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When things are going well, insurance coverage, workers’ compensation and OSHA compliance may not be front-burner issues for companies. But in the COVID-19 environment, such “rainy day” topics are top of mind concerns of company…more
Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities
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Once a patent Applicant pays an issue fee after receiving a notice of allowance from the U.S. Patent and Trademark Office (USPTO), an issue notification follows shortly thereafter. The issue notification provides the Applicant…more
Administrative Procedure, Patent Applications, Patents, USPTO
In a recent decision, the Georgia Supreme Court reaffirmed that under Georgia law, when an out-of-state corporation registers with the Georgia Secretary of State to conduct business in Georgia, it consents to general personal…more
DaimlerAG, Foreign Corporations, GA Supreme Court, Personal Jurisdiction, Petition for Writ of Certiorari
This is the second article in a series exploring what our Title IX team has learned in the year following the implementation of the 2020 Title IX regulations. Since the new Title IX regulations were released in May of 2020,…more
Administrative Hearings, Colleges, Educational Institutions, Evidentiary Hearings, Gender-Based Violence
Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers,…more
Acquisitions, Antitrust Division, Antitrust Provisions, Biden Administration, Competition
Many patent practitioners have experienced the benefits of examiner interviews in achieving compact patent prosecution. Examiner interviews allow practitioners and examiners to discuss subtle but sometimes significant technical…more
Briefing Schedule, Interviews, Patent Applications, Patent Examinations, Patent Prosecution
In an era characterized by rapid technological evolution, traditional approaches to data collection and analysis have undergone a remarkable transformation. Crowdsourced data and services have emerged as powerful tools that are…more
Analytics, Artificial Intelligence, Crowdsourcing, Data Collection, Department of Defense (DOD)
Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds of…more
Advertising, Affirmative Defenses, Brand, Copyright, Copyright Infringement
Highlights - Courthouses are here to stay but virtual options may stay for pre-trial proceedings. - Remote trials raise some concerns, including due process claims. - Courts will continue to use technology to relieve the…more
Coronavirus/COVID-19, Discovery, Litigation Strategies, Popular, Remote Depositions
On October 10, 2023, the Securities Exchange Commission (SEC) adopted amendments to its rules regarding the reporting of beneficial ownership. The amendments primarily focus on beneficial ownership reporting as required under…more
Beneficial Owner, Publicly-Traded Companies, Reporting Requirements, Schedule 13D, SEC
Key Takeaways: - Demand for private air travel may experience an increase as travel restrictions and stay-at-home orders ease in the coming months. - Record lows in the price of jet fuel and an overstock of airplane…more
Aircraft, Aircraft Financing, Aircraft Sales, Aviation Industry, Coronavirus/COVID-19
Last week, the Internal Revenue Service (the “IRS”) published limited initial guidance regarding key aspects of the changes brought about by the Tax Cuts and Jobs Act of 2017 (the “Act”) to Section 162(m) of the Internal Revenue…more
Compensation & Benefits, Cost-of-Living Adjustment (COLA), Covered Employees, Emerging Growth Companies, Executive Compensation
Following on from the announcement that the German Federal Constitutional Court (the "FCC") has upheld the complaint that, as it stands, the ratification of the Agreement on a Unified Patent Court (the "Agreement") is…more
Constitutional Challenges, Patents, Popular, Ratification, Unified Patent Court
Death certificates have proven notoriously inaccurate for a variety of reasons, usually because they are incomplete and/or the certifier doesn’t really know the patient’s medical history. Even so, national and state agencies…more
CDC, Coronavirus/COVID-19, Death Certificates, World Health Organization
On Sunday, March 12, 2023, the Department of Treasury, Federal Reserve and FDIC issued a joint statement confirming that they were taking decisive action to protect the U.S. economy by strengthening public confidence in our…more
Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions
The National Telecommunications and Information Administration (NTIA) has issued a waiver loosening its irrevocable standby letter of credit (LOC) requirements for the $42.45 billion Broadband Equity, Access, and Deployment…more
Bankruptcy Code, Broadband, Federal Funding, Letter of Credit, NTIA
In April, the Federal Communications Commission (FCC or Commission) adopted a Notice of Proposed Rulemaking (NPRM) proposing to require telecommunications carriers to renew, every 10 years, their international section 214…more
FCC, Foreign Ownership, License Renewals, National Security, NPRM
