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The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s decision that the asserted claims were patent ineligible under 35 U.S.C. § 101, finding that the district court improperly characterized the… more

This case addresses the application of issue preclusion in scenarios where two closely related cases allege patent infringement against different versions of the same technology. Specifically, this case discusses whether a party’s… more

PIP (partners' interests in the partnership) allocations are very commonly used in partnership agreements. For this reason, Investors and managers should understand the basics of PIP allocations and whether and when they should be used… more

On September 4, 2024, the California Privacy Protection Agency ("CPPA") announced that it issued an Enforcement Advisory ("Advisory") providing guidance on how to avoid using prohibited "Dark Patterns" to obtain consent from consumers… more

The number of lawyers sanctioned for citing fake cases or quotes created by Generative Artificial Intelligence tools continues to grow. Earlier this summer, U.S. District Judge Thomas Cullen ordered counsel to show cause as to why she… more

On September 4, 2024, the United States District Court for the Eastern District of Pennsylvania denied D. Allen Blankenship’s challenge to enjoin the Financial Industry Regulatory Authority’s (FINRA) disciplinary action against him… more

Employers have been following legal challenges to the U.S. Department of Labor’s second round of increases to the minimum salary that must be paid to meet the requirements of the Fair Labor Standards Act’s white collar overtime and… more

On September 5, 2024, the Supreme Court of Ohio issued a ruling addressing the application of the same-juror rule in negligence cases in Hild v. Samaritan Health Partners, deciding whether the defendant-hospital was negligent in its… more

A bill that would enable schools, shopping centers, and landlords of multi-unit residential buildings to use the electricity they collect with their own rooftop solar systems has passed the California Legislature… more

As cybersecurity threats continue to evolve, the sports industry faces unique challenges in safeguarding its data, athletes, and events. During a recent panel discussion at the Aspen Cyber Summit, Reynold Hoover, CEO of the 2028 Los… more

When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee if there… more

September 19, 2024- The Federal Reserve Bank of New York’s Open Market Trading Desk issued a statement announcing it intends to conduct a small value term repo operation with Primary Dealers… more

On September 12, 2024, the Department of the Treasury (the “Treasury”) and the Internal Revenue Service (the “IRS”) issued long-awaited proposed regulations (89 FR 75062) (the “Proposed Regulations”) on the application of the corporate… more

Last week, the Department of Education released a resource* for educational institutions regarding the application of the 2024 Title IX Regulations related to pregnancy or related conditions and parental, family, or marital status as… more

The SEC’s recent settlement with Deere & Company for $9.9 million for FCPA violations is another textbook example of bribery schemes, which revealed the absence of a culture of compliance, and the circumvention of basic entertainment… more

A few months’ back, the TMCA wrote about a copyright dispute between the campaign committee of former Iowa Congressman Steve King and Laney Griner, the owner of the photograph used in the popular “Success Kid” meme. The Eighth Circuit… more

The Congressional Research Service (“CRS”) issued a September 16th report titled: Preliminary Data on the IRA Energy Efficient Home Improvement Credit (“Report”). CRS serves as shared staff to Congressional Committees and… more

Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of September 9, 2024 – September 13, 2024… more

A group of 24 Republican AGs submitted comments urging the EPA to deny California’s request for a preemption waiver for its Advanced Clean Fleets Regulation, which requires certain vehicle fleets to incorporate zero-emitting vehicles… more

Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on..… more

On September 3, 2024, Senator Elizabeth Warren (D-MA) sent a letter to the Internal Revenue Service (the “IRS”) urging it to “increase enforcement scrutiny of REITs, especially large health and hospitality REITs that may be illegally… more

Before a local government can build a new town hall building or upgrade its water and sewer infrastructure using federal funds, it needs to navigate a complex maze of federal procurement requirements… more

After ten years of litigation, the Federal Circuit found that the district court conducted an improper collateral estoppel analysis and upheld ParkerVision’s position on each of the appealed issues. Background - In 2011… more

This fall, California voters will decide whether the state should continue prohibiting cities and counties from enacting or expanding rent control. If they vote “yes” in November, San Francisco could be ready to extend the caps to many… more

For nearly two years, Washington employers with 15 or more employees have been required to disclose within job postings a salary range or wage scale, any other discretionary or nondiscretionary compensation, and a general description… more

Down round financings recently reached their highest levels in 15 years, leaving investors, growth-stage companies, and other venture capital market participants searching for guidance and clarity. Jones Day partners Tim Curry, Taylor… more

On September 19, 2024, Insurance Agency Marketing Services (“IAMS”) filed a notice of data breach with the Attorney General of Texas after discovering that an unauthorized party accessed—and may have acquired—confidential information… more

On September 9, 2024, the U.S. Securities and Exchange Commission (SEC) announced that it settled charges against seven public companies for alleged violations of Securities Exchange Act Rule 21F-17. According to the SEC, these… more

