In a recent ruling, the Fifth Circuit Court of Appeals worked to clarify the interpretation of the phrase “advertising idea” in the insuring agreement of a commercial general liability policy’s “personal and advertising injury” coverage section. This ruling came about through the case of Princeton Excess & Surplus Lines Insurance Co. v. A.H.D. Houston Inc….
In a ruling that could have far-reaching implications in patent law, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s decision in HIP, Inc. v. Hormel Foods Corp. The controversial ruling, issued on May 2, 2023, found that the plaintiff’s request to have their employee, David Howard, listed as an inventor…
The ongoing civil fraud trial of former President Donald Trump has witnessed a new directive from Judge Arthur Engoron, who has ordered Trump’s legal representatives to cease mentioning his law clerk and other staff colleagues. The reasons given for the command are a recent influx of intimidating and abusive emails and voice mails delivered to…
In an attempt to combat surging organized crime and violence, the Brazilian government has taken the extraordinary step of temporizing militarization in key locations across the country. Brazilian President Luiz Inácio Lula da Silva announced last Wednesday that an integrated operation is underway in response to growing organized crime in Rio de Janeiro and other…
In a continuation from last week’s reporting, it is notable that the Consumer Financial Protection Bureau (“CFPB”) announced a proposed rule dealing directly with “personal data financial rights”. This rule has solicited comments, which are expected to be due on December 29, 2023, according to the source article from Cadwalader, Wickersham & Taft LLP. This…
Under the Biden Administration, on October 30, 2023, the Executive Order on Safe, Secure and Trustworthy Artificial Intelligence (AI) was signed. This move has attracted significant attention from legal professionals across the globe – especially those advising technology firms and major corporations that are heavily invested in AI and machine learning technologies. The Executive Order…
The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) seems intent on tightening its regulatory grip on cryptocurrency. As of October 19, 2023, FinCEN opened discussions for a Notice of Proposed Rule Making (NPRM), targeted at non-US convertible virtual currency mixing, colloquially known as CVC mixing. The startling proposal, if accepted, would classify…
The United Kingdom Parliament, on October 26, 2023, enacted a comprehensive set of statutory requirements, aimed primarily at combating fraud and money laundering in one the world’s paramount financial markets. The legislation, given the title ‘Economic Crime and Corporate Transparency Act 2023’ (ECCT Act), received Royal Assent, marking a milestone in UK’s commitment to tackling…
In a recent manner involving a franchisee’s motion, the federal court in Florida made a noteworthy decision. The franchisee’s motion to vacate an arbitration award was rejected, even though the franchisee argued they were not properly notified of the arbitration hearing. The inquiry, Your CBD Stores Franchising, LLC v. Buckwalter, made headlines and stirred discussions…
In an arena increasingly characterized by its commercial competitiveness, the landscape of Name, Image, and Likeness (NIL) is notably volatile. This legal arena has witnessed changes so significant that professionals around the globe have had to alter their perspectives continually and adopt new strategies. This volatile space was the focal point of a recent exclusive…
As a top journalist covering the legal landscape, I bring your attention to a crucial gun-rights case that the Supreme Court has included in its docket for the 2023-24 term – the Garland v. Cargill dispute concerning ‘bump stocks’. For those unfamiliar with the term, a ‘bump stock’ is an attachment that alters a semi-automatic…
Andy McDonald, a UK Member of Parliament (MP), has initiated legal proceedings against fellow MP Chris Clarkson following defamatory statements about McDonald’s participation in a pro-Palestine rally. The rally occurred amidst the ongoing Israel-Hamas war. According to Clarkson, McDonald’s comments at the rally presented a justification for the violent actions of Hamas, resulting in McDonald’s…
California Governor Gavin Newsom recently enacted AB 2188, with implications that are poised to significantly alter the state’s employment landscape, particularly in relation to off-the-job cannabis use. The bill amends California’s Fair Employment and Housing Act (FEHA) to actively discourage employment discrimination precipitated by non-working hours cannabis consumption. Under the mandates of AB 2188, most…
In a recent development, the federal government has urged the Seventh Circuit to maintain a ruling that dismissed a health care software company’s $3 million tax deduction. This tax break was originally claimed on the grounds of software development conducted within the U.S. However, the government argued that the deduction was used for service fees,…
In what could be seen as a blow to commercial financiers in California, the state has introduced new regulations meant to keep a check on the fees these financiers may charge their small business clients. The legislation was signed into law by the governor on October 13, as a furthering of the state’s previous efforts…
On November 1, the Center for Medicare & Medicaid Services (CMS) announced its Home Health Prospective Payment System Rate Update final rule for CY 2024 (the Final Rule) at an aggregate increase to Medicare home health payments of 0.8% or $140 million. These estimations were shared by law advice platform Robinson+Cole Health Law Diagnosis on…
In a striking development in the arbitration world, the English Court has upheld a challenge to an enormous arbitration award against Nigeria, estimated at US$11 billion, on the grounds of it being fraudulently procured. The judgment, which aimed to rectify what English judge referred to as “the most severe abuses of the arbitral process”, offers…
As legal professionals navigating the challenges in the cannabis industry, we are all too aware of the risks our clients encounter daily. Recently, a topic of interest has been whether cannabis businesses should withdraw their Employee Retention Credit (ERC) claims, especially in light of the Internal Revenue Service’s (IRS) recent developments. Holland & Hart LLP‘s…
In the latest release of Compliance Notes – Vol. 4, Issue 44, Nossaman’s Government Relations & Regulation Group provides a periodic update of the key developments and changes in the realm of campaign finance, lobbying compliance, election law and government ethics issues across federal, state and local level. This is a must-read for legal professionals…
The legal team representing Facebook users in their class action against Meta, formerly known as Facebook, has scaled back their proposed attorney fees after a rebuke from a presiding judge. The lawsuit alleges that Meta tracked the locations of 70 million users, with Meta agreeing to a $37.5 million settlement to resolve the ensuing class…
A Republican initiative seeking to rearrange and consolidate Florida’s 20 trial court circuits, a maneuver purported to bolster GOP influence over the judiciary, encountered resistance as a specially chosen committee unanimously rejected it. The proposal, advocated by important figures including state House Speaker Paul Renner (R), suggests that aligning judicial circuits could save state resources…
In what appears to be a relevant educational exploration into the past, the Republic of Texas, a less-known yet significant independent nation in American history, serves as the drawcard for compelling leadership lessons from its presidents. These lessons offer a rich resource for today’s legal professionals who battle similar political and managerial challenges, albeit in…
California has lately been a hotbed of legal activity, particularly concerning food industry regulations. Governor Gavin Newsom has been particularly busy, signing several key bills that will have far-reaching implications for food manufacturers within the state and potentially beyond. Perhaps the most significant of these is AB 899, a new law centred on increasing the…
On October 27, 2023, a noteworthy proposed rule was disseminated by the Departments of HHS, Labor, and Treasury and the Office of Personnel Management (the Departments) which aims to restructure the payor-provider dispute resolution process in the U.S context. This proposed regulation or as called by professionals, the IDR Operations Proposed Rule, specifically targets the…
In November of last year, the fast-paced rise of AI technologies, emanating from the release of generative artificial intelligence tool, ChatGPT, sparked a fervor in the realm of digital transformation. This rapid emergence often results in the inceptive development of related legal and compliance obligations. While sometimes welcomed, these requirements are also occasionally met with…