Womble Bond Dickinson

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Greensboro/Winston-Salem, North Carolina Area, United States
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Georgia
  • Maryland
  • Massachusetts
  • North Carolina
  • South Carolina
  • Virginia
Other Countries
  • United Kingdom
Number of Attorneys
1,000+ Attorneys

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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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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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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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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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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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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Permitting Reform and Responsible Mining: Q&A with IRMA’s Kristi Disney Bruckner

Mined materials are in the products we use every day—our cars, jewelry, phones, laptops, and buildings—and technology for the energy transition means that more of these materials are needed for wind, solar, and electric…more

Climate Change, Energy Sector, Environmental Policies, Environmental Social & Governance (ESG), Mineral Exploration

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Unlocking the Potential of Crowdsourced Data: Policy Guidance for the Information Revolution

In an era characterized by rapid technological evolution, traditional approaches to data collection and analysis have undergone a remarkable transformation. Crowdsourced data and services have emerged as powerful tools that are…more

Analytics, Artificial Intelligence, Crowdsourcing, Data Collection, Department of Defense (DOD)

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AI has Achy Breaky Time in Tennessee (Protecting Artists’ Voices)

Tennessee has passed a law, considered one of a kind, geared at deterring unauthorized use of an individual’s voice via artificial intelligence (AI). Tennessee’s new AI law is inspired by the state’s close connection with many…more

Artificial Intelligence, Artists, Jack Daniels Properties Inc v VIP Products LLC, Music, Music Industry

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Trial and Error: The Future of Remote Litigation

Highlights - Courthouses are here to stay but virtual options may stay for pre-trial proceedings. - Remote trials raise some concerns, including due process claims. - Courts will continue to use technology to relieve the…more

Coronavirus/COVID-19, Discovery, Litigation Strategies, Popular, Remote Depositions

See all updates »

SEC Adopts Amendments to Beneficial Ownership Rules

On October 10, 2023, the Securities Exchange Commission (SEC) adopted amendments to its rules regarding the reporting of beneficial ownership. The amendments primarily focus on beneficial ownership reporting as required under…more

Beneficial Owner, Publicly-Traded Companies, Reporting Requirements, Schedule 13D, Securities and Exchange Commission (SEC)

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Looking Back and Looking Forward: What Has Happened in the Year Since the East Palestine Train Derailment

In the year since the East Palestine train derailment, rail safety has been a hot button issue in the United States. After the East Palestine derailment dominated news headlines in late February and March of 2023, there seemed…more

Department of Transportation (DOT), Federal Funding, Federal Railroad Administration, Hazardous Substances, Infrastructure

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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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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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Don’t take the Bait - Avoiding Trademark Scams

In a world where trademark owners craft their brand narratives with creativity and innovation a dark undercurrent emerges – a rising tide of scams driven by the same ingenuity and resourcefulness…more

Intellectual Property Protection, Phishing Scams, Risk Management, Scams, Spoofing

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Are COVID-19 Death Certificates Reliable?

Death certificates have proven notoriously inaccurate for a variety of reasons, usually because they are incomplete and/or the certifier doesn’t really know the patient’s medical history. Even so, national and state agencies…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Death Certificates, World Health Organization

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DOJ Announces New Policies on AI Compliance and a Pilot Whistleblower Rewards Program

Last week, senior Department of Justice leadership announced new policies and programs intended to further its “carrot and sticks” approach to corporate criminal enforcement, which has borne fruit with twice as many voluntary…more

Artificial Intelligence, CFTC, Compliance, Corporate Crimes, Corporate Misconduct

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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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FCC Sets January 22 Filing Window Deadline for Foreign Ownership One-Time Information Collection

In order to update the FCC’s records, the Federal Communications Commission (FCC or Commission) issued a Public Notice announcing the opening of a one-time information collection (Information Collection) regarding foreign…more

Data Collection, FCC, Filing Deadlines, Filing Requirements, Foreign Ownership

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FCC Proposes More Frequent Scrutiny of International Section 214 Authorization Holders; Industry Sternly Objects

In April, the Federal Communications Commission (FCC or Commission) adopted a Notice of Proposed Rulemaking (NPRM) proposing to require telecommunications carriers to renew, every 10 years, their international section 214…more

FCC, Foreign Ownership, License Renewals, National Security, NPRM

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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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Lighting the Way: ITC Decides First Case Under the Interim ID Program, Holds Domestic Industry Cannot Be Shown with Aggregated Investments in Multiple Products Covered by Different Patents

On March 22, the US International Trade Commission (ITC) issued the public version of its Commission Opinions (available here and here) in its very first case under the interim initial determination, or “Interim ID,” program…more

Administrative Law Judge (ALJ), Corporate Counsel, Design Patent, Hyundai, International Trade Commission (ITC)

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The Foreign Extortion Prevention Act: Bribe-Soliciting Foreign Officials May Soon Be Subject To Criminal Penalties

On December 14, 2023, the United States House and Senate passed the National Defense Authorization Act (NDAA), which included the Foreign Extortion Prevention Act (FEPA). This bipartisan legislation, which Senator Sheldon…more

Anti-Bribery, Anti-Corruption, Department of Justice (DOJ), Extortion, FEPA

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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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Escalation of U.S. Crackdown on Chinese Technology and Telecoms: Emerging Issues

In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives…more

Biden Administration, CFIUS, China, Commerce Control List, ECCNs

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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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Expanding International Cooperation on Export Controls and Enforcement

In early June 2023, legislation was proposed in the U.S. Congress to amend the U.S. Arms Export Control Act to provide an exemption for licensing of defense items for export to the United Kingdom (U.K.)…more

Arms Export Control Act, Bureau of Industry and Security (BIS), Collaboration, Department of Justice (DOJ), Economic Sanctions

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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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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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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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Insurance Premium Finance Exemption - Missouri Commercial Finance Disclosure Legislation

Missouri recently 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, including…more

Commercial Insurance Policies, Commercial Loans, Disclosure, Disclosure Requirements, Financing

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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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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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Navigating the Labyrinth: Artificial Intelligence in the Battle Against Trade-Based Money Laundering

In the rapidly evolving financial landscape, governments worldwide are intensifying their focus on compliance in Know Your Customer (KYC) and Anti-Money Laundering (AML) efforts for financial institutions. Trade-Based Money…more

Anti-Money Laundering, Artificial Intelligence, Bank Secrecy Act, Banking Sector, Beneficial Owner

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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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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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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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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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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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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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Be Sure to Address COVID Deferred Rent in a Lease Transfer Transaction

Tenants who are now involved in a sublease of space or an assignment of a lease that includes a COVID deferred rent payment obligation need to consider and clarify their responsibility for that future stream of payments.  Many…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Landlords

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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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[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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Consumers’ Research Universal Service Litigation Nears Inflection Point

The Fifth and D.C. Circuit federal appellate courts are now poised to issue pivotal decisions in the ongoing litigation challenging the constitutionality of the FCC’s universal service support mechanisms. Their opinions will…more

