On January 18, 2023, the US Patent & Trademark Office announced the launch of its new Intellectual Property (IP) Identifier tool.
The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s summary judgment ruling finding no likelihood that consumers might be confused as to any relationship between competitors operating in the same state, in similar trade channels and using a mark having the same primary word component.
On Jan. 11, the Consumer Financial Protection Bureau (CFPB) released a proposed rule that would require certain nonbank financial companies subject to its supervisory jurisdiction to submit annual reports about their use of terms and conditions that attempt to waive or limit consumer rights and protections.
Last summer, the Financial Regulatory Authority (FINRA) proposed a rule change to its supervision rule (FINRA Rule 3110) to allow member firms to conduct remote inspections of some or all branch offices and locations.
Putative class action lawsuits asserting that personal care products and cosmetics are not “green,” “natural,” or “sustainable” despite being labeled or marketed as such are likely to continue to increase in 2023.
In 2022, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) obtained nearly $1 billion in total fines and penalties related to Foreign Corrupt Practices Act (FCPA) violations, making 2022 one of the top 10 highest grossing years with regard to enforcement penalties in the 45-year history of the FCPA.
In a case set to consider whether the attorney-client privilege protects communications between a client and attorney where the communications contain both legal and non-legal advice (“dual-purpose” communications), on Jan. 23, 2023, the U.S. Supreme Court dismissed In Re Grand Jury, No. 21-1397, after hearing oral arguments two weeks earlier.
After years of rulemaking efforts, the Consumer Financial Protection Bureau (CFPB) may issue a final rule later this month that would require lenders to collect and report data on small business loan applications, including applications from minority-owned and women-owned small businesses. According to the CFPB, when it is implemented, the rule will create the first comprehensive database of small business credit applications in the United States.
The Judicial Panel on Multidistrict Litigation (JPML) received fewer requests to create new MDLs over the past year (granting only a handful), yet the few that were created are likely to be significantly larger than average MDLs of years past.
Just over £200 million was recovered by law enforcement authorities utilising their civil asset recovery powers during the financial year 2021 to 2022.
On Jan. 27, 2023, the California Attorney General announced his office is investigating and sending letters to businesses in the retail, travel, and food industries with popular mobile apps that allegedly are not in compliance with the California Consumer Privacy Act (CCPA) by failing to offer a consumer opt-out mechanism for sales, or honor rights requests submitted via authorized agents.
In 2022, New York State and New York City enacted many new workplace laws, creating additional obligations for employers.
While ransomware attacks have been on the rise since 2020, a recent trend has emerged where threat actors are bypassing ransomware malware and encryption tactics and going straight to data theft.
On January 13, 2023, the Internal Revenue Service (IRS) released a Chief Counsel Advice Memorandum (CCA 202302011) concluding that taxpayers cannot claim a deduction for cryptocurrency losses that have, absent a sale or other taxable disposition, substantially declined in value if such cryptocurrency continues to trade on at least one cryptocurrency exchange and has a value that is greater than zero.
Six of the seven Medicare Administrative Contractors (MACs) are scheduled to jointly host a multijurisdictional contractor advisory committee (CAC) meeting on February 28, 2023.
The District of Columbia Council has postponed the first effective date of voter Initiative 82, the “Tip Credit Elimination Act,” from January 1, 2023, to May 1, 2023.
From changing regulatory to employment issues, get practice advisories designed just for In-House Counsel. Subscribe for free.Subscribe Now
Unlock even more great content and insights by subscribing now. It's Free!Sign Up
Already have an account? Sign In.