Boeing is not the first company to find itself amid a massive scandal. You can think of Siemens’ bribery and corruption scandal, the VW emissions-testing scandal, the Wells Fargo fraudulent accounts scandal, or any other myriad of… more

In state law news, the West Virginia legislature is considering two new telemarketing bills, while a new law has taken effect in Maryland… more

This week, the Massachusetts Supreme Judicial Court (SJC) reviewed a lower court’s dismissal of gun-related indictments against Richard Dilworth, Jr., related to the state’s refusal to disclose the bitmojis and usernames it used to… more

In a landmark decision, the U.S. Supreme Court confirmed that “[t]he Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” See Warner Chappell… more

On May 7, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) again issued guidance in the form of a Dear Colleague Letter (DCL) to educational institutions discussing how Title VI of the Civil Rights Act of 1964… more

On April 30, 2024, the US Federal Trade Commission (“FTC”) announced that it had sent “warning letters” to 10 branded pharmaceutical manufacturers, alleging that the companies had made “improper or inaccurate listing of patents” in the… more

Part one in a series of four article about adopting and implementing experience management process and systems within your law firm… more

The Federal Trade Commission (FTC) has assumed the authority to enforce unauthorized data disclosures under the Federal Trade Commission Act (FTC Act). During the past three weeks, the FTC has used this authority to go after healthcare… more

On April 23, 2024, the Department of Labor published revised Regulations governing the exemptions from entitlement to overtime for salaried employees. The minimum dollar amount of compensation required for exempt status increases to… more

El Ministerio del Trabajo de Colombia el 29 de abril de 2024, expidió el Decreto 533 de 2024 por medio del cual sustituyó la Sección 10 del Capítulo 1 del Título 6 de la Parte 2 del Libro 2 del Decreto 1072 de 2015, Único Reglamentario… more

Fourth Circuit decision highlights the wide discretion federal district courts have to manage their calendars. The timing of litigation in federal courts is case-specific and hard to predict, but data from North Carolina federal courts… more

The Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) in Mexico, on May 6, 2024, published on the web portal of the National Commission for Regulatory Improvement (Comisión Nacional de Mejora Regulatoria or CONAMER)… more

A Missouri federal court judge found that a plaintiff did not have standing to bring a claim under the Telephone Consumer Protection Act’s (TCPA) Internal Do Not Call (IDNC) regulations because the plaintiff had not first asked to be… more

Energy is the cornerstone of our society and its availability, or lack thereof, touches every corner of our lives and impacts every business, regardless of sector. The availability of affordable energy on-demand is essential to the… more

FTC final rule banning noncompetes grandfathers existing agreements for senior execs - The FTC voted 3-2 in favor of the final rule, which bans noncompete clauses in employee contracts in most cases. While the rule would cover most… more

In response to the direction issued on March 19, 2024, by the Board of Supervisors of Fairfax County, Virginia, the county's Department of Planning and Development recently released proposed text for a zoning ordinance amendment to… more

On May 9, 2024, reports began to emerge discussing a data breach at the Dental Group of Amarillo (“DGA”). Evidently, in statements about the breach, DGA explained that the incident resulted in an unauthorized party being able to access… more

The buzzword of “artificial intelligence” (AI) is everywhere. And in the legal industry, it’s being touted as the breakthrough we’ve been waiting for to revolutionize how legal research and discovery are performed… more

Rapid advancement in life sciences technologies has made keeping up with the legal implications more important than ever. Join the Berkeley Center for Law and Technology for the 2nd BCLT Advanced Life Sciences Institute, where you will… more

A West Virginia law introduced as the "Save Women's Sports Act," which banned transgender athletes from competing on girls' and women's sports teams, was recently struck down by the Fourth Circuit Court of Appeals… more

In some instances, even after an individual is deemed incapacitated and a guardian is appointed, an application may be subsequently filed by the incapacitated person to either terminate the guardianship or to reduce the scope of the… more

In Pennsylvania, House Bill 917 has been signed by the Governor and establishes the Uniform Family Law Arbitration Act (UFLAA). The Act provides families with an alternative to litigation in Court which is financially economical, more… more

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