On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions… more

Hyperlinked files within electronic communications pose three significant challenges in ediscovery that had been previously unanswered by a thorough judicial analysis: 1) whether a hyperlinked file is an “attachment” that must be… more

On April 26, 2024, Forefront Dermatology d/b/a/ Premier Dermatology filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that information in the company’s… more

On May 6, 2024, Brazil’s National Agency of Waterway Transportation (“ANTAQ”) launched Public Consultation No. 08/2024, seeking feedback on the new mechanisms for re-establishing an economic and financial balance of concession… more

Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for unpaid… more

In the latest surge of lawsuits against retailers for embedding tracking technology into websites, yummy cookie company Crumbl was sued on May 1, 2024, for allegedly embedding web-tracking technology allowing third-party processing… more

A federal court in Texas has denied an individual owner’s motion to dismiss for lack of personal jurisdiction despite the fact that he had not signed the relevant franchise agreement or corporate guaranty in his individual capacity… more

On April 24, 2024, the U.S. Treasury Department and the Internal Revenue Service released final regulations (the “Final Regulations”) regarding when REITs and certain regulated investment companies investing primarily in securities of… more

​​​​​​​On May 6, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it filed a complaint ​and two proposed stipulated final judgments to resolve its claims against the National Collegiate Student Loan Trusts (the… more

The U.S. Supreme Court issued a decision this week, finding that the 3-year statute of limitations for claims under the Copyright Act does not limit recovery of damages to three years prior to the filing of the lawsuit. The case… more

Demand for tokenized real-world assets (RWAs) is rapidly growing across the decentralized finance (DeFi) community, with growing interest among existing crypto-native participants and across the traditional finance industry generally… more

On May 3, 2024, Redwood Coast Regional Center (“RCRC”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering unauthorized activity within its computer network. In… more

In an evolving (and somewhat disjointed) process, FinCEN has been providing guidance to persons and entities that are responsible for filing required beneficial ownership information (“BOI”) reports to FinCEN, as well as to “beneficial… more

In today's digital landscape, the exchange of personal information has become ubiquitous, often without consumers fully comprehending the extent of its implications. The recent actions undertaken by the Federal Trade Commission (FTC)… more

Key Points - On Thursday, April 25, the FCC voted 3–2 to reinstate the Commission’s net neutrality framework by reclassifying broadband Internet access service as a Telecommunications Service, which is regulated under Title II of the… more

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on satisfying the economic prong of the domestic industry requirement at the International Trade Commission in Zircon Corp. v… more

Last week, the CFTC updated its large trader position reporting rules for futures and options. First proposed in June 2023, this much-needed change modernizes a rule that had gone largely unchanged since the 1980s… more

Obviousness Analysis Does Not Consider Unclaimed Limitations - In Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals Usa, Inc., Appeal No. 22-1258, the Federal Circuit held that district court erred by adding unclaimed limitations… more

On May 1, 2024, the State Department’s Directorate of Defense Trade Controls (DDTC) published a proposed rule to amend the International Traffic in Arms Regulations (ITAR) to reduce export authorization requirements for defense… more

The recent rise in generative artificial intelligence (AI) models has granted powerful tools to the public that enable the creation of realistic, yet fake, images, sounds, and videos.  Though more than six months remain until the U.S… more

The case, Miller v. Polk, No. A24A0404, was recently heard by the Georgia Court of Appeals. [As of April 11, TK, the case was still pending.]  Miller is a medical malpractice case involving the death of a patient who died while being… more

Good afternoon! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings..… more

Jurisdiction: Court of Appeals of Iowa - We previously reported on this matter involving the decedent, Charles Beverage, who was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s… more

Effective May 1, 2024, companies must face new artificial intelligence (AI) disclosure requirements in Utah. The Utah AI Policy Act (AI Act) amends the Utah Consumer Privacy Act (UCPA) and Utah Consumer Sales Practices Act (UCSPA) to… more

On the final day of April 2024, a week and a half after Earth Day, the Biden-Harris Administration announced that the White House Council on Environmental Quality (CEQ) finalized a rule intended to simplify and modernize the federal… more

In advance of a new trial to determine damages for patent infringement, a district court denied plaintiff’s motion to preclude defendants from introducing the terms of plaintiff’s settlement offers. The district court concluded that… more

On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious (affirmative… more

After much anticipation, the Environmental Protection Agency issued its final rule this week aimed at cutting methane emissions as well as strengthening and updating greenhouse gas emissions (GHG) reporting for the oil and gas… more

