Author Info for Womble Bond Dickinson

Reid Adams Jr.

Business Interruption Coverage, OSHA Issues & Workers’ Compensation Issues in the COVID-19 Era

When things are going well, insurance coverage, workers’ compensation and OSHA compliance may not be front-burner issues for companies. But in the COVID-19 environment, such “rainy day” topics are top of mind concerns of company…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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Abhijit Adisesh

USPTO to Provide Patent Grants Electronically - What Patent Applicants Need to Know

Once a patent Applicant pays an issue fee after receiving a notice of allowance from the U.S. Patent and Trademark Office (USPTO), an issue notification follows shortly thereafter. The issue notification provides the Applicant…more

Administrative Procedure, Patent Applications, Patents, USPTO

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Jack Altura

Calhoun v. Google - Continued Considerations for Privacy Notices

Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v…more

Consent, Corporate Counsel, Data Collection, Google, Invasion of Privacy

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Robert Ambler Jr.

SEC v. Jarkesy: How Impactful Is It Really on the SEC’s Enforcement Program?

In SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment requires the U.S. Securities and Exchange Commission (“SEC” or “the Commission”) to litigate in federal district court when seeking civil monetary penalties…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges

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Lela Ames

Be Prepared: Strategies to Help Institutions Prepare for the Next (or First) Title IX Hearing

This is the second article in a series exploring what our Title IX team has learned in the year following the implementation of the 2020 Title IX regulations. Since the new Title IX regulations were released in May of 2020,…more

Administrative Hearings, Colleges, Educational Institutions, Evidentiary Hearings, Gender-Based Violence

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D. Scott Anderson

The Major Shift into Minority Investments

The venture capital markets are experiencing a prolonged expansion in both the number and type of investors willing to make minority (non-controlling) investments. This heightened competition for investment opportunities and the…more

Due Diligence, Investors, Minority Equity Investments, Portfolio Companies, Private Equity

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Lauren Anderson

Updating Interview Scheduling Practices with USPTOs AIR Program

Many patent practitioners have experienced the benefits of examiner interviews in achieving compact patent prosecution. Examiner interviews allow practitioners and examiners to discuss subtle but sometimes significant technical…more

Briefing Schedule, Interviews, Patent Applications, Patent Examinations, Patent Prosecution

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Scot Anderson

The US Uranium Dilemma: Domestic Production Challenges in an Era of Growing Nuclear Energy Demand

The US has a massive disparity between domestic uranium production and demand, highlighting a critical dependency on foreign sources, particularly as nuclear energy development is expected to increase. Recent federal public land…more

Canada, Department of Energy (DOE), Energy Sector, Environmental Policies, Environmental Protection Agency (EPA)

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Stephen Anderson

The Evolution of National Security in the U.S. and U.K.

The U.S. and the U.K. are focused on common national security risks, including preventing foreign access to key emerging technologies, the integrity of the defense supply chain, protection of critical infrastructure, and…more

CFIUS, Compliance, Controlled Unclassified Information (CUI), Critical Infrastructure Sectors, Defense Sector

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Nadia Aram

New Click-to-Cancel Requirements… Welcome/Not Welcome?

The Federal Trade Commission (FTC) announced its long-awaited final Negative Option Rule (the “Rule”) on October 16, 2024. “Negative Options” according to the FTC are arrangements “under which the consumer’s silence or failure…more

Amended Rules, Automatic Renewals, Cancellation Rights, Consumer Contracts, Federal Trade Commission (FTC)

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David Attanasio

International Arbitration: What You Need to Know for 2025

As 2025 gets underway, Womble Bond Dickinson has been taking stock of the major international arbitration developments from last year that are likely to affect our clients with international business. In 2024, we saw…more

Arbitration Agreements, Corporate Counsel, Dispute Resolution, Energy Charter Treaty, Energy Policy

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Daniel Attaway

Codifying the Experimental Use Exception? USPTO Seeks Public Input

The United States Patent and Trademark Office (USPTO) released a Notice on the Federal Register (“the Notice”) today requesting public commentary and input on the current state of the experimental use exception. The USPTO is…more

Agricultural Sector, Biden Administration, Defense Strategies, Disclosure Requirements, Executive Orders

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Meghan Aubry

The Georgia Supreme Court Upheld Out-of-State Corporations’ Consent to Suit by State Registration - But Will the U.S. Supreme Court Weigh in?

In a recent decision, the Georgia Supreme Court reaffirmed that under Georgia law, when an out-of-state corporation registers with the Georgia Secretary of State to conduct business in Georgia, it consents to general personal…more

DaimlerAG, Foreign Corporations, GA Supreme Court, Personal Jurisdiction, Petition for Writ of Certiorari

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F. Reid Avett

FCC Regulatory Fee Deadline Expected to Be Announced Soon; Form 395-B Filing Deadline Delayed

As of the distribution of this alert, the Federal Communications Commission (FCC or Commission) has not yet announced the deadline for this year’s regulatory fee payments. However, as the Commission has a statutory obligation to…more

Broadcasting, Data Collection, FCC, Fees, Filing Deadlines

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Tracy Bacigalupo

Legal Insights for Data Center Developers: Structuring Investments

In the rapidly evolving landscape of digital infrastructure, data center developers face unique challenges and opportunities. This blog post delves into the intricacies of structuring investments and working with investors in…more

Choice of Entity, Corporate Governance, Data Centers, Investment Opportunities, Privacy Laws

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Shari Domow Bacsardi

Certification and AI in eVTOLs and eCTOLs: Industry Leaders Avoid Autopilot in Bringing Electric Aircraft to Market

This client alert was originally published in Monitor Daily. The march toward electric vertical takeoff and landing aircraft (eVTOL) certification is progressing, though some predict a delay in eVTOLs’ market entry. Leading…more

Aircraft, Artificial Intelligence, Electric Vehicles, Federal Aviation Administration (FAA), Research and Development

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Jeremy Baker

[Webinar] Early Warning Signs that Your Construction Project is Heading in the Wrong Direction: Lessons Learned from Troubled Projects - April 2nd, 12:00 pm - 1:00 pm ET

Complex construction projects are never easy, particularly for project owners not used to the construction process. Disputes over costs overruns and delays are unfortunately the norm, and if not addressed quickly, can consume a…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation, Construction Managers

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Francisco Balduzzi

Mexico Adopts Controversial Judicial Reform - What You Need to Know to Protect Your Business

As has been widely reported, Mexico recently adopted a constitutional amendment to overhaul its judiciary—most notably requiring popular elections for judges at all levels of the Mexican court system. Observers have widely…more

Constitutional Amendment, Dispute Resolution, Foreign Investment, Judges, Judicial Appointments

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Janice Baldwin

Time to Review Executive Compensation Arrangements in Light of IRS Guidance on Section 162(m)

Last week, the Internal Revenue Service (the “IRS”) published limited initial guidance regarding key aspects of the changes brought about by the Tax Cuts and Jobs Act of 2017 (the “Act”) to Section 162(m) of the Internal Revenue…more

Compensation & Benefits, Cost-of-Living Adjustment (COLA), Covered Employees, Emerging Growth Companies, Executive Compensation

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Reid Barber

Action Recommended in View of Upcoming Fee Increases for Design Patents

The United States Patent and Trademark Office (USPTO) finalized its fee schedule for 2025, which will take effect on January 19, 2025. This schedule includes significant increases to fees for design patent applications…more

Design Patent, Fees, Filing Fees, Intellectual Property Protection, Patent Applications

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Tim Barber

Unified Patent Court ratification declared unconstitutional by German court

Following on from the announcement that the German Federal Constitutional Court (the "FCC") has upheld the complaint that, as it stands, the ratification of the Agreement on a Unified Patent Court (the "Agreement") is…more

Constitutional Challenges, Patents, Popular, Ratification, Unified Patent Court

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Sara Bauer

New Year, New Fee Schedule for Trademarks at the USPTO - Big Changes to Application Fees

Our colleagues previously reported on the United States Patent and Trademark Office’s (USPTO) patent fee schedule for 2025, and we now take this opportunity to provide you with our insights on the USPTO trademark fee schedule…more

Corporate Counsel, Filing Fees, Trademark Application, Trademark Electronic Application System (TEAS), Trademarks

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Nicholas Bauman

Arizona Voters Modify Creditors' Remedies with Passage of Proposition 209 - Update

UPDATED 5/30/2024: Prop. 209 became law on December 5, 2022, but was immediately challenged by the Arizona Creditors Bar Association and several other organizations as unconstitutionally vague and internally inconsistent. Prop…more

Amended Legislation, Appeals, Arizona, Creditors, Debt Collection

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Kim Beane

The Science of Drug Testing

As the summer Olympic Games are upon us, there will inevitably be instances of athletes being banned from the Games due to doping. The U.S. Anti-Doping Agency (USADA) is the body governing American Olympic and Paralympic…more

Athletes, Department of Transportation (DOT), Doping, Drug Testing, FMCSA

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David Beckstead

FERC's Co-Location Conundrum: Balancing Grid Reliability with Data Center Development as PJM's Tariff Faces Scrutiny

FERC's Order Signals Transformative Change While Navigating Jurisdictional Limits: While FERC recognizes the urgent need to address co-location arrangements (particularly given the AI/data center boom), the intricate interplay…more

Data Centers, Electricity, Energy Sector, Federal Power Act, FERC

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Matthew Bellah

Overhaul of the Rosen-Durling Test: A New Era for Design Patent Obviousness

In the recent case of LKQ Corporation v. GM Global Technology Operations LLC, the en banc (for the first time in five years) Federal Circuit overruled the long-established Rosen-Durling test used for evaluating the obviousness…more

Design Patent, En Banc Review, Graham Factors, Guidance Update, Obviousness

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Merrick Benn

Global Finance: Today’s Risks and Rewards in an Evolving Industry

The global finance industry has been undergoing a significant shift in recent years, with investment patterns showing a slow but steady pivot towards Low Income, Lower Middle Income, and Upper Middle Income nations, as…more

Africa, China, Electric Vehicles, Emerging Growth Companies, Energy Sector

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Caressa Bennet

Cybersecurity: Salt Typhoon’s Persistence is a Cruel Lesson for Smaller Providers

This article is based on Carri Bennet’s April 9th presentation at the Palmetto Broadband Coalition Annual Convention in Greenville, S.C. In December 2024, the White House’s Deputy National Security Adviser for Cyber and…more

China, Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Declaratory Rulings

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Michael Bennet

White House Temporarily Pauses Certain Federal Financial Assistance Programs But U.S. District Judge Pauses Pause Until February 3

On January 27, the White House ordered a temporary pause, via an internal memorandum, on certain grants and loans disbursed by the federal government in order for each federal agency to review their federal financial assistance…more

Diversity and Inclusion Standards (D&I), Executive Orders, Federal Funding, Government Agencies, Judicial Authority

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Raymond Bennett

Fourth Circuit Rejects Broad Reading of Arbitration Ban in Dodd-Frank

In a variation on a familiar refrain, the Fourth Circuit recently upheld the enforceability of another arbitration provision under the Federal Arbitration Act (“FAA”) in Santoro v. Accenture Federal Services, LLC. This time, the…more

American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Dodd-Frank

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Andrew Beverina

Lighting the Way: ITC Decides First Case Under the Interim ID Program, Holds Domestic Industry Cannot Be Shown with Aggregated Investments in Multiple Products Covered by Different Patents

On March 22, the US International Trade Commission (ITC) issued the public version of its Commission Opinions (available here and here) in its very first case under the interim initial determination, or “Interim ID,” program…more

Administrative Law Judge (ALJ), Corporate Counsel, Design Patent, Hyundai, International Trade Commission (ITC)