In a variation on a familiar refrain, the Fourth Circuit recently upheld the enforceability of another arbitration provision under the Federal Arbitration Act (“FAA”) in Santoro v. Accenture Federal Services, LLC. This time, the…more
American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Dodd-Frank
Companies invest in securing supply chains from disruption by economic and political factors, financial difficulties of suppliers, and, as we’ve recently seen, global pandemics. For those either importing goods or relying on…more
Administrative Law Judge (ALJ), Business Disruption, Contract Terms, Customs and Border Protection, Enforcement
Two recent Foreign Corrupt Practices Act (FCPA) actions – a Department of Justice (DOJ) Opinion letter and an SEC settlement – underscore key diligence questions that legal and compliance departments should address when…more
Civil Monetary Penalty, Compliance, Corporate Counsel, Department of Justice (DOJ), Disgorgement
In March 2014, the Securities and Exchange Commission (the “SEC”) initiated the Municipalities Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) to provide issuers (including obligated persons) and underwriters…more
MCDC, Municipal Securities Issuers, SEC, Self-Reporting, Underwriting
In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives…more
Biden Administration, CFIUS, China, Commerce Control List, ECCNs
In a decision which seems likely to inject yet more uncertainty into whether the introduction of pollutants to surface waters via groundwater triggers the permitting requirements of the Clean Water Act (“CWA”), a majority of…more
Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, EPA
In early June 2023, legislation was proposed in the U.S. Congress to amend the U.S. Arms Export Control Act to provide an exemption for licensing of defense items for export to the United Kingdom (U.K.)…more
Arms Export Control Act, Bureau of Industry and Security (BIS), Collaboration, Department of Justice (DOJ), Economic Sanctions
John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville…more
Anti-Discrimination Policies, Civil Rights Act, Collective Bargaining, Employer Liability Issues, First Amendment
On October 9, 2019, the Centers for Medicare and Medicaid Services (CMS) released two proposed rules: Modernizing and Clarifying the Physician Self-Referral Regulations and Fraud and Abuse; Revisions to Safe Harbors under the…more
Anti-Kickback Statute, Beneficiary Inducement, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Comment Period
In our new COVID world, many leases are being restructured. Some are in response to tenant defaults and are appropriately considered lease “work-outs”. Many others will likely need to be amended to adjust to a post-COVID…more
Commercial Leases, Contract Terms, Landlords, Leases, Real Estate Investments
In the world of international finance and crime, criminals and terrorists have always sought innovative ways to launder money and avoid sanctions. One relatively recent method that has gained prominence is known as…more
Advertising, Compliance, Contests & Promotions, Corporate Governance, Due Diligence
Throughout the COVID-19 pandemic, real estate lenders will be dealing with commercial lease defaults and need to consider the following issues: Soon after the spread of COVID-19 and the resulting significant impact on…more
Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19
On July 15, Virginia became the first state to adopt workplace safety regulations to address COVID-19, both to help curtail the spread of the virus and to drive sustained economic recovery throughout the Commonwealth. Other…more
Anti-Discrimination Policies, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Health and Safety
Yesterday, we advised that the Federal Communications Commission had extended the deadline for uploading Issues/Programs Lists to stations’ online public files to January 30, 2019…more
Broadcasting, FCC, Filing Deadlines, Public Notice, Reporting Requirements
On May 19, 2020, OSHA issued revised guidance for recording cases of COVID-19. Under OSHA’s earlier April guidance, most employers effectively were not required to record cases of COVID-19. The new guidance, effective May 26,…more
CDC, Coronavirus/COVID-19, Employee Privacy Rights, Infectious Diseases, New Guidance
Tenants who are now involved in a sublease of space or an assignment of a lease that includes a COVID deferred rent payment obligation need to consider and clarify their responsibility for that future stream of payments. Many…more
Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Landlords
On September 26, 2017, EPA published a final rule in the federal register extending the compliance deadlines in its Formaldehyde Emission Standards for Composite Wood Products as follows..…more
CARB, Compliance Dates, EPA, Final Rules, Imports
One of the biggest changes in international patent law takes effect on June 1, 2023, when Europe's new Unitary Patent System and Unified Patent Court become a reality after years of planning. Join us for a virtual CLE as we…more