Appellate Courts, Broadband, Communications Act of 1934, Congressional Authority, Constitutional Challenges

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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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Heads-Up: Oral Phenylephrine Products, Advisories and Lawsuits

Tens of millions of Americans suffer from nasal and sinus congestion every year. People had come to rely on an increasing number of over-the-counter nasal decongestants to relieve their symptoms. The active ingredient in these…more

Food and Drug Administration (FDA), Over The Counter Drugs (OTC), Pharmaceutical Industry

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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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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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The Legislative Battles Have Begun: Markey and Eshoo Vow to “Fix” The Supreme Court’s Facebook “Error”

Mere hours after the Supreme Court’s historic decision in Facebook v. Duguid was released, the legislative fight to overturn it began. Not surprisingly, leading the charge is Senator Edward J. Markey (D-Mass.), a member of the…more

ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, Random or Sequential Number Generator

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The EU Artificial Intelligence (Al) Act: A Pioneering Framework for AI Governance

On March 13th, 2024, the European Parliament approved the EU Artificial Intelligence (AI) Act, marking a significant milestone in AI governance. This comprehensive regulation aims to ensure responsible AI development, protect…more

Algorithms, Artificial Intelligence, Cybersecurity, EU, Innovative Technology

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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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What We Are Listening for in House Education and Workforce Hearing on Columbia University’s Response to Antisemitism

On April 17, 2024, the House Education and Workforce Committee is scheduled to hold a hearing to focus on Antisemitism in Higher Education. At the witness table will be the President of Columbia University Dr. Nemat “Minouche”…more

Bias, Civil Rights Act, Colleges, Colombia, Congressional Committees

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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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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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[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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Report: DOJ Launches Investigation into Alleged Energy Pricing Benchmark Fraud

Investigators with the U.S. Department of Justice reportedly are investigating energy pricing benchmarks published by Platts, targeting suspected manipulation of deal prices provided by individual traders.  According to the…more

Benchmark Pricing, Commodities Traders, Compliance, Criminal Prosecution, Department of Justice (DOJ)

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Permitting Reform in the United States

This article is part of Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the…more

Adverse Impact, Biden Administration, Bureau of Land Management, Clean Water Act, Department of the Interior

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Recognizing the Primacy of Artificial Intelligence in America: Biden’s Executive Order Sets a High Bar for Regulation and Innovation

On October 30, 2023, President Biden issued Executive Order 14110: Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. It seeks to confirm America’s global leadership in AI and…more

Artificial Intelligence, Biden Administration, Copyright Office, Cybersecurity, Data Privacy

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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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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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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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IRS Continues Aggressive Oversight and Enforcement of Employee Retention Credits

The Employee Retention Credit (ERC) is a refundable tax credit for businesses whose employees were impacted by the COVID-19 Pandemic. The provisions are set out in § 2301 of the CARES Act and § 3111 of the Internal Revenue Code…more

Audits, CARES Act, Cooperation, Coronavirus/COVID-19, Criminal Investigations

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Can Artificial Intelligence assist with cybersecurity management?

AI has great capability to both harm and to protect in a cybersecurity context. As with the development of any new technology, the benefits provided through correct and successful use of AI are inevitably coupled with the need…more

Artificial Intelligence, Cybersecurity, Data Security, EU, General Data Protection Regulation (GDPR)

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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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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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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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2024 Energy Transition Outlook Survey Report

Womble Bond Dickinson (WBD)’s 2024 Energy Transition Outlook Survey Report points to a new phase in the multi-generational journey to Net Zero. While 56% of our respondents are deepening their focus on their transition strategy,…more

Climate Change, Commodities, Electric Vehicles, Energy Information Association (EIA), Energy Sector

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The Sky’s the Limit? TTAB Rules that Guitar-Shaped Hotel Is a Distinctive Design

For music lovers, while it may be a bit far for some to travel to Liverpool and stay in the Yellow Sub Hotel, why not have a more local adventure, in sunny Florida at The Seminole Hard Rock Hotel & Casino’s The Guitar Hotel,…more

Inherently Distinctive, Intellectual Property Protection, Trade Dress, Trademark Litigation, Trademark Trial and Appeal Board

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Trial and Error: The Future of Remote Litigation

Highlights - Courthouses are here to stay but virtual options may stay for pre-trial proceedings. - Remote trials raise some concerns, including due process claims. - Courts will continue to use technology to relieve the…more

Coronavirus/COVID-19, Discovery, Litigation Strategies, Popular, Remote Depositions

See all updates »

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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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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Trump Administration Likely to Maintain Yates Memo Priorities on Corporate Wrongdoing

As Donald Trump has now been inaugurated as the 45th President of the United States, one of the questions we are asked concerns the likely direction the Trump administration will pursue concerning regulatory/criminal…more

Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Trump Administration, Yates Memorandum

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Updates to Connecticut’s Privacy Law, Effective July 1

Connecticut’s privacy law takes effect on July 1, with some key changes after the governor signed Senate Bill 3 on June 26. Some portions of the amendments concerning newly defined “consumer health law” will have immediate…more

Amended Legislation, Consent, Consumer Privacy Rights, Corporate Counsel, Cure Periods

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Supreme Court Construes Local Law to Allow “Availability” Fees to be Charged Against Developed Property and Undeveloped Property

Infrastructure fees are a common battleground between landowners/developers and local governments. The Supreme Court decided a case this week that counts as a “win” for the local governments, reversing a Court of Appeals…more

Appeals, Fees, Land Developers, Municipalities, NC Supreme Court

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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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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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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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USCIS and DHS Announce a Revised Form I-9 and a New Option for Employers to Remotely Examine Employees’ Documents

U.S. Citizenship and Immigration Services (“USCIS”) has announced that a revised version of Form I-9, Employment Eligibility Verification will be available starting August 1, 2023. The current version can be used through October…more

Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Form I-9, Immigration Procedures

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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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Handle with Care: FCPA Travel & Hospitality Expenses

Two recent Foreign Corrupt Practices Act (FCPA) actions – a Department of Justice (DOJ) Opinion letter and an SEC settlement – underscore key diligence questions that legal and compliance departments should address when…more

Civil Monetary Penalty, Compliance, Corporate Counsel, Department of Justice (DOJ), Disgorgement

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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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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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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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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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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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The Foreign Extortion Prevention Act: Bribe-Soliciting Foreign Officials May Soon Be Subject To Criminal Penalties

On December 14, 2023, the United States House and Senate passed the National Defense Authorization Act (NDAA), which included the Foreign Extortion Prevention Act (FEPA). This bipartisan legislation, which Senator Sheldon…more

Anti-Bribery, Anti-Corruption, Department of Justice (DOJ), Extortion, FEPA

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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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FTC is Targeting Private Equity Acquisitions in Healthcare - Is Your Industry Next?