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Britt Whitesell Biles

[Webinar] U.S. Anti-Corruption Enforcement in Latin America - October 22nd, 12:00 pm - 1:15 pm ET

Latin America has been the focus of considerable attention by the Biden Administration and the DOJ. Despite strong ties based on trade, shared values and democratic traditions, Latin America is being tested with new and…more

Anti-Corruption, Biden Administration, Department of Justice (DOJ), Enforcement, FEPA

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Paul Billow

SEC Expected to Begin Settlement Actions With Issuers Under MCDC Initiative

In March 2014, the Securities and Exchange Commission (the “SEC”) initiated the Municipalities Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) to provide issuers (including obligated persons) and underwriters…more

MCDC, Municipal Securities Issuers, Securities and Exchange Commission (SEC), Self-Reporting, Underwriting

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Julius Bodie

Trade Update: Navigating Trump Administration Tariffs - Reciprocal Tariffs and Further Developments

Since early 2025, the Trump administration has imposed a series of broad sector- and country-specific tariffs. These measures were significantly expanded on April 2, 2025, with the announcement of a global tariff regime grounded…more

Canada, China, Exports, Imports, International Emergency Economic Powers Act (IEEPA)

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Michael James Bogle

SCOTUS Muddies All The Waters

In a decision which seems likely to inject yet more uncertainty into whether the introduction of pollutants to surface waters via groundwater triggers the permitting requirements of the Clean Water Act (“CWA”), a majority of…more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, Environmental Protection Agency (EPA)

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Ashley Borthwick

Expanding International Cooperation on Export Controls and Enforcement

In early June 2023, legislation was proposed in the U.S. Congress to amend the U.S. Arms Export Control Act to provide an exemption for licensing of defense items for export to the United Kingdom (U.K.)…more

Arms Export Control Act, Bureau of Industry and Security (BIS), Collaboration, Department of Justice (DOJ), Economic Sanctions

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John Bossert

Comparing California’s AI-Likeness Bills with the Federal NO FAKES Act of 2024

Over the past several years, both Congress and state legislatures have introduced legislation concerning “digital replicas,” or deepfakes created by AI. Many of these bills have been directed to protecting the…more

Actors, Artificial Intelligence, Audio Recording, Celebrities, Copyright

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Ben Bourke

2024 Hatch-Waxman Year in Review

In 2024, the Hatch-Waxman Act continued to play a critical role in the U.S. pharmaceutical landscape, driving the dynamics between brand-name drugmakers and generics. This landmark legislation, enacted to encourage innovation…more

Abbreviated New Drug Application (ANDA), Food and Drug Administration (FDA), Generic Drugs, Hatch-Waxman, Life Sciences

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Mary Bourke

Navigating the Implications of In re Cellect: What You Need to Know About Patent Term Adjustment & Obviousness-Type Double Patenting

On January 19, 2024, the Court of Appeals for the Federal Circuit issued an order denying the Petition for Rehearing En Banc in the much awaited In re Cellect matter. The mandate of the court issued today…more

Obviousness, Obviousness-Type Double Patenting (ODP), Patent Litigation, Patent Term Adjustment, Patent Term Extensions

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Joanne Boyle

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville…more

Anti-Discrimination Policies, Civil Rights Act, Collective Bargaining, Employer Liability Issues, First Amendment

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Justin Bradley

TCPA Consent Transfer: SDNY Case Highlights Key Considerations

In a September 2024 opinion, the United States District Court, Southern District of New York (SDNY) addressed the conditions for transfer of consent under the FCC’s Telephone Consumer Protection Act (TCPA) Do Not Call (DNC)…more

Auto-Dialed Calls, FCC, Prior Express Consent, Robocalling, TCPA

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Claire Brady

Upcoming Changes in Defense Related Procurement: What You Need to Know

When we talk about defense related procurement, we're referring to defense and security contracts which are public contracts. Defense procurement reform has been a significant topic on the House of Commons agenda for some…more

Defense Sector, Effective Date, EU, EU Directive, National Security

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Eryn Brasovan

Micro-Captive Reportable Transaction Deadline Effectively Extended

On Friday, April 11, 2025, the Internal Revenue Service issued Notice 2025-24 (the “Notice”), which waives applicable penalties under the Internal Revenue Code to participants in, and material advisors to, reportable…more

Captive Insurance Company, Disclosure Requirements, Filing Deadlines, Insurance Industry, Internal Revenue Code (IRC)

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Anthony Brett

Trump Administration’s ‘Regulatory Sprint’ Includes Revisions to Stark Law and Anti-Kickback Statute

On October 9, 2019, the Centers for Medicare and Medicaid Services (CMS) released two proposed rules: Modernizing and Clarifying the Physician Self-Referral Regulations and Fraud and Abuse; Revisions to Safe Harbors under the…more

Anti-Kickback Statute, Beneficiary Inducement, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Comment Period

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Robert Brinkley

Using a Prenegotiation Agreement as Part of Lease Restructuring

In our new COVID world, many leases are being restructured. Some are in response to tenant defaults and are appropriately considered lease “work-outs”. Many others will likely need to be amended to adjust to a post-COVID…more

Commercial Leases, Contract Terms, Landlords, Leases, Real Estate Investments

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Robert Broadbent

DoD Workforce Transformation and Strategic Implications for Defense Contractors

The Department of Defense has initiated a far-reaching transformation of its civilian workforce through the Workforce Acceleration and Recapitalization Initiative, formalized in the Deputy Secretary of Defense memorandum…more

Automation Systems, Defense Contracts, Defense Sector, Department of Defense (DOD), Employee Retention

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Julie Broadus Meigs Ph.D.

Navigating the Implications of In re Cellect: What You Need to Know About Patent Term Adjustment & Obviousness-Type Double Patenting

On January 19, 2024, the Court of Appeals for the Federal Circuit issued an order denying the Petition for Rehearing En Banc in the much awaited In re Cellect matter. The mandate of the court issued today…more

Obviousness, Obviousness-Type Double Patenting (ODP), Patent Litigation, Patent Term Adjustment, Patent Term Extensions

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Peter Bromaghim

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds of…more

Advertising, Affirmative Defenses, Brand, Copyright, Copyright Infringement

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Charles Brown, II

COVID-19 and Commercial Leases: Guidance for Lenders

Throughout the COVID-19 pandemic, real estate lenders will be dealing with commercial lease defaults and need to consider the following issues: Soon after the spread of COVID-19 and the resulting significant impact on…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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Victoria Bruno

COVID-19 Workplace Safety Regulations for Businesses

On July 15, Virginia became the first state to adopt workplace safety regulations to address COVID-19, both to help curtail the spread of the virus and to drive sustained economic recovery throughout the Commonwealth. Other…more

Anti-Discrimination Policies, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Health and Safety

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Bruce Buchanan

Update: Further Extensions Granted to FCC Filing Deadlines

Yesterday, we advised that the Federal Communications Commission had extended the deadline for uploading Issues/Programs Lists to stations’ online public files to January 30, 2019…more

Broadcasting, FCC, Filing Deadlines, Public Notice, Reporting Requirements

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Zachary Buckheit

Appeals Court Lifts Injunction on Pair of DEI-Targeting Executive Orders: What It Means for Federal Contractors and Grantees

A panel of the United States Court of Appeals for the Fourth Circuit lifted a nationwide injunction, allowing the Trump administration to resume implementation of a pair of executive orders targeting diversity, equity, and…more

Anti-Discrimination Policies, Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Priorities

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Alexander Buckley

New OSHA Guidance for Recording COVID-19 Cases at Work

On May 19, 2020, OSHA issued revised guidance for recording cases of COVID-19. Under OSHA’s earlier April guidance, most employers effectively were not required to record cases of COVID-19. The new guidance, effective May 26,…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employee Privacy Rights, Infectious Diseases, New Guidance

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Bruce Buckley

Local Opinion Counsel - Care and Feeding of

Feeding local opinion counsel a full plate of information early in the engagement will help local opinion counsel take some of the heat off of borrower’s lead counsel during the typical hurry-up-and-wait process of getting…more

Commercial Loans, Legal Opinion, Outside Counsel, Pre-Closing Issues, Transactional Attorneys

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Hailey Bureau Ph.D.

U.S. Patent and Trademark Office Sets 2025 Fee Schedule

The United States Patent and Trademark Office (USPTO) has finalized its fee schedule for 2025. The updated fee schedule is effective on January 19, 2025. It includes increases to most standard office fees…more

Fees, Filing Fees, Surcharges, USPTO

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Christa Burger

EPA Extends Compliance Deadlines for Formaldehyde Emission Standards in Composite Wood Products

On September 26, 2017, EPA published a final rule in the federal register extending the compliance deadlines in its Formaldehyde Emission Standards for Composite Wood Products as follows..…more

CARB, Compliance Dates, Environmental Protection Agency (EPA), Final Rules, Imports

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Benjamin Busboom

Powering Progress: Navigating the Intricacies of On-Site Nuclear Generation

Small modular reactors (SMRs) can be collocated with high demand customers such as data centers and large manufacturing and chemical facilities to provide electric energy and capacity to them directly. Behind-the-meter nuclear…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

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Doug Butler

Micro-captive Insurance Reportable Transactions and the Reporting Requirements

Certain micro-captive transactions are back to being reportable. On January 14, 2025, the Treasury Department and the Internal Revenue Service (“IRS”) published final regulations (the “Regulations”) that named some micro-captive…more

Captive Insurance Company, Final Rules, Financial Services Industry, Income Taxes, Insurance Industry

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Ryan Cagle

[Webinar] Growing Global: Act Now or Act Later? Unitary Patents and the UPC - May 11th, 11:00 am - 1:00 pm EDT

One of the biggest changes in international patent law takes effect on June 1, 2023, when Europe's new Unitary Patent System and Unified Patent Court become a reality after years of planning. Join us for a virtual CLE as we…more

Continuing Legal Education, Intellectual Property Protection, IP License, Patent Infringement, Patent Litigation

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Bryant Caldwell

South Carolina’s New NIL Law and What it Means for Collegiate Athletes in the State

On Tuesday, May 21, 2024, South Carolina Governor Henry McMaster signed bill H. 4957 into law after it was approved unanimously by state lawmakers earlier in the year. Similar NIL (“Name, Image, and Likeness”) bills to H. 4957…more

Alston v NCAA, Antitrust Provisions, College Athletes, Colleges, Compensation

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Richard Cameron

For Whom the Bell Tolls? The Impact of Wisconsin Bell v. United States ex rel. Todd Heath and United States v. Regeneron Pharmaceuticals Inc. on False Claims Act Litigation

The Supreme Court’s decision in Wisconsin Bell v. United States ex rel. Todd Heath clarifies what constitutes a “claim” under the federal False Claims Act (FCA)…more

Anti-Kickback Statute, Article II, Constitutional Challenges, Corporate Counsel, Department of Justice (DOJ)

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Jacqueline Camp

Joint Impact Indicators for Impact Investors

As the impact investing market has grown and continues to grow, so has the need for a unified set of standards for measuring the social, economic and environmental impacts of investments in the market. In an effort to address…more

Corporate Social Responsibility, Environmental Policies, Financial Services Industry, Investment, Investors

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Madeline Campbell Ph.D.

