Author Info for Womble Bond Dickinson

Reid Adams Jr.

Business Interruption Coverage, OSHA Issues & Workers’ Compensation Issues in the COVID-19 Era

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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Abhijit Adisesh

USPTO to Provide Patent Grants Electronically - What Patent Applicants Need to Know

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

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Paul Afonso

FERC Moves to Fill the Tariff Gap on Co-Located Load in PJM

A little more than one year after the co-location of data centers and generation emerged as a defining issue for the Federal Energy Regulatory Commission, the agency established a regulatory runway for large load investments by… more

Advanced Notice of Proposed Rulemaking (ANPRM), Data Centers, Federal Power Act, FERC, Interconnections

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Alfredo Alonso

Trump Administration Halts $7 Billion Solar for All Grant Program; Adds Roadblocks to Development on Public Lands

On August 7, the Trump Administration announced it is cancelling the Solar for All federal grant program, which originally committed $7 billion in awarded grants to support solar in low income and disadvantaged households… more

Department of Energy (DOE), Department of the Interior, Environmental Protection Agency (EPA), Executive Orders, Federal Grants

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Amy Altshuler

[Hybrid Event] 2025 Arizona Last Chance CLE - June 25th, Phoenix, AZ

Don't let the June 30th deadline sneak up on you! Ensure you meet your MCLE requirements with our all-day CLE event. This year’s Last Chance CLE offers a diverse array of engaging sessions covering key topics and recent legal… more

Artificial Intelligence, Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Disputes

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Jack Altura

Calhoun v. Google - Continued Considerations for Privacy Notices

Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v… more

Consent, Corporate Counsel, Data Collection, Google, Invasion of Privacy

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Robert Ambler Jr.

SEC v. Jarkesy: How Impactful Is It Really on the SEC’s Enforcement Program?

In SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment requires the U.S. Securities and Exchange Commission (“SEC” or “the Commission”) to litigate in federal district court when seeking civil monetary penalties… more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges

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Lela Ames

Be Prepared: Strategies to Help Institutions Prepare for the Next (or First) Title IX Hearing

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

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D. Scott Anderson

The Major Shift into Minority Investments

The venture capital markets are experiencing a prolonged expansion in both the number and type of investors willing to make minority (non-controlling) investments. This heightened competition for investment opportunities and the… more

Due Diligence, Investors, Minority Equity Investments, Portfolio Companies, Private Equity

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Lauren Anderson

Updating Interview Scheduling Practices with USPTOs AIR Program

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

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Scot Anderson

Steel Production Expansion through the One Big Beautiful Bill Act

The One Big Beautiful Bill Act, signed into law on July 4, 2025, has been acknowledged as a sweeping clean energy and industrial policy. Much of the attention has focused on wind, solar, and battery storage, but buried within… more

Clean Energy, Coal Industry, Department of Energy (DOE), Energy Sector, Internal Revenue Code (IRC)

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Stephen Anderson

The Evolution of National Security in the U.S. and U.K.

The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and… more

CFIUS, Compliance, Controlled Unclassified Information (CUI), Critical Infrastructure Sectors, Defense Sector

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Nadia Aram

Overview of FTC’s 2026 Children’s Privacy Focus: Expect Ongoing, if not More, Attention

This article provides Womble’s recommendations for companies processing children’s data based on a recent discussion with Associate Director Wiseman regarding his personal impressions of the general state of the FTC’s… more

COPPA, Data Privacy, Data Processors, Data Retention, Enforcement Actions

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David Attanasio

Key U.S. Litigation Risks from Overseas Operations in the Energy and Natural Resources Sector

Energy and natural resources businesses in the United States continue to face legal risk in the United States from the human rights and environmental impacts of their operations abroad. However, these legal risks have declined… more

Alien Tort Statute, Due Diligence, Energy Sector, Environmental Liability, Environmental Litigation

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Daniel Attaway

Codifying the Experimental Use Exception? USPTO Seeks Public Input

The United States Patent and Trademark Office (USPTO) released a Notice on the Federal Register (“the Notice”) today requesting public commentary and input on the current state of the experimental use exception. The USPTO is… more

Agricultural Sector, Biden Administration, Defense Strategies, Disclosure Requirements, Executive Orders

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Meghan Aubry

The Georgia Supreme Court Upheld Out-of-State Corporations’ Consent to Suit by State Registration - But Will the U.S. Supreme Court Weigh in?

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

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F. Reid Avett

FCC Alerts Broadcasters of Cybersecurity Threat

The Federal Communications Commission’s Public Safety and Homeland Security Bureau (PSHSB) has issued a Public Notice alerting broadcasters of a recent string of cybersecurity intrusions against radio broadcasters that resulted… more

Cyber Attacks, Cybersecurity, Emergency Alerts, FCC, New Guidance

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Tracy Bacigalupo

Legal Insights for Data Center Developers: Structuring Investments

In the rapidly evolving landscape of digital infrastructure, data center developers face unique challenges and opportunities. This blog post delves into the intricacies of structuring investments and working with investors in… more

Choice of Entity, Corporate Governance, Data Centers, Investment Opportunities, Privacy Laws

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Shari Domow Bacsardi

Certification and AI in eVTOLs and eCTOLs: Industry Leaders Avoid Autopilot in Bringing Electric Aircraft to Market

This client alert was originally published in Monitor Daily. The march toward electric vertical takeoff and landing aircraft (eVTOL) certification is progressing, though some predict a delay in eVTOLs’ market entry. Leading… more

Aircraft, Artificial Intelligence, Electric Vehicles, Federal Aviation Administration (FAA), Research and Development

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Jeremy Baker

[Webinar] Early Warning Signs that Your Construction Project is Heading in the Wrong Direction: Lessons Learned from Troubled Projects - April 2nd, 12:00 pm - 1:00 pm ET

Complex construction projects are never easy, particularly for project owners not used to the construction process. Disputes over costs overruns and delays are unfortunately the norm, and if not addressed quickly, can consume a… more

Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation, Construction Managers

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Francisco Balduzzi

Mexico Adopts Controversial Judicial Reform - What You Need to Know to Protect Your Business

As has been widely reported, Mexico recently adopted a constitutional amendment to overhaul its judiciary—most notably requiring popular elections for judges at all levels of the Mexican court system. Observers have widely… more

Constitutional Amendment, Dispute Resolution, Foreign Investment, Judges, Judicial Appointments

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Janice Baldwin

Time to Review Executive Compensation Arrangements in Light of IRS Guidance on Section 162(m)

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

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Reid Barber

Watch Your Step: Negative Claim Limitations Present Pitfalls and Secondary Considerations are No Safety Net

As a matter of best practices, patent practitioners draft claims of various types to protect inventions from multiple angles and to improve the chances of reaching allowable claims. Sometimes, this includes drafting claims with… more

Appeals, CAFC, Claim Construction, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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Tim Barber

Unified Patent Court ratification declared unconstitutional by German court

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

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Sara Bauer

Snack Wars: Mondelez Challenges Aldi’s Packaging Design Strategy in Trademark Infringement Lawsuit

The Aldi supermarket chain has built a loyal and growing following—Aldi is on pace to open more than 225 new stores this year and promotes itself as a lower-cost alternative to traditional brands. Aldi has previously used the… more

Consumer Protection Laws, Grocery Stores, Product Packaging, Retailers, Slogans

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Nicholas Bauman

Arizona Voters Modify Creditors' Remedies with Passage of Proposition 209 - Update

UPDATED 5/30/2024: Prop. 209 became law on December 5, 2022, but was immediately challenged by the Arizona Creditors Bar Association and several other organizations as unconstitutionally vague and internally inconsistent. Prop… more

Amended Legislation, Appeals, Arizona, Creditors, Debt Collection

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Kim Beane

Finding an Expert Witness (Part 2): Best Practices for Choosing the Best Candidate

Once you’ve done the mental legwork and have candidates to consider as an expert witness, how do you choose the best one? Several considerations may influence your final choice. Verifying licensure, education, and employment… more

Best Practices, Bias, Compensation, Expert Witness, Judges

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David Beckstead

OBBBA’s Ripple Effect: Strategic Implications for the Data Center Sector

The enactment of the One Big Beautiful Bill Act (“OBBBA”) on July 4, 2025 introduced major legal and regulatory changes across various sectors… more

Clean Energy, Data Centers, Energy Policy, Energy Sector, Energy Storage

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Merrick Benn

Global Finance: Today’s Risks and Rewards in an Evolving Industry

The global finance industry has been undergoing a significant shift in recent years, with investment patterns showing a slow but steady pivot towards Low Income, Lower Middle Income, and Upper Middle Income nations, as… more

Africa, China, Electric Vehicles, Emerging Growth Companies, Energy Sector

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Caressa Bennet

Priorities and Challenges to Consider as the FCC Resumes Normal Operations

The House of Representatives is scheduled to vote on legislation previously passed by the Senate to appropriate funding to re-open the federal government. The legislation is expected to pass, and President Trump has announced… more

Appropriations Bill, FCC, Federal Funding, Filing Deadlines, Government Agencies

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Michael Bennet

Track Your Company’s NG911 Compliance Dates

The Federal Communications Commission’s Report and Order released last year which established new rules governing the provision of next generation 911 (NG911) services contained a requirement that originating service providers… more

911 Calls, Commercial Mobile Radio Service (CMRS), Compliance Dates, FCC, Filing Deadlines

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Raymond Bennett

Fourth Circuit Rejects Broad Reading of Arbitration Ban in Dodd-Frank

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

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Dani Bhadare-Valente

Universal Music Group’s Recent Success in Blocking Section 203 Termination Rights Could Pose a Threat to Artists’ Abilities to Reclaim Sound Recording Rights in the Future.

On January 8, 2026, the U.S. District Court in the Southern District of New York granted Universal Music Group’s motion to dismiss, and in so doing, prevented hip-hop group, Salt-N-Pepa, from exercising its termination rights… more

Appeals, Contract Terms, Copyright, Copyright Litigation, Motion to Dismiss

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Paul Billow

SEC Expected to Begin Settlement Actions With Issuers Under MCDC Initiative

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, Securities and Exchange Commission (SEC), Self-Reporting, Underwriting

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Julius Bodie

[Webinar] Compliance Priorities for In-House Counsel: Responding to Latest DOJ Priorities & Guidance - August 5th, 3:00 pm - 4:00 pm ET

Join us for an informative webinar providing the latest updates on key compliance issues under the current administration. Our panel will address recent developments in tariffs, the FCPA, False Claims Act, and sanctions. We’ll… more

Compliance, Continuing Legal Education, Corporate Counsel, Corporate Crimes, Criminal Liability

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Evan Boetticher

Unsettling Expectations: Avoiding Discretionary Denial of IPR Petitions

USPTO Acting Director Coke Stewart’s introduction of settled expectations into the discretionary denial calculus for inter partes review (IPR) petitions has created an unexpected hurdle in the institution of IPRs… more

Administrative Procedure Act, Discretionary Functions, Inter Partes Review (IPR) Proceeding, Litigation Strategies, Patent Litigation

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Michael James Bogle

SCOTUS Muddies All The Waters

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, Environmental Protection Agency (EPA)

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Deborah Bone

The Grid Supporting the Cloud: FERC’s Regulatory Response to Data Center Co-Location in PJM

This is the second article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled “Powering the Future: Legal Challenges in Grid Modernization and Transmission". This series explores the factors… more

Data Centers, Energy Policy, Energy Sector, FERC, Infrastructure

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Ashley Borthwick

Impact of US Federal Government Shut Down on International Trade and Investment: Essential Services vs. Impacted Agencies and Processes

There have been many significant impacts to international trade and the U.S. agencies overseeing such over the last 10 months. Over the last year international trade and investment have had to adapt and react to changes in U.S… more

Bureau of Industry and Security (BIS), CFIUS, Customs and Border Protection, Economic Sanctions, Export Controls

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John Bossert

Comparing California’s AI-Likeness Bills with the Federal NO FAKES Act of 2024

Over the past several years, both Congress and state legislatures have introduced legislation concerning “digital replicas,” or deepfakes created by AI. Many of these bills have been directed to protecting the… more

Actors, Artificial Intelligence, Audio Recording, Celebrities, Copyright

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Ben Bourke

USPTO Replaces AI Inventorship Guidance

On November 28, 2025, the USPTO published new guidance on the Federal Register, replacing and rescinding its prior February 13, 2024 “Inventorship Guidance for AI-Assisted Inventions.”… more

Artificial Intelligence, Intellectual Property Protection, Inventors, Joint Inventors, Machine Learning

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Mary Bourke

Navigating the Implications of In re Cellect: What You Need to Know About Patent Term Adjustment & Obviousness-Type Double Patenting

On January 19, 2024, the Court of Appeals for the Federal Circuit issued an order denying the Petition for Rehearing En Banc in the much awaited In re Cellect matter. The mandate of the court issued today… more

Obviousness, Obviousness-Type Double Patenting (ODP), Patent Litigation, Patent Term Adjustment, Patent Term Extensions

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Joanne Boyle

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

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

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Justin Bradley

TCPA Consent Transfer: SDNY Case Highlights Key Considerations

In a September 2024 opinion, the United States District Court, Southern District of New York (SDNY) addressed the conditions for transfer of consent under the FCC’s Telephone Consumer Protection Act (TCPA) Do Not Call (DNC)… more

Auto-Dialed Calls, FCC, Prior Express Consent, Robocalling, TCPA

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Claire Brady

Upcoming Changes in Defense Related Procurement: What You Need to Know

When we talk about defense related procurement, we're referring to defense and security contracts which are public contracts. Defense procurement reform has been a significant topic on the House of Commons agenda for some… more

Defense Sector, Effective Date, EU, EU Directive, National Security

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Eryn Brasovan

Insurance Premium Finance Exemption Enacted - Missouri Commercial Finance Disclosure Law

As we reported last year, Missouri introduced its version of Commercial Finance Disclosure Law (“CFDL”) legislation, following the lead of other states with laws requiring consumer-like disclosures in certain commercial loans… more

Commercial Loans, Disclosure Requirements, Financial Services Industry, Insurance Industry, Insurance Regulations

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Anthony Brett

Trump Administration’s ‘Regulatory Sprint’ Includes Revisions to Stark Law and Anti-Kickback Statute

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

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Tyler Bridegan, CIPP (US/E), CIPM

Overview of FTC’s 2026 Children’s Privacy Focus: Expect Ongoing, if not More, Attention

This article provides Womble’s recommendations for companies processing children’s data based on a recent discussion with Associate Director Wiseman regarding his personal impressions of the general state of the FTC’s… more

COPPA, Data Privacy, Data Processors, Data Retention, Enforcement Actions

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Robert Brinkley

Using a Prenegotiation Agreement as Part of Lease Restructuring

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

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Robert Broadbent

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Julie Broadus Meigs Ph.D.

Navigating the Implications of In re Cellect: What You Need to Know About Patent Term Adjustment & Obviousness-Type Double Patenting

On January 19, 2024, the Court of Appeals for the Federal Circuit issued an order denying the Petition for Rehearing En Banc in the much awaited In re Cellect matter. The mandate of the court issued today… more

Obviousness, Obviousness-Type Double Patenting (ODP), Patent Litigation, Patent Term Adjustment, Patent Term Extensions

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Peter Bromaghim

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

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

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Charles Brown, II

COVID-19 and Commercial Leases: Guidance for Lenders

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

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Victoria Bruno

COVID-19 Workplace Safety Regulations for Businesses

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

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Bruce Buchanan

Update: Further Extensions Granted to FCC Filing Deadlines

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

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Zachary Buckheit

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Alexander Buckley

New OSHA Guidance for Recording COVID-19 Cases at Work

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

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employee Privacy Rights, Infectious Diseases, New Guidance

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Bruce Buckley

Local Opinion Counsel - Care and Feeding of

Feeding local opinion counsel a full plate of information early in the engagement will help local opinion counsel take some of the heat off of borrower’s lead counsel during the typical hurry-up-and-wait process of getting… more

Commercial Loans, Legal Opinion, Outside Counsel, Pre-Closing Issues, Transactional Attorneys

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Hailey Bureau Ph.D.

Controversy over “Composition”: Federal Circuit Highlights Drafting Discrepancy

In a precedential ruling that underscores the importance of consistency in claim drafting, the United States Court of Appeals for the Federal Circuit reversed a claim construction based on an improper interpretation of the term… more

CAFC, Claim Construction, Drafting Attorney, Obviousness, Patent Infringement

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Christa Burger

EPA Extends Compliance Deadlines for Formaldehyde Emission Standards in Composite Wood Products

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, Environmental Protection Agency (EPA), Final Rules, Imports

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Thomas Burnham

What’s in a Name? Delaware Amends Trade Name Registration Process

UPDATE as of May 28, 2025: Implementation has been delayed until February 2, 2026. Business entities should still prepare for this coming change. Delaware has overhauled how business entities register and maintain trade names… more

Business Entities, Business Licenses, Compliance Dates, Doing Business, Filing Deadlines

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Benjamin Busboom

Steel Production Expansion through the One Big Beautiful Bill Act

The One Big Beautiful Bill Act, signed into law on July 4, 2025, has been acknowledged as a sweeping clean energy and industrial policy. Much of the attention has focused on wind, solar, and battery storage, but buried within… more

Clean Energy, Coal Industry, Department of Energy (DOE), Energy Sector, Internal Revenue Code (IRC)

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Doug Butler

Micro-captive Insurance Reportable Transactions and the Reporting Requirements

Certain micro-captive transactions are back to being reportable. On January 14, 2025, the Treasury Department and the Internal Revenue Service (“IRS”) published final regulations (the “Regulations”) that named some micro-captive… more

Captive Insurance Company, Final Rules, Financial Services Industry, Income Taxes, Insurance Industry

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Ryan Cagle

[Webinar] Growing Global: Act Now or Act Later? Unitary Patents and the UPC - May 11th, 11:00 am - 1:00 pm EDT

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

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Bryant Caldwell

South Carolina’s New NIL Law and What it Means for Collegiate Athletes in the State

On Tuesday, May 21, 2024, South Carolina Governor Henry McMaster signed bill H. 4957 into law after it was approved unanimously by state lawmakers earlier in the year. Similar NIL (“Name, Image, and Likeness”) bills to H. 4957… more

Alston v NCAA, Antitrust Provisions, College Athletes, Colleges, Compensation

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Richard Cameron

Priorities and Challenges to Consider as the FCC Resumes Normal Operations

The House of Representatives is scheduled to vote on legislation previously passed by the Senate to appropriate funding to re-open the federal government. The legislation is expected to pass, and President Trump has announced… more

Appropriations Bill, FCC, Federal Funding, Filing Deadlines, Government Agencies

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Jacqueline Camp

Joint Impact Indicators for Impact Investors

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

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Madeline Campbell Ph.D.