On March 5, the FTC convened a workshop with regulators, academics and stakeholders to discuss the impact of private equity in the healthcare market. The workshop reflects the FTC and DOJ Antitrust Division’s recent focus on…more

Acquisitions, Anticompetitive Behavior, Antitrust Provisions, Biden Administration, Corporate Practice of Medicine

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A “Brief” Hallucination by Generative AI Can Land You in Hot Water

A New York attorney working a personal injury case just learned why it’s called “generative” AI the hard way. In 2022, Robert Mata, represented by attorneys of Levidow, Levidow & Oberman, P.C. (“Levidow”), filed a personal…more

Artificial Intelligence, Model Rules, Professional Misconduct, Rules of Professional Conduct, Sanctions

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Should Mass Torts Plaintiffs’ Lawyers Be Allowed to Use PPP Money to Increase Their TV Advertising Spend?

Plaintiffs’ lawyers spent $67M between January and May on mass tort TV advertising, a 6.6% increase from the same time last year. As many of us work from home, learn from home, or are otherwise stuck at home due to the pandemic,…more

Advertising, CARES Act, Coronavirus/COVID-19, Federal Trade Commission (FTC), Food and Drug Administration (FDA)

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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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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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TC Heartland: The Impact of Updating Patent Venue Rules

The United States Supreme Court has been chipping away at patent rights for the past decade. The latest blow occurred on May 22, 2017, when the Court crippled the ability of patent holders to engage in forum shopping in TC…more

Congressional Intent, Forum Shopping, Patent Infringement, Patent Litigation, Patents

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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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Equifax Settles FCRA Claims Related to Reporting of Civil Judgments and Tax Liens

As part of its business, Equifax reports publicly available civil judgment and tax lien information about consumers. However, in multiple class action lawsuits filed across the United States, plaintiff-consumers alleged that…more

Attorney's Fees, Class Action, Credit Reporting Agencies, Credit Reports, Equifax

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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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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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The Supreme Court of South Carolina Adopts the Post-Loss Exception

In PCS Nitrogen, Inc. v. Cont'l Cas. Co., 436 S.C. 254, 871 S.E.2d 590 (2022), the Supreme Court of South Carolina formally adopted the “post-loss exception” - a common law rule providing that insurer consent is not required for…more

Assignments, CERCLA, Commercial Insurance Policies, Consent to Assignment, Environmental Remediation Costs

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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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Escalation of U.S. Crackdown on Chinese Technology and Telecoms: Emerging Issues

In recent years, the U.S. has pursued a whole-of-government approach to target Chinese technology and service providers in furtherance of foreign policy and national security objectives…more

Biden Administration, CFIUS, China, Commerce Control List, ECCNs

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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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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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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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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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North Carolina Develops Action Strategy for PFAS Regulation

Last week, we informed you about new federal efforts to measure and reduce PFAS contamination levels in drinking water. But there also are significant efforts to increase PFAS regulatory requirements at the state level,…more

Contamination, Department of Environmental Quality, Drinking Water, Hazardous Substances, PFAS

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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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Heads-Up: Oral Phenylephrine Products, Advisories and Lawsuits

Tens of millions of Americans suffer from nasal and sinus congestion every year. People had come to rely on an increasing number of over-the-counter nasal decongestants to relieve their symptoms. The active ingredient in these…more

Food and Drug Administration (FDA), Over The Counter Drugs (OTC), Pharmaceutical Industry

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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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Lease Words You Never Minded: Usufructs vs. Estates for Years

In 1982, one of our authors published an article discussing the distinction between the usufruct and estate for years in the February edition of the Georgia State Bar Journal. Since that time, there has been little attention…more

Ad Valorem Tax, Commercial Leases, Commercial Tenants

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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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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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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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Important May 30, 2023 Changes to the SBA’s Mentor-Protégé and Joint Venture Regulations

On May 30, 2023, the Small Business Administration’s (“SBA”) Final Rule on Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program (the “Final Rule”) became effective. The Final…more

8(a) Program, Business Development, Federal Contractors, Final Rules, General Solicitation

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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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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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USPTO to Consider Secondary Trademark Infringement in E-Commerce

In the last quarter-century, e-commerce has revolutionized businesses large and small, creating opportunities to reach a far broader customer base than ever before. Unfortunately, this unlimited online marketplace also has…more

Counterfeit Goods Regulation, Counterfeiting, E-Commerce, OECD, Online Platforms

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Can Artificial Intelligence assist with cybersecurity management?

AI has great capability to both harm and to protect in a cybersecurity context. As with the development of any new technology, the benefits provided through correct and successful use of AI are inevitably coupled with the need…more

Artificial Intelligence, Cybersecurity, Data Security, EU, General Data Protection Regulation (GDPR)

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FCC Adopts Declaratory Ruling Confirming AI Voice Calls are Subject to TCPA, Takes Enforcement Action Against Provider Allegedly Originating AI Calls Cloning President’s Voice

On February 2, the FCC unanimously adopted a declaratory ruling, effective immediately, confirming the seemingly unremarkable conclusion that artificial intelligence (“AI”) generated messages or voice calls fall within the…more

Artificial Intelligence, Cease and Desist, Clones, Declaratory Rulings, Deep Fake

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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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Supply chain disruption in Europe, UK and US: How businesses can mitigate risk

After a long period of economic and political stability, the world entered an era of relative turmoil with the onset of the Covid-19 pandemic. The effects of this and subsequent events have been acutely felt by businesses…more

Business Strategies, Manufacturers, Manufacturing Facilities, Risk Mitigation, Suppliers

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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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Lighting the Way: ITC Decides First Case Under the Interim ID Program, Holds Domestic Industry Cannot Be Shown with Aggregated Investments in Multiple Products Covered by Different Patents

On March 22, the US International Trade Commission (ITC) issued the public version of its Commission Opinions (available here and here) in its very first case under the interim initial determination, or “Interim ID,” program…more

Administrative Law Judge (ALJ), Corporate Counsel, Design Patent, Hyundai, International Trade Commission (ITC)

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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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The Impact of the National Environmental Policy Act (NEPA)

In this series of articles, your WBD team explores the pathways to finding a balance between responsible regulatory oversight and allowing mining projects for critical minerals to receive timely permitting approvals so they may…more

Climate Change, Environmental Litigation, Environmental Policies, Greenhouse Gas Emissions, Mineral Exploration

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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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10 Key Considerations for Commercial Real Estate Loan Restructurings: A Primer

The tragic and widespread effects of COVID-19 continue to unfold on a daily basis. The pandemic’s impact from both a public health and economic perspective has been literally unfathomable. For commercial real estate owners, no…more

CMBS, Commercial Bankruptcy, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants

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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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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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USPTO to Shorten Deadline to Respond to Trademark Office Actions to Three (3) Months Effective December 3, 2022

U.S. trademark practitioners will no longer have a six-month window to respond to Office Actions issued by the United States Patent and Trademark Office (“USPTO”) on certain pending trademark applications. As of DECEMBER 3,…more