Continuing Legal Education, Intellectual Property Protection, IP License, Patent Infringement, Patent Litigation
As the impact investing market has grown and continues to grow, so has the need for a unified set of standards for measuring the social, economic and environmental impacts of investments in the market. In an effort to address…more
Corporate Social Responsibility, Environmental Policies, Financial Services Industry, Investment, Investors
A growing problem in the U.S. is the widespread availability of counterfeit medications, or fake prescription pills. These drugs, made to look like authentic prescription medications, may contain no active ingredient or any…more
CDC, Counterfeit Drugs, Counterfeiting, Criminal Investigations, FDA
Subpoenas from the government can often be viewed as unwelcome intrusions into the business of a passive custodian and its accountholders. With a few fundamentals in place, though, custodians can use subpoenas as an opportunity…more
Corporate Counsel, Custodians, Document Productions, Government Investigations, Recordkeeping Requirements
Mere hours after the Supreme Court’s historic decision in Facebook v. Duguid was released, the legislative fight to overturn it began. Not surprisingly, leading the charge is Senator Edward J. Markey (D-Mass.), a member of the…more
ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, Random or Sequential Number Generator
This final alert in our four-part series on coronavirus stimulus legislation covers the various other significant stimulus proposals focused on businesses contained in the Democrat’s Health and Economic Recovery Omnibus…more
CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Employee Retention, Financial Stimulus
As previously reported, the Department of Justice (DOJ) has announced comprehensive corporate criminal enforcement policy changes utilizing both “carrots” and “sticks” to encourage companies to voluntarily self-disclose…more
Compliance, Corporate Misconduct, Department of Justice (DOJ), Non-Prosecution Agreements, SEC
Last September, in response to significant increases of the retail price of gasoline, California Governor Gavin Newsom called for a special legislative session to consider the imposition of a price cap or “price gouging penalty”…more
Gas Prices, Governor Newsom, Oil & Gas, Price Gouging, Regulatory Authority
On March 15, 2022, President Biden signed the Consolidated Appropriations Act of 2022 into law, which includes the Adjustable Interest Rate (LIBOR) Act. This legislation establishes a uniform benchmark replacement process for…more
Adjustable Rate Financial Products, Alternative Reference Rates Committee (ARRC), Benchmarks, Consolidated Appropriations Act (CAA), Interest Rates
Learn the basics for structuring and financing your cannabis business and managing supply chain issues as you grow. Topics include: - M&A, equity raising - Hot topics when selling or seeking equity financing for a…more
Acquisitions, Cannabis-Related Businesses (CRBs), Capital Raising, Continuing Legal Education, Equity Financing
Investigators with the U.S. Department of Justice reportedly are investigating energy pricing benchmarks published by Platts, targeting suspected manipulation of deal prices provided by individual traders. According to the…more
Benchmark Pricing, Commodities Traders, Compliance, Criminal Prosecution, Department of Justice (DOJ)
On October 30, 2023, President Biden issued Executive Order 14110: Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. It seeks to confirm America’s global leadership in AI and…more
Artificial Intelligence, Biden Administration, Copyright Office, Cybersecurity, Data Privacy
On November 10, 2022 the Federal Trade Commission (“FTC”) released a Policy Statement that is nothing less than a seismic shift in antitrust precedent and practice. In the Statement, the Commission asserts that Section 5 of the…more
Antitrust Division, Antitrust Provisions, Enforcement Priorities, FTC, FTC Act
On September 21, 2023, the UK Secretary of State for Science, Innovation and Technology laid before Parliament regulations that will operate to significantly simplify the process for UK businesses to transfer personal data to…more
EU, General Data Protection Regulation (GDPR), International Data Transfers, Privacy Framework, Privacy Laws
For more than 20 years, the movement to decriminalize and/or legalize cannabis has gained momentum and support across the U.S., resulting in substantial legal reform at the state level that continues today. In recent years, a…more
Cannabis Products, Clinical Trials, Controlled Substances, Local Ordinance, Mental Health
Recently, Womble Bond Dickinson held its First Annual Health Care Fraud Symposium, a webinar designed to discuss critical healthcare fraud topics. WBD Partner Joe Whitley moderated a discussion with WBD attorneys Luke Cass, Lee…more
Antitrust Investigations, Antitrust Provisions, Compliance, Coronavirus/COVID-19, Criminal Investigations