Alert: New Mexico Is a Step Closer to Legalizing the Supervised Use of Psilocybin

We’ve previously highlighted psilocybin as an alternative treatment for various neuropsychiatric disorders, including anxiety, depression, and PTSD, along with legislative efforts at the state and federal levels to legalize and…more

Health Care Providers, Life Sciences, Mental Health, Pending Legislation, Prescription Drugs

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Patrick Cantrill

Unified Patent Court ratification declared unconstitutional by German court

Following on from the announcement that the German Federal Constitutional Court (the "FCC") has upheld the complaint that, as it stands, the ratification of the Agreement on a Unified Patent Court (the "Agreement") is…more

Constitutional Challenges, Patents, Popular, Ratification, Unified Patent Court

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Todd Carroll

Addressing Government Subpoenas

Subpoenas from the government can often be viewed as unwelcome intrusions into the business of a passive custodian and its accountholders. With a few fundamentals in place, though, custodians can use subpoenas as an opportunity…more

Corporate Counsel, Custodians, Document Productions, Government Investigations, Recordkeeping Requirements

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David Carter

The Legislative Battles Have Begun: Markey and Eshoo Vow to “Fix” The Supreme Court’s Facebook “Error”

Mere hours after the Supreme Court’s historic decision in Facebook v. Duguid was released, the legislative fight to overturn it began. Not surprisingly, leading the charge is Senator Edward J. Markey (D-Mass.), a member of the…more

ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, Random or Sequential Number Generator

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William Carter

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does not…more

CAN-SPAM Act, Data Collection, E-Commerce, Email, FTC Act

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Michael Cashin

Coronavirus Stimulus Legislation: Tax Credits and Other Business Programs

This final alert in our four-part series on coronavirus stimulus legislation covers the various other significant stimulus proposals focused on businesses contained in the Democrat’s Health and Economic Recovery Omnibus…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Employee Retention, Financial Stimulus

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Luke Cass

The UK's Failure to Prevent Fraud Offense

Effective September 1, 2025, the UK’s Failure to Prevent Fraud offense will go into effect as part of the UK’s Economic Crime and Corporate Transparency Act 2023 (the ECCTA). The law significantly expands corporate liability for…more

Anti-Corruption, Compliance, Compliance Dates, Corporate Liability, Enforcement Priorities

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Keith Casto

California Creates New Agency to Regulate and Monitor Gasoline Prices and Operations

Last September, in response to significant increases of the retail price of gasoline, California Governor Gavin Newsom called for a special legislative session to consider the imposition of a price cap or “price gouging penalty”…more

Gas Prices, Governor Newsom, Oil & Gas, Price Gouging, Regulatory Authority

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B. Taber Cathcart

Federal Enactment of Adjustable Interest Rate (LIBOR) Act

On March 15, 2022, President Biden signed the Consolidated Appropriations Act of 2022 into law, which includes the Adjustable Interest Rate (LIBOR) Act. This legislation establishes a uniform benchmark replacement process for…more

Adjustable Rate Financial Products, Alternative Reference Rates Committee (ARRC), Benchmarks, Consolidated Appropriations Act (CAA), Interest Rates

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Gregory Chabon

[Webinar] Keeping Out of the Weeds in Corporate and Financial Transactions - October 12th, 12:00 pm - 1:00 pm EDT

Learn the basics for structuring and financing your cannabis business and managing supply chain issues as you grow. Topics include: - M&A, equity raising - Hot topics when selling or seeking equity financing for a…more

Acquisitions, Cannabis-Related Businesses (CRBs), Capital Raising, Continuing Legal Education, Equity Financing

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Jasmine Chalashtori

Report: DOJ Launches Investigation into Alleged Energy Pricing Benchmark Fraud

Investigators with the U.S. Department of Justice reportedly are investigating energy pricing benchmarks published by Platts, targeting suspected manipulation of deal prices provided by individual traders. According to the…more

Benchmark Pricing, Commodities Traders, Compliance, Criminal Prosecution, Department of Justice (DOJ)

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Wayne Chancellor

Striking the Balance: Permitting Reforms for Mining & the Energy Transition

In an era marked by the transition to greener energy sources, there is an intricate dance between achieving net-zero emissions and the critical role mining plays in this endeavor. This compilation of articles titled “Striking…more

Climate Change, Consultation, EU, Greenhouse Gas Emissions, Minerals

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Tara Cho

Recent FCA Investigations at Universities: A Closer Look at Cybersecurity Compliance

In recent years, the U.S. Department of Justice has ramped up its examination of cybersecurity compliance among federal contractors, with a particular focus on academic institutions…more

Compliance, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), Department of Justice (DOJ)

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Christos Christodoulou

Federal Trade Commission Signals Dramatic Shift in Antitrust Enforcement

On November 10, 2022 the Federal Trade Commission (“FTC”) released a Policy Statement that is nothing less than a seismic shift in antitrust precedent and practice. In the Statement, the Commission asserts that Section 5 of the…more

Antitrust Division, Antitrust Provisions, Enforcement Priorities, Federal Trade Commission (FTC), FTC Act

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Joshua Chu

The Global Effort to Address Clean Energy Technology End-of-Life Challenges

On March 18, 2022, the U.S. Department of Energy (DOE), Solar Energy Technologies Office (SETO) released its Photovoltaics End-of-Life Action Plan. SETO’s Plan recognizes the current reality for solar PV panels that have reached…more

Clean Energy, Decommissioned Facilities, Department of Energy (DOE), Energy Policy, Environmental Policies

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Caroline Churchill

New Cyber Security Rules for US Technology Companies Operating in the EU

The EU is in the course of passing a range of new cyber security legislation which will apply to US businesses who provide services in the EU. One part of that legislative programme is the new Network and Information Security…more

Board of Directors, Cloud Service Providers (CSPs), Critical Infrastructure Sectors, Cybersecurity, Data Centers

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Louisa Clark

Move Over Cannabis, the Movement to Legalize Psychedelic Mushrooms Is Ready to Share the Spotlight

For more than 20 years, the movement to decriminalize and/or legalize cannabis has gained momentum and support across the U.S., resulting in substantial legal reform at the state level that continues today. In recent years, a…more

Cannabis Products, Clinical Trials, Controlled Substances, Local Ordinance, Mental Health

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Michael Clark

For Whom the Bell Tolls? The Impact of Wisconsin Bell v. United States ex rel. Todd Heath and United States v. Regeneron Pharmaceuticals Inc. on False Claims Act Litigation

The Supreme Court’s decision in Wisconsin Bell v. United States ex rel. Todd Heath clarifies what constitutes a “claim” under the federal False Claims Act (FCA)…more

Anti-Kickback Statute, Article II, Constitutional Challenges, Corporate Counsel, Department of Justice (DOJ)

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Theodore Claypoole

Colorado Passes Consumer Protection Law Regulating AI

While some states have existing laws governing certain aspects of the use of AI, on May 17, Colorado became the first state to enact comprehensive artificial intelligence (AI) legislation. Senate Bill 24-205, “Concerning…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Compliance, Consumer Protection Laws

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Amy Clayton

South Carolina’s Alphabet Soup Part II: ATIs and FILOTs after South Carolina’s Tax Code Amendments

Our previous Client Alert discussed assessable transfers of interest or “ATIs” and Fee in Lieu of Tax “FILOT” Agreements in the aftermath of significant amendments to South Carolina’s Tax Code in 2022. As discussed previously,…more

Agricultural Land, Exemptions, Land Transfer Taxes, Property Tax, Realty Transfer Taxes

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Sharon Clayton

Use of Modifier 25 - 2017 Medicare Physician Fee Schedule Proposed Rule

The Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) have reviewed the use of Modifier 25 to unbundle payments for evaluation and management (E/M) services when a procedure is performed…more

Billing, Centers for Medicare & Medicaid Services (CMS), Coding, Health Care Providers, Medicare

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Gerard Clodomir

The FTC’s Continued Attack on Noncompete Agreements (Industry Today)

The trend in recent years has undeniably been against the broad use and enforcement of employee noncompete agreements. The number of states that have implemented or proposed legislation restricting employers’ ability to use such…more

Employment Contract, Enforcement Priorities, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Andrew Coburn

New DoD Pilot Program Could Boost Opportunities for Employee-Owned Businesses

On May 30, 2024, the Department of Defense (“DoD”) published a Proposed Rule to establish a Pilot Program to Incentivize Contracting with Employee-Owned Businesses. The Proposed Rule would benefit contractors that are owned…more

Department of Defense (DOD), DFARS, Employee-Ownership, ESOP, Federal Contractors

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Richard Cockburn

WBD Energy Survey and the Innovation Interchange: The Energy Transition for Non-Energy Companies

Energy is the cornerstone of our society and its availability, or lack thereof, touches every corner of our lives and impacts every business, regardless of sector. The availability of affordable energy on-demand is essential to…more

Clean Energy, Climate Change, Construction Industry, Critical Infrastructure Sectors, Electric Vehicles

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Lori Cohen

New Year, New Fee Schedule for Trademarks at the USPTO - Big Changes to Application Fees

Our colleagues previously reported on the United States Patent and Trademark Office’s (USPTO) patent fee schedule for 2025, and we now take this opportunity to provide you with our insights on the USPTO trademark fee schedule…more

Corporate Counsel, Filing Fees, Trademark Application, Trademark Electronic Application System (TEAS), Trademarks

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Jennifer Collins

Trial and Error: The Future of Remote Litigation

Highlights - Courthouses are here to stay but virtual options may stay for pre-trial proceedings. - Remote trials raise some concerns, including due process claims. - Courts will continue to use technology to relieve the…more

Coronavirus/COVID-19, Discovery, Litigation Strategies, Popular, Remote Depositions

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Hillary Colonna

Key Components of DOL Fiduciary Rule Delayed Through 2019

On January 2, 2018, the U.S. Department of Labor postponed key provisions of its Fiduciary Rule for the next 18 months. The Fiduciary Rule was generally intended to expand the definition of who is considered a fiduciary,…more

Best Interest Contract Exemptions, Department of Labor (DOL), Fiduciary Rule, Investment Adviser, Principal Transaction Exemption

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Todd Conley

New Life for Nuclear Power: License Extensions and Recommissioning

This is the seventh article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled “Going Nuclear: A Sustainable Solution to Rising Energy Demand.” The series will explore the changing landscape…more

Clean Energy, Department of Energy (DOE), Energy Policy, Energy Projects, Executive Orders

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James Connelly

[Webinar] U.S. Anti-Corruption Enforcement in Latin America - November 19th, 12:00 pm - 1:15 pm ET

Latin America has been the focus of considerable attention by the DOJ. Despite strong ties based on trade, shared values and democratic traditions, Latin America is being tested with new and precarious challenges from aggressive…more

Anti-Corruption, Biden Administration, Department of Justice (DOJ), Enforcement, FEPA

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Tyler Connor

…But Wait, There’s More!

With 2025 right around the corner, eight additional U.S. state privacy laws will go into effect, joining California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia..…more

Amended Legislation, Consumer Privacy Rights, New Legislation, Personal Data, Sensitive Personal Information

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David Contreiras Tyler

Prospects for Latin American Finance Under a Second Trump Administration

Latin American economies are uniquely positioned due to their geographical proximity to the United States, extensive economic integration, significant immigration patterns and potential for growth. The U.S. serves as the…more

Banking Sector, Bond Markets, Environmental Social & Governance (ESG), Equity Markets, Exports

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John Cooke

New Year Resolutions Triggered by Senate Bill 382

After the North Carolina General Assembly overrode Governor Cooper’s veto of Senate Bill 382, which became Session Law 2024-57 (the “New Law”), we published a client alert describing the state-wide effect of the New Law…more

Administrative Authority, Community Development, Congressional Override, Governor Vetoes, Land Developers

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James Cooney, III

The Benefits, Concerns and Considerations of Remote Depositions and Mediations in the COVID-19 Climate

Remote depositions and mediations have been taking place for more than 20 years. As videoconferencing tools have improved (think Webex, Zoom, etc.), business litigators and their client have become increasingly comfortable…more

Coronavirus/COVID-19, Court Schedules, Depositions, Litigation Strategies, Remote Working

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Susan Cooper

EPA Publishes Direct Final Rule on New ASTM Standard for Phase I All Appropriate Inquiries

On December 15, 2022, the EPA published a Final Rule to amend EPA’s All Appropriate Inquiries Rule to allow the use of the revised American Society for Testing and Materials (ASTM) E1527-21 Standard Practice for Environmental…more

AAI, ASTM, CERCLA, Environmental Protection Agency (EPA), Environmental Site Assessment

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Megan Corry

FCC Tightens Lead Generator TCPA Consent Requirements, Adopts Texting Do-Not-Call and “Red Flag” Text Blocking Rules, and Seeks Comment on Additional Texting Measures

On December 18, 2023 the FCC released a Second Report and Order, Second Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order, which it considered and adopted at its December Open Meeting, furthering what it…more

Call Blocking, Comment Period, Do Not Call List, Email, Enforcement Authority

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Jennifer Cory

What Is President Biden’s Affirmative Relief Announcement?

