside the bar because the bar area is not fully enclosed. The Commonwealth Court also ruled that any remedial action taken after the effective date of the law is irrelevant. (Tobacco Industry)

4th Circuit lets D&O insurer recoup $1 million for fraudster’s defense: A bankrupt mortgage company’s ex-chairman must repay $1 million in defense costs to his D&O insurer because a jury’s criminal fraud conviction was an “in fact” final determination of his guilt, a federal appeals court in Richmond, Va., has ruled. The 4th U.S. Circuit Court of Appeals rejected ex-Taylor Bean & Whitaker Chairman Lee Farkas’ bid to overturn a determination that when a jury convicted him of criminal charges in an underlying case, the D&O insurer was entitled to immediately stop paying for his defense. (Corporate Officers & Directors)

Amgen settles federal drug promotion kickback claims for $25 million: California-based biotechnology firm Amgen Inc. will pay nearly $25 million to settle U.S. Justice Department claims that it paid kickbacks to pharmacies and encouraged “off-label” uses to increase the sales of its anemia drug Aranesp. The federal government will get $17.8 million, with the rest to be split among several states and the District of Columbia, which joined the suit, according to a Justice Department statement. (Pharmaceutical)

Supreme Court review sought in convicted exec’s speedy-trial case: The former treasurer of investment banking service Doral Financial Corp. and federal prosecutors are waiting to see whether the U.S. Supreme Court will review his securities fraud conviction because of an alleged violation of the Speedy Trial Act. A Manhattan federal court jury convicted Mario S. Levis four years ago on one count of securities fraud and two counts of wire fraud for misleading shareholders and regulators about Doral’s exposure to derivative mortgage-backed securities. (White-Collar Crime)