News & Analysis as of

Expungement

Farrell Fritz, P.C.

The Biden Presidency: How Will Cannabis Business Be Taxed?

Farrell Fritz, P.C. on

Wither the Weed? It has been one month since Mr. Biden’s inauguration as President of the United States. Among the many questions being asked of President Biden is whether he will seek the decriminalization of cannabis....more

Jaburg Wilk

Congress Hands Trademark Owners New Tools to Fight Infringers and Challenge Fraudulent Registrations: The Trademark Modernization...

Jaburg Wilk on

The Trademark Modernization Act of 2020 (the “TMA”) was buried in the enormous COVID relief and stimulus bill (i.e., the Consolidated Appropriations Act for 2021), signed into law on December 27, 2020. The TMA amends federal...more

Akerman LLP

117th Congress Outlook for Cannabis

Akerman LLP on

As we start the year, with a new Administration and the Democrats in (slim) control of both Houses of Congress, some in the cannabis business are tempted to cheer in anticipation of a very successful year on cannabis...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - January 2021: Prove It: TMA Sets Forth New Streamlined Approach to Combat the Rise of Fraudulently Registered...

As has been the case in recent years, trademark filings in 2020 again increased over the previous year. While at first glance this may seem to indicate that the U.S. economy continues to grow and innovate, at least some of...more

Crowe & Dunlevy

Open Your Future by Expunging Your Past

Crowe & Dunlevy on

All people have a past, but not all people’s pasts are documented in a criminal record. If you have a charge or conviction on your record and a clean criminal record since that incident, you may be eligible to have your...more

Weiner Brodsky Kider PC

Ohio Revises Permissible Considerations for Initial License Applications by Individual Applicants with Criminal Convictions

Ohio recently enacted a bill – the Fresh Start Act – which generally amends how state licensing authorities may consider certain criminal convictions when determining whether to issue initial licenses for impacted...more

Dorsey & Whitney LLP

Highlights Part II of the Trademark Modernization Act of 2020: Ex Parte Expungement, Ex Parte Reexamination, and Non-Use...

Dorsey & Whitney LLP on

As we wrote in Part 1 of this series, the Trademark Modernization Act of 2020 (“TMA”) was signed into law on December 27, 2020, and contained several significant amendments to the Lanham Act. This post will cover three of the...more

Fox Rothschild LLP

The Trademark Modernization Act Of 2020 Is Enacted

Fox Rothschild LLP on

Trademark Modernization Act of 2020 Signed Into Law- On December 27, 2020, Congress signed the Trademark Modernization Act of 2020 (the “Act”), which had rare bipartisan support, into law. The Act makes substantive...more

Ulmer & Berne LLP

[Webinar] FINRA Expungement: Rule Changes and Updates - February 9th, 2:00 pm - 2:30 pm EST

Ulmer & Berne LLP on

Join Christopher D. Seps as he discusses the rule changes that recently took effect related to FINRA’s expungement process, as well as proposed changes that will likely be approved and take effect in 2021. These changes...more

Williams Mullen

Trademark Modernization Act of 2020: What Brand Owners Should Know

Williams Mullen on

In case you missed it, President Trump signed the Trademark Modernization Act of 2020 (TMA) into law on December 27, 2020. The TMA, which garnered bi-partisan support and was included in the COVID-19 Economic Relief Bill,...more

Brooks Kushman P.C.

New USPTO Rules Coming By End Of 2021 – Including Challenging Registrations For Non-Use

Brooks Kushman P.C. on

The US Congress passed the Trademark Modernization Act of 2020 on December 21, 2020 (H.R. 6196), which sets forth new trademark rules that will take effect on December 21, 2021. The details of how these new rules will be...more

Arent Fox

COVID-19 Relief and Government Funding Bill Brings Significant Changes to Trademark and Copyright Law

Arent Fox on

It may come as some surprise that embedded within the over 5,500-pages of the recent COVID-19 relief and government funding bill (the Consolidated Appropriations Act) are several (not-insubstantial) changes to copyright and...more

Jackson Lewis P.C.