On June 18, 2024, President Biden announced new pathways to legal immigration status for two groups: college-educated “Dreamers” and certain American family units…more

Biden Administration, DACA, Green Cards, Immigration Procedures, Non-Immigrant Visas

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Katherine Costella

Recap of 2024 Arizona Tax Developments: No More City Sales Tax on Residential Rentals!

Beginning January 1, 2025, Arizona lessors will no longer be required to collect and remit city Transaction Privilege Tax (TPT) on residential rentals. Senate Bill 1131, Chapter 204, Laws 2023 amended Ariz. Rev. Stat. Ann. §…more

Landlords, New Legislation, Property Owners, Property Tax, Rental Property

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Jonathan Cote

The Major Shift into Minority Investments

The venture capital markets are experiencing a prolonged expansion in both the number and type of investors willing to make minority (non-controlling) investments. This heightened competition for investment opportunities and the…more

Due Diligence, Investors, Minority Equity Investments, Portfolio Companies, Private Equity

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Cristin Cowles Ph.D.

Supreme Court Focuses Scope of Patent Enablement - What Patent Owners Need to Know

A closely watched and hotly debated life sciences patent dispute saw the U.S. Supreme Court affirm a narrow interpretation of patent enablement when filing for patent protection…more

Amgen, Biotechnology, Corporate Counsel, Enablement Inquiries, Life Sciences

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William Curtis

Handle with Care: FCPA Travel & Hospitality Expenses

Two recent Foreign Corrupt Practices Act (FCPA) actions – a Department of Justice (DOJ) Opinion letter and an SEC settlement – underscore key diligence questions that legal and compliance departments should address when…more

Civil Monetary Penalty, Compliance, Corporate Counsel, Department of Justice (DOJ), Disgorgement

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Sarah Daun

Data bridge over the Atlantic

On September 21, 2023, the UK Secretary of State for Science, Innovation and Technology laid before Parliament regulations that will operate to significantly simplify the process for UK businesses to transfer personal data to…more

EU, General Data Protection Regulation (GDPR), International Data Transfers, Privacy Framework, Privacy Laws

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Joshua Davis

How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing…more

Imports, Intellectual Property Litigation, Intellectual Property Protection, International Trade Commission (ITC), Misappropriation

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Kevin Davis Ph.D.

How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing…more

Imports, Intellectual Property Litigation, Intellectual Property Protection, International Trade Commission (ITC), Misappropriation

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William Dawson III

South Carolina’s Alphabet Soup: ATIs and FILOTs after South Carolina’s Tax Code Amendments

When South Carolina properties are sold directly, or indirectly via the sale of equity in the property-owning entity, the sale typically qualifies as an assessable transfer of interest or an “ATI.” An ATI allows County tax…more

Commercial Property Owners, Exemptions, Filing Deadlines, Property Tax, Real Estate Transactions

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Alexandre De Gramont

International Arbitration: What You Need to Know for 2025

As 2025 gets underway, Womble Bond Dickinson has been taking stock of the major international arbitration developments from last year that are likely to affect our clients with international business. In 2024, we saw…more

Arbitration Agreements, Corporate Counsel, Dispute Resolution, Energy Charter Treaty, Energy Policy

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Bradford De Vore

New N.C. Regulatory Proposal Puts Burden of PFAS Clean-Up Costs on Polluters, Not Ratepayers

PFAS contamination in drinking water is under increasing regulatory scrutiny, not only from the EPA and other federal agencies, but state regulatory bodies across the country. The latest development comes from North Carolina,…more

Contamination, Department of Environmental Quality, Drinking Water, Environmental Liability, Governor Cooper

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Kean DeCarlo

Inventor Assignments – Problems on the Horizon

Two weeks ago, the Supreme Court heard oral argument in Minerva Surgical Inc. v. Hologic, Inc. over the rather arcane issue of assignor estoppel. Stop - I can figuratively feel your eyes rolling after reading the phase…more

Assignment of Inventions, Assignor Estoppel, Employee Inventors, Inventors, Patent Assignment and Transfer Agreement (PATA)

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M. Rhett DeHart

Supreme Court Resolves Circuit Split and Finds Federal Gratuities Inapplicable to State and Local Officials

On June 26, 2024, the U.S. Supreme Court issued an opinion in a public corruption case that could have a lasting impact on how the U.S. Government prosecutes corruption and procurement fraud cases involving state and local…more

Bribery, Compliance, Corruption, Criminal Convictions, Criminal Prosecution

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Pat Derdenger

Recap of 2024 Arizona Tax Developments: No More City Sales Tax on Residential Rentals!

Beginning January 1, 2025, Arizona lessors will no longer be required to collect and remit city Transaction Privilege Tax (TPT) on residential rentals. Senate Bill 1131, Chapter 204, Laws 2023 amended Ariz. Rev. Stat. Ann. §…more

Landlords, New Legislation, Property Owners, Property Tax, Rental Property

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Donald Detweiler

Update on Silicon Valley Bank Failure and Recent Actions Taken by the Federal Government to Strengthen Confidence in the U.S. Banking System

On Sunday, March 12, 2023, the Department of Treasury, Federal Reserve and FDIC issued a joint statement confirming that they were taking decisive action to protect the U.S. economy by strengthening public confidence in our…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

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Scott DeWald

Court Ruling Reinstates Corporate Transparency Act Enforcement; Filing Deadlines Now Set

On February 18, 2025, the nationwide injunction against enforcing the Corporate Transparency Act (CTA) was “stayed” by Eastern District Court Judge Jeremy Kernodle (citing the Supreme Court’s ruling in Texas Top Cop Shop), and…more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, Filing Deadlines, FinCEN

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Eleni Diamantopoulou

Powering The Future: The UK's Nuclear Revolution

This is the eighth article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled “Going Nuclear: A Sustainable Solution to Rising Energy Demand.” The series will explore the changing landscape of…more

Artificial Intelligence, Clean Energy, Clean Power Plan, Economic Development, Energy Policy

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Ian Dickinson

Supreme Court Overrules Chevron in Far-Reaching Decision Limiting the Power of Administrative Agencies

On June 28, 2024, the Supreme Court issued its eagerly anticipated rulings in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce and explicitly overruled the doctrine of “Chevron deference,”…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Andrew Dixon

Corporate Transparency Act Compliance Still on Hold, For Now

On January 23, the U.S. Supreme Court lifted a nationwide preliminary injunction on the enforcement of the Corporate Transparency Act (the CTA), a law requiring millions of business entities to report information about their…more

Anti-Money Laundering, Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Sam Dixon

CTA UPDATE: No Action Needed Yet - Mandatory CTA Filings are “OFF” For Now

On December 26, 2024, the Court of Appeals for the Fifth Circuit VACATED a ruling early this week to stay the nationwide injunction enjoining the U.S. government from enforcing the Corporate Transparency Act (the “CTA”) and the…more

Appeals, Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act

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Emma Donachie

[Webinar] Decommissioning And End-Of-Life Considerations For Solar And Wind Projects - December 6th, 9:00 am PT

First-generation solar and wind projects are quickly reaching the end of their useful lives. At the same time, an unprecedented number of new renewable-energy projects will be installed in the coming years. During this…more

Decommissioned Facilities, Energy Projects, Energy Sector, Land Developers, Land Owners

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James Dority

Federal Circuit Clarifies Claim Construction at the Pleading Stage

Many lower courts have interpreted the Federal Circuit’s Nalco decision to hold that claim construction is inappropriate at the motion to dismiss stage. But the Federal Circuit’s recent UTTO decision clarified that claim…more

Appeals, Claim Construction, Intellectual Property Litigation, Intellectual Property Protection, Motion to Dismiss

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Thomas Dougherty

The Third Time’s A Charm: Colorado Adds Nuclear Energy as a Clean Energy Resource

After considering similar legislation in two prior sessions, the Colorado General Assembly passed, and Gov. Jared Polis signed into law, House Bill 25-1040 which explicitly adds nuclear energy to the state’s statutory…more

Carbon Emissions, Clean Energy, Climate Change, Energy Policy, Energy Projects

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Christina Upton Douglas

Should Mass Torts Plaintiffs’ Lawyers Be Allowed to Use PPP Money to Increase Their TV Advertising Spend?

Plaintiffs’ lawyers spent $67M between January and May on mass tort TV advertising, a 6.6% increase from the same time last year. As many of us work from home, learn from home, or are otherwise stuck at home due to the pandemic,…more

Advertising, CARES Act, Coronavirus/COVID-19, Federal Trade Commission (FTC), Food and Drug Administration (FDA)

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Michael Dow

Green Finance Is Infrastructure: The $100 Billion Opportunity for Green Banks

Last month, Womble Bond Dickinson launched “Doing Well by Doing Good,” a thought leadership series focused on ways in which environmental and social governance impact business. The following article summarizes “Green Finance is…more

Capital Markets, Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Financial Services Industry

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Malcolm Dowden

Brexit: A pre-Christmas election?

On 22 October the government secured a majority of 30 to approve in principle the Withdrawal Agreement Bill (WAB). However, snatching defeat from the jaws of victory, the government's programme motion to push the Bill through…more

Cross-Border Transactions, General Elections, Member State, No-Deal Brexit, UK

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Christine Dupriest

[Event] Mastering Innovation Through Intellectual Property: Strategies for Every Sector - May 7th, Denver, CO

Join IP Partners Preston Heard, Barry Herman, and Christy Dupriest in Denver on Tuesday, May 7th at 4:30pm (MDT) for drinks and discussion on effective IP strategies. In a social and casual setting, learn how to safeguard your…more

Continuing Legal Education, Energy Sector, Events, Health Care Providers, Innovation

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Vicky Dyster

Striking the Balance: Permitting Reforms for Mining & the Energy Transition

In an era marked by the transition to greener energy sources, there is an intricate dance between achieving net-zero emissions and the critical role mining plays in this endeavor. This compilation of articles titled “Striking…more

Climate Change, Consultation, EU, Greenhouse Gas Emissions, Minerals

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Amy Eames

GDPR Compliance Task Force - One Month to Go

The EU’s General Data Protection Regulation goes into effect on May 25, 2018. GDPR replaces the EU Data Protection Directive. GDPR can apply to US-based businesses even if they do not have offices or employees in the EU. It can…more

Breach Notification Rule, Cybersecurity, Data Processors, Data Protection, Data Protection Officers (DPOs)

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Arthur Ebbs

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the County’s…more

Adverse Possession, Appeals, Damages, Drainage, Easements

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L. Neill Edwards

South Carolina’s Alphabet Soup Part II: ATIs and FILOTs after South Carolina’s Tax Code Amendments