Alert: New Mexico Is a Step Closer to Legalizing the Supervised Use of Psilocybin

We’ve previously highlighted psilocybin as an alternative treatment for various neuropsychiatric disorders, including anxiety, depression, and PTSD, along with legislative efforts at the state and federal levels to legalize and… more

Health Care Providers, Life Sciences, Mental Health, Pending Legislation, Prescription Drugs

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Jill Canfield, Esq

FCC Registration Number (FRN) Holders Take Note: Update Records Within 10 Days or Face $1000 Per Day Fine

In a little noticed FCC rule change that went into effect on February 5, any entity that has an FCC Registration Number (FRN) faces a $1,000 per day penalty for the failure to update its registration information in the FCC’s… more

Amended Rules, FCC, Filing Deadlines, Penalties, Registration Requirement

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Patrick Cantrill

Unified Patent Court ratification declared unconstitutional by German court

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

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Tom Caplen

Artificial Intelligence: Sustainability Reporting

Artificial intelligence (AI) needs a large amount of computing power, and each unit of computing power consumes significant amounts of electricity. This computing largely takes place in data centers which are rapidly being… more

Artificial Intelligence, Climate Change, Data Centers, Energy Sector, EU

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Todd Carroll

Addressing Government Subpoenas

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

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William Carter

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does not… more

CAN-SPAM Act, Data Collection, E-Commerce, Email, FTC Act

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Michael Cashin

Coronavirus Stimulus Legislation: Tax Credits and Other Business Programs

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

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Luke Cass

Betting on the Future: Enforcement Risks in Prediction Markets

Last month, the world watched two remarkable events unfold in quick succession: the U.S. operation that led to the capture of Nicolás Maduro and the Polymarket trader who turned a $400,000 profit by correctly predicting that… more

CFTC, Department of Justice (DOJ), Designated Contract Markets (DCMs), Enforcement Actions, Insider Trading

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Keith Casto

California Creates New Agency to Regulate and Monitor Gasoline Prices and Operations

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

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Michelle Catapang

McLaughlin v. McKesson: Rebalancing the Scales Between Agency and Judicial Interpretation of the TCPA

On June 20, 2025, the U.S. Supreme Court released a landmark opinion in McLaughlin Chiropractic Associates, Inc., v. McKesson Corp., further reshaping the scope of judicial review of agency action… more

Administrative Procedure Act, Class Action, Consent, Faxes, FCC

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B. Taber Cathcart

Federal Enactment of Adjustable Interest Rate (LIBOR) Act

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

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Gregory Chabon

[Webinar] Keeping Out of the Weeds in Corporate and Financial Transactions - October 12th, 12:00 pm - 1:00 pm EDT

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

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Jasmine Chalashtori

[Webinar] DOJ’s Civil Rights Fraud Initiative: FCA Enforcement Against DEI Programs - September 16th, 12:00 pm - 1:00 pm ET

Join Womble Bond Dickinson attorneys Jasmine Chalashtori, Michael Clark, and Martha Zackin as they provide critical insights on how organizations across industries—not just traditional FCA defendants—may face scrutiny for their… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Liability Issues, Enforcement Priorities, False Claims Act (FCA)

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Wayne Chancellor

Striking the Balance: Permitting Reforms for Mining & the Energy Transition

In an era marked by the transition to greener energy sources, there is an intricate dance between achieving net-zero emissions and the critical role mining plays in this endeavor. This compilation of articles titled “Striking… more

Climate Change, Consultation, EU, Greenhouse Gas Emissions, Minerals

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A. Joseph Chandler

[Hybrid Event] 2025 Arizona Last Chance CLE - June 25th, Phoenix, AZ

Don't let the June 30th deadline sneak up on you! Ensure you meet your MCLE requirements with our all-day CLE event. This year’s Last Chance CLE offers a diverse array of engaging sessions covering key topics and recent legal… more

Artificial Intelligence, Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Disputes

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Rob Charles

[Hybrid Event] 2025 Arizona Last Chance CLE - June 25th, Phoenix, AZ

Don't let the June 30th deadline sneak up on you! Ensure you meet your MCLE requirements with our all-day CLE event. This year’s Last Chance CLE offers a diverse array of engaging sessions covering key topics and recent legal… more

Artificial Intelligence, Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Disputes

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Tara Cho

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Christos Christodoulou

Federal Trade Commission Signals Dramatic Shift in Antitrust Enforcement

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, Federal Trade Commission (FTC), FTC Act

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Joshua Chu

The Global Effort to Address Clean Energy Technology End-of-Life Challenges

On March 18, 2022, the U.S. Department of Energy (DOE), Solar Energy Technologies Office (SETO) released its Photovoltaics End-of-Life Action Plan. SETO’s Plan recognizes the current reality for solar PV panels that have reached… more

Clean Energy, Decommissioned Facilities, Department of Energy (DOE), Energy Policy, Environmental Policies

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Caroline Churchill

Artificial Intelligence and Cyber Risk

The power of AI is creating new and evolving cyber risks. This article explores those risks, the legal landscape and consequences for organizations in the UK and US that fail to implement sufficient cyber protections, and the… more

Artificial Intelligence, Chief Information Security Officer (CISO), Cyber Attacks, Cyber Threats, Cybersecurity

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Christine Claffey

[Hybrid Event] 2025 Arizona Last Chance CLE - June 25th, Phoenix, AZ

Don't let the June 30th deadline sneak up on you! Ensure you meet your MCLE requirements with our all-day CLE event. This year’s Last Chance CLE offers a diverse array of engaging sessions covering key topics and recent legal… more

Artificial Intelligence, Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Disputes

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Louisa Clark

Move Over Cannabis, the Movement to Legalize Psychedelic Mushrooms Is Ready to Share the Spotlight

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

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Michael Clark

DOJ Unleashes New Health & Safety Unit: Anticipate Augmented Criminal Enforcement for Certain Regulated Industries

The U.S. Department of Justice (DOJ) has escalated its criminal enforcement efforts with the formation of the new Health & Safety Unit (HSU) within its Criminal Division’s Fraud Section, effective December 2, 2025… more

Consumer Product Safety Act (CPSA), Consumer Product Safety Commission (CPSC), Criminal Prosecution, Department of Justice (DOJ), Executive Orders

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Theodore Claypoole

Negotiating AI Agreements with Vendors

Does your company need to install AI functionality into its systems? Are you receiving AI models from vendors without knowing about it?… more

Algorithms, Artificial Intelligence, Best Practices, Contract Negotiations, Contract Terms

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Amy Clayton

South Carolina’s Alphabet Soup Part II: ATIs and FILOTs after South Carolina’s Tax Code Amendments

Our previous Client Alert discussed assessable transfers of interest or “ATIs” and Fee in Lieu of Tax “FILOT” Agreements in the aftermath of significant amendments to South Carolina’s Tax Code in 2022. As discussed previously,… more

Agricultural Land, Exemptions, Land Transfer Taxes, Property Tax, Realty Transfer Taxes

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Sharon Clayton

Use of Modifier 25 - 2017 Medicare Physician Fee Schedule Proposed Rule

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

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Gerard Clodomir

The FTC’s Continued Attack on Noncompete Agreements (Industry Today)

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, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Andrew Coburn

New DoD Pilot Program Could Boost Opportunities for Employee-Owned Businesses

On May 30, 2024, the Department of Defense (“DoD”) published a Proposed Rule to establish a Pilot Program to Incentivize Contracting with Employee-Owned Businesses. The Proposed Rule would benefit contractors that are owned… more

Department of Defense (DOD), DFARS, Employee-Ownership, ESOP, Federal Contractors

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Richard Cockburn

WBD Energy Survey and the Innovation Interchange: The Energy Transition for Non-Energy Companies

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… more

Clean Energy, Climate Change, Construction Industry, Critical Infrastructure Sectors, Electric Vehicles

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Lori Cohen

He Has His Heart of Gold... Why Not a Chrome Heart, Too?

Earlier this month, Chrome Hearts, the luxury goods retailer known for jewelry and apparel sued musician Neil Young and the individual members of the band Young has been touring with for the last year, The Chrome Hearts, for… more

Consumer Confusion, Entertainment Industry, Fashion Industry, Lanham Act, Likelihood of Confusion

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Jennifer Collins

The Benefits, Concerns and Considerations of Remote Depositions and Mediations in the COVID-19 Climate

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

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Hillary Colonna

Key Components of DOL Fiduciary Rule Delayed Through 2019

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

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Todd Conley

Critical Performance Guarantees in Data Center Construction Contracts – and Risk Mitigation Strategies

As demand for hyperscale and colocation facilities accelerates, data center developers face increasing pressure to timely deliver projects that meet stringent reliability and operational benchmarks… more

Construction Contracts, Construction Industry, Contract Terms, Data Centers, Delay Claims

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James Connelly

Betting on the Future: Enforcement Risks in Prediction Markets

Last month, the world watched two remarkable events unfold in quick succession: the U.S. operation that led to the capture of Nicolás Maduro and the Polymarket trader who turned a $400,000 profit by correctly predicting that… more

CFTC, Department of Justice (DOJ), Designated Contract Markets (DCMs), Enforcement Actions, Insider Trading

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Tyler Connor

…But Wait, There’s More!

With 2025 right around the corner, eight additional U.S. state privacy laws will go into effect, joining California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia… more

Amended Legislation, Consumer Privacy Rights, New Legislation, Personal Data, Sensitive Personal Information

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David Contreiras Tyler

Prospects for Latin American Finance Under a Second Trump Administration

Latin American economies are uniquely positioned due to their geographical proximity to the United States, extensive economic integration, significant immigration patterns and potential for growth. The U.S. serves as the… more

Banking Sector, Bond Markets, Environmental Social & Governance (ESG), Equity Markets, Exports

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John Cooke

New Year Resolutions Triggered by Senate Bill 382

After the North Carolina General Assembly overrode Governor Cooper’s veto of Senate Bill 382, which became Session Law 2024-57 (the “New Law”), we published a client alert describing the state-wide effect of the New Law… more

Administrative Authority, Community Development, Congressional Override, Governor Vetoes, Land Developers

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James Cooney, III

The Benefits, Concerns and Considerations of Remote Depositions and Mediations in the COVID-19 Climate

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

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Susan Cooper

EPA Publishes Direct Final Rule on New ASTM Standard for Phase I All Appropriate Inquiries

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 Protection Agency (EPA), Environmental Site Assessment

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Megan Corry

FCC Tightens Lead Generator TCPA Consent Requirements, Adopts Texting Do-Not-Call and “Red Flag” Text Blocking Rules, and Seeks Comment on Additional Texting Measures

On December 18, 2023 the FCC released a Second Report and Order, Second Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order, which it considered and adopted at its December Open Meeting, furthering what it… more

Call Blocking, Comment Period, Do Not Call List, Email, Enforcement Authority

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Katherine Costella

Arizona 2025 Tax Developments: A Year-End Review

Beginning last January 1, 2025, Arizona property owners were no longer required to collect and remit city Transaction Privilege Tax (TPT) on residential rental income for long-term stays of 30 consecutive days or more… more

City Taxes, Landlords, Municipalities, New Legislation, Property Owners

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Jonathan Cote

The Major Shift into Minority Investments

The venture capital markets are experiencing a prolonged expansion in both the number and type of investors willing to make minority (non-controlling) investments. This heightened competition for investment opportunities and the… more

Due Diligence, Investors, Minority Equity Investments, Portfolio Companies, Private Equity

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Cristin Cowles Ph.D.

Supreme Court Focuses Scope of Patent Enablement - What Patent Owners Need to Know

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

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Daniel Crane

[Hybrid Event] 2025 Arizona Last Chance CLE - June 25th, Phoenix, AZ

Don't let the June 30th deadline sneak up on you! Ensure you meet your MCLE requirements with our all-day CLE event. This year’s Last Chance CLE offers a diverse array of engaging sessions covering key topics and recent legal… more

Artificial Intelligence, Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Disputes

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Sarah Daun

Data bridge over the Atlantic

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

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Jill Davidson

The One Big Beautiful Bill: A Bonus for Equipment Finance

The One Big Beautiful Bill Act was signed into law by President Donald Trump on July 4, 2025. The OBBB offers material benefits to the players in the equipment finance industry including lessors, lessees, lenders, borrowers,… more

Bonus Depreciation, Clean Energy, EBITDA, Energy Storage, Equipment Lease

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Joshua Davis

How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing… more

Imports, Intellectual Property Litigation, Intellectual Property Protection, International Trade Commission (ITC), Misappropriation

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Kevin Davis Ph.D.

How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing… more

Imports, Intellectual Property Litigation, Intellectual Property Protection, International Trade Commission (ITC), Misappropriation

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William Dawson III

South Carolina’s Alphabet Soup: ATIs and FILOTs after South Carolina’s Tax Code Amendments

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

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Alexandre De Gramont

International Arbitration: What You Need to Know for 2025

As 2025 gets underway, Womble Bond Dickinson has been taking stock of the major international arbitration developments from last year that are likely to affect our clients with international business. In 2024, we saw… more

Arbitration Agreements, Corporate Counsel, Dispute Resolution, Energy Charter Treaty, Energy Policy

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Andrew De Holl

FDA Wields Additional Import Power for First Time

Reports of radioactive frozen shrimp have recently made headlines. But the bigger story may be how the FDA is responding and what that could mean for the future of imported food… more

Certification Requirements, Customs and Border Protection, Enforcement Actions, Enforcement Authority, Federal Food Drug and Cosmetic Act (FFDCA)

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Bradford De Vore

New N.C. Regulatory Proposal Puts Burden of PFAS Clean-Up Costs on Polluters, Not Ratepayers

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

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Kean DeCarlo

Inventor Assignments – Problems on the Horizon

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)

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M. Rhett DeHart

[Webinar] Second Annual Health Care Fraud Symposium - December 10th, 12:30 pm - 2:30 pm ET

Heath care fraud remains a top priority for the DOJ. This year’s National Health Care Fraud Takedown was the biggest in United States history, resulting in the prosecution of 324 defendants in connection with over $14.6 billion… more

Banking Sector, C-Suite Executives, Civil Investigation Demand, Continuing Legal Education, Criminal Investigations

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Matthew Delfino

Is Your Mentor-Protégé Program Joint Venture Agreement Compliant with SBA’s Regulations? It May Not Be.

Many joint venture (JV) contractors have spent weeks of painstaking effort developing proposals only to learn later after winning a significant contract award that they are ineligible because of the failure to follow the… more

Contract Terms, Federal Contractors, Joint Venture, Mentor-Protege Program, Regulatory Requirements

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Gary DePalo

SEC Alters Shareholder Proposal Landscape

On November 17, 2025, the Division of Corporation Finance (the “Division”) of the Securities and Exchange Commission (the “SEC”) issued a statement announcing a seismic change to its review of shareholder proposals for the… more

Corporate Governance, Disclosure Requirements, No-Action Letters, Proxy Season, Rule 14a-8

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Pat Derdenger

Arizona 2025 Tax Developments: A Year-End Review

Beginning last January 1, 2025, Arizona property owners were no longer required to collect and remit city Transaction Privilege Tax (TPT) on residential rental income for long-term stays of 30 consecutive days or more… more

City Taxes, Landlords, Municipalities, New Legislation, Property Owners

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Donald Detweiler

Update on Silicon Valley Bank Failure and Recent Actions Taken by the Federal Government to Strengthen Confidence in the U.S. Banking System

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

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Scott DeWald

Court Ruling Reinstates Corporate Transparency Act Enforcement; Filing Deadlines Now Set

On February 18, 2025, the nationwide injunction against enforcing the Corporate Transparency Act (CTA) was “stayed” by Eastern District Court Judge Jeremy Kernodle (citing the Supreme Court’s ruling in Texas Top Cop Shop), and… more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, Filing Deadlines, FinCEN

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Eleni Diamantopoulou

Powering The Future: The UK's Nuclear Revolution

This is the eighth article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled “Going Nuclear: A Sustainable Solution to Rising Energy Demand.” The series will explore the changing landscape of… more

Artificial Intelligence, Clean Energy, Clean Power Plan, Economic Development, Energy Policy

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Ian Dickinson

Supreme Court Overrules Chevron in Far-Reaching Decision Limiting the Power of Administrative Agencies

On June 28, 2024, the Supreme Court issued its eagerly anticipated rulings in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce and explicitly overruled the doctrine of “Chevron deference,”… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Andrew Dixon

Corporate Transparency Act Compliance Still on Hold, For Now

On January 23, the U.S. Supreme Court lifted a nationwide preliminary injunction on the enforcement of the Corporate Transparency Act (the CTA), a law requiring millions of business entities to report information about their… more

Anti-Money Laundering, Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Sam Dixon

CTA UPDATE: No Action Needed Yet - Mandatory CTA Filings are “OFF” For Now

On December 26, 2024, the Court of Appeals for the Fifth Circuit VACATED a ruling early this week to stay the nationwide injunction enjoining the U.S. government from enforcing the Corporate Transparency Act (the “CTA”) and the… more

Appeals, Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act

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Emma Donachie

Steel Production Expansion through the One Big Beautiful Bill Act

The One Big Beautiful Bill Act, signed into law on July 4, 2025, has been acknowledged as a sweeping clean energy and industrial policy. Much of the attention has focused on wind, solar, and battery storage, but buried within… more

Clean Energy, Coal Industry, Department of Energy (DOE), Energy Sector, Internal Revenue Code (IRC)

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James Dority

Federal Circuit Clarifies Claim Construction at the Pleading Stage

Many lower courts have interpreted the Federal Circuit’s Nalco decision to hold that claim construction is inappropriate at the motion to dismiss stage. But the Federal Circuit’s recent UTTO decision clarified that claim… more

Appeals, Claim Construction, Intellectual Property Litigation, Intellectual Property Protection, Motion to Dismiss

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Thomas Dougherty

Unlocking the Potential of Spent Nuclear Fuel - Renewed Interest in Reprocessing and Recycling in the United States

This is the tenth article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled “Going Nuclear: A Sustainable Solution to Rising Energy Demand.” The series will explore the changing landscape of… more

Biden Administration, Department of Energy (DOE), Energy Policy, Executive Orders, Federal Funding

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Christina Upton Douglas

The Intersection of Genetics and Law: Navigating New Frontiers

Imagine a couple undergoing in-vitro fertilization with the option to select embryos based on their predicted IQ scores. Embryo 1, 2, or 3? Which one will be smarter?… more

Biotechnology, Emerging Technologies, Ethics, Genetic Markers, Genetic Testing

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Michael Dow

Green Finance Is Infrastructure: The $100 Billion Opportunity for Green Banks

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

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Malcolm Dowden

Brexit: A pre-Christmas election?