Join industry leaders and legal professionals as they step through a cyber incident response scenario and give real-time perspectives from the viewpoint of forensic investigation and mitigation, legal, cyber insurance, and law…more
Crisis Management, Cyber Attacks, Cyber Insurance, Cyber Threats, Cybersecurity
When South Carolina properties are sold directly, or indirectly via the sale of equity in the property-owning entity, the sale typically qualifies as an assessable transfer of interest or an “ATI.” An ATI allows County tax…more
Commercial Property Owners, Exemptions, Filing Deadlines, Property Tax, Real Estate Transactions
The Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) have reviewed the use of Modifier 25 to unbundle payments for evaluation and management (E/M) services when a procedure is performed…more
Billing, Centers for Medicare & Medicaid Services (CMS), Coding, Health Care Providers, Medicare
The trend in recent years has undeniably been against the broad use and enforcement of employee noncompete agreements. The number of states that have implemented or proposed legislation restricting employers’ ability to use such…more
Employment Contract, Enforcement Priorities, FTC, Non-Compete Agreements, Restrictive Covenants
Womble Bond Dickinson (WBD)’s 2024 Energy Transition Outlook Survey Report points to a new phase in the multi-generational journey to Net Zero. While 56% of our respondents are deepening their focus on their transition strategy,…more
Climate Change, Commodities, Electric Vehicles, Energy Information Association (EIA), Energy Sector
U.S. trademark practitioners will no longer have a six-month window to respond to Office Actions issued by the United States Patent and Trademark Office (“USPTO”) on certain pending trademark applications. As of DECEMBER 3,…more
Filing Deadlines, Office Actions, Trademark Application, Trademarks, USPTO
On January 2, 2018, the U.S. Department of Labor postponed key provisions of its Fiduciary Rule for the next 18 months. The Fiduciary Rule was generally intended to expand the definition of who is considered a fiduciary,…more
Best Interest Contract Exemptions, Department of Labor (DOL), Fiduciary Rule, Investment Adviser, Principal Transaction Exemption
Delivering major construction projects has always been challenging. The current global climate will necessitate more of these projects, while at the same time making their delivery more difficult. Understanding and mitigating…more
Construction Contracts, Construction Disputes, Construction Industry, Construction Managers, Construction Project
As Donald Trump has now been inaugurated as the 45th President of the United States, one of the questions we are asked concerns the likely direction the Trump administration will pursue concerning regulatory/criminal…more
Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Trump Administration, Yates Memorandum
Connecticut’s privacy law takes effect on July 1, with some key changes after the governor signed Senate Bill 3 on June 26. Some portions of the amendments concerning newly defined “consumer health law” will have immediate…more
Amended Legislation, Consent, Consumer Privacy Rights, Corporate Counsel, Cure Periods
Infrastructure fees are a common battleground between landowners/developers and local governments. The Supreme Court decided a case this week that counts as a “win” for the local governments, reversing a Court of Appeals…more
Appeals, Fees, Land Developers, Municipalities, NC Supreme Court
Remote depositions and mediations have been taking place for more than 20 years. As videoconferencing tools have improved (think Webex, Zoom, etc.), business litigators and their client have become increasingly comfortable…more
Coronavirus/COVID-19, Court Schedules, Depositions, Litigation Strategies, Remote Working
On December 15, 2022, the EPA published a Final Rule to amend EPA’s All Appropriate Inquiries Rule to allow the use of the revised American Society for Testing and Materials (ASTM) E1527-21 Standard Practice for Environmental…more
AAI, ASTM, CERCLA, Environmental Site Assessment, EPA
A recent decision of the Ninth Circuit Court of Appeals, Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), affirmed a district court’s order granting a motion to dismiss a putative TCPA class…more
Audio Recording, Auto-Dialed Calls, Dismissals, Marketing, Putative Class Actions
U.S. Citizenship and Immigration Services (“USCIS”) has announced that a revised version of Form I-9, Employment Eligibility Verification will be available starting August 1, 2023. The current version can be used through October…more
Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Form I-9, Immigration Procedures
A closely watched and hotly debated life sciences patent dispute saw the U.S. Supreme Court affirm a narrow interpretation of patent enablement when filing for patent protection…more
Amgen, Biotechnology, Corporate Counsel, Enablement Inquiries, Life Sciences
PFAS contamination in drinking water is under increasing regulatory scrutiny, not only from the EPA and other federal agencies, but state regulatory bodies across the country. The latest development comes from North Carolina,…more