Filing Deadlines, Office Actions, Trademark Application, Trademarks, USPTO

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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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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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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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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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USPTO Seeks to Cement PTAB Motion to Amend Pilot Program

The United States Patent and Trademark Office (USPTO) recently issued a Notice of Proposed Rulemaking seeking to revise its rules on amendment practice under the America Invents Act (AIA). Specifically, the USPTO is proposing to…more

America Invents Act, Comment Period, Inter Partes Review (IPR) Proceeding, Motion to Amend, NPRM

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The 1, 2 Step of Data Retention

Womble Bond Dickinson’s The Evolving Dance thought leadership series continued with a look at current challenges involving data retention and e-discovery. In particular, the session looked at employee use of personal devices for…more

Compliance, Data Management, Data Privacy, Data Retention, Discovery

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USPTO Seeks to Cement PTAB Motion to Amend Pilot Program

The United States Patent and Trademark Office (USPTO) recently issued a Notice of Proposed Rulemaking seeking to revise its rules on amendment practice under the America Invents Act (AIA). Specifically, the USPTO is proposing to…more

America Invents Act, Comment Period, Inter Partes Review (IPR) Proceeding, Motion to Amend, NPRM

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AI has Achy Breaky Time in Tennessee (Protecting Artists’ Voices)

Tennessee has passed a law, considered one of a kind, geared at deterring unauthorized use of an individual’s voice via artificial intelligence (AI). Tennessee’s new AI law is inspired by the state’s close connection with many…more

Artificial Intelligence, Artists, Jack Daniels Properties Inc v VIP Products LLC, Music, Music Industry

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Better Late Than Never: A Voluntary Self Disclosure Case Study

As previously reported, the Department of Justice (DOJ) has announced comprehensive corporate criminal enforcement policy changes utilizing both “carrots” and “sticks” to encourage companies to voluntarily self-disclose…more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Non-Prosecution Agreements, Securities and Exchange Commission (SEC)

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Can a Wood Grain be Copyrighted? Yes, if the Pattern is Original and Human Made

Toppan Interamerica, a commercial printer in Henry County, Georgia recently filed two lawsuits alleging that California-based Whalen Furniture is infringing Toppan’s copyrights for decorative wood grain paper for furniture…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Litigation, Intellectual Property Protection

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Defendant Cannot Keep Trademark and Copyright Infringement In The Dark

We have discussed New York-based lighting and furniture designer and manufacturer Hudson Furniture, Inc. in a previous post. While that case has since been terminated, Hudson recently won summary judgment—a finding that…more

Attorney's Fees, Bad Faith, Copyright, Copyright Infringement, Trademark Infringement

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[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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“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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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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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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Buckle Up: Artificial Intelligence Accelerates Drug Discovery and Streamlines Patient Care

The concept of artificial intelligence (AI) in drug discovery and manufacturing has been in progress for more than 10 years; however, with the current advancements in technology, medicine, and research, AI is closer than ever to…more

Artificial Intelligence, Food and Drug Administration (FDA), Life Sciences, Medical Research, Pharmaceutical Industry

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Inflation Reduction Act Gives a Boost to the Biogas Sector

​​​​​​​The $369 billion Inflation Reduction Act (the “Act”) enacted in August 2022 expanded and extended numerous tax credits and incentive programs for development of clean energy projects. The biogas industry is one sector…more

Biofuel, Clean Energy, Climate Change, Environmental Protection Agency (EPA), Inflation Reduction Act (IRA)

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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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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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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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The EU Artificial Intelligence (Al) Act: A Pioneering Framework for AI Governance

On March 13th, 2024, the European Parliament approved the EU Artificial Intelligence (AI) Act, marking a significant milestone in AI governance. This comprehensive regulation aims to ensure responsible AI development, protect…more

Algorithms, Artificial Intelligence, Cybersecurity, EU, Innovative Technology

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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

See all updates »

NLRB, Labor Laws and the Impact on NCAA Athletes

Can - and should - college athletes be classified as employees? The answer to that question may be in flux…more

Alston v NCAA, Collective Bargaining, College Athletes, Employee Definition, NCAA

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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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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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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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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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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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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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U.S. Commerce Department Incentivizes Disclosures of Export Control Violations

The U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) continues to send a strong and clear message to the exporting community – it wants businesses and universities to voluntarily disclose any significant…more

Bureau of Industry and Security (BIS), Export Administration Regulations (EAR), Export Controls, Exporters, Exports

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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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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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White House Releases Update on Implementation of Infrastructure Act

The White House has provided updates on the implementation of the Infrastructure Investment and Jobs Act (Infrastructure Act). Notably, the White House released fact sheets for providing detailed information about announced…more

Biden Administration, Broadband, Federal Funding, Infrastructure, Infrastructure Financing

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What You Don’t Know Can’t Hurt You: SCOTUS Rules Inadvertent Legal Errors Cannot Overturn Copyright Infringement Decisions

“No harm, no foul.” That was the message the U.S. Supreme Court delivered Feb. 24 in ruling that a copyright infringement verdict should not have been overturned because of inaccurate information in the copyright registration…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Registration, SCOTUS

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Supreme Court Decision in Groff v. DeJoy Increases Burden on Employers Under Title VII for Denying Religious Accommodations

Employers will now have to show a higher degree of hardship to deny employee requests for religious accommodation. Under Title VII of the Civil Rights Act of 1964 and 29 C.F.R. § 1605.2(b)(1), employers are required to grant…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

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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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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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Is an Inaccurate Credit Report Alone Enough to Establish Article III Standing?

A recent case out of the Eastern District of California addressed the split in authority on whether an inaccurate credit report alone is enough to establish a concrete injury in fact for purposes of Article III standing.  …more

Article III, Credit Reporting Agencies, Credit Reports, Split of Authority, Spokeo v Robins

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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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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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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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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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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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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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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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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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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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FDA Issues Guidance for Foods Made from Genome-Edited Plants

The practice of altering plant genetics to better suit human needs, dates back thousands of years. What was once done through selective plant breeding – as well as alterations beyond what is possible with selective breeding – is…more

Food and Drug Administration (FDA), Food Manufacturers, Genetic Materials, Premarket Approval Applications

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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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新任美众院中国委员会主席穆勒纳尔的影响力

美国与中国共产党战略竞争特别委员会(下称「委员会」)于美国第 118 届国会成立,并由国会议员迈克·加拉格尔 (Mike Gallagher) 担任第一届主席。 委员会的组成获得两党普遍支持(于该次国会中以365 票对65 票决议通过设立),其成立被视为美国立法者重新取得控制对中国政策方向的主导权,并成为国会山庄两党立场 不同的例外。…more

China, Congressional Investigations & Hearings, Foreign Policy, Foreign Relations, Legislative Agendas

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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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New PAIP Act Requires U.S. President to Annually Report to Congress on Foreign Nationals Involved in the Theft of Trade Secrets from the United States, with Mandatory Sanctions to Follow

