On September 21, 2023, the Patent Trial and Appeal Board (PTAB) made a noteworthy decision to deny the United Services Automobile Association’s (USAA) petition to institute inter partes review of Auto Telematics’s U.S. Patent No. 9,633,487. This denial was made in consideration of the written description presented in the alternative embodiments. The inter partes review…
The False Claims Act (FCA) has recently garnered significant attention at the Supreme Court. Our final installment of the series, “The FCA at the Supreme Court,” delves into current active cases, offers commentary on newly issued decisions, and provides important takeaways designed to assist government contractors in safeguarding their business assets in the face of…
In an effort to clarify the application of the SECURE 1.0 and SECURE 2.0 Acts, the IRS released a Notice of Proposed Rulemaking on November 24, 2023. These proposals specifically address the application of rules pertaining to “long-term, part-time employees.” As these rules have been long-awaited and highly anticipated, their release marks significant progress in…
In an increasingly complex legal landscape, attention to the intricate details of legal obligations and requirements is key to long-term success, particularly in the field of education. One such obligation is the Title IX and Clery Act training requirements, which apply to Title IX team members and members of the campus community at large. Understanding…
In recent legal developments, two English cases have brought to attention the matter of statutory formalities for signing documents. These cases demonstrated both a strict and a more flexible approach by the courts when considering the validity of a legal document, essentially questioning whether the signing of the document complied with statutory formalities prescribed by…
In a quest to phase out its enforcement-discretion approach for laboratory-developed tests (LDTs), the US Food and Drug Administration (FDA) has made a significant step forward. On October 3, 2023, FDA published a proposed rule that aims to classify LDTs as devices under the Federal Food, Drug, and Cosmetic Act (FDCA). The rule also outlines…
On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule which could fundamentally alter the landscape of lead generation and digital marketing for consumer retailers and sellers. Though the proposed rule is not yet final, early signs suggest that the FCC is leaning towards voting to pass the rule at its upcoming…
Under the Colorado Privacy Act (“CPA”), consumers now have explicit rights to opt out of the sale of personal information and the processing of such data for targeted advertising. This development is in line with measures taken by other states to protect consumer data privacy. The attorney general of Colorado has now submitted a shortlist…
The Delaware Bankruptcy Court recently approved a stipulated judgement concerning deceptive student loan practices, dealing with a case where a settlement in excess of $30 million was reached between Delaware Attorney General, Kathy Jennings, the Consumer Financial Protection Bureau (CFPB) and 11 other states against Prehired LLC and affiliated debt collection companies. The settlement pertains…
In an interesting turn of events, Registered investment advisor (RIA) Creative Planning announced the purchase of Mesirow’s corporate retirement advisory services team. The acquisition signifies a strategic move by Creative Planning to strengthen its presence in the corporate retirement advisory sector, one that should not be overlooked by legal professionals invested in this field. Details…
The National Labor Relations Board (NLRB) recently made an announcement that it will be delaying the effective date of its new “joint employer” final rule. The implementation of the rule is pushed back by two months because of several ongoing legal challenges. The final rule, which provides the standard for joint employer status under the…
Amid various legal battles, the National Labor Relations Board (NLRB) has decided to delay the effective date of its new joint-employer rule. Initially set to come into effect on December 26, 2023, the implementation date has been extended to February 26, 2024, as detailed in a recent report by Kelley Drye & Warren LLP. The…
The U.S. Federal Trade Commission (FTC) recently issued warning letters to two trade associations and twelve social media influencers. Dated November 13, 2023, the letters advised the recipients that their disclosures of material connections in social media posts concerning sugar and aspartame were regarded as inadequate. The FTC’s action follows its publication of updated Endorsement…
The cryptocurrency sector has typically been a market known for its “wild west” atmosphere, with some players often seemingly operating with little regard for traditional financial regulatory frameworks. However, a recent case involving Binance, one of the world’s largest cryptocurrency trading platforms, may serve as a stark reminder to all industry players that such lawlessness…
One of the cornerstones of maintaining productive relationships in the legal realm – and indeed Human Resources at large – is to express gratitude when and where it is due. As we look towards the future, the importance of thankfulness, even in a seemingly chaotic world, cannot be understated. As the year 2023 beckons on…
Earlier this November, the United Kingdom played host to the AI Safety Summit, featuring over 100 representatives from across the globe. The AI Safety Summit’s focus was on the objectives and approach of the UK government towards artificial intelligence (AI) regulation, a topic of increasing import in the legal landscape. The events and outcomes of…
On the 21st of November, 2023, the federal government of Canada revealed its Autumn Fiscal Statement in which it outlined further legislative measures it intends to take along with its action plan for the economy. The statement announced among other things, substantial changes to the current Competition Act encompassing a wide array of aspects including…
In a significant development in the health and life sciences private equity space, Gauge Capital has announced an investment in the East Coast Institute for Research (ECIR). The details of the deal, however, have not been made public at this time. With its primary focus on private equity investments in rapidly-growing companies, Gauge Capital is…
On November 22, 2023, it was announced that the Securities and Exchange Commission (SEC) has issued a stay on its Share Repurchase Disclosure Modernization rules, which were adopted earlier in May 2023. The rule changes, previously set to become effective on July 31, 2023, proposed a significant reshaping of the disclosure protocol relating to share…
Orrick’s Founder Series is a valuable resource for legal professionals targeting startups and enterprises at each stage of their growth lifecycle. Their objective is to guide companies from incorporation, to scaling up, and through potential exit strategies. The series is crafted by members of Orrick’s market-leading London Technology Companies Group (TCG), which also includes contributions…
The Corporate Transparency Act (CTA), enacted in 2021 as a section of the Anti-Money Laundering Act of 2020, requires certain business entities (known as “Reporting Companies”) to disclose their beneficial ownership information (BOI). The act extends to entities created or registered from January 1, 2024, onwards, necessitating them to submit information concerning any individual who…
In a remarkable ruling by the Montana Supreme Court, a question of modern law in the digital era has been broached. The court found that actions conducted on social media platforms, like Facebook, could be considered when determining personal jurisdiction based on the ‘minimum contacts’ principle. The case that instigated this ruling is Groo v….
The ongoing tug of war between privacy rights and technological innovations in the legal field has taken a momentous step forward with the California Privacy Protection Agency (“CPPA”) proposing draft regulations on Artificial Intelligence (AI) and automated decision-making technologies. According to a feature on JD Supra, the proposed regulations by CPPA address systems that utilize…
As the end of the year approaches, it is important to remember that the December 31 attestation deadline for the gag clause prohibition in group health plans is impending. This is a matter that all legal professionals, particularly those managing corporate health insurance packages, should be informed about. The Consolidated Appropriations Act of 2021 significantly…
Cloudbeds, also known as Digital Arbitrage, Inc., has agreed to pay $150,000 to settle a disability discrimination lawsuit levied by the U.S Second Equal Employment Opportunity Commission (EEOC). The resolution follows allegations that the remote-first global technology company refused to accommodate and hire a deaf applicant, sparking an investigation by the federal agency. The lawsuit,…