The district court in a patent infringement case granted plaintiff’s ex parte request to strike defendant’s prior use defense under 35 U.S.C. § 273. Because defendant failed to plead the defense and did not raise it until just prior to… more

Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act… more

On May 6, 2024, the Supreme Court of California held that when an employer “reasonably and in good faith” believes it complied with California’s legal requirement to provide accurate wage statements and it does not, the employer does… more

Wednesday saw the release of CA Attorney General Bob Bonta’s long-awaited FAQs on the California “junk fee” ban, now rebranded as the “Honest Pricing Law” or “Hidden Fees Statute.” The FAQs largely reiterate the very straightforward… more

The Biden administration's Department of Education has finally released the much-anticipated final rule (the "Final Rule") amending the regulations for Title IX, which prohibits sex discrimination and harassment in education programs… more

Maryland Governor Wes Moore signed the Maryland Online Data Privacy Act of 2024 (MODPA) into law on May 9, 2024. This new law establishes transparency, assessment, and consumer rights requirements for organizations that fall within its… more

On April 24, 2024, Winstead’s Labor & Employment team reported that—after much anticipation— the FTC issued its final rule banning noncompete agreements nationwide. In our initial post, we noted that the final rule had yet to be… more

On Thursday, May 9, the U.S. Supreme Court ruled that plaintiffs in copyright litigation no longer are bound by a three-year statute of limitations for bringing a claim to recover damages… more

On May 8, 2024, Bridgeway Center, Inc. (“Bridgeway”) filed a notice of data breach with the Attorney General of Maine after discovering that an unauthorized party was able to access its computer network. In this notice, Bridgeway… more

Some employees who are being fired or laid off from their jobs have started to record the conversations with their managers or human resources representatives and post it on social media platforms like TikTok, Instagram, or X (formerly… more

The newest health care entity to be hit by a cyberattack is Ascension Health, which operates 140 hospitals and 40 assisted living facilities in 19 states. Ascension confirmed that it has been hit by a cybersecurity attack and that the… more

Department of Justice (DOJ) Deputy Attorney General Lisa Monaco announced that the DOJ is adopting a whistleblower incentive program today at the American Bar Association’s 39th National Institute on White Collar Crime. In announcing… more

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical Leave Act… more

A New Jersey appellate court, reversing a summary judgment decision, recently held that the New Jersey Coalition of Automotive Retailers, Inc. (the Coalition) had associational standing to bring an action against Ford Motor Company for… more

As we previously reported, the Judicial Panel on Multidistrict Litigation recently granted Regeneron Pharmaceutical’s (“Regeneron”) motion to establish a multi-district litigation (“MDL”) for its aflibercept BPCIA litigation… more

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms about their… more

What is the latest position on the Energy Performance of Buildings Directive (EPBD)? How will different EU member states implement the new regime? How is the UK grappling with the need to improve energy performance across the built… more

In mid-April, the U.S. Departments of Commerce and State took a series of related actions to support implementation of the Australia, UK, and U.S. Trilateral Security Partnership. On April 19, 2024, BIS issued an Interim Final Rule to… more

On May 7, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with a financial technology company, resolving allegations that the company committed unfair acts or practices in… more

On May 8, 2024, the California Attorney General’s Office released much needed and highly anticipated guidance on steps companies in California will need to take to ensure compliance with SB 478, California’s prohibition on “drip… more

Today, the Supreme Court of the United States issued two opinions: Culley v. Marshall, No. 22-585: This case addresses the due process rights that apply to civil forfeiture proceedings. Petitioners in this case each loaned their… more

In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have adopted a… more

The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC highlights the strategic and technical aspects involved in registering a color… more

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end of the… more

This week, police and outreach workers cleared a homeless encampment on Kensington Avenue. City Councilmember Quetcy Lozada (District 7), who represents a large section of Kensington, views the action as just the beginning of… more

A federal court in New Jersey recently granted a franchisor’s motion for a preliminary injunction, enjoining the former franchisee from using the franchisor’s marks and violating the franchise agreement’s noncompete clause, as narrowed… more

On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published new guidance clarifying employers’ obligations under federal labor laws as they pertain to use of automated systems and artificial… more

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment, effective immediately. Guidance on this topic had not been updated since 1999. The EEOC received nearly… more

A group of 18 Republican AGs sent a letter to the Department of Energy (DOE) voicing their concern over the Department’s Energy Conservation Program: Energy Conservation Standards for Refrigerators, Refrigerator-Freezers, and Freezers;… more

In response to increases in discrimination complaints, the Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or… more