Our previous Client Alert discussed assessable transfers of interest or “ATIs” and Fee in Lieu of Tax “FILOT” Agreements in the aftermath of significant amendments to South Carolina’s Tax Code in 2022. As discussed previously,…more

Agricultural Land, Exemptions, Land Transfer Taxes, Property Tax, Realty Transfer Taxes

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David Efird

The Vineyard Wind Supplemental EIS – A Strongly Positive Signal for the Growth of US Offshore Wind Industry and Supply Chain

The August 9, 2019 decision to require a supplemental environmental impact statement (EIS) for the Vineyard Wind Project sent shock waves through the nascent US offshore wind industry. The initial EIS had been scoped years…more

BOEM, Energy Policy, Energy Projects, Energy Sector, Offshore Wind

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Ryan Ellard

First Class Action Filed Under Washington’s MY Health MY Data Act Draws Parallels to Previous SDK Litigation

On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261…more

Amazon, Class Action, Consent, Consumer Privacy Rights, Consumer Protection Laws

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Morris Ellison

E-Commerce’s Impact on Small Business in the Age of COVID-19

Since March 2020, the COVID-19 pandemic has impacted virtually all aspects of our daily lives. Zoom meetings have replaced conference room gatherings. Kids attend classes from kitchen tables. Family movie nights are likely to…more

Brick-and-Mortar Stores, Commercial Real Estate Market, Coronavirus/COVID-19, E-Commerce, Economic Downturn

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Angela Ennis

Trade Update: Navigating Trump Administration Tariffs - Reciprocal Tariffs and Further Developments

Since early 2025, the Trump administration has imposed a series of broad sector- and country-specific tariffs. These measures were significantly expanded on April 2, 2025, with the announcement of a global tariff regime grounded…more

Canada, China, Exports, Imports, International Emergency Economic Powers Act (IEEPA)

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Alan Enslen

Trade Update: Navigating Trump Administration Tariffs - Reciprocal Tariffs and Further Developments

Since early 2025, the Trump administration has imposed a series of broad sector- and country-specific tariffs. These measures were significantly expanded on April 2, 2025, with the announcement of a global tariff regime grounded…more

Canada, China, Exports, Imports, International Emergency Economic Powers Act (IEEPA)

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Jennifer Erickson Ammirati

SEC Marketing Rule: Fintech Enforcement Actions

This alert highlights recent artificial intelligence (AI)-related enforcement actions that the Securities and Exchange Commission (SEC) has brought against investment advisers under the SEC's "Marketing Rule." The enforcement…more

Algorithms, Artificial Intelligence, Enforcement Actions, FinTech, Fund Managers

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Michelle Essen

How to Navigate Pitfalls in Major Projects

Delivering major construction projects has always been challenging. The current global climate will necessitate more of these projects, while at the same time making their delivery more difficult. Understanding and mitigating…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Managers, Construction Project

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B. Chad Ewing

CARES Act Amends Furnishers’ Duties Under FCRA

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, amends the duties of a furnisher of information under the Fair Credit Reporting Act (FCRA) in light of the COVID-19 pandemic…more

CARES Act, Coronavirus/COVID-19, Credit Reports, Fair Credit Reporting Act (FCRA), Financial Services Industry

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Kelsey Ewing

European Patent Holders Should Address Opt-Out Question Before Unified Patent Court Begins Operations

Should I stay or should I go? This is the question current owners of European patents and applicants for pending applications are asking as the European Patent with Unitary Effect (“Unitary Patent”) and Unified Patent Court…more

Corporate Counsel, EU, European Patent Office, Intellectual Property Protection, Member State

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Taylor Ey

New Click-to-Cancel Requirements… Welcome/Not Welcome?

The Federal Trade Commission (FTC) announced its long-awaited final Negative Option Rule (the “Rule”) on October 16, 2024. “Negative Options” according to the FTC are arrangements “under which the consumer’s silence or failure…more

Amended Rules, Automatic Renewals, Cancellation Rights, Consumer Contracts, Federal Trade Commission (FTC)

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Russ Ferguson

The Importance of Understanding Force Majeure Clauses in Contracts Amid Recent Disasters

In recent years, natural disasters have become increasingly frequent and severe, disrupting industries and communities worldwide. Events such as Hurricane Helene and the extreme weather conditions experienced in Western North…more

Acquisitions, Business Interruption, Business Losses, Contract Negotiations, Contract Terms

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Victoria Ferguson

Weathering the Storm: Contract Strategies for Supply Chain Resilience in the UK and US

In the post-Covid era, we are all familiar with the concept of supply chain disruption. International supply chains have been impacted by war in Ukraine, geopolitical tensions, extreme weather events and climate change. They are…more

Business Interruption, Corporate Counsel, Distributors, Force Majeure Clause, Manufacturers

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Hayes Jernigan Finley

North Carolina Develops Action Strategy for PFAS Regulation

Last week, we informed you about new federal efforts to measure and reduce PFAS contamination levels in drinking water. But there also are significant efforts to increase PFAS regulatory requirements at the state level,…more

Contamination, Department of Environmental Quality, Drinking Water, Hazardous Substances, PFAS

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Rebecca Fleishman

How “Accessible” is Your Website? Resolve to Prioritize Digital Accessibility in the New Year and Avoid a Lawsuit

What user experience does a visually impaired person have when visiting your website? Is your website designed with barriers for people with disabilities? These are among the important questions to ask to ensure that all…more

Americans with Disabilities Act (ADA), Audits, Biden Administration, Disability Discrimination, Enforcement Priorities

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Jonathon Fligg

FDA Sets Action Levels For Lead

A year ago, the FDA issued draft guidance for lead levels in baby foods. In the year since the FDA issued its draft guidance for lead levels in baby food, two states, California and Maryland, have adopted laws which require baby…more

Baby Products, Compliance, Consumer Protection Laws, Final Rules, Food and Drug Administration (FDA)

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Paul Fogleman

The Race to Renew: North Carolina Addresses Recording Requirements for Binding Lease Renewal Options

A recent North Carolina Court of Appeals decisions underscores the importance of properly recording lease terms and renewal options. North Carolina’s Connor Act (codified as N.C. Gen. Stat. § 47-18) provides that North…more

Commercial Leases, Commercial Property Owners, Contract Terms, Leases, Real Estate Transactions

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Joseph Foltz

Lease Words You Never Minded: Usufructs vs. Estates for Years

In 1982, one of our authors published an article discussing the distinction between the usufruct and estate for years in the February edition of the Georgia State Bar Journal. Since that time, there has been little attention…more

Ad Valorem Tax, Commercial Leases, Commercial Tenants

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Newton Fowler, III

The ReSET – The Racial Wealth Divide in Baltimore

The Center for Enterprise Development, with support from JP Morgan Chase, published a study on the racial wealth divide in Baltimore. Baltimore is hardly alone in struggling with the challenges of wealth inequality which,…more

Economic Development, Government Studies, Minorities, Wealth Management

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Jamile Francis, III

Five Good Tips (and One Great One) For Hiring an Alternative Legal Service Provider

Like every other industry, the “Everything from Everywhere” marketplace and digital economy is changing how the legal industry works. Chief among these changes is the growth of the Alternative Legal Service Provider. In a recent…more

Alternate Legal Service Providers (ALSPs), Client Services, Law Practice Management, Legal Project Management, Strategic Planning

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Mason Freeman

New York Attorney General Sues JBS for its Climate Claims

New York State Attorney General Letitia James has filed a lawsuit against beef producer JBS in state court. The allegations center around JBS’s allegedly misleading marketing claims related to its commitment to reduce climate…more

Advertising, Agricultural Sector, Climate Change, Environmental Social & Governance (ESG), False Advertising

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Louis Froelich

Crypto Regulatory Roundup - Q1 2025

Since President Trump’s inauguration, the crypto industry has been on a tear. And no, this time, we’re not just talking about the price of Bitcoin. In the past two months, Washington D.C. has taken a deliberate interest in the…more

Banking Sector, Banks, CFTC, Cryptocurrency, Digital Assets

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Joshua Funderburke

Government Contractors Should Prepare for Executive Order 14222, “Implementing the President’s ‘Department of Government Efficiency’ Cost Efficiency Initiative,” Directing Agency Heads to Terminate or Modify Existing Government Contracts and Grants

On February 26, 2025, President Trump issued Executive Order 14222, Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative (Feb. 26, 2025) (“EO 14222”)…more

Contract Modification, Contract Termination, Department of Government Efficiency (DOGE), Executive Orders, Federal Contractors

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John Gambaccini

DOJ Unveils New M&A Safe Harbor Policy & Signals Resource Surge

Over the last two years, the Department of Justice (DOJ) has announced numerous policy changes on corporate criminal enforcement policies, which were largely based on a self-described “carrot and sticks” approach (“a mix of…more

Acquisitions, Antitrust Division, Compliance, Cooperation, Corporate Crimes

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John Garziglia

Update: Further Extensions Granted to FCC Filing Deadlines

Yesterday, we advised that the Federal Communications Commission had extended the deadline for uploading Issues/Programs Lists to stations’ online public files to January 30, 2019…more

Broadcasting, FCC, Filing Deadlines, Public Notice, Reporting Requirements

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Damian Georgino

Navigating Water Challenges in Data Center Development: Insights from Womble Bond Dickinson Partner Damian Georgino

Damian Georgino discusses the critical role of water in data center development and the challenges of managing this vital resource. He highlights the intricate relationship between water and energy and offers strategies for…more

Clean Energy, Climate Change, Data Centers, Energy Sector, Environmental Policies

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Julie Giardina

Design Patent Obviousness

The landscape of design patent law has recently evolved with the introduction of a new standard for determining obviousness. For decades, the Rosen-Durling test was used to assess obviousness of design patents…more

Design Patent, General Motors, Graham Factors, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding

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Jenny Gibbs

Can Artificial Intelligence assist with cybersecurity management?

AI has great capability to both harm and to protect in a cybersecurity context. As with the development of any new technology, the benefits provided through correct and successful use of AI are inevitably coupled with the need…more

Artificial Intelligence, Cybersecurity, Data Security, EU, General Data Protection Regulation (GDPR)

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Ryan Gillcrist

Litigation Regarding Refer-a-Friend Programs Under Long-Standing Washington Commercial Texting Prohibition on the Rise

Washington state’s Consumer Electronic Mail Act (“CEMA”), a statute enacted back in 2003 prohibits companies conducting business in Washington state from sending or providing “substantial assistance or support” in the…more

Capital One, Class Action, Client Referrals, Enforcement Actions, Financial Services Industry

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Peter Given

GDPR Compliance Task Force - One Month to Go

The EU’s General Data Protection Regulation goes into effect on May 25, 2018. GDPR replaces the EU Data Protection Directive. GDPR can apply to US-based businesses even if they do not have offices or employees in the EU. It can…more

Breach Notification Rule, Cybersecurity, Data Processors, Data Protection, Data Protection Officers (DPOs)

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Jeff Golimowski

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate…more

Commercial Real Estate Contracts, Construction Contracts, Contract Terms, Data Centers, Environmental Social & Governance (ESG)

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Tara Gorman

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate…more

Commercial Real Estate Contracts, Construction Contracts, Contract Terms, Data Centers, Environmental Social & Governance (ESG)

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Salma Granich

The Importance of Retaining a Grandfathered Gaming Location in Nevada

We have all heard the phrase location, location, location. In the context of gaming in Nevada, grandfathered locations refer to casinos or gaming establishments that have been allowed to continue operations under previous laws…more

Casinos, Gaming, Grandfathered Status, Legislative Agendas, Nevada

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John Gray

More States Ban Foreign AI Tools on Government Devices

Alabama and Oklahoma have become the latest states to ban from state-owned devices and networks certain AI tools with links to foreign governments…more