The Protecting American Intellectual Property Act of 2022 (“PAIP”) became law on January 5, 2023, establishing a new enforcement procedure to deter the theft of trade secrets from the United States by foreign actors. PAIP aims…more

Biden Administration, Economic Sanctions, Foreign Entities, Foreign Persons, Intellectual Property Protection

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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

See all updates »

Federal Court Rules That Contractors’ EEO-1 Type 2 Report Data Must Be Produced In Response to Freedom of Information Act Request

In early 2023, we issued a client alert reminding clients that they had until March 3, 2023 to file objections to the Center for Investigative Reporting’s Freedom of Information Act (FOIA) request that was submitted to the…more

Affirmative Action, Deadlines, EEO-1, Federal Contractors, FOIA

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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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California Bar to Set Guidelines for Using Generative AI to Practice Law, More States to Follow

Can generative AI offer legal advice? On November 16, 2023, the State Bar of California approved guidelines to help lawyers navigate their ethical obligations when using generative artificial intelligence (AI). Titled “Practical…more

Client Representation, Confidential Communications, Law Practice Management, Legal Ethics, New Guidance

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[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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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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2023 Foreign Direct Investment Year End Update: Continued Expansion of FDI Regulations

As previously reported, regulations and restrictions on Foreign Direct Investment (“FDI”) have expanded quickly in the United States and in many of its trading partner countries around the world. FDI has been further complicated…more

Agricultural Land, Cross-Border Transactions, Foreign Direct Investment, Foreign Investment, National Security

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DOJ Announces New Policies on AI Compliance and a Pilot Whistleblower Rewards Program

Last week, senior Department of Justice leadership announced new policies and programs intended to further its “carrot and sticks” approach to corporate criminal enforcement, which has borne fruit with twice as many voluntary…more

Artificial Intelligence, CFTC, Compliance, Corporate Crimes, Corporate Misconduct

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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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Take a Bite out of Crime: There’s More than One Way to Stem the Flow of Counterfeit Medications

A growing problem in the U.S. is the widespread availability of counterfeit medications, or fake prescription pills. These drugs, made to look like authentic prescription medications, may contain no active ingredient or any…more

Centers for Disease Control and Prevention (CDC), Counterfeit Drugs, Counterfeiting, Criminal Investigations, Food and Drug Administration (FDA)

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The Imperatives of AI Governance

If your enterprise doesn’t yet have a policy, it needs one. We explain here why having a governance policy is a best practice and the key issues that policy should address…more

Artificial Intelligence, Compliance, Governance Standards, Innovative Technology, Machine Learning

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[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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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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The New Automotive Age: Electric Vehicles and Real-Life Implications for the Automotive Industry

Electric vehicles (EVs) have become a hot topic due to increased consumer adoption and a global focus on Net Zero carbon emissions by 2050. Rising gas costs and lower EV prices have made consumers view EVs as more affordable…more

Automotive Industry, Electric Vehicles, Inflation Reduction Act (IRA), Motor Vehicles

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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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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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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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Unpredictability In The Art: Amgen v. Sanofi In View Of “Simultaneous Conception And Reduction To Practice”

After reading the Supreme Court’s decision in Amgen v. Sanofi, I thought of the doctrine of simultaneous conception and reduction to practice, given both the decision’s and the doctrine’s focus on unpredictability in the art…more

Amgen v Sanofi, Enablement Inquiries, Functional Claim Language, Inventions, Life Sciences

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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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[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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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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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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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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The Impact of the National Environmental Policy Act (NEPA)

In this series of articles, your WBD team explores the pathways to finding a balance between responsible regulatory oversight and allowing mining projects for critical minerals to receive timely permitting approvals so they may…more

Climate Change, Environmental Litigation, Environmental Policies, Greenhouse Gas Emissions, Mineral Exploration

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USPTO Announces New Interim Process for PTAB Decision Circulation and Internal Review

On May 26, 2022, the USPTO announced its interim process for PTAB decision circulation and internal PTAB review in hopes of further promoting “consistent, clear, and open decision-making.” This interim process models the Federal…more

Administrative Procedure, Patent Trial and Appeal Board, Patents, USPTO

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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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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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[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

Cannabis-Related Businesses (CRBs), Client Representation, Continuing Legal Education, Law Firm Associates, Law Firm Partners

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What We Are Listening for in House Education and Workforce Hearing on Columbia University’s Response to Antisemitism

On April 17, 2024, the House Education and Workforce Committee is scheduled to hold a hearing to focus on Antisemitism in Higher Education. At the witness table will be the President of Columbia University Dr. Nemat “Minouche”…more

Bias, Civil Rights Act, Colleges, Colombia, Congressional Committees

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"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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State Universities Gain Immunity from IPRs

State Universities Gain Immunity from IPRs - Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the…more

Article III, Breach of Contract, Educational Institutions, Eleventh Amendment, Florida

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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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Federal Court Rules That Contractors’ EEO-1 Type 2 Report Data Must Be Produced In Response to Freedom of Information Act Request

In early 2023, we issued a client alert reminding clients that they had until March 3, 2023 to file objections to the Center for Investigative Reporting’s Freedom of Information Act (FOIA) request that was submitted to the…more

Affirmative Action, Deadlines, EEO-1, Federal Contractors, FOIA

See all updates »

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

See all updates »

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)

See all updates »

SEC Adopts New Rule 10B-5 Insider Trading Requirements

On December 14, 2022, the Securities and Exchange Commission (the “SEC”) adopted new rules (i) implementing additional conditions for insiders to rely on the affirmative defense for Rule 10b5-1 trading plans (“10b5-1 plans”)…more

10b5-1 Plans, Affirmative Defenses, Corporate Governance, Disclosure Requirements, Insider Trading

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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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The U.S. House of Representatives Selected a New Speaker, The Honorable Mike Johnson. What now?

The Honorable Mike Johnson (R-LA) has been elected to serve as the Speaker of the U.S. House of Representatives, following the sudden removal of former Speaker Kevin McCarthy (R-CA). As Speaker, Johnson is now second in line to…more

Legislative Agendas, Political Parties, Speaker of the House

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For All Patent/Trademark Practitioners: USPTO Provides Guidance for Use of AI in Preparing USPTO Submissions

The USPTO expounds a clear message for patent and trademark attorneys, patent agents, and inventors: use of artificial intelligence (AI), including generative AI, in patent and trademark activities and filings before the USPTO…more

Artificial Intelligence, Disclosure Requirements, Duty to Disclose, New Guidance, Patent Applications

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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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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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Don’t Miss USPTO’s Lapsing Collaborative Search Option

Recently, the U.S. Patent and Trademark Office provided an additional tool for patent applicants to use in pursuit of foreign patent protection. In 2015, the USPTO partnered with the Korean Intellectual Property Office, or…more

Collaboration, FOIA, Foreign Patent Applications, Japan, KIPO

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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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[Webinar] Exploring Cross-Border Privilege Issues - October 26th, 10:00 am - 11:30 am EDT