Contamination, Department of Environmental Quality, Drinking Water, Environmental Liability, Governor Cooper
Two weeks ago, the Supreme Court heard oral argument in Minerva Surgical Inc. v. Hologic, Inc. over the rather arcane issue of assignor estoppel. Stop - I can figuratively feel your eyes rolling after reading the phase…more
Assignment of Inventions, Assignor Estoppel, Employee Inventors, Inventors, Patent Assignment and Transfer Agreement (PATA)
On October 17, the United States Senate passed S.2258, the Criminal Antitrust Anti-Retaliation Act of 2019 (“CAARA”). If enacted, it would amend the 2004 Antitrust Criminal Penalty Enhancement and Reform Act, which limited the…more
ACPERA, Anti-Retaliation Provisions, Antitrust Division, Antitrust Violations, Corporate Counsel
A New York attorney working a personal injury case just learned why it’s called “generative” AI the hard way. In 2022, Robert Mata, represented by attorneys of Levidow, Levidow & Oberman, P.C. (“Levidow”), filed a personal…more
Artificial Intelligence, Model Rules, Professional Misconduct, Rules of Professional Conduct, Sanctions
Plaintiffs’ lawyers spent $67M between January and May on mass tort TV advertising, a 6.6% increase from the same time last year. As many of us work from home, learn from home, or are otherwise stuck at home due to the pandemic,…more
Advertising, CARES Act, Coronavirus/COVID-19, FDA, FTC
Last month, Womble Bond Dickinson launched “Doing Well by Doing Good,” a thought leadership series focused on ways in which environmental and social governance impact business. The following article summarizes “Green Finance is…more
Capital Markets, Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Financial Services Industry
On 22 October the government secured a majority of 30 to approve in principle the Withdrawal Agreement Bill (WAB). However, snatching defeat from the jaws of victory, the government's programme motion to push the Bill through…more
Cross-Border Transactions, General Elections, Member State, No-Deal Brexit, UK
The United States Supreme Court has been chipping away at patent rights for the past decade. The latest blow occurred on May 22, 2017, when the Court crippled the ability of patent holders to engage in forum shopping in TC…more
Congressional Intent, Forum Shopping, Patent Infringement, Patent Litigation, Patents
The EU’s General Data Protection Regulation goes into effect on May 25, 2018. GDPR replaces the EU Data Protection Directive. GDPR can apply to US-based businesses even if they do not have offices or employees in the EU. It can…more
Breach Notification Rule, Cybersecurity, Data Processors, Data Protection, Data Protection Officers (DPOs)
As part of its business, Equifax reports publicly available civil judgment and tax lien information about consumers. However, in multiple class action lawsuits filed across the United States, plaintiff-consumers alleged that…more
Attorney's Fees, Class Action, Credit Reporting Agencies, Credit Reports, Equifax
The August 9, 2019 decision to require a supplemental environmental impact statement (EIS) for the Vineyard Wind Project sent shock waves through the nascent US offshore wind industry. The initial EIS had been scoped years…more
BOEM, Energy Policy, Energy Projects, Energy Sector, Offshore Wind
In PCS Nitrogen, Inc. v. Cont'l Cas. Co., 436 S.C. 254, 871 S.E.2d 590 (2022), the Supreme Court of South Carolina formally adopted the “post-loss exception” - a common law rule providing that insurer consent is not required for…more
Assignments, CERCLA, Commercial Insurance Policies, Consent to Assignment, Environmental Remediation Costs
Since March 2020, the COVID-19 pandemic has impacted virtually all aspects of our daily lives. Zoom meetings have replaced conference room gatherings. Kids attend classes from kitchen tables. Family movie nights are likely to…more
Brick-and-Mortar Stores, Commercial Real Estate Market, Coronavirus/COVID-19, E-Commerce, Economic Downturn
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, amends the duties of a furnisher of information under the Fair Credit Reporting Act (FCRA) in light of the COVID-19 pandemic…more
CARES Act, Coronavirus/COVID-19, Credit Reports, FCRA, Financial Services Industry
Should I stay or should I go? This is the question current owners of European patents and applicants for pending applications are asking as the European Patent with Unitary Effect (“Unitary Patent”) and Unified Patent Court…more
Corporate Counsel, EU, European Patent Office, Intellectual Property Protection, Member State
Last week, we informed you about new federal efforts to measure and reduce PFAS contamination levels in drinking water. But there also are significant efforts to increase PFAS regulatory requirements at the state level,…more
Contamination, Department of Environmental Quality, Drinking Water, Hazardous Substances, PFAS