The California legislature continues to press forward with the implementation of two of the state's sweeping climate disclosure laws after a proposal to delay the implementation dates by the governor failed to be considered by the… more

A federal District Judge for the Northern District of Georgia, Victoria Marie Calvert, awarded a default judgment to the CFPB against USASF, a car loan servicer of loans originated by U.S. Auto Sales Inc., a buy-here, pay-here… more

There must be something in the water or the plaintiff’s bar just had a conference where the keynote speaker addressed strategies for putting pressure on insurers by issuing time-limited demands (“TLD”) because we have been asked by… more

On July 18, 2024, the Internal Revenue Service (IRS) issued final regulations updating the required minimum distribution (RMD) rules. The final regulations reflect changes made by the Setting Every Community Up for Retirement… more

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we start off with a look at the situation in Nebraska surrounding their cannabis ballot initiatives. Then we take a… more

In July, the full U.S. Court of Appeals for the Fifth Circuit found the FCC’s Universal Service Fund (USF) to violate the Constitution in several ways. This decision reversed an earlier decision by a panel of the court upholding the… more

Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed legislative reforms were passed by both Houses of Parliament in September 2024. As discussed in our previous… more

Businesses selling intoxicating hemp products in New Jersey without a cannabis license could soon face significant fines. Governor Phil Murphy signed Senate Bill No. 3235 on Sept. 12, 2024, regulating intoxicating hemp products under… more

In the realm of mergers and acquisitions (M&A), due diligence is a critical phase where a buyer’s acquisition team assesses potential risks and opportunities before finalizing the terms of an agreement to purchase its target company… more

Today's post is a digression into Roman history and etymology, two of my long-time interests… more

What key patent considerations should one be aware of in view of trends toward nearshoring in the Americas? Learn that and more in this podcast with Procopio Patent Prosecution Partner Ernest Huang joined by two other experts. Topics… more

SBA Proposed Changes to 8(a) Program Impacts Applicants and Participants - As PilieroMazza noted recently here, the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors… more

Kalshi is a CFTC registered exchange that allows for the placing of cash bets on a variety of real-world events. Specifically, through what it calls “event contracts,” Kalshi allows users to buy positions on whether an event will or… more

The CFPB issued guidance, titled Improper Overdraft Opt-In Practices, addressing whether a financial institution violates the law if it levies overdraft fees for ATM and one-time debit card transactions based on phantom opt-ins—through… more

On September 18, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a set of frequently asked questions (FAQs) providing guidance on applying Regulation Z requirements to Pay-in-Four Buy Now, Pay Later (BNPL) products… more

On September 19, 2024, Johnson & Wales University (“JWU”) filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party accessed its computer network. In this notice, JWU explains that… more

The CFPB has scheduled two sessions to provide a preview of its nonbank enforcement order registry. The virtual-only discussions are scheduled for September 30 and October 9. Both sessions will feature the same content… more

In our recent alert Loan Origination Under AIFMD2: A Guide, on loan origination under the revised Alternative Investment Fund Managers Directive (AIFMD2), we noted that the European Securities and Markets Authority (ESMA) would be… more

Following the U.S. Securities and Exchange Commission ("SEC")'s adoption of the climate-related disclosure rules on March 6, 2024, dozens of parties filed petitions for review across different appellate courts. The Judicial Panel on… more

Recently, the Federal Circuit affirmed a PTAB decision finding that a private sale of a product did not constitute a public disclosure by the inventor of the product. The Leahy-Smith America Invents Act provides exceptions for certain… more

A new digital VAT registration tool has been launched by HMRC that can be used to help businesses work out the effects of registering for VAT. The launch of the tool known as the VAT Registration Estimator came about following… more

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA only… more

Philadelphia Mayor Cherelle Parker announced via social media that her administration has reached an agreement with the Philadelphia 76ers over their proposed Center City arena. City Councilmember Mark Squilla (District 1), who… more

The U.S. District Court for the District of Columbia recently found, in what it described as a “question of first impression,” that Section 5(b)(3) of the Toxic Substances Control Act (TSCA), a provision requiring public disclosure of… more

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to participate recently on a panel at the BBB National Program’s National Advertising Division’s 2024… more

Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of an… more

The British Virgin Islands (the BVI), along with most other major offshore jurisdictions, has introduced “economic substance” requirements for entities carrying on certain specified activities. This economic substance regime requires… more

New Jersey could be the next state to enact a pay transparency law – which means employers should have an action plan ready for compliance. New Jersey already has one of the most robust pay equity laws in the country, and a bill that… more

On August 31, the California legislature adopted AB 98. Governor Newsom has until September 30, 2024, to sign or veto AB 98. If the bill becomes law, it will have impacts on all warehouse developments, regardless of whether there are… more

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to play it both… more