Join our panel of distinguished attorneys from across the globe to explore how attorney-client privileged communications and work product protections are defined and applied across jurisdictions. Panelists from the United…more

Attorney-Client Privilege, Best Practices, Client Communication, Continuing Legal Education, Cross-Border

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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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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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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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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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Insurance Premium Finance Exemption - Missouri Commercial Finance Disclosure Legislation

Missouri recently 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, including…more

Commercial Insurance Policies, Commercial Loans, Disclosure, Disclosure Requirements, Financing

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"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

See all updates »

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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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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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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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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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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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

See all updates »

Supreme Court Decision in Groff v. DeJoy Increases Burden on Employers Under Title VII for Denying Religious Accommodations

Employers will now have to show a higher degree of hardship to deny employee requests for religious accommodation. Under Title VII of the Civil Rights Act of 1964 and 29 C.F.R. § 1605.2(b)(1), employers are required to grant…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

See all updates »

SEC Adopts Amendments to Beneficial Ownership Rules

On October 10, 2023, the Securities Exchange Commission (SEC) adopted amendments to its rules regarding the reporting of beneficial ownership. The amendments primarily focus on beneficial ownership reporting as required under…more

Beneficial Owner, Publicly-Traded Companies, Reporting Requirements, Schedule 13D, Securities and Exchange Commission (SEC)

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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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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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Recent Changes for Contractors to Consider - SBA Small Business Credit Rules, CMMC Updates, CTA Reporting, FLSA Overtime Requirements, COTS Rules

Aerospace, defense, and security businesses are subject to a myriad of regulations and operational requirements that are constantly changing. These include things like SBA rules for credit for small businesses and cybersecurity…more

Controlled Unclassified Information (CUI), Corporate Transparency Act, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Defense Sector

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USCIS and DHS Announce a Revised Form I-9 and a New Option for Employers to Remotely Examine Employees’ Documents

U.S. Citizenship and Immigration Services (“USCIS”) has announced that a revised version of Form I-9, Employment Eligibility Verification will be available starting August 1, 2023. The current version can be used through October…more

Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Form I-9, Immigration Procedures

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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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DOJ Raises Stakes on Corporate Compliance: How to Respond

Even at companies with separate legal and compliance departments, Department of Justice-enforced compliance is a key concern for in-house counsel. Those pressures only will increase in the near future and are rapidly changing…more

C-Suite Executives, Certification Requirements, Chief Compliance Officers, Compliance, Compliance Monitoring

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Looking Back and Looking Forward: What Has Happened in the Year Since the East Palestine Train Derailment

In the year since the East Palestine train derailment, rail safety has been a hot button issue in the United States. After the East Palestine derailment dominated news headlines in late February and March of 2023, there seemed…more

Department of Transportation (DOT), Federal Funding, Federal Railroad Administration, Hazardous Substances, Infrastructure

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2024 Energy Transition Outlook Survey Report

Womble Bond Dickinson (WBD)’s 2024 Energy Transition Outlook Survey Report points to a new phase in the multi-generational journey to Net Zero. While 56% of our respondents are deepening their focus on their transition strategy,…more

Climate Change, Commodities, Electric Vehicles, Energy Information Association (EIA), Energy Sector

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Don’t Miss USPTO’s Lapsing Collaborative Search Option

Recently, the U.S. Patent and Trademark Office provided an additional tool for patent applicants to use in pursuit of foreign patent protection. In 2015, the USPTO partnered with the Korean Intellectual Property Office, or…more

Collaboration, FOIA, Foreign Patent Applications, Japan, KIPO

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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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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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CIC Services, LLC v. Internal Revenue Service: Captive Insurance Wins a Battle, but the War Continues

On Tax Day, May 17, 2021, in a unanimous opinion authored by Justice Kagan, the United States Supreme Court held that the Anti-Injunction Act ("AIA") does not bar a pre-enforcement challenge to the legality of an IRS-imposed…more

Anti-Injunction Act, CIC Services LLC v IRS, Criminal Liability, Criminal Penalties, IRS

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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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Good Artists Copy; Great Artists Steal - Supreme Court Seemingly Narrows First Factor of Fair Use In Copyright Suit, Leaving Unanswered Questions For Artists and AI

On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based on…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Artists, Copyright, Copyright Infringement

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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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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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Window Shade Bracket Design is Not Protectable Trade Dress

The U.S. District Court for the Southern District of New York recently held that window shade systems designed for hiding wires in a power shade system and described as “clean” and “seamless” were not entitled to trade dress…more

Intellectual Property Protection, Rebuttable Presumptions, Trade Dress

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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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Debt Purchase Transactions: Beware of the Risks

CRE Secured Debt Purchase Transactions present unique risks that should be understood and carefully managed.  Current market conditions may present unprecedented opportunities to purchase debt secured by distressed…more

Commercial Real Estate Contracts, Commercial Real Estate Market, Distressed Assets, Distressed Debt, Real Estate Investments

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A “Brief” Hallucination by Generative AI Can Land You in Hot Water

A New York attorney working a personal injury case just learned why it’s called “generative” AI the hard way. In 2022, Robert Mata, represented by attorneys of Levidow, Levidow & Oberman, P.C. (“Levidow”), filed a personal…more

Artificial Intelligence, Model Rules, Professional Misconduct, Rules of Professional Conduct, Sanctions

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2024 Energy Transition Outlook Survey Report

Womble Bond Dickinson (WBD)’s 2024 Energy Transition Outlook Survey Report points to a new phase in the multi-generational journey to Net Zero. While 56% of our respondents are deepening their focus on their transition strategy,…more

Climate Change, Commodities, Electric Vehicles, Energy Information Association (EIA), Energy Sector

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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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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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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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For All Patent/Trademark Practitioners: USPTO Provides Guidance for Use of AI in Preparing USPTO Submissions

The USPTO expounds a clear message for patent and trademark attorneys, patent agents, and inventors: use of artificial intelligence (AI), including generative AI, in patent and trademark activities and filings before the USPTO…more

Artificial Intelligence, Disclosure Requirements, Duty to Disclose, New Guidance, Patent Applications

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Managing Global Supply Chains in a Volatile World

The COVID-19 pandemic sent a jolt through global supply chains in 2020—a disruption from which the market has yet to fully recover. Then, in early 2022, the world’s supply chains suffered another significant disruption when…more

Biden Administration, Business Disruption, China, Coronavirus/COVID-19, Emerging Technology Companies

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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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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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Take the Cash or the Claim? Intersection of Sections 502(h), 503(b)(9) and 547 of the Bankruptcy Code

You ship goods to a customer that is having financial difficulties. The customer sends you a check for the goods. What do you do?…more

Administrative Expenses, Bankruptcy Code, Commercial Bankruptcy, Priority Debt

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USPTO: E-Signatures Soon May be Used for Patent Correspondence