Artificial Intelligence, China, Cybersecurity, Data Collection, Data Security

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Edward Griggs

Transfer Taxes and the Tax Act: An Overview and Three Possible Responses

Individuals and businesses continue to evaluate the Tax Cuts and Jobs Act of 2017 (the “Tax Act” or “Act”) and, in particular, the specific effects on personal and business tax planning. Our clients are asking us daily how they…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption

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Daniel Grigore

What in the [Meta]World?: Abitron Creates More Questions than Answers

At a glance, a unanimous Supreme Court, holding that two provisions of the trademark-governing Lanham Act (15 U.S.C. §§ 1114(1)(a) and 1125(a)(1)) do not apply extraterritorially and extend only to alleged infringement in…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Intellectual Property Litigation, International Trade, International Trademark Protection

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Philip Gura

The Churl Nextdoor

What gets us into trouble is not what we don’t know. It’s what we know for sure that just ain’t so. (Attributed (probably wrongly) to Mark Twain) - A funny thing happened to me on the way to this blog: I learned that what I…more

Communications Decency Act, Section 230, Social Media, User-Generated Content, Website Owner Liability

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Ana Maria Gutiérrez

The SEC Effectively Ends Climate Disclosure Requirements Under Trump Administration

On Thursday, March 27, 2025, the U.S. Securities and Exchange Commission announced via letter to the U.S. Court of Appeals for the Eighth Circuit that SEC attorneys would no longer defend its climate change disclosure rules…more

Climate Change, Corporate Governance, Disclosure Requirements, Financial Services Industry, Publicly-Traded Companies

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Christopher Gyves

Remote Shareholders’ Meetings Authorized and Encouraged for North Carolina Corporations in COVID-19 Environment

On April 1, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 125, which permits and encourages corporations incorporated in North Carolina to conduct all or any part of a shareholders’ meeting solely by means…more

Coronavirus/COVID-19, Corporate Governance, Executive Orders, Governor Cooper, Publicly-Traded Companies

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John Hagner

10 Key Considerations for Commercial Real Estate Loan Restructurings: A Primer

The tragic and widespread effects of COVID-19 continue to unfold on a daily basis. The pandemic’s impact from both a public health and economic perspective has been literally unfathomable. For commercial real estate owners, no…more

CMBS, Commercial Bankruptcy, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants

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Christopher Hall

Strategies to Argue Patentable Subject Matter per USPTO Eligibility Memo

It is time to take a deeper look and derive or strengthen some strategies to argue for patentable subject matter eligibility during patent prosecution, now that the first round articles on the USPTO Memorandum April 19, 2018,…more

Claim Construction, CLS Bank v Alice Corp, Guidance Update, Litigation Strategies, Mayo v. Prometheus

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Kevin Hall

Addressing Government Subpoenas

Subpoenas from the government can often be viewed as unwelcome intrusions into the business of a passive custodian and its accountholders. With a few fundamentals in place, though, custodians can use subpoenas as an opportunity…more

Corporate Counsel, Custodians, Document Productions, Government Investigations, Recordkeeping Requirements

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Erica Halstead

Prove It or Lose It: How USPTO’s Audit Program Inspired Canada’s Trademark Oversight

If you own a U.S. trademark registration, you have likely encountered (or will encounter) an audit by the US Patent and Trademark Office (USPTO). The audit program, launched by the USPTO in November 2017, was enacted as a tool…more

Audits, Canada, Canadian Intellectual Property Office (CIPO), Enforcement Actions, Federal Trademark Register

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Debbie Harden

Remote Shareholders’ Meetings Authorized and Encouraged for North Carolina Corporations in COVID-19 Environment

On April 1, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 125, which permits and encourages corporations incorporated in North Carolina to conduct all or any part of a shareholders’ meeting solely by means…more

Coronavirus/COVID-19, Corporate Governance, Executive Orders, Governor Cooper, Publicly-Traded Companies

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Cherylyn Harley LeBon

WOSB Program Alert

On May 30, 2024, the U.S. Small Business Administration (SBA) Administrator issued a program update to firms participating in the Women Owned Small Business Federal Contract Program (WOSB Program)…more

Certification Requirements, EDWOSB, Federal Contractors, SBA, Small Business

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Stephen Hart

The Seminole Tribe of Florida wins in West Flagler Associates v. Haaland

After three long years, the Seminole Tribe of Florida, a leader in the fight for Tribal gaming rights, appears to have just won its latest battle – this one over a Tribe’s ability to offer mobile sports betting throughout the…more

Department of the Interior, Equal Protection, Gaming, Indian Gaming, Indian Gaming Regulation Act

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John Hawk IV

FCRA filings rose sharply over past decade

Lex Machina released its first “Consumer Protection Litigation Report” on October 23, 2019, and it confirms what we already know: FCRA cases increased dramatically over the past decade…more

Annual Filings, Credit Reporting Agencies, Debt Collection, Fair Credit Reporting Act (FCRA)

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Sonny Haynes

Be Reasonable: Qualified Immunity, After-Discovered Facts, and the Case of Hernandez v. Mesa

In some form or fashion, law students learn that the words “reasonable man” denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the protection…more

Abuse of Power, Border Security, Excessive Force, Fifth Amendment, Fourth Amendment

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Lorraine Heard

Mind the gap across the Atlantic – the gender pay gap in the UK and the US

Lorraine Heard, legal director at Womble Bond Dickinson (UK) LLP, sets out the background to the new legal requirement that obliges large UK employers to report their gender pay gaps. Theresa Sprain, partner at Womble Bond…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender Discrimination, Gender Equity

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Preston Heard

USPTO Implements Bifurcated Review Process for PTAB Petitions Under New Policy

USPTO Acting Director Coke Morgan Stewart announced that she will personally decide whether to deny each petition challenging a patent on discretionary grounds before the Patent Trial and Appeal Board evaluates the merits…more

America Invents Act, Appeals, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, New Guidance

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Grace Hearn

The SEC Effectively Ends Climate Disclosure Requirements Under Trump Administration

On Thursday, March 27, 2025, the U.S. Securities and Exchange Commission announced via letter to the U.S. Court of Appeals for the Eighth Circuit that SEC attorneys would no longer defend its climate change disclosure rules…more

Climate Change, Corporate Governance, Disclosure Requirements, Financial Services Industry, Publicly-Traded Companies

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Mark Henriques

AI for the Legal Industry is "Real"

Legal Week (formerly LegalTech) had over 6,000 attendees last week, with virtually all the vendors either promoting AI Tech or using AI to enhance existing services…more

Algorithms, Artificial Intelligence, Document Review, e-Discovery, Innovation

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Barry Herman

How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing…more

Imports, Intellectual Property Litigation, Intellectual Property Protection, International Trade Commission (ITC), Misappropriation

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Howard Herndon

Bridging the Gap: Applying Anti-Money Laundering Techniques and AI to Combat Tariff Evasion

In today's global economy, characterized by complex supply chains and escalating trade tensions, tariff evasion has emerged as a significant threat to economic stability, fair competition, and government revenue. Traditional…more

Anti-Money Laundering, Artificial Intelligence, Customs, Enforcement, Evasion

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Matthew Hickman

SEC v. Jarkesy: How Impactful Is It Really on the SEC’s Enforcement Program?

In SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment requires the U.S. Securities and Exchange Commission (“SEC” or “the Commission”) to litigate in federal district court when seeking civil monetary penalties…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges

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Jack Hicks

Federal Trade Commission Strikes Against “Crafted in America” Language

As previously reported by Home Textiles Today, the Federal Trade Commission (FTC) has announced a “record civil penalty” of $3.175 million against a retailer who failed to tell the truth about whether the products it sells were…more

Advertising, Civil Monetary Penalty, Compliance, Country of Origin, Customs and Border Protection

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Jason Hicks

Deregulation: Uncertainty and Opportunity

The Trump administration has recently issued a series of Executive Orders on “deregulation,” directing federal agencies to review, rescind, and modify existing federal regulations. This regulatory overhaul presents both…more

Administrative Procedure Act, Chevron Deference, Executive Orders, Loper Bright Enterprises v Raimondo, Non-Delegation Doctrine

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Alexander Hill

Corporate Transparency Act Compliance Still on Hold, For Now

On January 23, the U.S. Supreme Court lifted a nationwide preliminary injunction on the enforcement of the Corporate Transparency Act (the CTA), a law requiring millions of business entities to report information about their…more

Anti-Money Laundering, Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Keith Hinder Jr.

[Event] Best Practices for Lease Reviews and Negotiations – Items to Consider Before Your Company Signs That Lease - July 26th, Baltimore, MD

This event is only open to in-house counsel. Join ACC Baltimore and Womble Bond Dickinson for a luncheon presentation focusing on commercial office lease provisions/clauses that require close attention to limit restrictions and…more

Best Practices, Commercial Contracts, Commercial Leases, Contract Negotiations, Corporate Counsel

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Cathy Hinger

“Carrots & Sticks”: Individual Accountability in Corporate Criminal Enforcement Remains a Top DOJ Priority

On March 3, 2022, at the 37th Annual American Bar Association Criminal Justice Section National Institute on White Collar Crime in San Francisco, Attorney General Merrick B. Garland emphasized that “the prosecution of corporate…more

Antitrust Violations, CARES Act, Centers for Medicare & Medicaid Services (CMS), CFTC, Compliance

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Dietrich Hoefner

The Third Time’s A Charm: Colorado Adds Nuclear Energy as a Clean Energy Resource

After considering similar legislation in two prior sessions, the Colorado General Assembly passed, and Gov. Jared Polis signed into law, House Bill 25-1040 which explicitly adds nuclear energy to the state’s statutory…more

Carbon Emissions, Clean Energy, Climate Change, Energy Policy, Energy Projects

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Matthew Homan

Private Equity Transactions Face Increased Antitrust Scrutiny

Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers,…more

Acquisitions, Antitrust Division, Antitrust Provisions, Biden Administration, Competition

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Greg Horton

General Liability Considerations and Potential Exposure in Reopening from COVID-19 Shutdown

After weeks of business closures and stay-at-home orders, many states are slowly beginning to allow businesses to reopen their doors—usually with significant modifications from “business as usual,” but with more freedom to…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Re-Opening Guidelines, Social Distancing

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Jennifer Housden

Unlocking the Secrets of the Endocannabinoid System: A New Frontier in Therapeutic Cannabis Research for Adolescents

Humans possess several well-established bodily systems, including the sympathetic nervous system, the central nervous system, and the endocrine system. A relatively recent discovery is the endocannabinoid system (ECS)…more

Cannabidiol (CBD) oil, Cannabis Products, Children's Health Insurance Program (CHIP), Controlled Substances, FDA Approval

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Patrice Howard Ph.D.

