Cease and Desist

News & Analysis as of

ITC Says the Importation of Digital Data Can Constitute Importation of a Patent-Infringing Product

On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more

Got a cease and desist letter from a patent troll? Do your homework

In my last post, I detailed some of the first steps you should take if you ever receive a cease and desist letter from a claimed patent owner. (Most important among my tips: Don’t ignore the letter!)...more

I got a cease and desist letter. Now what?

For those familiar with patent litigation, the receipt of a patent “cease and desist” letter is the trigger for a series of unfortunate events in a familiar chain. For those unfamiliar with patent litigation, however, a...more

SEC Brings Charges Against SEC Registered Investment Adviser for Improperly Allocating Expenses and Other Violations of the...

On February 25, 2014 the Securities and Exchange Commission (the “SEC”) filed public administrative and cease-and-desist proceedings against Arizona-based Clean Energy Capital, LLC (a registered investment adviser, “CEC”) and...more

SEC Sanctions Adviser for Failing to Inform ERISA Clients of Improper Investment Allocation

The Securities and Exchange Commission sanctioned an investment adviser for allowing some of its ERISA plan clients to invest in private placements, even though the issuer specifically restricted investments by ERISA plans. ...more

Battles Over Demand Letters: Lessons From 'The F Word'

When life gives you lemons, make lemonade. When a big corporation sends you a cease-and-desist letter, make … ale? This is what Jeff Britton, owner of Exit 6 Pub and Brewery in Cottleville, Mo., chose to do after he...more

Coffee is for Closers, Not for Brewers

When life gives you a cease and desist letter, make lemonade. Or, depending on your profession, maybe some beer. That’s what Jeff Britton, owner of the Exit 6 Pub and Brewery in Cottleville, Missouri chose to do after...more

Federal, State Authorities Announce Coordinated Economic Sanctions Enforcement Actions Against Foreign Bank

On December 11, the Federal Reserve Board, the Treasury Department’s Office of Foreign Assets and Controls (OFAC), and the New York Department of Financial Services (DFS) announced that a foreign bank agreed to pay $100...more

SEC Charges Adviser and Portfolio Manager with Misrepresentations to Money Market Fund Board and Rule 2a-7 Violations

The SEC issued an Order (the “Order”) instituting administrative and cease-and-desist proceedings against Ambassador Capital Management, LLC (the “Adviser”) and the portfolio manager (the “Portfolio Manager”) for a prime...more

Dodd-Frank News: November 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Update

In This Issue: - Recent Cases ..Dodd-Frank Prohibition on Arbitration ..Statutory Damages Under TILA ..Preemption ..Declaratory Relief ..HAMP Claims ..Constitutional Challenge to...more

New York City Brings Enforcement Action against National Debt Collector

The New York City Department of Consumer Affairs (DCA) recently filed an enforcement action to enjoin National Credit Adjusters, LLC, a national debt collector, from collecting debts in the City. The DCA had rejected the...more

Scanner Patent Troll Update: Titans Finally Enter the Battle

If you are like thousands of small American businesses, you might have received a dubious “cease and desist” letter during recent months from an LLC with an odd name. The LLC’s name has six letters, the first and fourth of...more

Activision TV: District Court Expresses Concern over Nebraska Attorney General's Cease and Desist Order and Grants Preliminary...

In the ongoing battle between Activision TV, Inc. ("Activision") and the Attorney General for the State of Nebraska, Activision filed a preliminary injunction motion seeking to bar the Attorney General from enforcing a cease...more

CFPB issues interim final rule on temporary C&Ds

The CFPB has issued an interim final rule with a request for public comment on its new rules of practice for the issuance of temporary cease-and-desist orders (“Temporary C&Ds”). The Bureau is authorized to issue Temporary...more

Germany: Google not held liable for link to website with allegedly defamatory content

On 5 September 2013 the District Court in Mönchengladbach rejected the claim brought by a history professor (plaintiff) against Google (defendant). The plaintiff’s claim for cease and desist targeted at the deletion of a link...more

New York Seeks To Halt Online Payday Loans, Collections; Federal Agencies Issue Subpoenas

On August 6, the New York Department of Financial Services (DFS) sent letters to 35 online lenders, including lenders affiliated with Native American Tribes, demanding that they cease and desist offering allegedly illegal...more

AEIOU $3.5 Million Dollars

Vowels matter. Or don’t matter in the case of World Marketing, Inc. v. Quiksilver, Inc. in the Central District of California. World Marketing sent a cease and desist letter to Quiksilver based upon its rights in the mark...more

West Clark Community Schools Cease and Desist Order— SEC Enforcement of Rule 15c2-12

On July 29, 2013, the SEC entered a pair of Cease and Desist Orders against West Clark Community Schools (the “School District”) and Citi Securities, the underwriter of certain municipal bonds issued by the School District...more

One Man’s Trash Is Another Transit Authority’s Trademark

A while back, I discussed the New York State Department of Development’s enforcement efforts to prevent others from using the I?NY logo. It looks like the West Coast may have learned something from the East Coast, as San...more

Bitcoin Receives Cease and Desist Order Evidencing Increased Regulatory Scrutiny of Virtual Currency

On May 30, 2013, the California Department of Financial Institutions (“CADFI”) issued a cease and desist letter to Bitcoin Foundation, a not-for-profit organization established to standardize, protect, and promote the use and...more

Take 5 Newsletter: Restrictive Covenants, Federal Trade Secret Enforcement Initiative, Uniform Trade Secrets Act, Liability for...

In the area of trade secrets and non-compete law, there continue to be notable developments at the state and federal levels. Here are five recent ones. ...more

I Am… Other — How Trademark Owners Can Avoid Declaratory Judgments Actions

Singer-songwriter Pharrell Williams recently filed a declaratory judgment suit in the Southern District of New York against will.i.am of the music group The Black Eyed Peas. will.i.am owns the trademarks I AM and WILL.I.AM...more

Total S.A. to Pay $398.2M to Settle Alleged FCPA Violations

On May 29, 2013, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) announced agreements with Total S.A. (Total) to settle alleged Foreign Corrupt Practices Act (FCPA or the Act) violations for a...more

Total Switches To Settle Rather Than Fight

For anyone who grew up in the 1960s, I am sure that you remember the touchstone slogan for Tareyton cigarettes, “I’d rather fight than switch”. ...more

Nutty News: Dear Biggest Fan, Here’s a Cease-and-Desist Letter

You have to be one big fan of a company or product to establish a World {What-You-Cannot-Live-Without} Day. Well, a sticky situation with the well-known hazelnut spread Nutella may have you rethinking your public affection....more

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