What user experience does a visually impaired person have when visiting your website? Is your website designed with barriers for people with disabilities? These are among the important questions to ask to ensure that all…more
ADA, Audits, Biden Administration, Disability Discrimination, Enforcement Priorities
On March 4, 2021, we wrote about lawsuits concerning alleged high levels of heavy metals in baby foods (“Are Your Baby’s Strained Carrots Safe? Considerations for Manufacturers”). A precipitating factor was a staff report…more
Arsenic, Baby Products, Children's Products, Draft Guidance, FDA
A recent North Carolina Court of Appeals decisions underscores the importance of properly recording lease terms and renewal options. North Carolina’s Connor Act (codified as N.C. Gen. Stat. § 47-18) provides that North…more
Commercial Leases, Commercial Property Owners, Contract Terms, Leases, Real Estate Transactions
In 1982, one of our authors published an article discussing the distinction between the usufruct and estate for years in the February edition of the Georgia State Bar Journal. Since that time, there has been little attention…more
Ad Valorem Tax, Commercial Leases, Commercial Tenants
The Center for Enterprise Development, with support from JP Morgan Chase, published a study on the racial wealth divide in Baltimore. Baltimore is hardly alone in struggling with the challenges of wealth inequality which,…more
Economic Development, Government Studies, Minorities, Wealth Management
Like every other industry, the “Everything from Everywhere” marketplace and digital economy is changing how the legal industry works. Chief among these changes is the growth of the Alternative Legal Service Provider. In a recent…more
Alternate Legal Service Providers (ALSPs), Client Services, Law Practice Management, Legal Project Management, Strategic Planning
On Wednesday, August 30, the US Department of Health and Human Services issued a recommendation to re-classify cannabis as a Schedule III controlled substance under federal law. The Drug Enforcement Administration is reviewing…more
Cannabis Products, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)
On May 30, 2023, the Small Business Administration’s (“SBA”) Final Rule on Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program (the “Final Rule”) became effective. The Final…more
8(a) Program, Business Development, Federal Contractors, Final Rules, General Solicitation
Over the last two years, the Department of Justice (DOJ) has announced numerous policy changes on corporate criminal enforcement policies, which were largely based on a self-described “carrot and sticks” approach (“a mix of…more
Acquisitions, Antitrust Division, Compliance, Cooperation, Corporate Crimes
In the last quarter-century, e-commerce has revolutionized businesses large and small, creating opportunities to reach a far broader customer base than ever before. Unfortunately, this unlimited online marketplace also has…more
Counterfeit Goods Regulation, Counterfeiting, E-Commerce, OECD, Online Platforms
After a long period of economic and political stability, the world entered an era of relative turmoil with the onset of the Covid-19 pandemic. The effects of this and subsequent events have been acutely felt by businesses…more
Business Strategies, Manufacturers, Manufacturing Facilities, Risk Mitigation, Suppliers
Individuals and businesses continue to evaluate the Tax Cuts and Jobs Act of 2017 (the “Tax Act” or “Act”) and, in particular, the specific effects on personal and business tax planning. Our clients are asking us daily how they…more
Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption
On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based on…more
Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Artists, Copyright, Copyright Infringement
What gets us into trouble is not what we don’t know. It’s what we know for sure that just ain’t so. (Attributed (probably wrongly) to Mark Twain) - A funny thing happened to me on the way to this blog: I learned that what I…more
Communications Decency Act, Section 230, Social Media, User-Generated Content, Website Owner Liability
On April 1, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 125, which permits and encourages corporations incorporated in North Carolina to conduct all or any part of a shareholders’ meeting solely by means…more
Coronavirus/COVID-19, Corporate Governance, Executive Orders, Governor Cooper, Publicly-Traded Companies
The tragic and widespread effects of COVID-19 continue to unfold on a daily basis. The pandemic’s impact from both a public health and economic perspective has been literally unfathomable. For commercial real estate owners, no…more
CMBS, Commercial Bankruptcy, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants
It is time to take a deeper look and derive or strengthen some strategies to argue for patentable subject matter eligibility during patent prosecution, now that the first round articles on the USPTO Memorandum April 19, 2018,…more
Claim Construction, CLS Bank v Alice Corp, Guidance Update, Litigation Strategies, Mayo v. Prometheus