Starting March 22, 2024, patent correspondence may be electronically signing using DocuSign®, Acrobat® Sign, and similar third-party e-signature software. The new rule from the U.S. Patent and Trademark Office is aimed at…more

E-Signatures, New Rules, Patent Applications, Patent Trial and Appeal Board, Patents

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[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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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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FCC Adopts New TCPA Rules Expanding Consumer Consent Revocation Mandates

The FCC has adopted a Report and Order imposing a number of new TCPA caller and sender compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that otherwise…more

Artificial Intelligence, Cell Phones, Comment Period, Consent, Declaratory Rulings

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Worried About Fake News? You Should Really Worry About Fake Drugs

While the concept of “fake news” continues to trigger Twitter followers and grab headlines, the trade in counterfeit drugs is a worldwide problem of significant scale. This article discusses the problem and talks about some…more

Counterfeit Drugs, Counterfeiting, Marketing, Pharmaceutical Industry, Prescription Drugs

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SEC Adopts Final Rules to Enhance Cybersecurity Disclosure

On July 26, 2023, the SEC adopted new rules to enhance and standardize disclosures pertaining to cybersecurity risk management, strategy, governance, and material cybersecurity incidents. The SEC's decision to introduce these…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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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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The EU Artificial Intelligence (Al) Act: A Pioneering Framework for AI Governance

On March 13th, 2024, the European Parliament approved the EU Artificial Intelligence (AI) Act, marking a significant milestone in AI governance. This comprehensive regulation aims to ensure responsible AI development, protect…more

Algorithms, Artificial Intelligence, Cybersecurity, EU, Innovative Technology

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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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Can Artificial Intelligence assist with cybersecurity management?

AI has great capability to both harm and to protect in a cybersecurity context. As with the development of any new technology, the benefits provided through correct and successful use of AI are inevitably coupled with the need…more

Artificial Intelligence, Cybersecurity, Data Security, EU, General Data Protection Regulation (GDPR)

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CIC Services, LLC v. Internal Revenue Service: Captive Insurance Wins a Battle, but the War Continues

On Tax Day, May 17, 2021, in a unanimous opinion authored by Justice Kagan, the United States Supreme Court held that the Anti-Injunction Act ("AIA") does not bar a pre-enforcement challenge to the legality of an IRS-imposed…more

Anti-Injunction Act, CIC Services LLC v IRS, Criminal Liability, Criminal Penalties, IRS

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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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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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USPTO AI Guidance: Human vs. Machine - Humans Win...For Now

On February 13, 2024, the USPTO published a Federal Register notice on Inventorship Guidance for Artificial Intelligence (AI)-assisted Inventions ("Guidance") in response to President Biden’s October 2023 Executive Order on the…more

Artificial Intelligence, Biden Administration, Executive Orders, Inventions, Inventors

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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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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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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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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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Chew on this...Xylazine Legislation Is Here

Xylazine is a non-scheduled, non-opioid sedative/analgesic medication that is widely used in veterinary medicine. Xylazine was first produced by Bayer Pharmaceuticals in 1962, but investigations for use in humans were not…more

Controlled Substances, Controlled Substances Act, DEA, Public Health, Schedule I Drugs

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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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FCC Sets January 22 Filing Window Deadline for Foreign Ownership One-Time Information Collection

In order to update the FCC’s records, the Federal Communications Commission (FCC or Commission) issued a Public Notice announcing the opening of a one-time information collection (Information Collection) regarding foreign…more

Data Collection, FCC, Filing Deadlines, Filing Requirements, Foreign Ownership

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[Event] Agile Work Programs - The Good, the Bad, and the Uncertain - November 30th, Raleigh, NC

With the pandemic, businesses battled the overnight shift to almost entirely remote workforces while faced with unprecedented challenges to keep the lights on. While many organizations have “returned to work,” most have adopted…more

Continuing Legal Education, Dobbs v. Jackson Women’s Health Organization, Employee Privacy Rights, Employment Policies, Events

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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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FCC Adopts New TCPA Rules Expanding Consumer Consent Revocation Mandates

The FCC has adopted a Report and Order imposing a number of new TCPA caller and sender compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that otherwise…more

Artificial Intelligence, Cell Phones, Comment Period, Consent, Declaratory Rulings

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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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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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Filing and Litigating a Hague Convention Child Abduction Civil Case in Federal Court

Background on Child Abduction Cases Under the Hague Convention - The Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”) is an international treaty in which the signatory countries…more

Child Abduction, Child Custody, Hague Convention, Pro Bono, US Department of State

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[Webinar] Exploring Cross-Border Privilege Issues - October 26th, 10:00 am - 11:30 am EDT

Join our panel of distinguished attorneys from across the globe to explore how attorney-client privileged communications and work product protections are defined and applied across jurisdictions. Panelists from the United…more

Attorney-Client Privilege, Best Practices, Client Communication, Continuing Legal Education, Cross-Border

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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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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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Updated COVID-19 Frequently Asked Questions Released by the CMS

On August 26, 2020, the Centers for Medicare and Medicaid (CMS) released an updated Frequently Asked Questions (FAQ) guide for questions related to COVID-19 and the public health emergency (PHE). The guide supplements the…more

1135 Waivers, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers

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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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Current Trends and Real-World Best Practices in Healthcare Fraud Compliance

Recently, Womble Bond Dickinson held its First Annual Health Care Fraud Symposium, a webinar designed to discuss critical healthcare fraud topics. WBD Partner Joe Whitley moderated a discussion with WBD attorneys Luke Cass, Lee…more

Antitrust Investigations, Antitrust Provisions, Compliance, Coronavirus/COVID-19, Criminal Investigations

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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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United States Supreme Court Sending Chilling Messages for Future of the Voting Rights Act and Redistricting Challenges

For 57 years, the Voting Rights Act has served as a remarkably effective bulwark against state-level attempts to restrict voting rights, particularly for Black and minority voters. But voting rights are under attack in state…more

Article I, Certiorari, Gerrymandering, Racial Gerrymandering, Redistricting

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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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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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Post-COVID Needs: Less Space, Less Cost, Less Lease

We’ve all taken a few steps forward, professionally, in terms of doing more with less as a result of the COVID-19 pandemic. Work travel? Zoom. Physical office? Home. Commute?…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Modification, Contract Negotiations

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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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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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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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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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USCIS Proposes Significant Fee Increases for Immigration Services; Will Impact U.S. Employers and Foreign Investors

On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a Notice of Prospective Rulemaking proposing a sweeping fee hike for immigration services across the board. The proposed fee increases range between 40…more

Comment Period, Department of Homeland Security (DHS), Fees, Filing Fees, Foreign Investment

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2024 Energy Transition Outlook Survey Report

Womble Bond Dickinson (WBD)’s 2024 Energy Transition Outlook Survey Report points to a new phase in the multi-generational journey to Net Zero. While 56% of our respondents are deepening their focus on their transition strategy,…more

Climate Change, Commodities, Electric Vehicles, Energy Information Association (EIA), Energy Sector

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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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2023 Foreign Direct Investment Year End Update: Continued Expansion of FDI Regulations

As previously reported, regulations and restrictions on Foreign Direct Investment (“FDI”) have expanded quickly in the United States and in many of its trading partner countries around the world. FDI has been further complicated…more

Agricultural Land, Cross-Border Transactions, Foreign Direct Investment, Foreign Investment, National Security

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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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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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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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FTC is Targeting Private Equity Acquisitions in Healthcare - Is Your Industry Next?