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

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Christine Dupriest

[Event] Mastering Innovation Through Intellectual Property: Strategies for Every Sector - May 7th, Denver, CO

Join IP Partners Preston Heard, Barry Herman, and Christy Dupriest in Denver on Tuesday, May 7th at 4:30pm (MDT) for drinks and discussion on effective IP strategies. In a social and casual setting, learn how to safeguard your… more

Continuing Legal Education, Energy Sector, Events, Health Care Providers, Innovation

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Vicky Dyster

Striking the Balance: Permitting Reforms for Mining & the Energy Transition

In an era marked by the transition to greener energy sources, there is an intricate dance between achieving net-zero emissions and the critical role mining plays in this endeavor. This compilation of articles titled “Striking… more

Climate Change, Consultation, EU, Greenhouse Gas Emissions, Minerals

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Amy Eames

GDPR Compliance Task Force - One Month to Go

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)

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Arthur Ebbs

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the County’s… more

Adverse Possession, Appeals, Damages, Drainage, Easements

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Jacob Edwards

What to Expect from DOJ’s New Enforcement & Affirmative Litigation Branch

As announced on September 25, 2025, the longstanding Consumer Protection Branch of the Department of Justice was formally dissolved and replaced by the new Enforcement & Affirmative Litigation Branch… more

Consumer Protection Laws, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Authority, False Claims Act (FCA)

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L. Neill Edwards

South Carolina’s Alphabet Soup Part II: ATIs and FILOTs after South Carolina’s Tax Code Amendments

Our previous Client Alert discussed assessable transfers of interest or “ATIs” and Fee in Lieu of Tax “FILOT” Agreements in the aftermath of significant amendments to South Carolina’s Tax Code in 2022. As discussed previously,… more

Agricultural Land, Exemptions, Land Transfer Taxes, Property Tax, Realty Transfer Taxes

See all updates »

David Efird

The Vineyard Wind Supplemental EIS – A Strongly Positive Signal for the Growth of US Offshore Wind Industry and Supply Chain

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

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Ryan Ellard

First Class Action Filed Under Washington’s MY Health MY Data Act Draws Parallels to Previous SDK Litigation

On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261… more

Amazon, Class Action, Consent, Consumer Privacy Rights, Consumer Protection Laws

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Morris Ellison

E-Commerce’s Impact on Small Business in the Age of COVID-19

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

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Angela Ennis

Trade Update: Navigating Trump Administration Tariffs - May 2025 Developments

Since the April 9, 2025 pause on the application of the Trump administration’s “reciprocal” tariffs, which we included in our most recent update, several additional developments have occurred which materially impact the… more

Canada, China, International Emergency Economic Powers Act (IEEPA), International Trade, Mexico

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Alan Enslen

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Jennifer Erickson Ammirati

SEC Marketing Rule: Fintech Enforcement Actions

This alert highlights recent artificial intelligence (AI)-related enforcement actions that the Securities and Exchange Commission (SEC) has brought against investment advisers under the SEC's "Marketing Rule." The enforcement… more

Algorithms, Artificial Intelligence, Enforcement Actions, FinTech, Fund Managers

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Michelle Essen

How to Navigate Pitfalls in Major Projects

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

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B. Chad Ewing

CARES Act Amends Furnishers’ Duties Under FCRA

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, Fair Credit Reporting Act (FCRA), Financial Services Industry

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Kelsey Ewing

European Patent Holders Should Address Opt-Out Question Before Unified Patent Court Begins Operations

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

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Taylor Ey

Texas Settles Constitutional Challenge to the Texas Mini-TCPA: What This Means

Are you sending marketing text messages or placing telemarketing calls to individuals in Texas? If so, then you’ve probably been tracking the amendments to the Texas mini-TCPA, which took effect on September 1, 2025. Below we… more

Constitutional Challenges, Consumer Protection Laws, Corporate Counsel, Private Right of Action, Registration Requirement

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Victoria Ferguson

Weathering the Storm: Contract Strategies for Supply Chain Resilience in the UK and US

In the post-Covid era, we are all familiar with the concept of supply chain disruption. International supply chains have been impacted by war in Ukraine, geopolitical tensions, extreme weather events and climate change. They are… more

Business Interruption, Corporate Counsel, Distributors, Force Majeure Clause, Manufacturers

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Rebecca Fleishman

How “Accessible” is Your Website? Resolve to Prioritize Digital Accessibility in the New Year and Avoid a Lawsuit

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

Americans with Disabilities Act (ADA), Audits, Biden Administration, Disability Discrimination, Enforcement Priorities

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Jonathon Fligg

FDA Sets Action Levels For Lead

A year ago, the FDA issued draft guidance for lead levels in baby foods. In the year since the FDA issued its draft guidance for lead levels in baby food, two states, California and Maryland, have adopted laws which require baby… more

Baby Products, Compliance, Consumer Protection Laws, Final Rules, Food and Drug Administration (FDA)

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Paul Fogleman

The Race to Renew: North Carolina Addresses Recording Requirements for Binding Lease Renewal Options

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

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Newton Fowler, III

The ReSET – The Racial Wealth Divide in Baltimore

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

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Satchel Fowler

Sixth Circuit Provides Clarity about Application of Attorney-Client Privilege and Work-Product Doctrine to Internal Investigations

Business entities facing civil, criminal, or regulatory threats frequently turn to law firms to conduct internal investigations, which can be critical in formulating an appropriate response. A recent ruling from the Southern… more

Appellate Courts, Attorney-Client Privilege, Bribery, Discovery, Indictments

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Jamile Francis, III

Five Good Tips (and One Great One) For Hiring an Alternative Legal Service Provider

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

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Mason Freeman

New York Attorney General Sues JBS for its Climate Claims

New York State Attorney General Letitia James has filed a lawsuit against beef producer JBS in state court. The allegations center around JBS’s allegedly misleading marketing claims related to its commitment to reduce climate… more

Advertising, Agricultural Sector, Climate Change, Environmental Social & Governance (ESG), False Advertising

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Steven French

USPTO to Discontinue Accelerated Examination Program for Utility Patents on July 10, 2025

The U.S. Patent and Trademark Office (USPTO) has announced that, as of July 10, 2025, it will discontinue accepting petitions under the Accelerated Examination (AE) program for utility patent applications. However, petitions… more

Accelerated Examination Program, Design Patent, Filing Deadlines, Patent Applications, USPTO

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Louis Froelich

Crypto Regulatory Roundup - Q1 2025

Since President Trump’s inauguration, the crypto industry has been on a tear. And no, this time, we’re not just talking about the price of Bitcoin. In the past two months, Washington D.C. has taken a deliberate interest in the… more

Banking Sector, Banks, CFTC, Cryptocurrency, Digital Assets

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John Gambaccini

DOJ Unveils New M&A Safe Harbor Policy & Signals Resource Surge

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

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Damian Georgino

[Webinar] Data Center Legal Issues - December 18th, 11:00 am - 1:00 pm EST

Join us for a Womble Bond Dickinson webinar tailored for private equity and data center professionals. Discover the latest legal insights and strategies to navigate the complex landscape. We will explore the critical legal… more

Construction Contracts, Data Centers, Debt Financing, Economic Development, Equity Financing

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Julie Giardina

Design Patent Obviousness

The landscape of design patent law has recently evolved with the introduction of a new standard for determining obviousness. For decades, the Rosen-Durling test was used to assess obviousness of design patents… more

Design Patent, General Motors, Graham Factors, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding

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Jenny Gibbs

Artificial Intelligence and Cyber Risk

The power of AI is creating new and evolving cyber risks. This article explores those risks, the legal landscape and consequences for organizations in the UK and US that fail to implement sufficient cyber protections, and the… more

Artificial Intelligence, Chief Information Security Officer (CISO), Cyber Attacks, Cyber Threats, Cybersecurity

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Ryan Gillcrist

FCC Grants University of Utah Waiver for Innovative Wireless Research Applications

The Federal Communications Commission’s Wireless Telecommunications Bureau (Bureau) recently granted the University of Utah a conditional waiver of the FCC’s security and equipment authorization requirements… more

Broadband, FCC, Innovative Technology, Public Wireless Networks, R&D

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Peter Given

GDPR Compliance Task Force - One Month to Go

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)

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Alisa Givental

California Supreme Court Clarifies Arbitration Waiver Rule: Not as Draconian as It Seems

The use of arbitration clauses in employment and consumer-related contracts is ubiquitous. California law requires companies facing employment and consumer claims in arbitration to pay arbitration fees and costs within 30 days… more

Arbitration Agreements, Arbitration Fees, CA Supreme Court, Cal Code of Civil Procedure, Contract Interpretation

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Jeff Golimowski

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate… more

Commercial Real Estate Contracts, Construction Contracts, Contract Terms, Data Centers, Environmental Social & Governance (ESG)

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Tara Gorman

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate… more

Commercial Real Estate Contracts, Construction Contracts, Contract Terms, Data Centers, Environmental Social & Governance (ESG)

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Colin Graham

[Webinar] Energy Outlook 2026: Resilience, Risk, and the Road Ahead - February 12th, 10:00 am - 11:00 am ET

Escalating demand, rising costs, shifting policy, and tech-driven disruption are transforming the energy landscape. Join us virtually for the launch of our global Energy Outlook 2026 report featuring insights from senior… more

Artificial Intelligence, Continuing Legal Education, Data Centers, Energy Costs, Energy Market

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John Gray

Arizona Court of Appeals Affirms Dismissal of Arizona “Spy Pixel” Class Action

We advised last year that plaintiffs had initiated a new wave of CIPA-like privacy litigation under Arizona’s Telephone, Utility and Communication Service Records Act, A.R.S. § 44-1376.01 (the “TUCSRA”). We are now pleased to… more

Appeals, CIPA, Class Action, Consumer Privacy Rights, Email

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Peter Gregory

FCC Registration Number (FRN) Holders Take Note: Update Records Within 10 Days or Face $1000 Per Day Fine

In a little noticed FCC rule change that went into effect on February 5, any entity that has an FCC Registration Number (FRN) faces a $1,000 per day penalty for the failure to update its registration information in the FCC’s… more

Amended Rules, FCC, Filing Deadlines, Penalties, Registration Requirement

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Victoria Grieshammer

State Leave Laws Continue to Expand in 2026: What Multistate Employers Should Know

The new year, as always, bring with it new developments in labor and employment law. Likewise, the ever-growing labyrinth of state and local paid leave laws, including paid sick leave and family and medical leave laws, continues… more

Corporate Counsel, Employee Benefits, Employer Responsibilities, Employment Policies, Multistate Employers

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Edward Griggs

Transfer Taxes and the Tax Act: An Overview and Three Possible Responses

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

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Daniel Grigore

Ninth Circuit Clarifies DTSA’s Trade Secret Identification Requirements

In an August 12, 2025 decision, the Ninth Circuit emphasized important differences between the federal Defend Trade Secrets Act (“DTSA”) and the California Uniform Trade Secrets Act (“CUTSA”)—differences which might… more

Appellate Courts, Cal Code of Civil Procedure, Corporate Counsel, Defend Trade Secrets Act (DTSA), Disclosure Requirements

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Philip Gura

The Churl Nextdoor

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

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Ana Maria Gutiérrez

EPA and Army Corps Propose Narrower Definition of “Waters of the United States”

On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers released a proposed rule to update the definition of “waters of the United States” (WOTUS) under the Clean Water Act… more

Clean Water Act, Comment Period, Environmental Protection Agency (EPA), NPDES, Proposed Rules

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Christopher Gyves

Remote Shareholders’ Meetings Authorized and Encouraged for North Carolina Corporations in COVID-19 Environment

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

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Christopher Hall

Strategies to Argue Patentable Subject Matter per USPTO Eligibility Memo

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

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Kevin Hall

Addressing Government Subpoenas

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

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Erica Halstead

F-Word as a Trademark? Federal Circuit Leaves the Door Open as it Vacates TTAB’s Decision

Last year, we told you about the Trademark Trial and Appeal Board (“TTAB”) refusing to register a trademark for the “F-Word” on cell phone cases, luggage, jewelry, and other goods. On August 25, the Federal Circuit said, “Not so… more

Appeals, Appellate Courts, CAFC, First Amendment, Iancu v. Brunetti

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Stacy Hampel

[Webinar] AI Intensive Summit: Playbook for Innovation and Risk Mitigation - May 20th, 12:00 pm - 3:30 pm ET

AI is transforming business and industry virtually overnight, and many leaders are left asking, “What do I do next?” Womble Bond Dickinson’s virtual summit – AI Intensive: Playbook for Innovation and Risk Mitigation – will… more

Artificial Intelligence, Continuing Legal Education, Copyright, Data Mining, Data Privacy

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Debbie Harden

Remote Shareholders’ Meetings Authorized and Encouraged for North Carolina Corporations in COVID-19 Environment

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

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Stephen Hart

The Seminole Tribe of Florida wins in West Flagler Associates v. Haaland

After three long years, the Seminole Tribe of Florida, a leader in the fight for Tribal gaming rights, appears to have just won its latest battle – this one over a Tribe’s ability to offer mobile sports betting throughout the… more

Department of the Interior, Equal Protection, Gaming, Indian Gaming, Indian Gaming Regulation Act

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R. Kyle Hawes

Open for Business: Texas Business Court Exceeds Early Expectations

Nearly one year in, the Texas Business Court has been an unqualified success. Despite early skepticism, the Court, which started accepting cases on September 1, 2024, has lived up to its goal of moving business litigation in a… more

Business Court, Business Litigation, Jurisdiction, New Legislation

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John Hawk IV

FCRA filings rose sharply over past decade

Lex Machina released its first “Consumer Protection Litigation Report” on October 23, 2019, and it confirms what we already know: FCRA cases increased dramatically over the past decade… more

Annual Filings, Credit Reporting Agencies, Debt Collection, Fair Credit Reporting Act (FCRA)

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Sonny Haynes

Be Reasonable: Qualified Immunity, After-Discovered Facts, and the Case of Hernandez v. Mesa

In some form or fashion, law students learn that the words “reasonable man” denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the protection… more

Abuse of Power, Border Security, Excessive Force, Fifth Amendment, Fourth Amendment

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Lorraine Heard

Mind the gap across the Atlantic – the gender pay gap in the UK and the US

Lorraine Heard, legal director at Womble Bond Dickinson (UK) LLP, sets out the background to the new legal requirement that obliges large UK employers to report their gender pay gaps. Theresa Sprain, partner at Womble Bond… more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender Discrimination, Gender Equity

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Preston Heard

USPTO Removes Reliance on Applicant Admitted Prior Art in IPR Proceedings

On July 31, 2025, the acting Director of the United States Patent and Trademark Office (USPTO) published a memorandum making a significant change in Patent Trial and Appeal Board (PTAB) inter partes review (IPR) practice and… more

Amended Rules, Examination Procedures, Inter Partes Review (IPR) Proceeding, New Guidance, Patent Invalidity

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Grace Hearn

EPA and Army Corps Propose Narrower Definition of “Waters of the United States”

On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers released a proposed rule to update the definition of “waters of the United States” (WOTUS) under the Clean Water Act… more

Clean Water Act, Comment Period, Environmental Protection Agency (EPA), NPDES, Proposed Rules

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Mark Henriques

Legal AI Arms Race Continues

Law firms and large in-house teams are continuing to invest in AI products, and that rate is only expected to grow. However, the spend is still a tiny fraction of the total legal market, which is over $450 billion in the US… more

Alternative Fee Arrangements, Artificial Intelligence, Automation Systems, Business Strategies, Emerging Technologies

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Barry Herman

How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing… more

Imports, Intellectual Property Litigation, Intellectual Property Protection, International Trade Commission (ITC), Misappropriation

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Howard Herndon

Bridging the Gap: Applying Anti-Money Laundering Techniques and AI to Combat Tariff Evasion

In today's global economy, characterized by complex supply chains and escalating trade tensions, tariff evasion has emerged as a significant threat to economic stability, fair competition, and government revenue. Traditional… more

Anti-Money Laundering, Artificial Intelligence, Customs, Enforcement, Evasion

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Matthew Hickman

USCIS Becomes the Department of Homeland Security’s Newest Law Enforcement Agency

On September 5, 2025, the Department of Homeland Security (“DHS”) announced its Final Rule implementing Secretary of Homeland Security Kristi Noem’s recent delegation of her law enforcement authority to the Director of United… more

Customs and Border Protection, Department of Homeland Security (DHS), Enforcement Actions, Executive Orders, Final Rules

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Jack Hicks

Federal Trade Commission Strikes Against “Crafted in America” Language

As previously reported by Home Textiles Today, the Federal Trade Commission (FTC) has announced a “record civil penalty” of $3.175 million against a retailer who failed to tell the truth about whether the products it sells were… more

Advertising, Civil Monetary Penalty, Compliance, Country of Origin, Customs and Border Protection

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Jason Hicks

A Practical Guide for the Approval of New Games and Game Variations in Nevada

In Nevada, a game inventor or “developer” cannot offer a table game for play unless it qualifies as a “game” or “gambling game,” as defined by the Gaming Control Act (the “Act”), or unless the Nevada Gaming Commission (the… more

Gambling, Gambling Licenses, Gaming Commissions, Gaming Control Boards, Licensing Rules

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Alexander Hill

Corporate Transparency Act Compliance Still on Hold, For Now

On January 23, the U.S. Supreme Court lifted a nationwide preliminary injunction on the enforcement of the Corporate Transparency Act (the CTA), a law requiring millions of business entities to report information about their… more

Anti-Money Laundering, Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Keith Hinder Jr.

