Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more
3/15/2022
/ Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FinTech
On Thursday April 15th, the U.S. Department of Justice, on behalf of the Federal Trade Commission (“FTC”) filed a lawsuit in the U.S. District Court for the Eastern District of Missouri against chiropractor Eric A. Nepute and...more
As the nation emerges from the pandemic, clients face the double-whammy of delayed resolution of existing disputes (thanks to court shutdowns) and increased litigation activity across the board. The third quarter of 2020 saw...more
4/2/2021
/ Biometric Information ,
Biometric Information Privacy Act ,
Business Interruption ,
Commercial Bankruptcy ,
Commercial Litigation ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Data Privacy ,
Insurance Litigation ,
Landlords ,
Paycheck Protection Program (PPP) ,
Uniform Commercial Code (UCC)
The Consumer Financial Protection Bureau (CFPB or Bureau) announced on March 11, 2021 that it is rescinding its January 24, 2020 policy statement, “Statement of Policy Regarding Prohibition on Abusive Acts or Practices” (2020...more
The inauguration of President Biden on January 20, 2021, and the launch of a new executive administration, brought with it further extensions of the federal moratoria on conducting foreclosures of single-family residential...more
Just two weeks before the inauguration of President-elect Biden, and the launch of a new executive administration, the Consumer Financial Protection Bureau (CFPB or Bureau) Taskforce on Federal Consumer Financial Law...more
Seyfarth Synopsis: The Securities and Exchange Commission (“SEC”) adopted a new investor marketing rule to replace and modernize its current advertising and cash solicitation rules. Neither of these rules has been...more
On Thursday, December 17th, the Federal Trade Commission (FTC) announced that it was taking action against six companies selling CBD-based products. These companies faced administrative actions by the FTC for “making a wide...more
Seyfarth Synopsis: The Federal Deposit Insurance Corporation (“FDIC”) has issued a new rule codifying and clarifying its expectations for industrial banks and their parent companies to receive approval for federal deposit...more
On December 7, 2020, the Consumer Financial Protection Bureau (CFPB) along with attorneys general from all 50 states and the District of Columbia and bank regulators from 53 jurisdictions covering 48 states and Puerto Rico,...more
12/10/2020
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Financial Services Industry ,
Homeowners Protection Act ,
Mortgage Servicers ,
Mortgages ,
Nationstar ,
Non-Bank Lenders ,
RESPA ,
Settlement Agreements ,
Statutory Violations ,
Unfair or Deceptive Trade Practices
We previously reported that on April 20, 2020, the Commonwealth of Massachusetts enacted emergency legislation imposing moratoriums on certain evictions and foreclosures of primarily residential properties and some commercial...more
At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more
8/11/2020
/ Acquisitions ,
Brand ,
Breach of Contract ,
Business Model ,
Business Strategies ,
Business Valuations ,
Celebrity Endorsements ,
Confidential Information ,
Cosmetics ,
Distributors ,
Injunctions ,
Injunctive Relief ,
Intellectual Property Protection ,
Manufacturers ,
Marketing ,
Misappropriation ,
Partnerships ,
Proprietary Information ,
Suppliers ,
Trade Secrets ,
Unfair Competition ,
Uniform Trade Secrets Acts
As we previously reported, CBD company Healthcare Resources Management Group, LLC (Healthcare Resources) filed an action in the US District Court for the Southern District of Florida claiming trade secret misappropriation by...more
Hemp production, unlike much of the farming industry, has not declined due to COVID-19. Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19. In turn, FDA and FTC...more
5/27/2020
/ Advertising ,
Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Coronavirus/COVID-19 ,
Farms ,
Federal Aid ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Hemp ,
Marijuana ,
Regulatory Oversight ,
Supply and Demand ,
USDA
Long before COVID-19 affected retail companies had already started shifting to e-commerce platforms, marked by retail giants exclusively in the e-commerce space. ...more
5/12/2020
/ Advertising ,
Brick-and-Mortar Stores ,
Contests & Promotions ,
Critical Infrastructure Sectors ,
E-Commerce ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Made in the USA ,
Marketing ,
Product Pricing ,
Retail Market ,
Shipping
The U.S. Food and Drug Administration has permitted limited use of the antimalarial drugs hydroxychloroquine and chloroquine in the treatment of COVID-19 since issuing an Emergency Use Authorization for such drugs on March...more
COVID-19 has not only created red tape for us—sheltering-in-place, staying six feet away from others, wearing masks in public—but it also has created new red tape for lenders. Each day new federal and state legislation, as...more
4/15/2020
/ Breach of Contract ,
Capital Markets ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Debt Repurchasing ,
Debt Restructuring ,
Distressed Debt ,
Financial Services Industry ,
Force Majeure Clause ,
International Tax Issues ,
Lenders ,
Liability ,
New Legislation ,
State and Local Government ,
Tender Offers ,
Webinars
Last week, the Federal Trade Commission (“FTC”) and Food & Drug Administration (“FDA”) ramped up their enforcement letters since they first issued COVID-19 related warning letters a month ago. ...more
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was signed into law. Among other things, the CARES Act allows residential mortgage borrowers with federally-backed loans to obtain a...more
From severe shortages in medical masks and ventilation equipment worldwide to the curious “toilet paper desert” in America, COVID-19 is creating temporary and long-term disruptions in the availability of both highly...more
3/25/2020
/ Advertising ,
Consumer Protection Laws ,
Cosmetics ,
Departments of Commerce ,
Enforcement Actions ,
False Advertising ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Hemp ,
Influencers ,
Labeling ,
Pending Legislation ,
Personal Care Products ,
Supply Chain
As we previously reported, on February 18, 2020, Medterra CBD (“Medterra”) filed a motion to dismiss a lawsuit alleging that it had misappropriated Healthcare Resources Management Group LLC’s (“Healthcare Resources”)...more
CBD continues to flourish in the markets despite lack of federal regulations, and we’ve identified some significant events that indicate there’s no sign it’s stopping. ...more
3/12/2020
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Class Action ,
Dietary Supplements ,
Direct to Consumer Sales ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Hemp ,
Legislative Agendas ,
Manufacturers ,
Marijuana ,
Marijuana-Infused Edibles ,
Marketing ,
Medical Foods ,
Misleading Statements ,
Pain Management ,
Plant Based Products ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
Rulemaking Process ,
Statutory Violations ,
Stays ,
Title III
On February 18, 2020, Medterra CBD filed a motion to dismiss a lawsuit alleging that it had misappropriated Healthcare Resources Management Group LLC’s (“Healthcare Resource”) proprietary formula for a CBD cream aimed at...more
The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more
2/19/2020
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Comment Period ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Misrepresentation ,
Online Endorsements ,
Online Platforms ,
Public Comment ,
Social Media ,
Unfair or Deceptive Trade Practices ,
Websites
In its largest mass enforcement action involving cannabidiol (CBD) yet, the U.S. Food & Drug Administration (FDA) announced on November 25 the issuance of 15 warning letters to various companies for illegally selling products...more
12/4/2019
/ Animal Food ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Direct to Consumer Sales ,
Enforcement Actions ,
FDA Warning Letters ,
Food and Drug Administration (FDA) ,
GRAS ,
Health and Safety ,
Hemp ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Plant Based Products ,
Public Health ,
Regulatory Oversight ,
Retail Market ,
Retail Sales ,
Toxic Exposure