Navigating CMMC Compliance and Key Insights from the National 8(a) Small Business Conference

The recent National 8(a) Small Business Conference underscored pressing challenges and critical updates regarding the Cybersecurity Maturity Model Certification (CMMC) Program, now in an advanced phase known as CMMC 2.0. The…more

Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Data Protection, Defense Sector

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Art Howson

Financing and Debt Issuance for Data Center Developers: Insights from Womble Attorneys

Data center developers face a myriad of challenges when it comes to financing and debt issuance. In this blog post, Womble Of Counsel Barlow Keener delves into the intricacies of these topics with Womble Of Counsel David…more

Capital Markets, Commercial Loans, Commercial Real Estate Contracts, Data Centers, Financial Institutions

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Ting-Yu Huang

The UK's Failure to Prevent Fraud Offense

Effective September 1, 2025, the UK’s Failure to Prevent Fraud offense will go into effect as part of the UK’s Economic Crime and Corporate Transparency Act 2023 (the ECCTA). The law significantly expands corporate liability for…more

Anti-Corruption, Compliance, Compliance Dates, Corporate Liability, Enforcement Priorities

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Christy Hubbard

The Seminole Tribe of Florida wins in West Flagler Associates v. Haaland

After three long years, the Seminole Tribe of Florida, a leader in the fight for Tribal gaming rights, appears to have just won its latest battle – this one over a Tribe’s ability to offer mobile sports betting throughout the…more

Department of the Interior, Equal Protection, Gaming, Indian Gaming, Indian Gaming Regulation Act

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William Hubbard

The Uncertain Future of Patent Eligibility

For many companies in many industries, patents are an important tool for driving innovation. At the same time, patents limit competition, so that companies must also be wary of their competitors’ patent portfolios. The result is…more

Bilski, CLS Bank v Alice Corp, Intellectual Property Protection, Kappos, Patent Applications

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Christopher Humphrey

State Universities May Use Sovereign Immunity Defense in IPRs

The University of Florida picked up some big wins in the NCAA Men’s Basketball Tournament, moving into the tourney’s Sweet Sixteen. But the Gators also earned a big patent dispute victory recently in Covidien LP v. University of…more

Dismissals, Eleventh Amendment, Exclusive Licenses, Inter Partes Review (IPR) Proceeding, IP License

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John Nathan Hunter

BEAD Program to Drive Rural Broadband, Economic Development and Onshoring of Foreign Businesses in Key Southeastern States

Providing fast, reliable broadband service in 2023 is every bit as important as providing electricity was in 1933 in rural America. Without high-quality broadband, rural areas (many of which already face economic challenges)…more

Biden Administration, Broadband, Critical Infrastructure Sectors, Economic Development, Federal Funding

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Katie Hyman

Mexico Adopts Controversial Judicial Reform - What You Need to Know to Protect Your Business

As has been widely reported, Mexico recently adopted a constitutional amendment to overhaul its judiciary—most notably requiring popular elections for judges at all levels of the Mexican court system. Observers have widely…more

Constitutional Amendment, Dispute Resolution, Foreign Investment, Judges, Judicial Appointments

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Scott Hyman

California Expands Scope of State’s Fair Debt Collection Practices Act to Certain Commercial Debts

On September 24, 2023, Governor Gavin Newsom signed SB-1286 which expands California’s Rosenthal Fair Debt Collection Practices Act (California FDCPA) to apply to certain commercial financial products…more

Amended Legislation, Commercial Loans, Debt Collection, FDCPA, Governor Newsom

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James Ignotus

How to Navigate Pitfalls in Major Projects

Delivering major construction projects has always been challenging. The current global climate will necessitate more of these projects, while at the same time making their delivery more difficult. Understanding and mitigating…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Managers, Construction Project

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Mike Ingersoll

South Carolina’s New NIL Law and What it Means for Collegiate Athletes in the State

On Tuesday, May 21, 2024, South Carolina Governor Henry McMaster signed bill H. 4957 into law after it was approved unanimously by state lawmakers earlier in the year. Similar NIL (“Name, Image, and Likeness”) bills to H. 4957…more

Alston v NCAA, Antitrust Provisions, College Athletes, Colleges, Compensation

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Andrew Jacobsohn

Arizona Voters Modify Creditors' Remedies with Passage of Proposition 209 - Update

UPDATED 5/30/2024: Prop. 209 became law on December 5, 2022, but was immediately challenged by the Arizona Creditors Bar Association and several other organizations as unconstitutionally vague and internally inconsistent. Prop…more

Amended Legislation, Appeals, Arizona, Creditors, Debt Collection

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Kirk Jenkins

Deregulation: Uncertainty and Opportunity

The Trump administration has recently issued a series of Executive Orders on “deregulation,” directing federal agencies to review, rescind, and modify existing federal regulations. This regulatory overhaul presents both…more

Administrative Procedure Act, Chevron Deference, Executive Orders, Loper Bright Enterprises v Raimondo, Non-Delegation Doctrine

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Aaron Johnson

The IP of Everything Podcast - Episode 22 - The IP of Dog Toys

Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large. …more

Dilution, Fair Use, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC

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Kate Johnson

Litigation Funding: The Good, The Bad, The Future

Third party litigation funding is the process where third party funders provide money to a plaintiff or to plaintiff’s counsel in exchange for a cut of the proceeds resulting from the underlying litigation or settlement. Until…more

Access To Justice, Disclosure Requirements, Ethics, Intellectual Property Litigation, Legal Ethics

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Beth Tyner Jones

Appeals Court Lifts Injunction on Pair of DEI-Targeting Executive Orders: What It Means for Federal Contractors and Grantees

A panel of the United States Court of Appeals for the Fourth Circuit lifted a nationwide injunction, allowing the Trump administration to resume implementation of a pair of executive orders targeting diversity, equity, and…more

Anti-Discrimination Policies, Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Priorities

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Christopher Jones

Wage Fixing & Anti-Poaching Defense: Feds Take New, Aggressive Stand on No-Poach/Non-Solicit Agreements

Federal regulators are taking an increasingly hard line on what are normally ordinary business operations that regulators view as suppressing wages and competition. Antitrust issues can arise in every aspect of your…more

Anti-Competitive, Antitrust Division, Compliance, Criminal Liability, Department of Justice (DOJ)

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Jane Jeffries Jones

Recent Whistleblower Enforcement Actions Highlight SEC Focus On Employee Agreements

In September, the U.S. Securities and Exchange Commission (the “SEC”) announced the settlement of three enforcement actions for violations of SEC whistleblower protection laws. In the actions, the SEC asserted that the companies…more

Civil Monetary Penalty, Confidentiality Agreements, Contract Terms, Employment Contract, Enforcement Actions

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Scott Jones

Trade Update: Navigating Trump Administration Tariffs - Reciprocal Tariffs and Further Developments

Since early 2025, the Trump administration has imposed a series of broad sector- and country-specific tariffs. These measures were significantly expanded on April 2, 2025, with the announcement of a global tariff regime grounded…more

Canada, China, Exports, Imports, International Emergency Economic Powers Act (IEEPA)

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Taylor Jones

South Carolina’s Alphabet Soup Part II: ATIs and FILOTs after South Carolina’s Tax Code Amendments

Our previous Client Alert discussed assessable transfers of interest or “ATIs” and Fee in Lieu of Tax “FILOT” Agreements in the aftermath of significant amendments to South Carolina’s Tax Code in 2022. As discussed previously,…more

Agricultural Land, Exemptions, Land Transfer Taxes, Property Tax, Realty Transfer Taxes

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Dan Joyner

Trade Update: Navigating Trump Administration Tariffs - Reciprocal Tariffs and Further Developments

Since early 2025, the Trump administration has imposed a series of broad sector- and country-specific tariffs. These measures were significantly expanded on April 2, 2025, with the announcement of a global tariff regime grounded…more

Canada, China, Exports, Imports, International Emergency Economic Powers Act (IEEPA)

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Karen Jurichko Lowell

Recap of 2024 Arizona Tax Developments: No More City Sales Tax on Residential Rentals!

Beginning January 1, 2025, Arizona lessors will no longer be required to collect and remit city Transaction Privilege Tax (TPT) on residential rentals. Senate Bill 1131, Chapter 204, Laws 2023 amended Ariz. Rev. Stat. Ann. §…more

Landlords, New Legislation, Property Owners, Property Tax, Rental Property

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Kimberly Justus

COVID-19 and Commercial Leases: Guidance for Lenders

Throughout the COVID-19 pandemic, real estate lenders will be dealing with commercial lease defaults and need to consider the following issues: Soon after the spread of COVID-19 and the resulting significant impact on…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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Afzal Karim

North Carolina Business Corporation Act Now Permits Fully Virtual Shareholders' Meetings

On September 20, 2021, North Carolina Governor Roy Cooper signed House Bill 320 into law, permitting North Carolina corporations to hold shareholders’ meetings solely by means of remote communication under the North Carolina…more

Amended Legislation, Business Corporation Act, Coronavirus/COVID-19, Corporate Governance, Executive Orders

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Audrey Karman

The UK's Failure to Prevent Fraud Offense

Effective September 1, 2025, the UK’s Failure to Prevent Fraud offense will go into effect as part of the UK’s Economic Crime and Corporate Transparency Act 2023 (the ECCTA). The law significantly expands corporate liability for…more

Anti-Corruption, Compliance, Compliance Dates, Corporate Liability, Enforcement Priorities

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James Kearney

DoD Workforce Transformation and Strategic Implications for Defense Contractors

The Department of Defense has initiated a far-reaching transformation of its civilian workforce through the Workforce Acceleration and Recapitalization Initiative, formalized in the Deputy Secretary of Defense memorandum…more

Automation Systems, Defense Contracts, Defense Sector, Department of Defense (DOD), Employee Retention

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Sarah Anne Keefe

You’ve Got Mail (Not the Good Kind): FTC Sends Mass Warning Regarding Deceptive Endorsements

In brief: The FTC has sent hundreds of advertisers (including high profile retailers, manufacturers, agencies, and other large businesses) across assorted industries a Notice of Penalty Offenses. The Notice warns recipients…more

Advertising, Endorsements, Enforcement, Enforcement Priorities, False Advertising

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Rachel Keen

COVID-19 Shutdowns, Related Litigation Put Pressure on Business Interruption Insurers

Companies in the United States continue to file business interruption lawsuits against their insurers for claims arising from state and local government shutdown orders in response to the COVID-19 pandemic. At least 1,250 cases…more

Business Interruption, Civil Authority Coverage, Commercial Insurance Policies, Commercial Property Owners, Coronavirus/COVID-19

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E. Barlow Keener

Power and Energy in Data Centers

We have the pleasure of presenting insights from Belton Zeigler, co-leader of the Womble energy sector, and Steve Snyder, an expert in federal regulatory issues involving power…more

Critical Infrastructure Sectors, Data Centers, Energy Sector, FERC, Infrastructure

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Laura Kees

The US Copyright Office Takes on AI, Part I

Now nearly a year on from its 2023 Notice of Inquiry, the U.S. Copyright Office has now released Part 1 of its findings and recommendations on the legal and policy issues at the juncture between artificial intelligence (AI) and…more

Artificial Intelligence, Communications Act of 1934, Copyright, Copyright Office, Deep Fake

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Kyle Kellar

USPTO Implements Bifurcated Review Process for PTAB Petitions Under New Policy

USPTO Acting Director Coke Morgan Stewart announced that she will personally decide whether to deny each petition challenging a patent on discretionary grounds before the Patent Trial and Appeal Board evaluates the merits…more

America Invents Act, Appeals, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, New Guidance

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Ashley Kutz Kelley

Supreme Court Decision in Groff v. DeJoy Increases Burden on Employers Under Title VII for Denying Religious Accommodations

Employers will now have to show a higher degree of hardship to deny employee requests for religious accommodation. Under Title VII of the Civil Rights Act of 1964 and 29 C.F.R. § 1605.2(b)(1), employers are required to grant…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

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Justine Kelly

Privilege Log Considerations and Best Practices for Complex Litigation

Privilege logs are often considered back-burner items in complex litigation and not addressed until discovery deadlines draw near. However, paying attention to privilege logs early on can be a hidden factor in in a successful…more

Complex Litigation, Discovery, Document Productions, e-Discovery Professionals, Electronically Stored Information

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Christopher Kent

Green Innovation Being Fast Tracked by USPTO

The USPTO now fast tracks applications involving greenhouse gas reduction technologies. The new Climate Change Mitigation Pilot Program targets impact on the climate by accelerating examination of patent applications for…more

Fast Track Process, Green Technology, Patent Applications, Patents, USPTO

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Kyle Kessler

Navigating the New DOJ Data Security Program Compliance

On January 8, 2025, the U.S. Department of Justice (“DOJ”) issued its final rule to implement Executive Order 14117 aimed at preventing access to Americans' bulk sensitive personal data and government-related data by countries…more

China, Compliance Dates, Covered Transactions, Cuba, Data Privacy

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Nikku Khalifian

Is an Inaccurate Credit Report Alone Enough to Establish Article III Standing?

