A range of recent design cases were discussed, such as Columbia Sportswear North America v. Seirus Innovative Accessories—which narrowed the scope of the Egyptian Goddess test and indicated that logos may be considered in an assessment… more

I saw this question online and decided to answer it here on my blog.  It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police footage or… more

In an unpublished opinion released on May 12 in Grayson Dailey v. SC Home Holdings, LLC (Op. No. 2024-UP-164), the South Carolina Court of Appeals upheld the tax sale of real property in Lexington County over the objection of the… more

On May 8, 2024, the National Labor Relations Board (“Board”) issued a decision reversing a 2021 decision the Board previously vacated after former Board Member William Emanuel, who participated in the ruling, was found to have broken… more

Our newsletter reflects the focus of Akin’s cross-practice autonomous systems and advanced mobility team on developments in the regulatory, policy, trade, intellectual property, and cybersecurity and privacy spaces. Autonomous Akin… more

La présentation de demandes de brutage fiscal – ou « tax gross-up » – des indemnités pouvant être réclamées lors d’une procédure d’arbitrage par les parties lésées est essentielle. L’objectif de telles demandes consiste en la prise… more

Certainty and Absolute Predictability Are Not Required to Establish a Reasonable Expectation of Success for Obviousness - The Federal Circuit affirmed the obviousness determination because there was no clear error in finding that… more

Colorado has become the first state to pass legislation (SB24-205) regulating the use of artificial intelligence (AI) within the United States. This legislation is designed to address the influence and implications, ethically, legally… more

Details of how the recently confirmed operational reforms to improve the NSIP planning process will work in practice are beginning to emerge. We have previously reported on which of the proposed operational reforms are confirmed… more

As noted in our prior advisory, U.S. citizens and residents who receive gifts exceeding certain thresholds from foreign persons must generally report such gifts to the IRS on Form 3520, and the IRS does not hesitate to impose… more

Companies should consider how new AI risk standards may align to their operations and whether to comment on the draft standards to shape their development. On April 29, 2024, the White House announced that several federal agencies… more

On May 1, 2024, the Delaware Supreme Court issued its decision in City of Sarasota Firefighters’ Pension Fund v. Inovalon Holdings, Inc., reversing the Delaware Court of Chancery’s dismissal of the case under the MFW framework and… more

In denying Petitioner Medivis, Inc.’s (“Medivis”) Request for Rehearing of the Patent Trial and Appeal Board’s (“PTAB”) Final Written Decision (“FWD”) in Medivis, Inc. v. Novarad Corp. inter partes review, the PTAB found that at the… more

Amgen and Sandoz reached a settlement in Case No. 1:23-cv-02406 (D.N.J.) on April 29 just hours before a New Jersey District Court Judge (Christine O’Hearn) was scheduled to announce her ruling on Amgen’s preliminary injunction against… more

Introduction On May 1, the White House Council on Environmental Quality (“CEQ”) published its Final Rule implementing revisions to the National Environmental Policy Act (“NEPA”)—better known as Phase 2 (the “Final Rule”). This rule… more

Maryland has been the latest domino to fall in a surge of recent state and local wage transparency legislation across the United States. With at least eight states now requiring employers to post compensation ranges along with job… more

In the European Union (EU), battery-electric vehicle (BEV) registration outpaced diesel vehicles for the first time in 2023. The EU electric vehicle (EV) market continues to show positive signs of consumer and private investment… more

A Hong Kong court has refused to sanction a scheme of arrangement, saying that practitioners should explain the key terms and effect of any proposed restructuring in a way which can be easily understood by the creditors and the court… more

Nearly all carriers will list the above exclusions; however, some may also exclude Fraud and Settlement without Consent from coverage. As with RWI, Tax Liability Policies are non-renewable. They have a one-time premium payment, an… more

IPA Technologies Inc. v. Microsoft Corporation, No. CV 18-1-RGA, 2024 WL 1797394 (D. Del. Apr. 25, 2024) - On April 25, 2024, Judge Richard G. Andrews from District of Delaware found that Siri, the digital assistant produced by… more

With its passage of Oregon Consumer Data Privacy Act (“OCDPA”), Oregon became one of 16 states to pass comprehensive data privacy laws… more

On May 7, 2024, the California Supreme Court resolved a lower court split over the meaning of a “knowing and intentional failure to comply” under California Labor Code Section 226, which dictates requirements for providing employees… more

On April 18, 2024, Representative Betty McCollum (D-MN) announced that she and Senator Dick Durbin (D-IL) introduced the Forever Chemical Regulation and Accountability Act (H.R. 8074, S. 4187), “bicameral legislation to address the… more

Introduction Le 30 avril 2024, le gouvernement fédéral du Canada (le « gouvernement fédéral ») a déposé l’avis de motion de voies et moyens pour présenter la Loi d’exécution no 1 du budget de 2024 (le « projet de loi ») afin de… more

The Texas Tax Code provides that, as a general matter, Texas sales and use tax are imposed on sales of “tangible personal property” or “taxable services.” However, various exemptions apply to these items to provide relief to taxpayers… more

The UK has introduced new registration requirements on persons carrying on certain activities (e.g. political influence activities) for foreign states in the United Kingdom, which is expected to come into force in the course of 2024… more

In another move highlighting the Consumer Financial Protection Bureau's (the “Bureau” or “CFPB”) continued focus on the payments space, the CFPB has issued a new report finding consumers are encountering numerous problems with credit… more

