Companies with B2C or B2B recurring payment programs that include negative option terms should review their disclosure, consent, and cancellation practices to ensure compliance with the rule....more
5/9/2025
/ Auto-Renewal ,
Automatic Renewals ,
B2B Transactions ,
Compliance ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Negative Option Rule ,
Regulatory Requirements ,
Subscription Services ,
Unfair or Deceptive Trade Practices
The Staff stated that most meme coins are not subject to federal securities laws or SEC fraud enforcement; who will oversee meme coins remains an open question.
On February 27, 2025, the Securities and Exchange...more
3/12/2025
/ CFTC ,
Consumer Protection Laws ,
Cryptoassets ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Investors ,
Non-Fungible Tokens (NFTs) ,
NYDFS ,
Regulatory Oversight ,
Retail Investors ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Token Sales
The rule impacts both B2B and B2C subscription autorenewals and other negative option programs; however, significant legal challenges could impact the rule’s implementation....more
1/16/2025
/ B2B Transactions ,
B2C ,
Compliance ,
Consumer Contracts ,
Consumer Financial Products ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Regulatory Agenda ,
Regulatory Requirements ,
Subscription Services ,
Unfair or Deceptive Trade Practices
On October 24, 2024, the Office of Financial Innovation (OFI) of the Financial Industry Regulatory Authority, Inc. (FINRA) published “The Metaverse and the Implications for the Securities Industry” (the Report)....more
Companies offering automatic renewal or continuous service terms to consumers subject to California law should review their consent, notice, and cancellation practices.
On September 24, 2024, California Governor Gavin...more
In its third action involving NFTs, the SEC targets a restaurant membership token tied to fundraising and promises of potential price appreciation for buyers....more
9/23/2024
/ Cease and Desist Orders ,
Corporate Counsel ,
Cryptoassets ,
Enforcement Actions ,
Howey ,
Investment Contract ,
Marketing ,
Membership Interest ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Token Sales ,
Unregistered Securities
Companies selling or leasing consumer goods or services should be alert to a recent rash of lawsuits targeting terms of service provisions.
A recent spate of class action lawsuits brought under California Civil Code...more
The Order marks an ambitious effort to stand up a whole-of-government approach to encouraging the benefits and managing the risks of artificial intelligence, with many of its most significant private-sector implications...more
11/6/2023
/ Artificial Intelligence ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Covered Entities ,
Defense Production Act ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
HUD ,
National Security ,
NIST ,
Private Sector ,
Public Agencies ,
Public Sector ,
Regulatory Agenda ,
Regulatory Oversight ,
Risk Management ,
U.S. Commerce Department
In its second action involving NFTs, the SEC targets an offering tied to fundraising and promises of future value.
On September 13, 2023, the Securities and Exchange Commission (SEC) issued a cease-and-desist order (the...more
In its first enforcement action involving NFTs, the SEC focused on issuer marketing that promised outsized returns on investment and platform building. On August 28, 2023, the Securities and Exchange Commission (SEC) issued a...more
8/31/2023
/ Cease and Desist ,
Civil Monetary Penalty ,
Disgorgement ,
Enforcement Actions ,
Misrepresentation ,
Non-Fungible Tokens (NFTs) ,
Securities ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Unregistered Securities
As content-based NFT projects seek to provide NFT owners with value beyond being scarce collectibles, they should consider whether to grant owners rights to commercialize the content underlying the NFTs.
As the ecosystem...more
Ethereum’s transition to proof of stake presents opportunities and pitfalls for certain digital assets and tokens built on the network.
After years of development, the Ethereum blockchain appears poised to make its...more
Due diligence on restaurant companies should factor in industry-specific legal and operational risks.
Buyers acquire restaurant companies to access new brands, expand and diversify, or vertically integrate. Attractive...more
8/17/2022
/ Acquisitions ,
Business Licenses ,
Contract Terms ,
Cybersecurity ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Food Safety ,
Franchise Agreements ,
Franchises ,
Liquor Licences ,
Mergers ,
Restaurant Industry ,
Suppliers ,
Wage and Hour
NFT creators should craft strategies to avoid minting or auctioning NFTs that use the likeness of an individual without their consent. As non-fungible tokens (NFTs) increase in popularity, the so-called common law “right of...more
8/16/2021
/ Art ,
Artists ,
Athletes ,
Blockchain ,
CA Supreme Court ,
Celebrities ,
Civil Liability ,
Damages ,
Equitable Relief ,
Ethereum ,
First Amendment ,
Name and Likeness ,
Non-Fungible Tokens (NFTs) ,
Photographs ,
Popular ,
Public Figures ,
Right of Publicity ,
Transformative Use
Latham & Watkins lawyers discuss the emerging technology of non-fungible tokens (NFTs), including how they function and their various legal implications in the US, UK, and APAC.
Topics:
• Understanding NFTs and their...more
8/2/2021
/ Asia Pacific ,
Bank Secrecy Act ,
BitLicense ,
Copyright ,
Copyright Ownership ,
Digital Assets ,
Digital Media ,
Intellectual Property Protection ,
IP License ,
License Agreements ,
Money Transmitter ,
Non-Fungible Tokens (NFTs) ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
UK ,
Virtual Currency
As the market heats up for art-related NFTs, buyers should be aware of limitations on their rights to use those works. The convergence of blockchain technology and creative intellectual property (IP) through a non-fungible...more
The decision provides some additional, though limited protection for licensees of trademarks in bankruptcy proceedings.
Introduction -
In In re Tempnology LLC,1 the Bankruptcy Appellate Panel (the BAP) for the...more
The State of California, long the most proactive U.S. state in enacting data privacy laws, has again modified its breach notification and data protection laws. This week, Governor Jerry Brown signed two privacy bills into...more