[Event] Best Practices for Lease Reviews and Negotiations – Items to Consider Before Your Company Signs That Lease - July 26th, Baltimore, MD

This event is only open to in-house counsel. Join ACC Baltimore and Womble Bond Dickinson for a luncheon presentation focusing on commercial office lease provisions/clauses that require close attention to limit restrictions and… more

Best Practices, Commercial Contracts, Commercial Leases, Contract Negotiations, Corporate Counsel

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Cathy Hinger

“Carrots & Sticks”: Individual Accountability in Corporate Criminal Enforcement Remains a Top DOJ Priority

On March 3, 2022, at the 37th Annual American Bar Association Criminal Justice Section National Institute on White Collar Crime in San Francisco, Attorney General Merrick B. Garland emphasized that “the prosecution of corporate… more

Antitrust Violations, CARES Act, Centers for Medicare & Medicaid Services (CMS), CFTC, Compliance

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Taylor Hite

The Supreme Court Ends Nationwide Injunctions - Now What?

You’ve probably heard about the Supreme Court’s decision in Trump v. CASA, Inc.—the “birthright citizenship case.” But the Court actually didn’t decide anything about who is a citizen… more

Administrative Procedure Act, Class Action, Executive Orders, Injunctions, Jurisdiction

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Dietrich Hoefner

Steel Production Expansion through the One Big Beautiful Bill Act

The One Big Beautiful Bill Act, signed into law on July 4, 2025, has been acknowledged as a sweeping clean energy and industrial policy. Much of the attention has focused on wind, solar, and battery storage, but buried within… more

Clean Energy, Coal Industry, Department of Energy (DOE), Energy Sector, Internal Revenue Code (IRC)

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Matthew Homan

Private Equity Transactions Face Increased Antitrust Scrutiny

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

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Greg Horton

General Liability Considerations and Potential Exposure in Reopening from COVID-19 Shutdown

After weeks of business closures and stay-at-home orders, many states are slowly beginning to allow businesses to reopen their doors—usually with significant modifications from “business as usual,” but with more freedom to… more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Re-Opening Guidelines, Social Distancing

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Patrice Howard Ph.D.

Guide to Buying Buildings From the Federal Government

The federal government’s recent policy changes and accelerated disposition of surplus properties have created significant new opportunities for commercial real estate investors. As the Trump administration actively works to… more

Commercial Real Estate Market, Deregulation, Executive Orders, Federal Acquisition Regulations (FAR), Federal Property and Administrative Services Act (FPASA)

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Art Howson

Financing and Debt Issuance for Data Center Developers: Insights from Womble Attorneys

Data center developers face a myriad of challenges when it comes to financing and debt issuance. In this blog post, Womble Of Counsel Barlow Keener delves into the intricacies of these topics with Womble Of Counsel David… more

Capital Markets, Commercial Loans, Commercial Real Estate Contracts, Data Centers, Financial Institutions

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Ting-Yu Huang

2025 DOJ Fraud Section Year in Review: Sustained High-Impact Enforcement, Organizational Expansion, and Priorities for 2026

The Fraud Section of the U.S. Department of Justice’s (DOJ) Criminal Division released its 2025 Year in Review, highlighting a historic year of white-collar enforcement… more

Anti-Corruption, Cryptocurrency, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Christy Hubbard

The Seminole Tribe of Florida wins in West Flagler Associates v. Haaland

After three long years, the Seminole Tribe of Florida, a leader in the fight for Tribal gaming rights, appears to have just won its latest battle – this one over a Tribe’s ability to offer mobile sports betting throughout the… more

Department of the Interior, Equal Protection, Gaming, Indian Gaming, Indian Gaming Regulation Act

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William Hubbard

The Uncertain Future of Patent Eligibility

For many companies in many industries, patents are an important tool for driving innovation. At the same time, patents limit competition, so that companies must also be wary of their competitors’ patent portfolios. The result is… more

Bilski, CLS Bank v Alice Corp, Intellectual Property Protection, Kappos, Patent Applications

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Christopher Humphrey

State Universities May Use Sovereign Immunity Defense in IPRs

The University of Florida picked up some big wins in the NCAA Men’s Basketball Tournament, moving into the tourney’s Sweet Sixteen. But the Gators also earned a big patent dispute victory recently in Covidien LP v. University of… more

Dismissals, Eleventh Amendment, Exclusive Licenses, Inter Partes Review (IPR) Proceeding, IP License

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John Nathan Hunter

BEAD Program to Drive Rural Broadband, Economic Development and Onshoring of Foreign Businesses in Key Southeastern States

Providing fast, reliable broadband service in 2023 is every bit as important as providing electricity was in 1933 in rural America. Without high-quality broadband, rural areas (many of which already face economic challenges)… more

Biden Administration, Broadband, Critical Infrastructure Sectors, Economic Development, Federal Funding

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Katie Hyman

Mexico Adopts Controversial Judicial Reform - What You Need to Know to Protect Your Business

As has been widely reported, Mexico recently adopted a constitutional amendment to overhaul its judiciary—most notably requiring popular elections for judges at all levels of the Mexican court system. Observers have widely… more

Constitutional Amendment, Dispute Resolution, Foreign Investment, Judges, Judicial Appointments

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Scott Hyman

Navigating California’s New Arbitration Landscape: Understanding SB 82 and Its Potential Impact

California Governor Gavin Newsom recently signed Senate Bill (SB) 82 into law, introducing significant changes that could reshape the enforcement of arbitration clauses in California consumer agreements. This legislation,… more

Arbitration, Arbitration Agreements, Consumer Contracts, Contract Drafting, Dispute Resolution

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James Ignotus

How to Navigate Pitfalls in Major Projects

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

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Mike Ingersoll

Settlement Approval in House v. NCAA

On Friday evening, Northern District of California Senior District Court Judge Claudia Wilken granted final approval in the highly publicized House v. NCAA antirust class action litigation. The settlement agreement provides for… more

Antitrust Litigation, Antitrust Violations, Class Action, College Athletes, Compensation

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David Jackson

[Hybrid Event] 2025 Arizona Last Chance CLE - June 25th, Phoenix, AZ

Don't let the June 30th deadline sneak up on you! Ensure you meet your MCLE requirements with our all-day CLE event. This year’s Last Chance CLE offers a diverse array of engaging sessions covering key topics and recent legal… more

Artificial Intelligence, Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Disputes

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Andrew Jacobsohn

Arizona Voters Modify Creditors' Remedies with Passage of Proposition 209 - Update

UPDATED 5/30/2024: Prop. 209 became law on December 5, 2022, but was immediately challenged by the Arizona Creditors Bar Association and several other organizations as unconstitutionally vague and internally inconsistent. Prop… more

Amended Legislation, Appeals, Arizona, Creditors, Debt Collection

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Danny Jeffrey

Navigating the AI investment landscape: strategic considerations in AI business acquisitions

Artificial intelligence, although still in its infancy, is continuing to evolve rapidly and proving to be one of the most dynamic and transformative technologies of our time. As AI technologies continue to develop, so too does… more

Acquisitions, Artificial Intelligence, Data Privacy, Due Diligence, Innovation

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Kirk Jenkins

Deregulation: Uncertainty and Opportunity

The Trump administration has recently issued a series of Executive Orders on “deregulation,” directing federal agencies to review, rescind, and modify existing federal regulations. This regulatory overhaul presents both… more

Administrative Procedure Act, Chevron Deference, Executive Orders, Loper Bright Enterprises v Raimondo, Non-Delegation Doctrine

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Andrew Jerrard

[Webinar] AI Intensive Summit: Playbook for Innovation and Risk Mitigation - May 20th, 12:00 pm - 3:30 pm ET

AI is transforming business and industry virtually overnight, and many leaders are left asking, “What do I do next?” Womble Bond Dickinson’s virtual summit – AI Intensive: Playbook for Innovation and Risk Mitigation – will… more

Artificial Intelligence, Continuing Legal Education, Copyright, Data Mining, Data Privacy

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Aaron Johnson

The IP of Everything Podcast - Episode 22 - The IP of Dog Toys

Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large… more

Dilution, Fair Use, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC

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Kate Johnson

Litigation Funding: The Good, The Bad, The Future

Third party litigation funding is the process where third party funders provide money to a plaintiff or to plaintiff’s counsel in exchange for a cut of the proceeds resulting from the underlying litigation or settlement. Until… more

Access To Justice, Disclosure Requirements, Ethics, Intellectual Property Litigation, Legal Ethics

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Beth Tyner Jones

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Christopher Jones

Wage Fixing & Anti-Poaching Defense: Feds Take New, Aggressive Stand on No-Poach/Non-Solicit Agreements

Federal regulators are taking an increasingly hard line on what are normally ordinary business operations that regulators view as suppressing wages and competition. Antitrust issues can arise in every aspect of your… more

Anti-Competitive, Antitrust Division, Compliance, Criminal Liability, Department of Justice (DOJ)

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Jane Jeffries Jones

Recent Whistleblower Enforcement Actions Highlight SEC Focus On Employee Agreements

In September, the U.S. Securities and Exchange Commission (the “SEC”) announced the settlement of three enforcement actions for violations of SEC whistleblower protection laws. In the actions, the SEC asserted that the companies… more

Civil Monetary Penalty, Confidentiality Agreements, Contract Terms, Employment Contract, Enforcement Actions

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Scott Jones

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Dan Joyner

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Karen Jurichko Lowell

Arizona 2025 Tax Developments: A Year-End Review

Beginning last January 1, 2025, Arizona property owners were no longer required to collect and remit city Transaction Privilege Tax (TPT) on residential rental income for long-term stays of 30 consecutive days or more… more

City Taxes, Landlords, Municipalities, New Legislation, Property Owners

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Kimberly Justus

COVID-19 and Commercial Leases: Guidance for Lenders

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

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Afzal Karim

North Carolina Business Corporation Act Now Permits Fully Virtual Shareholders' Meetings

On September 20, 2021, North Carolina Governor Roy Cooper signed House Bill 320 into law, permitting North Carolina corporations to hold shareholders’ meetings solely by means of remote communication under the North Carolina… more

Amended Legislation, Business Corporation Act, Coronavirus/COVID-19, Corporate Governance, Executive Orders

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Audrey Karman

How a Whistleblower Can Derail a DPA

A recent suit illustrates how whistleblowers may adversely impact a company’s DPA, leading to further investigation by the DOJ and additional penalties. In 2023, Connecticut-based Freepoint Commodities LLC (Freepoint)… more

Anti-Corruption, Bribery, CFTC, Compliance, Cooperation Agreement

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William Katzen

The One Big Beautiful Bill: A Bonus for Equipment Finance

The One Big Beautiful Bill Act was signed into law by President Donald Trump on July 4, 2025. The OBBB offers material benefits to the players in the equipment finance industry including lessors, lessees, lenders, borrowers,… more

Bonus Depreciation, Clean Energy, EBITDA, Energy Storage, Equipment Lease

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James Kearney

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Sarah Anne Keefe

You’ve Got Mail (Not the Good Kind): FTC Sends Mass Warning Regarding Deceptive Endorsements

In brief: The FTC has sent hundreds of advertisers (including high profile retailers, manufacturers, agencies, and other large businesses) across assorted industries a Notice of Penalty Offenses. The Notice warns recipients… more

Advertising, Endorsements, Enforcement, Enforcement Priorities, False Advertising

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Rachel Keen

COVID-19 Shutdowns, Related Litigation Put Pressure on Business Interruption Insurers

Companies in the United States continue to file business interruption lawsuits against their insurers for claims arising from state and local government shutdown orders in response to the COVID-19 pandemic. At least 1,250 cases… more

Business Interruption, Civil Authority Coverage, Commercial Insurance Policies, Commercial Property Owners, Coronavirus/COVID-19

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E. Barlow Keener

Power and Energy in Data Centers

We have the pleasure of presenting insights from Belton Zeigler, co-leader of the Womble energy sector, and Steve Snyder, an expert in federal regulatory issues involving power… more

Critical Infrastructure Sectors, Data Centers, Energy Sector, FERC, Infrastructure

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Laura Kees

The US Copyright Office Takes on AI, Part I

Now nearly a year on from its 2023 Notice of Inquiry, the U.S. Copyright Office has now released Part 1 of its findings and recommendations on the legal and policy issues at the juncture between artificial intelligence (AI) and… more

Artificial Intelligence, Communications Act of 1934, Copyright, Copyright Office, Deep Fake

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Kyle Kellar

USPTO Director Assumes Authority Over Institution Decisions

As of October 20, 2025, the USPTO Director will resume direct authority over the institution decisions for inter partes review (IPR) and post-grant review (PGR) proceedings… more

Administrative Authority, America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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Ashley Kutz Kelley

Trump Administration Halts Immigrant Visa Processing for 75 Countries Amid Policy Review

On Wednesday, U.S. Department of State announced that it is suspending immigrant visa processing for applicants from 75 countries. The pause starts January 21 and is part of a broader immigration crackdown aimed at tightening… more

Immigration Procedures, Trump Administration, US Department of State, Visa Applications, Visas

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Justine Kelly

Privilege Log Considerations and Best Practices for Complex Litigation

Privilege logs are often considered back-burner items in complex litigation and not addressed until discovery deadlines draw near. However, paying attention to privilege logs early on can be a hidden factor in in a successful… more

Complex Litigation, Discovery, Document Productions, e-Discovery Professionals, Electronically Stored Information

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Christopher Kent

Green Innovation Being Fast Tracked by USPTO

The USPTO now fast tracks applications involving greenhouse gas reduction technologies. The new Climate Change Mitigation Pilot Program targets impact on the climate by accelerating examination of patent applications for… more

Fast Track Process, Green Technology, Patent Applications, Patents, USPTO

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Kyle Kessler

USPTO Removes Reliance on Applicant Admitted Prior Art in IPR Proceedings

On July 31, 2025, the acting Director of the United States Patent and Trademark Office (USPTO) published a memorandum making a significant change in Patent Trial and Appeal Board (PTAB) inter partes review (IPR) practice and… more

Amended Rules, Examination Procedures, Inter Partes Review (IPR) Proceeding, New Guidance, Patent Invalidity

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Sarah Ann Kim

MMS Text Messages That Include Links to Audio Are Not “Prerecorded Voice” Subject to TCPA Wireless Prohibition When a “Conscious Choice” is Required to Access Audible Content

Following the recent Ninth Circuit decision in Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), see previous post, where the court held that SMS messages that lack any audible component are not… more

Auto-Dialed Calls, Facebook Inc v Duguid, TCPA, Text Messages, Wireless Devices

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Andrew Kimble

New Cyber Security Rules for US Technology Companies Operating in the EU

The EU is in the course of passing a range of new cyber security legislation which will apply to US businesses who provide services in the EU. One part of that legislative programme is the new Network and Information Security… more

Board of Directors, Cloud Service Providers (CSPs), Critical Infrastructure Sectors, Cybersecurity, Data Centers

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Jimmy Kirkland

EPA Publishes Direct Final Rule on New ASTM Standard for Phase I All Appropriate Inquiries

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 Protection Agency (EPA), Environmental Site Assessment

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Sylvester Kisluk

COVID-19 and Commercial Leases: Guidance for Lenders

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

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Bill Koch

[Webinar] AI Intensive Summit: Playbook for Innovation and Risk Mitigation - May 20th, 12:00 pm - 3:30 pm ET

AI is transforming business and industry virtually overnight, and many leaders are left asking, “What do I do next?” Womble Bond Dickinson’s virtual summit – AI Intensive: Playbook for Innovation and Risk Mitigation – will… more

Artificial Intelligence, Continuing Legal Education, Copyright, Data Mining, Data Privacy

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Christopher Kreiner

EPA, CDC and CPSC Investigating Potential Health Effects of Recycled Tire Crumb Used on Playing Fields and Playgrounds

Public concern is increasing over the safety of recycled rubber tire crumb used as infill for synthetic turf fields and playgrounds. There are currently between 12,000 and 13,000 synthetic turf fields in the United States, and… more

Centers for Disease Control and Prevention (CDC), Consumer Product Safety Commission (CPSC), Environmental Protection Agency (EPA), Information Reports, Public Health

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Rachel Kreth

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Julia Kreyskop

Sublandlord Considerations When Subleasing Space

The COVID-19 pandemic has increased the number of companies that are switching to full-time telework or hybrid work arrangements, often resulting in reduced space needs. To minimize monetary exposure for unused premises, some… more

Commercial Leases, Commercial Property Owners, Contract Modification, Contract Terms, Coronavirus/COVID-19

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Gregory Lampert

THE Ohio State Trademark Registration: Ornamental Features & Consent Agreements

On June 21, 2022, The Ohio State University (OSU) obtained a federal trademark registration (U.S. Reg. No. 6,763,118) for the standard character mark THE for “t-shirts, baseball caps, and hats; all of the foregoing being… more

Consent Agreements, Educational Institutions, Intellectual Property Protection, Trademark Application, Trademark Infringement

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Shelton Sterling Laney III

Increasing Volume of Pro Se, Frequent Litigants, and Pre-Litigation Demands & Arbitration Claims in Financial Services Litigation and Compliance

This is the first in a series of articles based on Womble Bond Dickinson’s recent 2024 Trends in Financial Services Litigation seminar. Managing consumer disputes and consumer lawsuits has always been a fact of life for… more

Arbitration, Arbitration Agreements, Civil Investigation Demand, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Gregory Lawrence

Betting on the Future: Enforcement Risks in Prediction Markets

Last month, the world watched two remarkable events unfold in quick succession: the U.S. operation that led to the capture of Nicolás Maduro and the Polymarket trader who turned a $400,000 profit by correctly predicting that… more

CFTC, Department of Justice (DOJ), Designated Contract Markets (DCMs), Enforcement Actions, Insider Trading

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L. Christine Lawson

FDA’s Authority Over Lab-Developed Tests Overturned: What the Court’s Decision Means for Lab Testing

Previously, this blog covered the FDA’s decision to regulate lab-developed tests (LDTs) as medical devices. However, a ruling from a federal district court in Texas earlier this year has changed that. Multiple lawsuits were… more

CLIA, Clinical Laboratory Testing, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations, Laboratory Developed Tests

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Jeffrey Lawyer

Radical New Partnership Audit Rules

Last week, President Obama signed H.R. 1314, the Bipartisan Budget Act of 2015 (the “Legislation”), which dramatically changes the manner in which partnerships (and LLC’s taxed as partnerships) are audited and taxed by the IRS… more

Audits, Bipartisan Budget, IRS, Partnership Agreements, Partnerships

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Paul LeBlanc Jr.

