A precise definition of business services was recently at the core of a dispute between the Israel Tax Authority and eBay Marketplace Israel Ltd., a subsidiary of the multinational eBay Group. The district court litigated this dispute… more

On April 30, 2024, the Associated Press (AP) reported the Drug Enforcement Administration (DEA) will propose a rule to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). More specifically… more

On April 15, 2024, Sysmex America, Inc. (“Sysmex”) filed a notice of data breach with the Attorney General of Massachusetts after discovering that an unauthorized party was able to gain access to the company’s computer network. In this… more

On May 3, the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, and Office of the Comptroller of the Currency (collectively, the agencies) released a guidebook aimed at assisting community banks… more

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has, as part of its mandate, the responsibility to enforce the Health Insurance Portability and Accountability Act (HIPAA) Security Rule. For HIPAA… more

This article, updated quarterly, looks ahead to the areas expected to be prioritized by financial services regulators across the globe; we look at the key regulatory trends emerging from the past year which inform our expectations for… more

Look Ahead to the Week of May 13: House Takes on FAA Reauthorization -Both the House and Senate are in session this week. At the end of last week, after much consternation, the Senate passed with widespread bipartisan support an… more

A successful party to a buy-out order made in the course of unfair prejudice proceedings can find themselves in a difficult position, at the hands of an uncooperative respondent. Commonly, the Court will try liability and quantum… more

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the… more

Let’s say you’ve just suffered a personal injury in Florida. This can range from an automobile accident to a dog bite or from breaking a leg on an uneven staircase to a “slip and fall” in a big box store. All of these incidents may… more

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that effectively bans most noncompete agreements in the United States. The FTC’s rule is scheduled to go into effect 120 days after it is published… more

Enforcement of the Foreign Corrupt Practices Act of 1977 relies heavily on whistleblowers, both in America and abroad. If you have information about a potential violation of the law and want to report it to the authorities, there are… more

On May 13, 2024, Singing River Health System (SRHS) filed a notice of data breach with the Attorney General of Maine after learning that an August 2023 data breach impacted the personal information of nearly four times as many people… more

The global dash to regulate AI - Artificial intelligence (AI) has made enormous strides in recent years and has increasingly moved into the public consciousness. Increases in computational power, coupled with advances in machine… more

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Final Rule implementing the Pregnant Workers Fairness Act (PWFA). The Final Rule will go into effect on June 18, 2024, nearly a year after the EEOC issued… more

Seyfarth Synopsis: Employees at a Cresco Labs cannabis cultivation facility in Massachusetts recently made an unexpected and significant decision: they chose to say goodbye to their union membership just shy of their first contract’s… more

Navigating the federal taxation of foreign currency can be compared to trying to cross a perilous sea. Both involve unexpected rough patches, serious difficulties, and frustrating complexity. In this Q&A, I provide an overview of the… more

Both chambers of Congress are out of session today and return for the rest of the week. Most healthcare priorities remain out of the congressional spotlight this week, but telehealth is still top of mind. As we previously noted… more

The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred… more

MIT Report Details New Cybersecurity Risks - “Cloud misconfigurations, more sophisticated ransomware, and vendor exploitation attacks are contributing to rising cyberattacks.” Why this is important: Worldwide spending on… more

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