On March 5, the FTC convened a workshop with regulators, academics and stakeholders to discuss the impact of private equity in the healthcare market. The workshop reflects the FTC and DOJ Antitrust Division’s recent focus on…more

Acquisitions, Anticompetitive Behavior, Antitrust Provisions, Biden Administration, Corporate Practice of Medicine

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[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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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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Will Geopolitics Accelerate or Moderate Investment in Renewable Energy?

Womble Bond Dickinson’s Houston office hosted a panel event - “Navigating the Complexities of Energy Transition: Balancing Energy Security with Net Zero Goals” – which featured discussions with energy industry executives. One…more

Climate Change, Energy Policy, Energy Sector, Greenhouse Gas Emissions, Inflation Reduction Act (IRA)

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Looking Back and Looking Forward: What Has Happened in the Year Since the East Palestine Train Derailment

In the year since the East Palestine train derailment, rail safety has been a hot button issue in the United States. After the East Palestine derailment dominated news headlines in late February and March of 2023, there seemed…more

Department of Transportation (DOT), Federal Funding, Federal Railroad Administration, Hazardous Substances, Infrastructure

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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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4th Circuit: Offering a Free Gift Could Be an Unsolicited Advertisement

The 4th Circuit held that offering a free eBook could violate the TCPA’s prohibition on “unsolicited advertisements.” PDR Network publishes the Physicians’ Desk Reference, which is “a compilation of medical prescribing…more

Advertising, Class Action, ebook, Faxes, Gifts

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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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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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The U.S. Government Says “Open Sesame”: How Science Informs the Regulatory Process

On April 23, the President signed the Food Allergy Safety, Treatment, Education and Research Act of 2021 into law, which declares sesame to be a “major food allergen” and requires labels to specifically disclose the presence of…more

Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA), Food Allergies, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers

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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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The IP of NFTs - USPTO and U.S. Copyright Office Publish Joint Study Results

The U.S. Patent and Trademark Office and the U.S. Copyright Office recently published the results of their co-study (on the interplay between non-fungible tokens (NFTs) and intellectual property…more

Blockchain, Copyright, Copyright Office, Cryptoassets, Distributed Ledger Technology (DLT)

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Window Shade Bracket Design is Not Protectable Trade Dress

The U.S. District Court for the Southern District of New York recently held that window shade systems designed for hiding wires in a power shade system and described as “clean” and “seamless” were not entitled to trade dress…more

Intellectual Property Protection, Rebuttable Presumptions, Trade Dress

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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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EEOC Releases New Guidance on Retaliation Claims

According to the Equal Employment Opportunity Commission (EEOC), in 2015, retaliation claims made up to 45 percent of all private-sector charges filed with the agency. In recognition of the growth in the number of these claims…more

Adverse Employment Action, Discrimination, Employer Liability Issues, Enforcement Guidance, Equal Employment Opportunity Commission (EEOC)

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What We Are Listening for in House Education and Workforce Hearing on Columbia University’s Response to Antisemitism

On April 17, 2024, the House Education and Workforce Committee is scheduled to hold a hearing to focus on Antisemitism in Higher Education. At the witness table will be the President of Columbia University Dr. Nemat “Minouche”…more

Bias, Civil Rights Act, Colleges, Colombia, Congressional Committees

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For All Patent/Trademark Practitioners: USPTO Provides Guidance for Use of AI in Preparing USPTO Submissions

The USPTO expounds a clear message for patent and trademark attorneys, patent agents, and inventors: use of artificial intelligence (AI), including generative AI, in patent and trademark activities and filings before the USPTO…more

Artificial Intelligence, Disclosure Requirements, Duty to Disclose, New Guidance, Patent Applications

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USCIS and DHS Announce a Revised Form I-9 and a New Option for Employers to Remotely Examine Employees’ Documents

U.S. Citizenship and Immigration Services (“USCIS”) has announced that a revised version of Form I-9, Employment Eligibility Verification will be available starting August 1, 2023. The current version can be used through October…more

Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Form I-9, Immigration Procedures

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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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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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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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[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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US DHHS Publishes Full Report Detailing Recommendation to Move Cannabis from Schedule I to III

On January 12, 2024, the U.S. Department of Health & Human Services released its full, unredacted 252-page report detailing the department’s rationale for its recommendation to move cannabis from Schedule I to Schedule III under…more

Cannabis Products, Classification, Controlled Substances, Controlled Substances Act, Department of Health and Human Services (HHS)

See all updates »

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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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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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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Updates to Connecticut’s Privacy Law, Effective July 1

Connecticut’s privacy law takes effect on July 1, with some key changes after the governor signed Senate Bill 3 on June 26. Some portions of the amendments concerning newly defined “consumer health law” will have immediate…more

Amended Legislation, Consent, Consumer Privacy Rights, Corporate Counsel, Cure Periods

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Cross-Border Data Transfers Under China’s Personal Information Protection Law

In February 2023 Cyberspace Administration of China (the “Cyberspace Administration”) published rules on Standard Contractual Clauses for transfer of personal information to third countries pursuant to China’s Personal…more

China, Cybersecurity, Data Protection, Data Security, International Data Transfers

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The New Automotive Age: Electric Vehicles and Real-Life Implications for the Automotive Industry

Electric vehicles (EVs) have become a hot topic due to increased consumer adoption and a global focus on Net Zero carbon emissions by 2050. Rising gas costs and lower EV prices have made consumers view EVs as more affordable…more

Automotive Industry, Electric Vehicles, Inflation Reduction Act (IRA), Motor Vehicles

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[Webinar] Strategic and Legal Implications of the Transition to Green(er) Energy: 2023 Energy Outlook Survey - December 13th, 12:00 pm - 1:00 pm ET

Transitioning the global economy out of its current reliance on fossil fuels is a massive, complex and nuanced undertaking. Fossil fuels represent 80% of current global energy consumption. The market for them is more than $6…more

Continuing Legal Education, Energy Market, Energy Reform, Energy Sector, Fossil Fuel

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AI has Achy Breaky Time in Tennessee (Protecting Artists’ Voices)

Tennessee has passed a law, considered one of a kind, geared at deterring unauthorized use of an individual’s voice via artificial intelligence (AI). Tennessee’s new AI law is inspired by the state’s close connection with many…more

Artificial Intelligence, Artists, Jack Daniels Properties Inc v VIP Products LLC, Music, Music Industry

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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

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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