Texas Data Centers Powering AI

Data center-related real estate investment has certainly been a trend in recent years, and Texas is no exception, with a current state-wide data center count of 336 (for context, in 2015 Texas had 91 data centers)… more

Artificial Intelligence, Data Centers, Infrastructure, Technology Sector

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Carol Lee

House’s Passage of National Defense Authorization Act with Anti-China Provisions

The U.S. House of Representatives passed the National Defense Authorization Act (NDAA), the annual defense policy bill, on June 14, 2024. This $895.3 billion bill passed the House of Representatives with a vote of 217 to 199,… more

Appropriations Bill, China, Department of Defense (DOD), End-Users, NDAA

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Donghyun Lee

Industry Guidance for Online Gaming Products

On January 16, 2026, the Nevada Gaming Control Board (“Board” or “NGCB”) issued Notice 2026-04, providing significant new guidance for Nevada gaming licensees and applicants involved in online gaming products offered in… more

Due Diligence, Foreign Jurisdictions, Gaming Commissions, New Guidance, Online Gaming

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G. Thomas Lee

Brexit Poses Issues For Airports, Airlines

The United Kingdom’s split from the European Union could leave the nation and United States without a trade agreement to manage the aviation industry. The aviation industry currently operates between the two nations under the… more

Airlines, Airports, Aviation Contracts, Aviation Industry, Bilateral Agreements

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Jon Levin

DoD Instruction Intended to Protect Defense Supply Chain: Defense Contractors and Subcontractors Subject to Additional Filings and DCSA Reviews

Concerns regarding the integrity of the U.S. defense industrial base supply chain continue to grow. Similar to national cybersecurity risks, national security risks to the defense supply chain are asymmetric and can arise at any… more

Cybersecurity, Defense Contracts, Defense Sector, DFARS, Disclosure Requirements

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Steven Levitan

Ninth Circuit Clarifies DTSA’s Trade Secret Identification Requirements

In an August 12, 2025 decision, the Ninth Circuit emphasized important differences between the federal Defend Trade Secrets Act (“DTSA”) and the California Uniform Trade Secrets Act (“CUTSA”)—differences which might… more

Appellate Courts, Cal Code of Civil Procedure, Corporate Counsel, Defend Trade Secrets Act (DTSA), Disclosure Requirements

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Michael Lewis

SEC Marketing Rule: Fintech Enforcement Actions

This alert highlights recent artificial intelligence (AI)-related enforcement actions that the Securities and Exchange Commission (SEC) has brought against investment advisers under the SEC's "Marketing Rule." The enforcement… more

Algorithms, Artificial Intelligence, Enforcement Actions, FinTech, Fund Managers

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Yuechu Li

Earnout Deals Surge in Uncertain Times – What M&A Professionals Need to Know About Earnouts

The M&A market has witnessed a major increase in the use of earnout deal terms after 2021. The number of deals with earnout provisions jumped from around 20% in 2021 to 33% in 2023… more

Acquisitions, Buyers, Contract Drafting, Contract Negotiations, Earn-Outs

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Glenn Light

Industry Guidance for Online Gaming Products

On January 16, 2026, the Nevada Gaming Control Board (“Board” or “NGCB”) issued Notice 2026-04, providing significant new guidance for Nevada gaming licensees and applicants involved in online gaming products offered in… more

Due Diligence, Foreign Jurisdictions, Gaming Commissions, New Guidance, Online Gaming

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Forrest Lind

Understanding the Impact of the One Big Beautiful Bill Act on Renewable Energy

This is the second article in a new Womble Bond Dickinson thought leadership series on the intersection of clean energy and the federal government. The focus of this series will be on how companies can safeguard their interests… more

Business Strategies, Clean Energy, Energy Policy, Foreign Entities, Inflation Reduction Act (IRA)

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James Livermon III

Congress Temporarily Raises Subchapter V Debt Limit. Again.

A key temporary bankruptcy related response to the pandemic has been re-implemented and extended with the passage of the Bankruptcy Threshold Adjustment and Technical Corrections Act (the “Act”) which extends the increase in the… more

Chapter 13, Commercial Bankruptcy, Coronavirus/COVID-19, Relief Measures, Small Business

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Laura Lo Bianco

Corporate Transparency Act Compliance Still on Hold, For Now

On January 23, the U.S. Supreme Court lifted a nationwide preliminary injunction on the enforcement of the Corporate Transparency Act (the CTA), a law requiring millions of business entities to report information about their… more

Anti-Money Laundering, Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Christopher Lockwood

Government Shutdown Affects Federal Courts

The U.S. government shutdown is now in its fourth week, and the funding standoff is now impacting federal courts. The Administrative Office of the U.S. Courts has confirmed that, as of October 20, the courts no longer have… more

Appellate Courts, Article III, Bankruptcy Court, Business Court, Court Schedules

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Neil Long

Estate Planning: Protect and Plan for the Future

Entrepreneurs and business owners are naturally – and rightly - focused on running and growing their businesses, particularly with Brexit looming, along with other seismic changes in the global economy. But this can mean many… more

Beneficiaries, Business Ownership, Estate Planning, Power of Attorney, Reorganizations

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Vincent Look

From Red Tape to Red Carpet: How Federal AI Policy Is Fast-Tracking Innovation in the ‘AI Race’

In early 2025, the Trump Administration revoked the Biden Administration’s Executive Order 14110 (“Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”) and introduced an overhaul… more

Artificial Intelligence, Executive Orders, Government Agencies, Innovation, National Security

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James Love

[Webinar] Growing Global: Act Now or Act Later? Unitary Patents and the UPC - May 11th, 11:00 am - 1:00 pm EDT

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

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Alexander Lowitt

Certification and AI in eVTOLs and eCTOLs: Industry Leaders Avoid Autopilot in Bringing Electric Aircraft to Market

This client alert was originally published in Monitor Daily. The march toward electric vertical takeoff and landing aircraft (eVTOL) certification is progressing, though some predict a delay in eVTOLs’ market entry. Leading… more

Aircraft, Artificial Intelligence, Electric Vehicles, Federal Aviation Administration (FAA), Research and Development

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Jorge Lozano

USPTO Addresses Ambiguities in Means-Plus-Function, Step-Plus-Function Claims

United States Patent and Trademark Office (USPTO) officials recently reiterated to all patent examiners that they must provide clear, consistent analysis regarding means-plus-function and step-plus-function limitations. The… more

Claim Construction, Claim Limitations, Means-Plus-Function, Patent Applications, Patent Litigation

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David Vance Lucas

Historic Change in U.S. Foreign Direct Investment: New Restrictions on U.S. Outbound Investment Abroad

U.S. businesses involved in the U.S. defense industrial base have been historically protected from Foreign Direct Investment (FDI) by the Committee on Foreign Investment in the United States (CFIUS)… more

CFIUS, China, Cross-Border Transactions, Defense Sector, Executive Orders

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Caitlin MacDowell

Strategies for Uncertain Times: Management and Legal Perspectives for the Specialty Chemical Industry

As with virtually every sector, the COVID-19 pandemic heavily impacted the chemical industry—from corporate transactions to supply chains to privacy concerns related to employees working remotely. A team of Womble Bond Dickinson… more

Chemical Compounds, Chemicals, Coronavirus/COVID-19, Due Diligence, Manufacturers

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H. William Mahaffey

Supreme Court Clarifies Shareholder Agreement Valuations for Estate Tax Purposes in Connelly v. United States

Many co-owners of closely held businesses will employ life insurance as a tool for funding the transfer of ownership in the business upon the death or retirement of an owner. In these cases, planning involves the use of… more

Business Succession, Business Valuations, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States

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Gloria Malpass Ph.D.

Junk Science in the Courtroom: Prevention is Better than Cure

When scientific evidence is in play, it is often assumed that the most frequently cited articles are published in the most elite journals. However, this is not necessarily true. A journal is ranked according to its impact… more

Corporate Counsel, Daubert Standards, Expert Witness, Federal Rules of Evidence, Research Papers

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Dr. Christian Mammen

USPTO Replaces AI Inventorship Guidance

On November 28, 2025, the USPTO published new guidance on the Federal Register, replacing and rescinding its prior February 13, 2024 “Inventorship Guidance for AI-Assisted Inventions.”… more

Artificial Intelligence, Intellectual Property Protection, Inventors, Joint Inventors, Machine Learning

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Ashley Manrique Stephens

Steel Production Expansion through the One Big Beautiful Bill Act

The One Big Beautiful Bill Act, signed into law on July 4, 2025, has been acknowledged as a sweeping clean energy and industrial policy. Much of the attention has focused on wind, solar, and battery storage, but buried within… more

Clean Energy, Coal Industry, Department of Energy (DOE), Energy Sector, Internal Revenue Code (IRC)

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Fabio Marino

USPTO Newest Discretionary Denials on Settled Expectations - Best Practices for Petitioners and Patent Owners

Recently, the United States Patent and Trademark Office (“USPTO”) issued a series of discretionary denials of inter partes review (IPR) petitions, based on a new factor, the “settled expectations” of the Patent Owner… more

Best Practices, Filing Deadlines, Inter Partes Review (IPR) Proceeding, New Guidance, Patent Applications

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Jason Marshall

Navigating Cambridge’s Building-Sector Energy and Emissions Requirements

The City of Cambridge, Mass., is beginning to implement its Building Energy Use Disclosure Ordinance (BEUDO). The law seeks to drive substantial building-sector greenhouse gas reductions, which Cambridge identifies as accounting… more

Construction Industry, Disclosure Requirements, Energy Policy, Environmental Policies, Greenhouse Gas Emissions

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A.J. Martinez

Legal Issues, Problems, and Unanswered Questions Regarding a State’s Ability and Potential Departure from the Depository Institution Deregulation and Monetary Control Act of 1980 (“DIDMCA”)

In 1980, Congress passed Public Law 96-221, called the Depository Institutions Deregulation and Monetary Control Act (“DIDMCA”), which, in part, allowed federally insured state banks, state credit unions, and state savings… more

Banks, Borrowers, Competition, Consumer Financial Products, Credit Unions

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Brandon Massengill

USPTO Launches Semiconductor Technology Pilot Program to Expedite Patent Examinations and Support the CHIPS Act

The US Patent and Trademark Office (USPTO) launched the Semiconductor Technology Pilot Program on December 1, 2023 for patent applications for processes or apparatuses for manufacturing semiconductor devices. Applications that… more

Expedited Actions Process, Patent Applications, Patents, Semiconductors, USPTO

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Aaron Massuda

Building a Sustainable Future: Understanding Permissible Repair Vs Impermissible Reconstruction In Support Of A Circular Economy

The circular economy invites us to fundamentally reconsider our relationship with resources and products. By moving away from the outdated "take-make-dispose" model, companies are embracing a more sustainable approach that… more

Business Strategies, Circular Economy, Consumer Protection Laws, EU Directive, Intellectual Property Protection

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Vicky McCombe

How to Navigate Pitfalls in Major Projects

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

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Patrick Emerson McCormick

Arizona Court of Appeals Affirms Dismissal of Arizona “Spy Pixel” Class Action

We advised last year that plaintiffs had initiated a new wave of CIPA-like privacy litigation under Arizona’s Telephone, Utility and Communication Service Records Act, A.R.S. § 44-1376.01 (the “TUCSRA”). We are now pleased to… more

Appeals, CIPA, Class Action, Consumer Privacy Rights, Email

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John McCullough

Trade Update: Navigating Trump Administration Tariffs - May 2025 Developments

Since the April 9, 2025 pause on the application of the Trump administration’s “reciprocal” tariffs, which we included in our most recent update, several additional developments have occurred which materially impact the… more

Canada, China, International Emergency Economic Powers Act (IEEPA), International Trade, Mexico

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Colleen McGlynn

Significant New Clean Energy and Climate Act becomes law in Massachusetts

On August 11, 2022, Massachusetts Governor Charlie Baker signed into law An Act driving climate policy forward. After months of heavy legislative activity involving a wide range of stakeholders in the clean energy and… more

Agricultural Land, Clean Energy, Climate Change, Electric Vehicles, Energy Storage

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J. Whitney McGreevy

Mastering Data Center Development: Insights from Whit McGreevy and Tara Gorman

In this post, Womble Partners Whit McGreevy and Tara Gorman provide a high-level overview of potential economic incentives for data center development. They delve into the significance of economic development incentives and the… more

Data Centers, Economic Development, Infrastructure, Investment Tax Credits, Permits

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Jeffrey McIntyre

Reminder: “Consisting essentially of” Is U.S. Patent Claim Language Needing Interpretation

On June 30, 2025, the Federal Circuit issued a precedential opinion in Eye Therapies v. Slayback Pharma in which the court interpreted the transition phrase “consisting essentially of” to be a closed term excluding other active… more

CAFC, Claim Construction, Patent Litigation, Patent Prosecution, Patents

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Christopher Mead

Money Talks: California Expands Pay Disclosure Requirements

Effective January 1, 2023, employers in California will be subject to significant new pay disclosure requirements in the most sweeping expansion of United States pay transparency law to date. What new requirements does the… more

Compliance Dates, Disclosure Requirements, Job Ads, Pay Data, Pay Transparency

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Emily Melvin

Explaining the New Corporate Transparency Act

Beginning January 1, 2024, domestic entities and foreign entities registered to do business in the United States will need to comply with new information reporting requirements relating to their owners, officers, and controlling… more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Financial Crimes

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Sarah Meyer

Supreme Court Narrows FCRA Class By More Than 75% Finding That The Majority Of The Class Lacked Standing

In TransUnion v. Ramirez, 2021 U.S. Lexis 3401 (U.S. June 25, 2021), Justice Kavanaugh, joined by Roberts, C.J. and Alito, Gorsuch, and Barrett, J.J., reversed the almost $40 million award affirmed by the Ninth Circuit Court of… more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Michael Miller

EPA and Army Corps Propose Narrower Definition of “Waters of the United States”

On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers released a proposed rule to update the definition of “waters of the United States” (WOTUS) under the Clean Water Act… more

Clean Water Act, Comment Period, Environmental Protection Agency (EPA), NPDES, Proposed Rules

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Rodney Miller

Fifth Circuit Clarifies Standard for Venue Transfer: What it Means for Texas Patent Litigants

Since the early 2000s, Texas district courts have been battling to maintain their status as the premier venue for filing patent lawsuits. At one point, 43% of all patent infringement cases in the United States were filed in the… more

Forum Shopping, Improper Venue, Patent Infringement, Patent Litigation, Patents

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Preston Mitchell

New Year Resolutions Triggered by Senate Bill 382

After the North Carolina General Assembly overrode Governor Cooper’s veto of Senate Bill 382, which became Session Law 2024-57 (the “New Law”), we published a client alert describing the state-wide effect of the New Law… more

Administrative Authority, Community Development, Congressional Override, Governor Vetoes, Land Developers

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Jonathan Mize

SEC Expected to Begin Settlement Actions With Issuers Under MCDC Initiative

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, Securities and Exchange Commission (SEC), Self-Reporting, Underwriting

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Philip Mohr

The Business Judgment Rule Cannot Preclude Statutory Inspection Rights

Where a corporation’s board of directors decided to take a particular course of action that was unpopular with a shareholder, the board could not invoke the business judgment rule to prevent the shareholder’s statutory right to… more

Board of Directors, Books & Records, Business Judgment Rule, Corporate Governance, Inspection Rights

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Aulica Lin Monroe

[Webinar] Practical Guidance on Hashing Out the Patchwork of State and Federal Ethics Laws - October 19th, 12:00 pm - 1:00 pm EDT

Learn more about federal and state laws and regulations relevant to the cannabis industry and the ethical considerations of legal representation for cannabis businesses. We will address: - Current landscape of federal and… more

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Kristina Moore

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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James Morgan Jr.

"Private" E-mails and FOIA

Recent legal decisions continue to blur the line between private communications and public records, extending the reach of the Freedom of Information Act (FOIA). Because of these shifts, proactive government officials are… more

Email, FOIA, Public Disclosure, Public Employees, Public Records

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John Morrow

Overhaul of the Rosen-Durling Test: A New Era for Design Patent Obviousness

In the recent case of LKQ Corporation v. GM Global Technology Operations LLC, the en banc (for the first time in five years) Federal Circuit overruled the long-established Rosen-Durling test used for evaluating the obviousness… more

Design Patent, En Banc Review, Graham Factors, Guidance Update, Obviousness

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Andreas Mosby

Soaring to Service: $18.5M USERRA Settlement and HR Takeaways - What HR Needs to Know About Military Leave Pay

The recent $18.5 million settlement in Huntsman v. Southwest Airlines Co. represents the largest USERRA class action recovery reported to date and signals a significant shift in how employers approach paid short term military… more

Class Action, Department of Labor (DOL), Employer Liability Issues, Employment Litigation, Employment Policies

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Lawrence Moye, IV

Transfer Taxes and the Tax Act: An Overview and Three Possible Responses

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

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Lisa Moyles

NIH Hits Pause: The SBIR/STTR Freeze Shaking America’s Innovation Pipeline

The National Institutes of Health (NIH) ended all active Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) funding opportunities. (see NIH’s Notice NOT-OD-26-006)… more

Federal Funding, Funding Opportunities, Innovation, National Institute of Health (NIH), Research and Development

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Joshua Mullen

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

See all updates »

Alexandria Murphy

Corporate Transparency Act Compliance Still on Hold, For Now

On January 23, the U.S. Supreme Court lifted a nationwide preliminary injunction on the enforcement of the Corporate Transparency Act (the CTA), a law requiring millions of business entities to report information about their… more

Anti-Money Laundering, Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Zachary Murphy

Factors Courts Commonly Consider When Deciding Motions to Transfer in ANDA Litigation

Where the Operative Facts Occurred - In assessing this primary factor, courts have looked to the location of defendant’s principal place of business, where the ANDA application was prepared, and where the ANDA product was… more

Abbreviated New Drug Application (ANDA), Forum Selection, Forum Shopping, Patent Litigation, Patents

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Tomio Narita

Ninth Circuit confirms all members of a certified damages class must establish standing to survive summary judgment in Healy v. Milliman, Inc., _F.4th_, 2026 U.S. App. LEXIS 554 (9th Cir. Jan. 9, 2026)

The Ninth Circuit recently answered an important open question in the class action context that may provide defendants an additional exit ramp, specifically, whether “following class certification, both named and unnamed class… more

Appellate Courts, Article III, Class Action, Damages, Evidence

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Rachel Nicholas

[Hybrid Event] 2025 Arizona Last Chance CLE - June 25th, Phoenix, AZ

Don't let the June 30th deadline sneak up on you! Ensure you meet your MCLE requirements with our all-day CLE event. This year’s Last Chance CLE offers a diverse array of engaging sessions covering key topics and recent legal… more

Artificial Intelligence, Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Disputes

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Jed Nosal

What’s on the Horizon for FERC After the Sunset?