Financial Industry Regulatory Authority Arbitration Of Employment Disputes

Jackson Lewis P.C. on

The Financial Industry Regulatory Authority, Inc. (FINRA) is an independent regulatory body, overseeing securities firms and their brokers and other registered personnel. Arbitration of employment disputes in the arbitration...more

Ulmer & Berne LLP

FINRA Is About To Make It MUCH Harder To Obtain Expungement – Part Two

Ulmer & Berne LLP on

The second dramatic change to the expungement process under the proposed rules relates to who will be deciding the expungement request. Thankfully, FINRA will still have arbitrators decide expungement requests, not the...more

Proskauer - Proskauer For Good

Ten Years for a Second Chance? New York’s Sealing Statute Lags Behind Other States

In 2018, Proskauer highlighted the importance of a New York law that gives those with criminal convictions an opportunity to build a better life. New York Crim. Proc. Law § 160.59 (“CPL 160.59”) allows persons convicted of...more

Cozen O'Connor

House to Vote to Legalize Cannabis

Cozen O'Connor on

Later this month, members of the U.S. House of Representatives will hold a floor vote on a bill to federally legalize cannabis — the Marijuana Opportunity Reinvestment and Expungement Act, commonly referred to as the MORE...more

Seyfarth Shaw LLP

The Week in Weed: August 2020 #3

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana....more

Ulmer & Berne LLP

Update on the FINRA Expungement Process

Ulmer & Berne LLP on

Earlier this month, the SEC approved the first of several rule changes that FINRA has proposed for the process governing the expungement of customer complaints from a broker’s record. The approved rule change will make it...more

Ulmer & Berne LLP

A Modest Proposal On The Appropriate Allocation Of Fees In Expungement Cases

Ulmer & Berne LLP on

A couple of years ago, I complained about PIABA’s effort to make expungement even more difficult to obtain. Well, fast forward to June 1, and, as Chris Seps explains here, the SEC has approved the first proposed expungement...more

Fox Rothschild LLP

Trademark Fraud Is In Congress’s Crosshairs In Proposed Legislation

Fox Rothschild LLP on

If enacted, the aptly named Trademark Modernization Act of 2020 will better protect the relevant consuming public from confusion regarding the source of goods and services by implementing procedures that the U.S. Patent and...more

Thompson Coburn LLP

Why plaintiffs should think twice before recording a lis pendens

Thompson Coburn LLP on

In Goens v. Blood, the United States District Court of the Southern District of California recently held that commercial tenants cannot record lis pendens where they fail to sufficiently allege a real property claim under...more

Faegre Drinker Biddle & Reath LLP

Wait Just a Minute: FINRA Loosens the Screws on Proposed Expungement Restrictions

Brokers seeking to expunge customer complaints from their records can sleep a bit easier. Richard Berry, head of FINRA’s Office of Dispute Resolution (ODR), stated last week that FINRA intends to tweak some restrictions that...more

Seyfarth Shaw LLP

Social Equity Programs in Cannabis – Worth their Weight?

Seyfarth Shaw LLP on

As the legal cannabis industry has expanded across the US over the past decade, green is the most prominent color seen in this space. In addition to the color of the flower, sales are projected to reach up to $30.4 billion in...more

Ulmer & Berne LLP

[Webinar] The FINRA Expungement Process: Tips, Tricks, and Recent Developments - March 5th, 2:00 pm ET

Ulmer & Berne LLP on

On March 5 at 2 p.m. (ET), Ulmer attorney Christopher D. Seps will host a live webinar to discuss the FINRA expungement process from beginning to end, including: - Procedural steps governing the FINRA expungement process ...more

King & Spalding

Congress Holds Hearing on Current & Future Federal Cannabis Policies

King & Spalding on

On January 15, 2020, the House Energy & Commerce Committee, Subcommittee on Health held a hearing entitled “Cannabis Policies for the New Decade.” Government witnesses testified from: • the Drug Enforcement...more

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