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EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 4, 2024, and EDRM is grateful to Tom Paskowitz of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the author.]...more

DLA Piper

Industrials Regulatory News and Trends - December 2024

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In late November, the United States Court of Appeals for the Sixth Circuit decertified 10 class actions that had accused Nissan of selling cars and SUVs with defective automatic emergency braking systems. The court found it...more

Ballard Spahr LLP

Fifth Circuit Rejects OFAC Designation of Tornado Cash Immutable Smart Contracts

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In a closely watched and complicated case, Van Loon et al. v. Dep’t of the Treasury et al., the U.S. Court of Appeals for the Fifth Circuit ruled that the Office of Foreign Assets Control (“OFAC”) cannot sanction Tornado...more

K&L Gates LLP

Australia: AI and Your Obligations as an Australian Financial Services Licensee

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As Artificial intelligence (AI) continues to be adopted and used by Australian Financial Services (AFS) licensees broadly, it has become increasingly evident that many licensees’ deployment of AI falls short of their existing...more

BCLP

Data and Cybersecurity: European Union Legislation and Proposals - Updated December 2024

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The pace of new EU law continues unabated, with IoT, cyber security and digital services being key areas of activity....more

BCLP

What is the Impact of the EU's new Network and Information Systems Directive for Businesses?

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Forming part of the EU’s broader digital and cyber security strategy, the new Network and Information Systems Directive 2022/2555 (NIS2) came into effect on 18 October 2024 (this being the deadline by which the directive is...more

Holland & Knight LLP

Latest Collusion-by-Algorithm Ruling Offers More of Same, but a Significant New Twist

Holland & Knight LLP on

Starting in October 2022, companies that use software to assist in setting prices for their products have faced an avalanche of litigation claiming that the common use by competitors of the same pricing software inflates...more

Moore & Van Allen PLLC

THE DESK: MVA’s Swaps and Derivatives Newsletter - December 2024

Moore & Van Allen PLLC on

With the CFTC still in the early stages of its fiscal year, in the month of November, we did not see a lot of action by way of publicly-released enforcement actions from the CFTC or enforcement-related public statements from...more

Sheppard Mullin Richter & Hampton LLP

Antitrust During Trump 2.0: It’s Complicated

What antitrust enforcement will look like during a second Trump administration is, like antitrust law, complicated. Notions that Republicans are pro-business and therefore will take a laissez-faire approach to antitrust...more

Sheppard Mullin Richter & Hampton LLP

FDA Releases Long-Anticipated Guidance on Predetermined Change Control Plans for Devices That Utilize AI/ML Software

FDA’s primary challenge in regulating AI-enabled device software functions (“AI-DSF”) has been that the self-modifying nature of these functions simply does not fit within the Agency’s long-standing framework for medical...more

McDermott Will & Emery

New Year, New Fees: PTO Issues 2025 Fee Schedule

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) issued its final rule setting and adjusting patent fees that will take effect on January 19, 2025. 89 Fed. Reg. 91898 (Nov. 20, 2024). The final rule sets or adjusts 433 patent fees...more

BakerHostetler

Patent Legislation Watch: PTAB Reform Bill ‘PREVAIL[S]’ Out of Senate Judiciary Committee

BakerHostetler on

In a close 11-10 vote, a bipartisan majority of the U.S. Senate Judiciary Committee advanced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act out of committee....more

McDermott Will & Emery

Case Closed: OpenAI Prevails on Secondary Meaning

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous...more

McDermott Will & Emery

Post-Election Outlook: Issues to Watch for Pharmacy Industry Stakeholders

McDermott Will & Emery on

The 2024 election results will create significant tailwinds for Republican legislative and regulatory priorities in US Congress, federal agencies, and state houses across the country. This On the Subject considers the outlook...more

A&O Shearman

Basel Committee on Banking Supervision Finalizes Various Technical Amendments to the Basel Framework

A&O Shearman on

The Basel Committee on Banking Supervision has published a document on the finalization of various technical amendments to the Basel framework. The amendments relate to: (i) the definition of specialized lending in the...more

(ACOEL) | American College of Environmental...

A Buried Treasure Trove of NEPA Documents

Back in 2003, Michael Herz and I wrote an article calling for the creation of an online, word searchable database of environmental impact statements that had been prepared under the National Environmental Policy Act (NEPA)...more

Akin Gump Strauss Hauer & Feld LLP

EU Digital Services Act: Final Call to Respond to the Consultation on Access to Data From Very Large Online Platforms or Search...

The European Commission’s (EC) public consultation on the draft delegated act in relation to access by researches to data from providers of very large online platforms (VLOPs) and very large online search engines (VLOSEs)...more

Smart & Biggar

FCA sets aside PMPRB’s order that Galderma’s patent claiming 0.3% adapalene “pertained to” 0.1% adapalene DIFFERIN

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On December 3, 2024, the Federal Court of Appeal (FCA) set aside the order of the Patented Medicine Prices Review Board (PMPRB or Board) that had required Galderma to continue to provide information to the PMPRB in relation...more

Bricker Graydon LLP

Take 2: A Look at an Amended SB 29

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Despite being just a few months old, Senate Bill 29 (SB 29) – a significant piece of student data privacy legislation – will soon look quite different. On December 4, both the Ohio Senate and the Ohio House unanimously passed...more

Lighthouse

How AI Streamlines HSR Second Requests

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Summary: Second Requests, while challenging, are driving the adoption of cutting-edge AI technologies in legal document review. Discover how you can successfully utilize large language models (LLMs) and generative AI to...more

Akin Gump Strauss Hauer & Feld LLP

EU AI Act Targeted Stakeholders Consultation on Prohibitions and Definition of AI Systems

Until 11 December 2024, artificial intelligence (AI) stakeholders such as AI systems providers, businesses, national authorities, academia, research institutions and civil society are invited to provide feedback to the AI...more

Akin Gump Strauss Hauer & Feld LLP

FDA Announces Draft Guidance for Industry Regarding Accelerated Approval for Drugs and Biologics

On December 5, 2024, FDA unveiled the draft guidance for industry regarding accelerated approval for drugs and biologics. This guidance provides additional information regarding the development of drugs and biologics to treat...more

Wiley Rein LLP

CFPB Proposes to Expand Reach of Fair Credit Reporting Act to “Data Brokers” and Beyond

Wiley Rein LLP on

On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking (NPRM or Proposed Rule) that proposes to significantly expand the scope of the Fair Credit Reporting Act (FCRA) to...more

Osano

The Privacy Insider Podcast Episode 9: I Think, Therefore I Am: AI, Ethics, & Humanity With Dr. Michael Hemenway

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What does theology have to do with AI? A lot: Theological principles can guide values and ethics, and quite frankly, we need to be sure we have some around coexisting with AI. The ethical use of technology has always been a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2024

Key Points - - During its 2024 term, the U.S. Supreme Court is poised to provide important guidance on the Private Securities Litigation Reform Act’s (PSLRA’s) particularity requirement in NVIDIA Corp. v. E. Ohman J:or...more

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