For companies subject to regulatory oversight of the Federal Energy Regulatory Commission (FERC), Tuesday could mark the beginning of a critical chapter in the agency’s history… more

Administrative Procedure Act, Deregulation, Energy Sector, Environmental Protection Agency (EPA), Executive Orders

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Chukwukpee Nzegwu

Betting on the Future: Enforcement Risks in Prediction Markets

Last month, the world watched two remarkable events unfold in quick succession: the U.S. operation that led to the capture of Nicolás Maduro and the Polymarket trader who turned a $400,000 profit by correctly predicting that… more

CFTC, Department of Justice (DOJ), Designated Contract Markets (DCMs), Enforcement Actions, Insider Trading

See all updates »

Lynn O'Brien

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

See all updates »

Brendan O'Dea

USPTO Issues Updated Examination Guidance After Federal Circuit Overhauls Test for Design Patent Obviousness

The United States Patent and Trademark Office (USPTO) has issued a Memorandum to the Corps of Patent Examiners (the “Guidance”), attempting to provide clarity in the wake of the Federal Circuit’s highly anticipated en banc… more

Design Patent, Guidance Update, Manual of Patent Examining Procedure (MPEP), Nonobvious, Obviousness

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Ian O'Keefe

How a Whistleblower Can Derail a DPA

A recent suit illustrates how whistleblowers may adversely impact a company’s DPA, leading to further investigation by the DOJ and additional penalties. In 2023, Connecticut-based Freepoint Commodities LLC (Freepoint)… more

Anti-Corruption, Bribery, CFTC, Compliance, Cooperation Agreement

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Seiko Okada, M.D. Ph.D.

USPTO Suggests Use of Rule 132 Declarations and Updated Examiner Guidelines to Address Patent Subject Matter Eligibility Issues

In follow up to the August 4, 2025 guidance and September 26, 2025 In re Desjardins decision, the USPTO recently took another significant step to provide patentees pursuing patent protection additional tools to address patent… more

37 C.F.R. § 1.132 Declaration, Alice/Mayo, Expert Testimony, Patent Applications, Patent Examinations

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Daniel Orvin

CDC Eviction Moratorium

As we noted in our September 4, 2019 alert, in an effort to supplement the action by Federal, State, and local governments to combat the spread of COVID-19, the Centers for Disease Control and Prevention, located within the… more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Financial Distress

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Viktor Osasu

Green Finance Is Infrastructure: The $100 Billion Opportunity for Green Banks

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

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Dan Ovanezian

Be Wary of Provisional Priority Dates in Prior Art

Patent applicants often file provisional applications at the United States Patent and Trademark Office (USPTO) to secure a priority date before filing a full-blown utility patent application for their inventions… more

Patent Applications, Patent Examinations, Patents, Prior Art, Priority Date Cutoff

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David Palko

Year One of Trump’s DOJ: A Closer Look at the Four Main Categories of Offenders

As noted in the main article, four categories of offenses represent over 80% of the total national caseload: immigration, drugs, firearms, and fraud-related financial offenses. Here’s a closer look at the categorical data from… more

Caseloads, Criminal Convictions, Criminal Prosecution, Department of Justice (DOJ), Drug Trafficking

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Berenika Palys

Navigating California’s New Arbitration Landscape: Understanding SB 82 and Its Potential Impact

California Governor Gavin Newsom recently signed Senate Bill (SB) 82 into law, introducing significant changes that could reshape the enforcement of arbitration clauses in California consumer agreements. This legislation,… more

Arbitration, Arbitration Agreements, Consumer Contracts, Contract Drafting, Dispute Resolution

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Andrew Parsons

Cybersecurity in the Nuclear Industry: US and UK Regulation and the Sellafield Case

This is the fifth article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled “Going Nuclear: A Sustainable Solution to Rising Energy Demand.” The series will explore the changing landscape of… more

Climate Change, Cyber Attacks, Cybersecurity, Department of Justice (DOJ), Energy Sector

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Morgan Patterson

Prepare for Bankruptcies Sparked by Oil Price Battle

Key points: - Companies facing bankruptcy can still make smart moves - Creditors should consider asserting liens before it’s too late - Legal fees may be covered for some unsecured creditors… more

Coronavirus/COVID-19, Creditors, Energy Sector, Federal Reserve, Financial Institutions

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Mark Patton

Update: CTA Filing Requirements Are "On" - Compliance Required by January 13, 2025 (for most reporting companies)

On December 23, 2024, the Court of Appeals for the Fifth Circuit stayed the nationwide injunction enjoining the U.S. government from enforcing the Corporate Transparency Act (the “CTA”) and the corresponding reporting… more

Appeals, Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act

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Dorinda Peacock

Legal Guide to Starting a Business in the United States

Starting a business in the United States can open doors for massive opportunity and success. Along the way, however, businesses will encounter a number of legal and regulatory hurdles. This “Guide to Starting Business in the… more

Business Formation, Choice of Entity, Corporate Structures, Corporate Taxes, Employer Liability Issues

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Matthew Pearson

New Texas Privacy Law Opens the Door to a Private Right of Action

Starting January 1, 2026, mobile app developers and app stores that have not come into compliance with the Texas App Store Accountability Act may be at risk of both public and private enforcement… more

App Developers, App Store, Enforcement Actions, Minors, Mobile Apps

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Antonia Peck

Opportunity Economy: Telehealth in the Pandemic - and Beyond

Takeaways: ..Telehealth greatly expanded during the COVID-19 pandemic, in large part due to regulatory waivers. Those regulatory waivers aren’t permanent, but lawmakers are evaluating ways to permanently expand some aspects… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Investors

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Gordon Penman

Overview of the CARES Act's Paycheck Protection Loan Program

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Among the provisions of the CARES Act is the Paycheck Protection Loan Program (“PPP”), a new $349 billion… more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA Lending Programs

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Joel Perrell Jr.

Insurance Premium Finance Exemption Enacted - Missouri Commercial Finance Disclosure Law

As we reported last year, Missouri introduced its version of Commercial Finance Disclosure Law (“CFDL”) legislation, following the lead of other states with laws requiring consumer-like disclosures in certain commercial loans… more

Commercial Loans, Disclosure Requirements, Financial Services Industry, Insurance Industry, Insurance Regulations

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Sean Perrin

"Private" E-mails and FOIA

Recent legal decisions continue to blur the line between private communications and public records, extending the reach of the Freedom of Information Act (FOIA). Because of these shifts, proactive government officials are… more

Email, FOIA, Public Disclosure, Public Employees, Public Records

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John G. Perry

ERISA Preemption: Don't Tread on my Uniform System of Plan Administration

On March 1 the U.S. Supreme Court again reinforced the broad preemptive scope of the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §1001. In Gobeille v. Liberty Mutual Insurance Co., 136 S. Ct. 936, the court held… more

Data Collection, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Gobeille v Liberty Mutual Insurance Com.

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Morgan Persinger

Cannabis Legalization Efforts: How Far Did They Reach in 2023? How High Can They Go in an Election Year?

As we enter another election year, cannabis legalization is sure to be a hot button issue at both the state and federal levels. A Gallup poll from November 2023 showed that public support for legalizing marijuana reached a… more

Cannabidiol (CBD) oil, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Decriminalization of Marijuana, Marijuana

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Karthika Perumal Ph.D.

NIH Hits Pause: The SBIR/STTR Freeze Shaking America’s Innovation Pipeline

The National Institutes of Health (NIH) ended all active Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) funding opportunities. (see NIH’s Notice NOT-OD-26-006)… more

Federal Funding, Funding Opportunities, Innovation, National Institute of Health (NIH), Research and Development

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Michael Plachy

Legal Issues, Problems, and Unanswered Questions Regarding a State’s Ability and Potential Departure from the Depository Institution Deregulation and Monetary Control Act of 1980 (“DIDMCA”)

In 1980, Congress passed Public Law 96-221, called the Depository Institutions Deregulation and Monetary Control Act (“DIDMCA”), which, in part, allowed federally insured state banks, state credit unions, and state savings… more

Banks, Borrowers, Competition, Consumer Financial Products, Credit Unions

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Aaron Pohlmann

DOL’s Final Rule Modifies ERISA Disability Claim Regulations

Effective January 18, 2017, the Department of Labor issued a "final rule" modifying 29 CFR § 2560.503-1, governing claims procedures for disability benefits under ERISA plans. The new regulations apply to disability claims filed… more

Department of Labor (DOL), Disability Benefits, Employee Retirement Income Security Act (ERISA), Final Rules

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Jessica Portmess

Emergency Affirmative Defense for Title V Emissions Exceedances is Back

On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting in exceedances of emission limitations in Clean Air Act Title V operating permits. That defense, available in the Title V… more

Administrative Procedure Act, Affirmative Defenses, Air Pollution, Clean Air Act, Environmental Litigation

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James Powell

Federal Government Contractors and Subcontractors Have Until March 3, 2023 To Assert Objections to the Public Production of Their Affirmative Action Report Data

A government prime contractor with more than 50 employees and a single federal government contract worth at least $50,000 must comply with the federal affirmative action regulations, which includes establishing a written… more

Affirmative Action, Data-Sharing, DFARS, Federal Acquisition Regulations (FAR), Federal Contractors

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Kurt Prange

Developments in Patent Subject Matter Eligibility for Software-Related Inventions, in View of Guvera v. Spotify

Innovators seeking patent protection for software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent… more

Alice/Mayo, Appeals, Patent Applications, Patent Invalidity, Patent Prosecution

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Richard Prosser

Congress Temporarily Raises Subchapter V Debt Limit. Again.

A key temporary bankruptcy related response to the pandemic has been re-implemented and extended with the passage of the Bankruptcy Threshold Adjustment and Technical Corrections Act (the “Act”) which extends the increase in the… more

Chapter 13, Commercial Bankruptcy, Coronavirus/COVID-19, Relief Measures, Small Business

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John Pueschel

FTC Abandons Efforts to Ban Virtually All Employee Non-Competes

After a year-and-a-half of uncertainty, the Federal Trade Commission’s efforts to ban employers from enforcing most non-compete clauses against employees have come to an end… more

Appeals, Biden Administration, Employment Contract, Enforcement Actions, Federal Trade Commission (FTC)

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Matt Quinn Ph.D.

How the MAHA Commission Could Influence Pharmaceutical Marketing and Prescriber Education

The Make America Health Again (MAHA) Commission, introduced in 2025, is shaping conversations about healthcare policy and industry practices. While its primary mission is to address chronic disease in children, its… more

Advertising, Department of Health and Human Services (HHS), Department of Justice (DOJ), Federal Trade Commission (FTC), Food and Drug Administration (FDA)

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Emma Radmore

The UK's Failure to Prevent Fraud Offense

Effective September 1, 2025, the UK’s Failure to Prevent Fraud offense will go into effect as part of the UK’s Economic Crime and Corporate Transparency Act 2023 (the ECCTA). The law significantly expands corporate liability for… more

Anti-Corruption, Compliance, Compliance Dates, Corporate Liability, Enforcement Priorities

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William Ragland Jr.

Patent Holder Sues CBS and iHeart Over Digital Audio Signal Transmission Systems

On Friday, April 14, 2017, Digital Stream IP, LLC filed two separate complaints in federal court in the Eastern District of Texas against CBS Radio Inc. and iHeartMedia, Inc., alleging infringement of U.S. Patent No. 6,757,913… more

CBS, Digital Downloads, Electronic Data Transmissions, iHeart Media, Patent Infringement

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Richard Rainey

OSHA’s New Rule on Mandatory COVID-19 Vaccination Is Back in Force (For Now)

In the ongoing legal battle over the Occupational Safety and Health Administration’s emergency temporary standard on COVID-19 Vaccination and Testing (the “ETS”), a federal appeals court has given OSHA authority - for now - to… more

Compliance Dates, Coronavirus/COVID-19, Employer Mandates, Enforcement Authority, Masks

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Richard Raleigh Jr.

FTC Abandons Efforts to Ban Virtually All Employee Non-Competes

After a year-and-a-half of uncertainty, the Federal Trade Commission’s efforts to ban employers from enforcing most non-compete clauses against employees have come to an end… more

Appeals, Biden Administration, Employment Contract, Enforcement Actions, Federal Trade Commission (FTC)

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William Ramsey

Universal Music Group’s Recent Success in Blocking Section 203 Termination Rights Could Pose a Threat to Artists’ Abilities to Reclaim Sound Recording Rights in the Future.

On January 8, 2026, the U.S. District Court in the Southern District of New York granted Universal Music Group’s motion to dismiss, and in so doing, prevented hip-hop group, Salt-N-Pepa, from exercising its termination rights… more

Appeals, Contract Terms, Copyright, Copyright Litigation, Motion to Dismiss

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Deborah Ramshaw

Upcoming Changes in Defense Related Procurement: What You Need to Know

When we talk about defense related procurement, we're referring to defense and security contracts which are public contracts. Defense procurement reform has been a significant topic on the House of Commons agenda for some… more

Defense Sector, Effective Date, EU, EU Directive, National Security

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Ripley Rand

Administration's Anti-Corruption Efforts Likely to Yield Greater FCPA Enforcement in Latin America and Beyond

On June 3 of this year, the Biden Administration made plain its commitment to fighting corruption around the world, releasing a document identifying the fight against corruption “as an economic and national security priority”… more

Anti-Corruption, Biden Administration, Blocked Person, Compliance, Corporate Transparency Act

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Claire Rauscher

[Webinar] Second Annual Health Care Fraud Symposium - December 10th, 12:30 pm - 2:30 pm ET

Heath care fraud remains a top priority for the DOJ. This year’s National Health Care Fraud Takedown was the biggest in United States history, resulting in the prosecution of 324 defendants in connection with over $14.6 billion… more

Banking Sector, C-Suite Executives, Civil Investigation Demand, Continuing Legal Education, Criminal Investigations

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Dillon Redding

Certification and AI in eVTOLs and eCTOLs: Industry Leaders Avoid Autopilot in Bringing Electric Aircraft to Market

This client alert was originally published in Monitor Daily. The march toward electric vertical takeoff and landing aircraft (eVTOL) certification is progressing, though some predict a delay in eVTOLs’ market entry. Leading… more

Aircraft, Artificial Intelligence, Electric Vehicles, Federal Aviation Administration (FAA), Research and Development

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Vicki Redman

WBD Energy Survey and the Innovation Interchange: The Energy Transition for Non-Energy Companies

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… more

Clean Energy, Climate Change, Construction Industry, Critical Infrastructure Sectors, Electric Vehicles

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Jonathan Reid Reich

Sam Bankman-Fried Case Provides Lessons on Fraud and D&O Insurance

Sam Bankman-Fried’s criminal trial started this week; and on the same day, he sued one of his director & officer insurers. And a lot of people are asking, why? Is the timing a coincidence or on purpose? Shouldn’t he be focused… more

Bad Faith, Commercial General Liability Policies, Commercial Insurance Policies, Criminal Prosecution, D&O Insurance

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Charlie Reid

Global Finance: Today’s Risks and Rewards in an Evolving Industry

The global finance industry has been undergoing a significant shift in recent years, with investment patterns showing a slow but steady pivot towards Low Income, Lower Middle Income, and Upper Middle Income nations, as… more

Africa, China, Electric Vehicles, Emerging Growth Companies, Energy Sector

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Andrew Rennick

Micro-captive Insurance Reportable Transactions and the Reporting Requirements

Certain micro-captive transactions are back to being reportable. On January 14, 2025, the Treasury Department and the Internal Revenue Service (“IRS”) published final regulations (the “Regulations”) that named some micro-captive… more

Captive Insurance Company, Final Rules, Financial Services Industry, Income Taxes, Insurance Industry

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Veronica Renzi

Congressional Investigations: What Business Leaders Need to Know Now

Members of Congress have a Constitutional obligation to regularly conduct investigations and oversight to ensure that laws are being faithfully executed, tax dollars are being spent responsibly, and emerging issues are well… more

Compliance, Congressional Committees, Congressional Investigations & Hearings, Congressional Oversight, Government Officials

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Jesse Reyes

Significant New Clean Energy and Climate Act becomes law in Massachusetts

On August 11, 2022, Massachusetts Governor Charlie Baker signed into law An Act driving climate policy forward. After months of heavy legislative activity involving a wide range of stakeholders in the clean energy and… more

Agricultural Land, Clean Energy, Climate Change, Electric Vehicles, Energy Storage

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Carrie Richey

What in the [Meta]World?: Abitron Creates More Questions than Answers

At a glance, a unanimous Supreme Court, holding that two provisions of the trademark-governing Lanham Act (15 U.S.C. §§ 1114(1)(a) and 1125(a)(1)) do not apply extraterritorially and extend only to alleged infringement in… more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Intellectual Property Litigation, International Trade, International Trademark Protection

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Kimberly Richmond

Federal Court Scraps SEC Private Fund Advisers Rule

In a victory for the private funds industry, the United States Court of Appeals for the Fifth Circuit vacated the SEC’s recently adopted Private Fund Adviser Rule on June 5, 2024. In other words, the controversial rule, which… more

Dodd-Frank, Investment Adviser, Investment Advisers Act of 1940, Private Funds, Retail Investors

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Oliver Rickett

Navigating the AI investment landscape: strategic considerations in AI business acquisitions

Artificial intelligence, although still in its infancy, is continuing to evolve rapidly and proving to be one of the most dynamic and transformative technologies of our time. As AI technologies continue to develop, so too does… more

Acquisitions, Artificial Intelligence, Data Privacy, Due Diligence, Innovation

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Jake Rifkin

Tender Offer Rules & Regulations: What Private Companies Need to Know

Though more commonly associated with publicly listed companies, tender offer rules and regulations apply to private company transactions as well. Tender offers provide a mechanism for a prospective investor, or the company… more

Investors, Liquidity, Multi-Factor Test, Privately Held Corporations, Regulatory Requirements

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Katie Rios

[Hybrid Event] 2025 Arizona Last Chance CLE - June 25th, Phoenix, AZ

Don't let the June 30th deadline sneak up on you! Ensure you meet your MCLE requirements with our all-day CLE event. This year’s Last Chance CLE offers a diverse array of engaging sessions covering key topics and recent legal… more