On May 9, Assistant Attorney General (AG) Jonathan Kanter announced that Department of Justice’s (DOJ) Antitrust Division has formed a Task Force on Healthcare Monopolies and Collusion (HCMC). The initiative will bring together civil… more

In the latest episode of Regulatory Oversight, Troutman Pepper Partner Amy Williams welcomes Jenelle Beavers and Rob Sayegh from Alvarez and Marsal. Jenelle serves as the managing director of the Disputes and Investigations practice… more

On April 17, the U.S. Securities and Exchange Commission’s (SEC) Division of Examinations (EXAMS) issued its third risk alert on the amended Rule 206(4)-1 (the Marketing Rule) under the Investment Advisers Act of 1940 (Advisers Act)… more

Congress recently passed legislation to ban imports of Russian uranium products into the United States. The Prohibiting Russian Uranium Imports Act (HR 1042) (the Act) was approved by the House of Representatives on December 11, 2023… more

A law firm partner sends an email to another partner that he’s in trouble, and that the other partner should go to Walgreens and buy gift cards and send over the information for the gift card number and pin. The people at Walgreens… more

Pegfilgrastim Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs… more

Precedential and Key Federal Circuit Opinions - 1.  IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J.  The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and Appeal… more

On May 9, Maryland Governor Wes Moore signed the Maryland Online Data Privacy Act (MODPA) into law, making Maryland the 17th state to enact a comprehensive privacy law. Despite its name, MODPA’s coverage is not limited to “online… more

On 24 April 2024, President Biden signed into law H.R. 815, “Making Emergency Supplemental Appropriations for the Fiscal Year Ending September 30, 2024, and for Other Purposes” (the Act). The long-awaited piece of legislation provides… more

We get asked all the time to lay out the pros and the cons of different ways a company can challenge a competitor’s false advertising. And no surprise -- we are big fans of the National Advertising Division (NAD) process, with its… more

On April 16, 2024, the U.S. District Court Judge Gershwin A. Drain in the Eastern District of Michigan granted summary judgment in favor of Flagstar Bank (the “Bank”) in a case where the plaintiff alleged breach of contract and… more

Life Policy Lapse Shortly Before Insured’s Death - In Simon v. USAA Life Insurance Co. (Mar. 29, 2024), the insurer denied death benefits under a term life insurance policy, which had lapsed for nonpayment of premium two days… more

Maryland will soon have some of the strictest data protection and privacy requirements in the nation after the Maryland Online Data Privacy Act of 2024 (MODPA) was signed into law by Gov. Wes Moore last week… more

On May 7, 2024, Judge Beth Labson Freeman of the United States District Court for the Northern District of California dismissed with prejudice a putative shareholders’ class action against a pharmaceutical company (“Company”) and… more

Entering the second regular session of Colorado’s 74th General Assembly, most Capitol observers were expecting more of the same—the same being the acrimony, contentiousness and rancor that characterized the end of the 2023 lawmaking… more

Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action, relating to… more

It is no secret that the Federal Reserve, the FDIC, and the OCC have zeroed in on banks' use of third parties for products, services, and other operations, the risks those arrangements may pose, and banks' responsibility to properly… more

Last Friday, May 10, the Texas federal district court hearing the lawsuit challenging the CFPB’s final credit card late fee rule (Rule) granted the plaintiffs’ preliminary injunction motion and stayed the Rule. The Rule was set to… more

On April 20, 2024, the Pennsylvania Department of Banking and Securities (“DoBS”) issued a policy statement (“Policy Statement”) to “clarify” that the Department’s interpretation of the term “money” in the Pennsylvania Money… more

Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC published its proposed registration statement and related rules. As we write this… more

Oregon’s Paid Family and Medical Leave Insurance Program (“Paid Leave Oregon”) generally provides eligible employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave. Since Paid Leave… more

It turns out there is something more difficult than the financing and development of a luxury retirement community, the long life of which spanned from its initial municipal approval in 2002, through the 2008 financial crisis, and… more

Two cases show that courts consider alleged harassment or discrimination based on transgender or cisgender status to be colorable under Title VII of the Civil Rights Act. Vacating summary judgment for the employer, a federal appeals… more

Introduced under Title III of the JOBS Act, Regulation Crowdfunding (“Regulation CF”) was promulgated to allow startups and emerging companies to raise capital from a wider pool of investors through equity crowdfunding platforms… more

On May 8, 2024, the U.S. Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA), and U.S. Food and Drug Administration (FDA) released a joint plan to identify areas of ambiguity, gaps, or uncertainty in their… more

On May 6, the Fed released its quarterly survey of the Senior Loan Officer Opinion Survey (SLOOS) on bank lending practices for the first quarter of the year which revealed tightened lending standards and a decrease in demand across… more

What are the top 5 data privacy concerns for my clients the past couple of months? Here are some notes I recently compiled for a meeting of Fox Rothschild’s national Privacy Law Practice Group. Patchwork Paralysis - •How do you… more

Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they are… more

As previewed over the course of the last month, the Biden Administration has announced that intends to increase Section 301 tariff rates for a host of products, including critical minerals used in battery production, and solar cells… more

Fairfax County, Virginia, recently released draft zoning ordinance text amendments to provide new regulations for data centers within the county. A link to the draft zoning ordinance amendments may be found here… more

The June 2024 Visa Bulletin shows no forward movement in employment-based preference categories, but retrogression could occur soon, according to the U.S. Department of State… more