News & Analysis as of

Consent Agreements

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Hot Springs, Arkansas Boat Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Aluma-Weld, Inc. (“AWI”) entered a Consent Administrative Order addressing alleged violations of Arkansas Pollution Control and Ecology Commission (“APC&EC”)...more

Consent Agreements – Not Always a Sure Path to Overcome Likelihood of Confusion Refusals in the USPTO

by Dorsey & Whitney LLP on

The Trademark Trial and Appeal Board recently affirmed a refusal to register the mark 8-Bit Aleworks for beer based on two prior registrations for the mark 8 bit Brewing Company for beer and other alcoholic malt beverages,...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and San Antonio, Texas Medical Facility Operator...

The United States Environmental Protection Agency (“EPA”) and Gastroenterology Consultants of San Antonio, P.A. (“GCS”) entered into a Consent Agreement and Final Order (“CA”) addressing alleged Resource Conservation and...more

But We Had A Deal: Consent Agreement Cannot Overcome Likelihood Of Confusion Finding

by Orrick - IP Landscape on

Order Affirming Refusal of Registration, In re 8-Brewing LLC, T.T.A.B. (October 30, 2017) - Trademark applicants know the familiar sinking feeling when their clearance search turns up a potentially conflicting mark...more

The Law of Unintended Consequences: BIPA and the Effects of the Illinois Class Action Epidemic on Employers

Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology...more

Hydraulic Fracture Related Damage Claim: Federal Court Addresses Application of Consent and Release Agreement

A United States District Court (Western District Oklahoma) addressed in an October 10th Order issues associated with a producing vertical well’s claim for damages related to another company’s subsequent installation of a...more

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Nashville, Tennessee Hospital Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hospital Authority of the Metropolitan Government of Nashville and Davidson County (d/b/a Nashville General Hospital [“Metropolitan”]) entered into a September...more

Beyond Mere Consent: It's All in the Details

Consent agreements - in which a prior U.S. Patent and Trademark Office (USPTO) rights-holder provides consent to registration of a later-filed trademark - can be an efficient path to registration in situations where the...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS - Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action - On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action - On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more

MarkIt to Market® | September 2017

The September 2017 issue of Sterne Kessler's MarkIt to Market® discusses consent agreements, positive developments in the European community, and lists the new gTLD Sunrise periods. Please see full newsletter below for...more

Wastewater Enforcement: U.S. Environmental Protection Agency and Washington, D.C. Concrete Aggregate Processing Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Super Concrete Corporation (“SCC”) entered into a September 7th Consent Agreement and Final Order (“CA”) addressing alleged violations of a Clean Water Act...more

Red Notice Newsletter - September 2017

ANTICORRUPTION DEVELOPMENTS - Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action - On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical...more

Third-Party Testing of Children's Products for Phthalates No Longer Required for Certain Plastics

by Miles & Stockbridge P.C. on

The U.S. Consumer Product Safety Commission (“CPSC”), by unanimous vote, has approved a final rule providing that seven plastics in children’s toys and child care articles will no longer require third-party testing because...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Sanford, North Carolina Foundry Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hallman Foundry, LLC and A. Stucki Company (collectively “Hallman”) entered into a September 5th Consent Agreement (“CA”) addressing alleged violations of a Clean...more

How Coexistence Agreements Work

by Revision Legal on

In trademark law, coexistence agreements are contracts whereby two trademark owners agree to use their similar marks, but agree to limitations. For example, the two owners might agree that their respective goods or services...more

Lenovo Agrees to Settle Data Security Case with FTC and 32 AGs

The Federal Trade Commission (FTC) announced on September 5, 2017, that it has settled with Lenovo regarding allegations that Lenovo “harmed customers by pre-loading software on some laptops that compromised security...more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

Federal Trade Commission’s Uber Consent Agreement Designates Geolocation Information as Personal Information

by Williams Mullen on

The Federal Trade Commission (FTC) recently entered a Consent Agreement with Uber that includes “precise geolocation information” in the list of personal information that is to be protected. While the Consent Agreement only...more

FERC and American Transmission Company Settle on $205,000 Penalty for Violations of Sections 203 and 205 of the Federal Power Act

On August 28, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) approved a Stipulation and Consent Agreement between FERC’s Office of Enforcement (OE) and American Transmission Company, LLC (ATC) to...more

FINRA Fines Broker-Dealers for Sales of Non-Traditional ETFs

In August 2017, FINRA entered into a consent agreement with a Georgia-based broker-dealer arising from improper practices and procedures relating to its sales of leveraged ETFs. The sales included ETFs that were leveraged,...more

FERC Issues Order Approving Consent Agreement in City Power Marketing Case

On August 22, 2017, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order Approving Stipulation and Consent Agreement with City Power Marketing, LLC (“City Power”) and its owner, K. Stephen Tsingas...more

THE LATEST: FTC Settles with Breeder Trade Association over Association Rules That Limited Price Competition for Dairy Bull Semen

by McDermott Will & Emery on

The two current commissioners of the Federal Trade Commission (FTC) approved another final order and consent agreement with a trade association, this time with the National Association of Animal Breeders, Inc. (NAAB)....more

A gas station hold-up: the Competition Bureau completes its review of Couche-Tard and Parkland transactions

by Dentons on

In its latest move in the closely-monitored retail gasoline sector, the Competition Bureau (Bureau) has entered into a pair of consent agreements with Alimentation Couche-Tard (Couche-Tard) and Parkland Fuel Corporation...more

Maryland Court of Special Appeals Says No Breach of Contract Claim Unless Doctor Makes Special Promise Regarding Medical Treatment

by Miles & Stockbridge P.C. on

In a decision handed down on April 27, 2017 in the case of Heneberry v. Pharoan, the Maryland Court of Special Appeals rejected a breach of contract claim against a doctor who failed to completely perform a surgical...more

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