Artificial Intelligence, Commercial Leases, Commercial Tenants, Continuing Legal Education, Contract Disputes

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Jason Rockman

U.S. Patent and Trademark Office Sets 2025 Fee Schedule

The United States Patent and Trademark Office (USPTO) has finalized its fee schedule for 2025. The updated fee schedule is effective on January 19, 2025. It includes increases to most standard office fees… more

Fees, Filing Fees, Surcharges, USPTO

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Frederick Rom

New OSHA Guidance for Recording COVID-19 Cases at Work

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

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employee Privacy Rights, Infectious Diseases, New Guidance

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Pamela Rothenberg

Guide to Buying Buildings From the Federal Government

The federal government’s recent policy changes and accelerated disposition of surplus properties have created significant new opportunities for commercial real estate investors. As the Trump administration actively works to… more

Commercial Real Estate Market, Deregulation, Executive Orders, Federal Acquisition Regulations (FAR), Federal Property and Administrative Services Act (FPASA)

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Lisa Rushton

Department of Energy Establishes National Environmental Policy Act Categorical Exclusion for Advanced Reactors: What It Is, Who It Helps, and How to Use It Now

On February 2, 2026, the U.S. Department of Energy (DOE) announced a new categorical exclusion (CATEX) under the National Environmental Policy Act (NEPA) covering the authorization, siting, construction, operation,… more

Comment Period, Department of Energy (DOE), Energy Policy, Energy Sector, Environmental Assessments

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Karl Rutledge

Industry Guidance for Online Gaming Products

On January 16, 2026, the Nevada Gaming Control Board (“Board” or “NGCB”) issued Notice 2026-04, providing significant new guidance for Nevada gaming licensees and applicants involved in online gaming products offered in… more

Due Diligence, Foreign Jurisdictions, Gaming Commissions, New Guidance, Online Gaming

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Dean Wayne Rutley

M&A Trends in the Opportunity Economy

The M&A market is at a record pace in 2021. Womble Bond Dickinson attorneys D. Scott Anderson and Dean Rutley discussed the ongoing M&A boom and the factors they see impacting corporate transactions in the near future… more

Acquisition Agreements, Acquisitions, Buyers, Coronavirus/COVID-19, Due Diligence

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Sharon Salcedo

Is Medical Cannabis an Effective Treatment for Autism? A Recent US DHHS Recommendation Renews Hope for Much Needed Research

Autism Spectrum Disorders (ASD) are lifelong neurodevelopmental conditions that usually appear in infancy or early childhood, and for which no single cause has been identified. ASD core symptoms include restricted or repetitive… more

Cannabidiol (CBD) oil, Cannabis Products, Medical Marijuana, Medical Research, THC

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Michael Samardzija Ph.D.

NIH Hits Pause: The SBIR/STTR Freeze Shaking America’s Innovation Pipeline

The National Institutes of Health (NIH) ended all active Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) funding opportunities. (see NIH’s Notice NOT-OD-26-006)… more

Federal Funding, Funding Opportunities, Innovation, National Institute of Health (NIH), Research and Development

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Isaac Sanders

Government Shutdown Affects Federal Courts

The U.S. government shutdown is now in its fourth week, and the funding standoff is now impacting federal courts. The Administrative Office of the U.S. Courts has confirmed that, as of October 20, the courts no longer have… more

Appellate Courts, Article III, Bankruptcy Court, Business Court, Court Schedules

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Samuel Savanich

USPTO Director Squires Continues Strong Pro-Patent Initiatives: Formation of Standard-Essential Patent Working Group

On December 29, the U.S. Patent and Trademark Office (USPTO) announced the creation of a Standard-Essential Patent (SEP) Working Group. Deputy General Counsel for Intellectual Property Law, Solicitor Nicholas Matich, and Senior… more

Enforcement Actions, Injunctive Relief, Innovation, Intellectual Property Protection, Patent Litigation

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John Scannapieco

Bridging the Gap: Applying Anti-Money Laundering Techniques and AI to Combat Tariff Evasion

In today's global economy, characterized by complex supply chains and escalating trade tensions, tariff evasion has emerged as a significant threat to economic stability, fair competition, and government revenue. Traditional… more

Anti-Money Laundering, Artificial Intelligence, Customs, Enforcement, Evasion

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Scott Schaaf

Federal Enactment of Adjustable Interest Rate (LIBOR) Act

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

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Jesse Schaefer

EPA Proposes Replacement to Clean Power Plan

Earlier this week, on August 21, President Trump’s Environmental Protection Agency (“EPA”) proposed a rule pursuant to Section 111(d) of the Clean Air Act (“CAA”) intended to replace the embattled Clean Power Plan (“CPP”) issued… more

Carbon Emissions, Clean Air Act, Clean Power Plan, Comment Period, Deregulation

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Edward Schnitzer

Future Royalties and Bankruptcy: The Royalty Rollercoaster

Be careful when you sell intellectual property (“IP”) in return for future royalty payments. You may think your contract is airtight, guaranteeing you a future annuity on the sales of product relating to your IP, but that might… more

Bankruptcy Code, Commercial Bankruptcy, IP License, Royalties, Sanofi

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Cory Schug

Watch Your Step: Negative Claim Limitations Present Pitfalls and Secondary Considerations are No Safety Net

As a matter of best practices, patent practitioners draft claims of various types to protect inventions from multiple angles and to improve the chances of reaching allowable claims. Sometimes, this includes drafting claims with… more

Appeals, CAFC, Claim Construction, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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Nathan Searles

[Hybrid Event] Risk-Based Strategies for Using Online Tracking and Personalized Digital Advertising Amid Complaints, Demand Letters and Other Scrutiny - October 24th, Raleigh, NC

California was the first US state with a comprehensive privacy law the California Consumer Privacy Act (“CCPA”), 4 more states followed with omnibus privacy laws effective this year and state legislatures passed 8 more this… more

Advertising, Behavioral Advertising, Continuing Legal Education, Cookies, Data Privacy

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Dana Severance

Federal Circuit: Claim Construction Not Forbidden Per Se at Motion to Dismiss Stage

On October 18, 2024, the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), addressing, in relevant part, the propriety of claim construction at the Rule 12… more

Claim Construction, Corporate Counsel, Federal Rule 12(b)(6), Motion to Dismiss, Patent Infringement

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Stephen Sharbaugh

FCC Alerts Broadcasters of Cybersecurity Threat

The Federal Communications Commission’s Public Safety and Homeland Security Bureau (PSHSB) has issued a Public Notice alerting broadcasters of a recent string of cybersecurity intrusions against radio broadcasters that resulted… more

Cyber Attacks, Cybersecurity, Emergency Alerts, FCC, New Guidance

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Sid Shenoy

SEC Alters Shareholder Proposal Landscape

On November 17, 2025, the Division of Corporation Finance (the “Division”) of the Securities and Exchange Commission (the “SEC”) issued a statement announcing a seismic change to its review of shareholder proposals for the… more

Corporate Governance, Disclosure Requirements, No-Action Letters, Proxy Season, Rule 14a-8

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Anna Short-Slightom

North Carolina Adopts Law to Permanently Allow Remote Online Notarization

Last week, Governor Cooper signed House Bill 776 that permanently codifies remote online notarization and restores emergency video notarization. Remote Online Notarization (“RON”) will become effective on July 1, 2023, and… more

Electronic Notarization Standard, Governor Cooper, Notarization, Remote Notarization

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Hayden Silver, III

Key Takeaways from the 2025 Oxford Generative AI Summit

On October 16-17, 2025, over 200 leaders from industry, government, academia, the media, and the law came together at Jesus College, Oxford for the 2025 Oxford Generative AI Summit (OxGen AI 25). During the two-day summit, there… more

Artificial Intelligence, Change Management, China, Competition, Corporate Counsel

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Robert Silverman

BEAD Letter of Credit Requirements Relaxed by NTIA Waiver

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

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Katie Simmonds

Artificial Intelligence: Sustainability Reporting

Artificial intelligence (AI) needs a large amount of computing power, and each unit of computing power consumes significant amounts of electricity. This computing largely takes place in data centers which are rapidly being… more

Artificial Intelligence, Climate Change, Data Centers, Energy Sector, EU

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Jeffrey Simpson

Micro-Captive Reportable Transaction Deadline Effectively Extended

On Friday, April 11, 2025, the Internal Revenue Service issued Notice 2025-24 (the “Notice”), which waives applicable penalties under the Internal Revenue Code to participants in, and material advisors to, reportable… more

Captive Insurance Company, Disclosure Requirements, Filing Deadlines, Insurance Industry, Internal Revenue Code (IRC)

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Rajan Singh

GovTech M&A

A Selection of Evolving Trends in Mergers and Aquisitions - Buyers are aggressively targeting companies with differentiated technology and strategically-positioned intellectual property… more

Acquisitions, Blockchain, Buyers, Commercial General Liability Policies, Cybersecurity

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Maggie Singletary

Automated External Defibrillators: An Untapped Source of Medical Records?

An estimated 350,000 out-of-hospital cardiac arrest deaths occur each year in the U.S. Approximately 10% of those who experience out-of-hospital cardiac events survive. Use of automated external defibrillators (AED), however,… more

Data Collection, Data-Sharing, Electronic Medical Records, Medical Devices, Medical Records

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Rose Smalley-Gordon

More for Your Money – Cost Savings on UK/EU Trademark Protection

In the current climate, we understand that businesses are looking to make cost savings while maximizing the return on their spend. Here are some simple measures that organizations should explore to make the most of their funds… more

EU, Intellectual Property Protection, Member State, Trademark Application, Trademark Registration

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Stephanie Smiertka Riley

Snack Wars: Mondelez Challenges Aldi’s Packaging Design Strategy in Trademark Infringement Lawsuit

The Aldi supermarket chain has built a loyal and growing following—Aldi is on pace to open more than 225 new stores this year and promotes itself as a lower-cost alternative to traditional brands. Aldi has previously used the… more

Consumer Protection Laws, Grocery Stores, Product Packaging, Retailers, Slogans

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Greg Smith

Trump Administration’s ‘Regulatory Sprint’ Includes Revisions to Stark Law and Anti-Kickback Statute

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

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Alison Smullen

Impact Investing: A Growing Trend For Foundations On Both Sides Of The Pond

The last few years have seen an increasing number of foundations engage in a wide spectrum of impact investing i.e. investing to generate a social return and further their mission or a social purpose, rather than investing to… more

Charitable Donations, Foreign Investment, International Tax Issues, Investors, IRS

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Peter Snaith

Shifting Policies and Complex Trade Agreements: The Forces Shaping Global Trade (Part 2 of 2)

This article is based on a podcast recorded August 22, 2025, featuring a conversation on the complex world of international trade with WBD (UK) Partner Peter Snaith, WBD (US) Partner Alan Enslen, and Barbourne Brook… more

Artificial Intelligence, Customs and Border Protection, Imports, International Trade, Section 232

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Stephen Snyder

FERC Moves to Fill the Tariff Gap on Co-Located Load in PJM

A little more than one year after the co-location of data centers and generation emerged as a defining issue for the Federal Energy Regulatory Commission, the agency established a regulatory runway for large load investments by… more

Advanced Notice of Proposed Rulemaking (ANPRM), Data Centers, Federal Power Act, FERC, Interconnections

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Patrick Spaugh

Peloton Pays CPSC $19 Million for Failure to Report and Reselling Recalled Products

As 2022 came to a close, the U.S. Consumer Product Safety Commission (CPSC) had one last order of business. On December 28, 2022, the CPSC provisionally accepted a settlement agreement with Peloton Interactive, Inc. (“Peloton”),… more

Civil Monetary Penalty, Consumer Product Safety Commission (CPSC), Corporate Liability, Enforcement Actions, Failure to Report

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Marjorie Spivak

Cross-Border Cybersecurity Advisory Recommendations to Combat Cyber Threat Actors

The U.S. has joined 12 other nations in releasing a Joint Cybersecurity Advisory providing an update on the Salt Typhoon cyber espionage campaign, as well as new security recommendations for government and private sector… more

China, Cross-Border, Cyber Attacks, Cyber Espionage, Cyber Threats

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Randel Springer

Supreme Court Rules in Favor of Slants Rock Band

On Monday, June 19, 2017, the U.S. Supreme Court (“SCOTUS”) invalidated a 70-year-old provision of U.S. trademark law that previously barred registration of “offensive” trademarks. The high court held that the federal government… more

Disparagement, First Amendment, Football, Free Speech, Lanham Act

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Martin Stern

FCC Registration Number (FRN) Holders Take Note: Update Records Within 10 Days or Face $1000 Per Day Fine

In a little noticed FCC rule change that went into effect on February 5, any entity that has an FCC Registration Number (FRN) faces a $1,000 per day penalty for the failure to update its registration information in the FCC’s… more

Amended Rules, FCC, Filing Deadlines, Penalties, Registration Requirement

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Mariam Stockton

Universal Music Group’s Recent Success in Blocking Section 203 Termination Rights Could Pose a Threat to Artists’ Abilities to Reclaim Sound Recording Rights in the Future.

On January 8, 2026, the U.S. District Court in the Southern District of New York granted Universal Music Group’s motion to dismiss, and in so doing, prevented hip-hop group, Salt-N-Pepa, from exercising its termination rights… more

Appeals, Contract Terms, Copyright, Copyright Litigation, Motion to Dismiss

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Stuart Stogner

Reimagining Legal Operations: The Law Department of the Future

Legal departments exist within the overall businesses they serve. With that has come a recognition that the business of doing law is a core component of how in-house legal services are delivered, and ample guidance must be given… more

Chief Legal Officers, Client Services, Corporate Counsel, Corporate Law Departments, Legal Operations

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Edward Stone

Torturous Treatment of Transatlantic Trusts

I say Settlor… The popularity of lifetime trust giving in the UK has been on a downward trend since April 2006 when the Labour government introduced reforms specifically aimed at stopping trusts “being used to shelter wealth… more

Inheritance Tax, International Tax Issues, Tax Avoidance, Tax Planning

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Jamie Stone

Weathering the Storm: Contract Strategies for Supply Chain Resilience in the UK and US

In the post-Covid era, we are all familiar with the concept of supply chain disruption. International supply chains have been impacted by war in Ukraine, geopolitical tensions, extreme weather events and climate change. They are… more

Business Interruption, Corporate Counsel, Distributors, Force Majeure Clause, Manufacturers

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Sarah Motley Stone

Recent FCA Investigations at Universities: A Closer Look at Cybersecurity Compliance

In recent years, the U.S. Department of Justice has ramped up its examination of cybersecurity compliance among federal contractors, with a particular focus on academic institutions… more

Compliance, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), Department of Justice (DOJ)

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Susan Strebel Sperber

Colorado Bill Restricts Non-Compete Agreements and Creates Substantial Penalties for Violations

A Colorado law will take effect in August 2022 that substantially changes what is permissible for non-compete and non-solicitation employment agreements. Currently, Colorado allows employers to require non-compete… more

Employer Liability Issues, Employment Contract, Hiring & Firing, Labor Reform, Labor Regulations

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Rebecca Stringer

GDPR Compliance Task Force - One Month to Go

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)

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Patrick Strubbe

The Importance of Understanding Force Majeure Clauses in Contracts Amid Recent Disasters

In recent years, natural disasters have become increasingly frequent and severe, disrupting industries and communities worldwide. Events such as Hurricane Helene and the extreme weather conditions experienced in Western North… more

Acquisitions, Business Interruption, Business Losses, Contract Negotiations, Contract Terms

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Michael Sullivan

American Home Furnishings Association Spotlights new Voluntary Safety Standards for Tip Restraint Devices

Customer safety related to preventing tip-over accidents is a top priority for furniture manufacturers and federal regulators alike. In April 2023 the ASTM 2057-23 voluntary standard became mandatory when the CPSC determined it… more

Consumer Product Safety Commission (CPSC), Consumer Protection Laws, Furniture Industry, Safety Standards

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Matthew Sweger

Court Ruling Reinstates Corporate Transparency Act Enforcement; Filing Deadlines Now Set

On February 18, 2025, the nationwide injunction against enforcing the Corporate Transparency Act (CTA) was “stayed” by Eastern District Court Judge Jeremy Kernodle (citing the Supreme Court’s ruling in Texas Top Cop Shop), and… more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, Filing Deadlines, FinCEN

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Jeffrey Tarkenton

Windstream Bankruptcy Court Slams Charter Communications for Violating Automatic Bankruptcy Stay, Holds Company in Contempt

The breadth and scope of the Bankruptcy Code’s automatic stay and the potential cost a company may face for violating the stay made national news last week in a dust-up between two telecom providers, when the U.S. Bankruptcy… more

Attorney's Fees, Automatic Stay, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Helen Tavroges

HMRC's Online Register of Trusts: Why You May Need to Take Action Now

If you are the trustee of a non-UK trust which has UK assets or UK sources of income, you need to take action before 5 March 2018 or face potential civil and even criminal penalties. The EU's Fourth Anti-Money Laundering… more

Anti-Money Laundering, Beneficial Owner, Corporate Crimes, EU, Financial Conduct Authority (FCA)

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Erin Taylor

[Webinar] Second Annual Health Care Fraud Symposium - December 10th, 12:30 pm - 2:30 pm ET

Heath care fraud remains a top priority for the DOJ. This year’s National Health Care Fraud Takedown was the biggest in United States history, resulting in the prosecution of 324 defendants in connection with over $14.6 billion… more

Banking Sector, C-Suite Executives, Civil Investigation Demand, Continuing Legal Education, Criminal Investigations

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Kristen Thall Peters

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate… more

Commercial Real Estate Contracts, Construction Contracts, Contract Terms, Data Centers, Environmental Social & Governance (ESG)

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Amanda Thatcher

Update: CTA Filing Requirements Are "On" - Compliance Required by January 13, 2025 (for most reporting companies)

On December 23, 2024, the Court of Appeals for the Fifth Circuit stayed the nationwide injunction enjoining the U.S. government from enforcing the Corporate Transparency Act (the “CTA”) and the corresponding reporting… more

Appeals, Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act

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Michael Thelen

New Year Resolutions Triggered by Senate Bill 382

After the North Carolina General Assembly overrode Governor Cooper’s veto of Senate Bill 382, which became Session Law 2024-57 (the “New Law”), we published a client alert describing the state-wide effect of the New Law… more

