On September 28, 2023, the Colorado Division of Insurance (CDI) released the first-of-its kind draft proposed regulation (Testing Regulation) for testing the outcomes of certain life insurance underwriting practices for...more
On May 26, 2023, the Colorado Division of Insurance (CDI) exposed, for public review and comment, a significantly revised draft of its proposed regulation (the Revised Draft Reg.) addressing the governance and risk management...more
Last week the US Supreme Court heard arguments regarding whether the interlocutory appeal of a denial of a motion to compel arbitration should also automatically stay proceedings in the trial court such as discovery. The...more
The US Drug Enforcement Agency (DEA) recently stated that delta-8 THC acetate ester (delta-8 THCO) and delta-9 acetate ester (delta-9 THCO) are not hemp, but Schedule I controlled substances under the Controlled Substances...more
The FDA’s recent decision not to regulate CBD like a food or dietary supplement leaves a multi-billion-dollar industry in a lurch. What’s next, and what should companies do now?...more
On February 1, 2023, the Colorado Division of Insurance (CDI) released a draft of the first of several regulations to implement S.B. 21-169, Colorado’s 2021 law prohibiting insurers from using external consumer data and...more
On July 22, 2022, the US Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) opened up public comment on a proposed rule to make two changes to the List of Bioengineered Foods (the List). The National...more
The US Department of Justice has taken its first enforcement action against COVID-19 fraud, illustrating its previously stated commitment to prosecute “bad actors” attempting to exploit the global health crisis. On March 22,...more
By now, you have seen countless commentaries about potential supply chain disruptions caused by COVID-19. Most tell you to review your contracts, including any force majeure provisions, to determine your and your...more
As we all respond to COVID-19 (the coronavirus), we should keep an eye on the responsive measures being taken by the US Department of Justice (DOJ), and consider how those measures might impact companies and individuals...more
The cannabis world is abuzz with news about the latest federal Food & Drug Administration (FDA) report regarding cannabidiol (CBD). We break down what it is, and what it means for the industry and the regulatory landscape for...more
3/9/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
E-Cigarettes ,
Enforcement Programs ,
Food and Drug Administration (FDA) ,
Information Reports ,
Regulatory Agencies ,
Regulatory Agenda
On October 31, 2019, the US Department of Agriculture (USDA) published a long-anticipated interim final rule on the production of hemp - defined as cannabis plant with a delta-9 tetrahydrocannabinol (THC) concentration of not...more
11/14/2019
/ Administrative Procedure ,
Cannabis Products ,
Clinical Laboratory Testing ,
Comment Period ,
Controlled Substances Act ,
Farm Bill ,
Hemp ,
Interim Final Rules (IFR) ,
Marijuana ,
Marijuana Related Businesses ,
Market Participants ,
Regulatory Agenda ,
Testing Requirements ,
Tribal Governments ,
USDA
On October 7, 2019, the US Court of Appeals for the Second Circuit extended litigants’ ability to seek discovery under 28 U.S.C. §1782. Parties typically pursue discovery as part of the litigation process; however, Section...more
On September 25, 2019, the House of Representatives overwhelmingly passed the bipartisan Secure and Fair Enforcement (SAFE) Banking Act with a vote of 321 in favor and 103 against. Notwithstanding widespread public support,...more
10/4/2019
/ Anti-Money Laundering ,
Banking Sector ,
Decriminalization of Marijuana ,
Depository Institutions ,
Financial Institutions ,
Financial Services Industry ,
FinCEN ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Money Laundering Control Act (MLCA) of 1986 ,
SAFE
After pressure from the US Senate, the FDA signals movement on CBD regulations.
The US Food and Drug Administration (FDA) Principal Deputy Commissioner Amy Abernathy, MD, PhD, recently announced via Twitter that the FDA...more
For years, many have argued that the federal government should legalize marijuana. Despite a vocal minority advocating for legalization, such efforts have largely fallen on deaf ears....more
4/17/2019
/ Agricultural Sector ,
Anti-Money Laundering ,
Banking Sector ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Drug Trafficking ,
Farm Bill ,
Hemp ,
Internal Revenue Code (IRC) ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Preemption ,
Proposed Legislation ,
Tenth Amendment
On January 7, 2019, the New York State Department of Financial Services (DFS or the “Department”) issued guidance regarding internal whistleblowing programs, calling a “robust” whistleblowing program an “essential component...more
With the US poised to decrease regulation and the outcome of Brexit unknown, multinational institutions face a great deal of unpredictability in the regulatory landscape. In this edition of Partnering Perspectives, we look at...more
The food and beverage industry is faced with an onslaught of consumer fraud class actions targeting everything from the use of the terms “all natural,” “healthy,” and “organic,” to the amount of slack-fill in particular...more
As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients doing business in multiple...more
6/21/2017
/ America Invents Act ,
Americans with Disabilities Act (ADA) ,
Anti-Money Laundering ,
Attorney-Client Privilege ,
Cross-Border ,
Enforcement Actions ,
EU ,
Legal Advice Privilege ,
Patent Litigation ,
Post-Grant Review ,
Privileged Communication ,
Tax Reform ,
UK ,
Website Accessibility
Complaints regarding the amount of product contained in a particular package appear to be the new battlefront on which plaintiffs are waging war on a wide range of consumer product manufacturers. The lawsuits are spurred by a...more