Administrative Authority, Community Development, Congressional Override, Governor Vetoes, Land Developers

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Brian Thomas

Iowa on the Brink of Embracing Captive Insurance

Iowa is on the brink of becoming the next state to embrace captive insurance companies. On April 24, the Iowa Senate unanimously passed Senate File 549 (SF 549), as amended, “a bill for an act relating to captive insurance… more

Captive Insurance Company, Governor Reynolds, Insurance Industry, Pending Legislation

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Ryan Thompson

The One Big Beautiful Bill: A Bonus for Equipment Finance

The One Big Beautiful Bill Act was signed into law by President Donald Trump on July 4, 2025. The OBBB offers material benefits to the players in the equipment finance industry including lessors, lessees, lenders, borrowers,… more

Bonus Depreciation, Clean Energy, EBITDA, Energy Storage, Equipment Lease

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Matthew Tilley

Competition and Antitrust Law Enforcement Act Proposes Wholesale Changes to U.S. Antitrust Law

Executive Summary: Congress is considering proposed legislation would substantially rewrite U.S. antitrust law. If approved, the “Competition and Antitrust Law Enforcement Act of 2021” would increase the compliance burden on… more

Antitrust Provisions, Competition, Federal Trade Commission (FTC), Mergers, Proposed Legislation

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Andrew Tingley

Brexit – Deal or No Deal. The immigration implications

As the prospect of the United Kingdom leaving the European Union creeps ever closer, one wonders whether the last two years could have been better dealt with by Howie Mandel in the US or Noel Edmonds in the United Kingdom… more

Article 50 Treaty of the EU, EU, Foreign Nationals, Immigrants, Immigration Procedures

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Trevor Tomlinson

OBBBA’s Ripple Effect: Strategic Implications for the Data Center Sector

The enactment of the One Big Beautiful Bill Act (“OBBBA”) on July 4, 2025 introduced major legal and regulatory changes across various sectors… more

Clean Energy, Data Centers, Energy Policy, Energy Sector, Energy Storage

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Jeffrey Topor

Ninth Circuit confirms all members of a certified damages class must establish standing to survive summary judgment in Healy v. Milliman, Inc., _F.4th_, 2026 U.S. App. LEXIS 554 (9th Cir. Jan. 9, 2026)

The Ninth Circuit recently answered an important open question in the class action context that may provide defendants an additional exit ramp, specifically, whether “following class certification, both named and unnamed class… more

Appellate Courts, Article III, Class Action, Damages, Evidence

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Chris Towner

[Webinar] Energy Outlook 2026: Resilience, Risk, and the Road Ahead - February 12th, 10:00 am - 11:00 am ET

Escalating demand, rising costs, shifting policy, and tech-driven disruption are transforming the energy landscape. Join us virtually for the launch of our global Energy Outlook 2026 report featuring insights from senior… more

Artificial Intelligence, Continuing Legal Education, Data Centers, Energy Costs, Energy Market

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Jessica Tresham

How to Navigate Pitfalls in Major Projects

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

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Paul Turner

Regional Hydrogen Hubs: Developing the Transit for Energy Transition

Although reliance on coal has been declining, even in 2021, coal still supplied over 10% of the United States’ energy consumption, according to the EIA. But, in a matter of approximately 15 years, many hope that Verne’s vision… more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

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JD Uglum

Crypto Regulatory Roundup - Q1 2025

Since President Trump’s inauguration, the crypto industry has been on a tear. And no, this time, we’re not just talking about the price of Bitcoin. In the past two months, Washington D.C. has taken a deliberate interest in the… more

Banking Sector, Banks, CFTC, Cryptocurrency, Digital Assets

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Chris Underwood

April 19 Sunrise Deadline to Register Brands in Alternative Root Domains Such As (dot)NFT

A new internet frontier is opening, one that is not associated with or controlled by the Internet Corporation for Assigned Names and Numbers (ICANN) and shares little in common with the more well-known and used TLDs such as… more

Blockchain, Brand, Brand Registry, Domain Name Registration, Domain Names

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Mark Vaders

Peloton Pays CPSC $19 Million for Failure to Report and Reselling Recalled Products

As 2022 came to a close, the U.S. Consumer Product Safety Commission (CPSC) had one last order of business. On December 28, 2022, the CPSC provisionally accepted a settlement agreement with Peloton Interactive, Inc. (“Peloton”),… more

Civil Monetary Penalty, Consumer Product Safety Commission (CPSC), Corporate Liability, Enforcement Actions, Failure to Report

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Alidad Vakili

Navigating the AI investment landscape: strategic considerations in AI business acquisitions

Artificial intelligence, although still in its infancy, is continuing to evolve rapidly and proving to be one of the most dynamic and transformative technologies of our time. As AI technologies continue to develop, so too does… more

Acquisitions, Artificial Intelligence, Data Privacy, Due Diligence, Innovation

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Jennifer Van Kirk

F-Word as a Trademark? Federal Circuit Leaves the Door Open as it Vacates TTAB’s Decision

Last year, we told you about the Trademark Trial and Appeal Board (“TTAB”) refusing to register a trademark for the “F-Word” on cell phone cases, luggage, jewelry, and other goods. On August 25, the Federal Circuit said, “Not so… more

Appeals, Appellate Courts, CAFC, First Amendment, Iancu v. Brunetti

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Lee Van Voorhis

FTC Abandons Efforts to Ban Virtually All Employee Non-Competes

After a year-and-a-half of uncertainty, the Federal Trade Commission’s efforts to ban employers from enforcing most non-compete clauses against employees have come to an end… more

Appeals, Biden Administration, Employment Contract, Enforcement Actions, Federal Trade Commission (FTC)

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Stephen Vaughan

[Webinar] Title IX Hearing Officer Training - November 10th, 10:00 am - 4:30 pm ET

With the additional procedural requirements imposed by the 2020 Title IX Regulations, Womble Bond Dickinson’s higher education team is pleased to invite you and your team to participate in its upcoming Title IX/VAWA trainings… more

Colleges, Dating Violence, Domestic Violence, Educational Institutions, Investigations

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Lester Vincent

USPTO Launches Semiconductor Technology Pilot Program to Expedite Patent Examinations and Support the CHIPS Act

The US Patent and Trademark Office (USPTO) launched the Semiconductor Technology Pilot Program on December 1, 2023 for patent applications for processes or apparatuses for manufacturing semiconductor devices. Applications that… more

Expedited Actions Process, Patent Applications, Patents, Semiconductors, USPTO

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José Luis Vittor

[Webinar] U.S. Anti-Corruption Enforcement in Latin America - November 19th, 12:00 pm - 1:15 pm ET

Latin America has been the focus of considerable attention by the DOJ. Despite strong ties based on trade, shared values and democratic traditions, Latin America is being tested with new and precarious challenges from aggressive… more

Anti-Corruption, Biden Administration, Department of Justice (DOJ), Enforcement, FEPA

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James Walker

Supreme Court Clarifies Shareholder Agreement Valuations for Estate Tax Purposes in Connelly v. United States

Many co-owners of closely held businesses will employ life insurance as a tool for funding the transfer of ownership in the business upon the death or retirement of an owner. In these cases, planning involves the use of… more

Business Succession, Business Valuations, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States

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Kristin Walker-Probst

The CARES Act: How <500 Employee Small Businesses Can Stay Afloat Via The Paycheck Protection Loan Program

In this guide, we will help you determine if a PPP loan is the right option for your business and how to prepare for the application process while we await application guidance from the SBA. On March 27, 2020, President Trump… more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA Lending Programs

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Genevieve Walser-Jolly

Texas Settles Constitutional Challenge to the Texas Mini-TCPA: What This Means

Are you sending marketing text messages or placing telemarketing calls to individuals in Texas? If so, then you’ve probably been tracking the amendments to the Texas mini-TCPA, which took effect on September 1, 2025. Below we… more

Constitutional Challenges, Consumer Protection Laws, Corporate Counsel, Private Right of Action, Registration Requirement

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Jason Walters

Fax Offering Free Webinar Found Sufficient to be “Unsolicited Advertisement” for Motion to Dismiss

The Fourth Circuit Court of Appeals, in a split decision, gave further insight into what “unsolicited advertisement” means under the TCPA… more

Advertising, Faxes, TCPA, Unsolicited Faxes

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Peter Wand

Supreme Court Clarifies Shareholder Agreement Valuations for Estate Tax Purposes in Connelly v. United States

Many co-owners of closely held businesses will employ life insurance as a tool for funding the transfer of ownership in the business upon the death or retirement of an owner. In these cases, planning involves the use of… more

Business Succession, Business Valuations, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States

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Ran Wang

Be Wary of Provisional Priority Dates in Prior Art

Patent applicants often file provisional applications at the United States Patent and Trademark Office (USPTO) to secure a priority date before filing a full-blown utility patent application for their inventions… more

Patent Applications, Patent Examinations, Patents, Prior Art, Priority Date Cutoff

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Matthew Ward

Update on Silicon Valley Bank Failure and Recent Actions Taken by the Federal Government to Strengthen Confidence in the U.S. Banking System

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

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William Warnock Jr.

South Carolina Surety Law Update

Sureties may be bound by mandatory arbitration provision in a principal’s contract per a recent ruling by the U.S. District Court for the District of South Carolina. Surety claim representatives must frequently decide whether… more

Arbitration, Construction Industry, Contract Terms, Mandatory Arbitration Clauses, Surety Bonds

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Courtney Wenrick

Mini-TCPA Updates

May was a big month for State Mini-TCPA statutes. Florida passed an amendment to the Florida Telephone Solicitation Act, Fla. Stat. § 501.059 (“FTSA”), New Jersey amended its telemarketing law with Bill S921 (“Seinfeld Bill”),… more

Amended Legislation, Auto-Dialed Calls, Governor Murphy, New Legislation, Prior Express Consent

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Alexander Wharton

USPTO Replaces AI Inventorship Guidance

On November 28, 2025, the USPTO published new guidance on the Federal Register, replacing and rescinding its prior February 13, 2024 “Inventorship Guidance for AI-Assisted Inventions.”… more

Artificial Intelligence, Intellectual Property Protection, Inventors, Joint Inventors, Machine Learning

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Jacob Wharton

TTAB Extends Time to Respond to a Complaint (With a Caveat)

Per a Federal Register Notice today from the USPTO, the Trademark Trial and Appeal Board (TTAB) has extended the time period to respond to a complaint in a TTAB trial proceeding to sixty (60) days… more

Code of Federal Regulations (CFR), Federal Register, Filing Deadlines, Madrid Protocol, Time Extensions

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Brendan White

Colorado PFAS Act Likely Just the Beginning of New PFAS Chemical Regulation

The term “PFAS” has become a “four-letter word” that refers to a common group of perfluoroalkyl and polyfluoroalkyl chemical substances, which are the subject of increasing regulation. There are several key takeways from this… more

CERCLA, Environmental Protection Agency (EPA), New Legislation, PFAS, Popular

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Joe Whitley

Presidential Proclamation Related to $100,000 H-1B Payment Update

On October 20, 2025, U.S. Citizenship & Immigration Services (USCIS) issued additional guidance on implementing the $100,000 H-1B payment including how to make the payment, and information on how to request an exception to the… more

Business Immigration, Department of Homeland Security (DHS), Filing Fees, Foreign Nationals, Foreign Workers

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Jeffrey Whittle

NIH Hits Pause: The SBIR/STTR Freeze Shaking America’s Innovation Pipeline

The National Institutes of Health (NIH) ended all active Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) funding opportunities. (see NIH’s Notice NOT-OD-26-006)… more

Federal Funding, Funding Opportunities, Innovation, National Institute of Health (NIH), Research and Development

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C. Mark Wiley

Legal Guide to Starting a Business in the United States

Starting a business in the United States can open doors for massive opportunity and success. Along the way, however, businesses will encounter a number of legal and regulatory hurdles. This “Guide to Starting Business in the… more

Business Formation, Choice of Entity, Corporate Structures, Corporate Taxes, Employer Liability Issues

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Sarah Wilk

What’s in a Name? Delaware Amends Trade Name Registration Process

UPDATE as of May 28, 2025: Implementation has been delayed until February 2, 2026. Business entities should still prepare for this coming change. Delaware has overhauled how business entities register and maintain trade names… more

Business Entities, Business Licenses, Compliance Dates, Doing Business, Filing Deadlines

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Yi Wilkinson Ph.D.

USPTO Newest Discretionary Denials on Settled Expectations - Best Practices for Petitioners and Patent Owners

Recently, the United States Patent and Trademark Office (“USPTO”) issued a series of discretionary denials of inter partes review (IPR) petitions, based on a new factor, the “settled expectations” of the Patent Owner… more

Best Practices, Filing Deadlines, Inter Partes Review (IPR) Proceeding, New Guidance, Patent Applications

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Chloe Williams

The Race to Renew: North Carolina Addresses Recording Requirements for Binding Lease Renewal Options

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

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Jace Williams

Design Patent Obviousness: One Year Later

One year has passed since the Court of Appeals for the Federal Circuit made its landmark decision in LKQ Corp. v. GM Global Tech. Operations LLC, which overruled the longstanding Rosen-Durling test for determining design patent… more

America Invents Act, Design Patent, Obviousness, Patent Invalidity, Patent Litigation

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Wyatt Williams

The Seminole Tribe of Florida wins in West Flagler Associates v. Haaland

After three long years, the Seminole Tribe of Florida, a leader in the fight for Tribal gaming rights, appears to have just won its latest battle – this one over a Tribe’s ability to offer mobile sports betting throughout the… more

Department of the Interior, Equal Protection, Gaming, Indian Gaming, Indian Gaming Regulation Act

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Drew Wilson

The ICO’s Penalty Against 23andMe Brings New Emphasis on Cybersecurity Risks - Key Takeaways for U.S. Companies

The dramatic increase in global reach that the internet provides U.S.-based companies comes as a double edge sword. While it significantly increases a company’s potential customer pool, it also subjects companies to… more

23andMe, Civil Monetary Penalty, Cooperation, Corporate Counsel, Cybersecurity

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Tripp Wilson

[Webinar] Dollars and Sense: How to Integrate ESG into Compensation Programs - June 23rd, 12:00 pm - 1:00 pm EDT

The program will address important issues related to incorporating ESG into compensation programs, including: - What has pushed ESG to the forefront of compensation design (i.e., what stakeholders are influencing these… more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation, Incentives

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Al Windham

AI-Generated Deepfakes in Court: An Emerging Threat to Evidence Authenticity?

Federal Rule 901 governs the authentication of evidence in court. Per the rule, “[t]o satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a… more

Artificial Intelligence, Authentication, Deep Fake, Evidence, Federal Rules of Evidence

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JD Wooten

Willful Infringement, Opinion Letters, & Post-Halo Trends

This short article aims to review recent trends in findings of willful patent infringement and enhanced damages, both in volume of motions made and the success rate of those motions. However, to appreciate current trends since… more

Enhanced Damages, Halo v Pulse, New Guidance, Opinion Letter, Patent Infringement

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John Wright, III

Gotta Catch ’Em All...In Court?: Nintendo Bolsters U.S. Patent Portfolio In Wake of Japanese Lawsuit Against Pocketpair

If you are a game developer, IP attorney, or interested in video game law, consider the ongoing patent battle involving the popular games Pokémon and Palworld. (Yes, gameplay mechanics have long been patented.) In 2024, Nintendo… more

Intellectual Property Protection, Japan, Nintendo, Patent Applications, Patent Infringement

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Pin Wu Ph.D.

Tech Giants' Pledge: Responsible AI Development for a Safer Future

On Friday, July 21, 2023, the White House announced that Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI voluntarily committed to numerous principles for the responsible development of artificial intelligence… more

Amazon, Artificial Intelligence, Automated Systems, Big Tech, Facebook

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Jason Wyman

CFPB Issues Circular to Address Consumer Reporting Dispute Investigation Questions

On November 10, 2022, the CFPB published a circular addressing perceived problems with the Consumer Reporting Agencies (“CRAs”) and furnishers handling of disputes. See Circular 2022-07. As is well-known, the FCRA requires… more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Consumer Reports, Fair Credit Reporting Act (FCRA), Financial Services Industry

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Christine Xiao

Overview of FTC’s 2026 Children’s Privacy Focus: Expect Ongoing, if not More, Attention

This article provides Womble’s recommendations for companies processing children’s data based on a recent discussion with Associate Director Wiseman regarding his personal impressions of the general state of the FTC’s… more

COPPA, Data Privacy, Data Processors, Data Retention, Enforcement Actions

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Martha Zackin

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Jeffrey Zager

Sixth Circuit Provides Clarity about Application of Attorney-Client Privilege and Work-Product Doctrine to Internal Investigations

Business entities facing civil, criminal, or regulatory threats frequently turn to law firms to conduct internal investigations, which can be critical in formulating an appropriate response. A recent ruling from the Southern… more

Appellate Courts, Attorney-Client Privilege, Bribery, Discovery, Indictments

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Noah Zedek

2025 Executive Orders to Watch in 2026

The first year of President Donald Trump’s second term proved to be a busy one. The White House issued Executive Orders on a wide range of topics, including employment, energy and natural resources, government contracting,… more

Artificial Intelligence, Department of Defense (DOD), Diversity and Inclusion Standards (D&I), Executive Orders, False Claims Act (FCA)

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Belton Zeigler

From Renaissance to Reformation; Can Nuclear Save the Green Energy Movement?

The steam engine, the assembly line, the internet –most major transformations in economic systems are driven by innovations in technology or organizational principles, innovations that lower the costs of goods or increase their… more

Artificial Intelligence, Clean Energy, Climate Change, Data Centers, Energy Policy

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Meng Zhong

If You Have to Explain Your Joke, It’s Not Funny

After his recent acquisition of Twitter, Elon Musk announced sweeping changes to the platform. Among them is his crusade to suspend accounts impersonating others unless the account “clearly” specifies the account is for parody… more

First Amendment, Parody, Trademark Infringement, Trademark Ownership, Trademarks

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Katherine Zimmerman

Study Estimates Several Hundred Cancer Cases as a Result of First Nuclear Test

Some New Mexico residents have for decades sought recognition and compensation from the US government for injuries they alleged they suffered as a result of fallout exposure from the first test of an atomic bomb. A new study… more

Cancer, Compensation, Explosions, Nuclear Waste, Nuclear Weapons

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