A recent case out of the Eastern District of California addressed the split in authority on whether an inaccurate credit report alone is enough to establish a concrete injury in fact for purposes of Article III standing. …more

Article III, Credit Reporting Agencies, Credit Reports, Split of Authority, Spokeo v Robins

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Sarah Ann Kim

MMS Text Messages That Include Links to Audio Are Not “Prerecorded Voice” Subject to TCPA Wireless Prohibition When a “Conscious Choice” is Required to Access Audible Content

Following the recent Ninth Circuit decision in Trim v. Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. Aug. 8, 2023), see previous post, where the court held that SMS messages that lack any audible component are not…more

Auto-Dialed Calls, Facebook Inc v Duguid, TCPA, Text Messages, Wireless Devices

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Andrew Kimble

New Cyber Security Rules for US Technology Companies Operating in the EU

The EU is in the course of passing a range of new cyber security legislation which will apply to US businesses who provide services in the EU. One part of that legislative programme is the new Network and Information Security…more

Board of Directors, Cloud Service Providers (CSPs), Critical Infrastructure Sectors, Cybersecurity, Data Centers

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Jimmy Kirkland

EPA Publishes Direct Final Rule on New ASTM Standard for Phase I All Appropriate Inquiries

On December 15, 2022, the EPA published a Final Rule to amend EPA’s All Appropriate Inquiries Rule to allow the use of the revised American Society for Testing and Materials (ASTM) E1527-21 Standard Practice for Environmental…more

AAI, ASTM, CERCLA, Environmental Protection Agency (EPA), Environmental Site Assessment

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Sylvester Kisluk

COVID-19 and Commercial Leases: Guidance for Lenders

Throughout the COVID-19 pandemic, real estate lenders will be dealing with commercial lease defaults and need to consider the following issues: Soon after the spread of COVID-19 and the resulting significant impact on…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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Christopher Kreiner

EPA, CDC and CPSC Investigating Potential Health Effects of Recycled Tire Crumb Used on Playing Fields and Playgrounds

Public concern is increasing over the safety of recycled rubber tire crumb used as infill for synthetic turf fields and playgrounds. There are currently between 12,000 and 13,000 synthetic turf fields in the United States, and…more

Centers for Disease Control and Prevention (CDC), Consumer Product Safety Commission (CPSC), Environmental Protection Agency (EPA), Information Reports, Public Health

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Rachel Kreth

Decoding the Independent Agency Executive Order: Implications for the Activities of Federal Agencies and Business Interests

The Ensuring Accountability for All Agencies Executive Order (the “Independent Agency EO”), signed by President Trump on February 18, extends unprecedented direct Administration control over independent regulatory agencies, such…more

Constitutional Challenges, Executive Orders, FCC, Federal Trade Commission (FTC), FERC

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Julia Kreyskop

Sublandlord Considerations When Subleasing Space

The COVID-19 pandemic has increased the number of companies that are switching to full-time telework or hybrid work arrangements, often resulting in reduced space needs. To minimize monetary exposure for unused premises, some…more

Commercial Leases, Commercial Property Owners, Contract Modification, Contract Terms, Coronavirus/COVID-19

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Gregory Lampert

THE Ohio State Trademark Registration: Ornamental Features & Consent Agreements

On June 21, 2022, The Ohio State University (OSU) obtained a federal trademark registration (U.S. Reg. No. 6,763,118) for the standard character mark THE for “t-shirts, baseball caps, and hats; all of the foregoing being…more

Consent Agreements, Educational Institutions, Intellectual Property Protection, Trademark Application, Trademark Infringement

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Daniella Landers

Colorado PFAS Act Likely Just the Beginning of New PFAS Chemical Regulation

The term “PFAS” has become a “four-letter word” that refers to a common group of perfluoroalkyl and polyfluoroalkyl chemical substances, which are the subject of increasing regulation. There are several key takeways from this…more

CERCLA, Environmental Protection Agency (EPA), New Legislation, PFAS, Popular

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Carson Lane

Money Talks: California Expands Pay Disclosure Requirements

Effective January 1, 2023, employers in California will be subject to significant new pay disclosure requirements in the most sweeping expansion of United States pay transparency law to date. What new requirements does the…more

Compliance Dates, Disclosure Requirements, Job Ads, Pay Data, Pay Transparency

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Shelton Sterling Laney III

Increasing Volume of Pro Se, Frequent Litigants, and Pre-Litigation Demands & Arbitration Claims in Financial Services Litigation and Compliance

This is the first in a series of articles based on Womble Bond Dickinson’s recent 2024 Trends in Financial Services Litigation seminar. Managing consumer disputes and consumer lawsuits has always been a fact of life for…more

Arbitration, Arbitration Agreements, Civil Investigation Demand, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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L. Christine Lawson

The Changing Food Regulatory Landscape

You have probably heard the term “ultra-processed food.” What does that mean? Unprocessed food probably requires little explanation. For example, a whole raw apple that has not been cut, cooked or otherwise prepared would be…more

Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Safety, New Legislation

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Jeffrey Lawyer

Radical New Partnership Audit Rules

Last week, President Obama signed H.R. 1314, the Bipartisan Budget Act of 2015 (the “Legislation”), which dramatically changes the manner in which partnerships (and LLC’s taxed as partnerships) are audited and taxed by the IRS…more

Audits, Bipartisan Budget, IRS, Partnership Agreements, Partnerships

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Paul LeBlanc Jr.

Texas Data Centers Powering AI

Data center-related real estate investment has certainly been a trend in recent years, and Texas is no exception, with a current state-wide data center count of 336 (for context, in 2015 Texas had 91 data centers)…more

Artificial Intelligence, Data Centers, Infrastructure, Technology Sector

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Carol Lee

House’s Passage of National Defense Authorization Act with Anti-China Provisions

The U.S. House of Representatives passed the National Defense Authorization Act (NDAA), the annual defense policy bill, on June 14, 2024. This $895.3 billion bill passed the House of Representatives with a vote of 217 to 199,…more

Appropriations Bill, China, Department of Defense (DOD), End-Users, NDAA

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G. Thomas Lee

Brexit Poses Issues For Airports, Airlines

The United Kingdom’s split from the European Union could leave the nation and United States without a trade agreement to manage the aviation industry. The aviation industry currently operates between the two nations under the…more

Airlines, Airports, Aviation Contracts, Aviation Industry, Bilateral Agreements

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Jon Levin

DoD Instruction Intended to Protect Defense Supply Chain: Defense Contractors and Subcontractors Subject to Additional Filings and DCSA Reviews

Concerns regarding the integrity of the U.S. defense industrial base supply chain continue to grow. Similar to national cybersecurity risks, national security risks to the defense supply chain are asymmetric and can arise at any…more

Cybersecurity, Defense Contracts, Defense Sector, DFARS, Disclosure Requirements

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Steven Levitan

New PAIP Act Requires U.S. President to Annually Report to Congress on Foreign Nationals Involved in the Theft of Trade Secrets from the United States, with Mandatory Sanctions to Follow

The Protecting American Intellectual Property Act of 2022 (“PAIP”) became law on January 5, 2023, establishing a new enforcement procedure to deter the theft of trade secrets from the United States by foreign actors. PAIP aims…more

Biden Administration, Economic Sanctions, Foreign Entities, Foreign Persons, Intellectual Property Protection

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Michael Lewis

SEC Marketing Rule: Fintech Enforcement Actions

This alert highlights recent artificial intelligence (AI)-related enforcement actions that the Securities and Exchange Commission (SEC) has brought against investment advisers under the SEC's "Marketing Rule." The enforcement…more

Algorithms, Artificial Intelligence, Enforcement Actions, FinTech, Fund Managers

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Yuechu Li

Earnout Deals Surge in Uncertain Times – What M&A Professionals Need to Know About Earnouts

The M&A market has witnessed a major increase in the use of earnout deal terms after 2021. The number of deals with earnout provisions jumped from around 20% in 2021 to 33% in 2023…more

Acquisitions, Buyers, Contract Drafting, Contract Negotiations, Earn-Outs

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Glenn Light

The Importance of Retaining a Grandfathered Gaming Location in Nevada

We have all heard the phrase location, location, location. In the context of gaming in Nevada, grandfathered locations refer to casinos or gaming establishments that have been allowed to continue operations under previous laws…more

Casinos, Gaming, Grandfathered Status, Legislative Agendas, Nevada

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Forrest Lind

IRS Publishes Final Regulations for Transfer of Certain Credits

The Inflation Reduction Act of 2022 added Section 6418 to the Internal Revenue Code (the “Code”) to allow taxpayers to sell certain Federal income tax credits…more

Clean Energy, Energy Sector, Final Rules, Inflation Reduction Act (IRA), Investment Tax Credits

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James Livermon III

Congress Temporarily Raises Subchapter V Debt Limit. Again.

A key temporary bankruptcy related response to the pandemic has been re-implemented and extended with the passage of the Bankruptcy Threshold Adjustment and Technical Corrections Act (the “Act”) which extends the increase in the…more

Chapter 13, Commercial Bankruptcy, Coronavirus/COVID-19, Relief Measures, Small Business

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Laura Lo Bianco

Corporate Transparency Act Compliance Still on Hold, For Now

On January 23, the U.S. Supreme Court lifted a nationwide preliminary injunction on the enforcement of the Corporate Transparency Act (the CTA), a law requiring millions of business entities to report information about their…more

Anti-Money Laundering, Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Christopher Lockwood

DoD Workforce Transformation and Strategic Implications for Defense Contractors

The Department of Defense has initiated a far-reaching transformation of its civilian workforce through the Workforce Acceleration and Recapitalization Initiative, formalized in the Deputy Secretary of Defense memorandum…more

Automation Systems, Defense Contracts, Defense Sector, Department of Defense (DOD), Employee Retention

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Neil Long

Estate Planning: Protect and Plan for the Future

Entrepreneurs and business owners are naturally – and rightly - focused on running and growing their businesses, particularly with Brexit looming, along with other seismic changes in the global economy. But this can mean many…more

Beneficiaries, Business Ownership, Estate Planning, Power of Attorney, Reorganizations

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Vincent Look

USPTO's AI Patent Eligibility Guidance, Vincent Look

In 2024, the USPTO published guidance on whether an AI-based invention is patent eligible. The guidance includes three hypothetical inventions, including one relating to using an artificial neural network for data anomaly…more

Algorithms, Artificial Intelligence, Innovative Technology, Inventions, Inventors

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James Love

[Webinar] Growing Global: Act Now or Act Later? Unitary Patents and the UPC - May 11th, 11:00 am - 1:00 pm EDT

One of the biggest changes in international patent law takes effect on June 1, 2023, when Europe's new Unitary Patent System and Unified Patent Court become a reality after years of planning. Join us for a virtual CLE as we…more

Continuing Legal Education, Intellectual Property Protection, IP License, Patent Infringement, Patent Litigation

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Alexander Lowitt

Certification and AI in eVTOLs and eCTOLs: Industry Leaders Avoid Autopilot in Bringing Electric Aircraft to Market

This client alert was originally published in Monitor Daily. The march toward electric vertical takeoff and landing aircraft (eVTOL) certification is progressing, though some predict a delay in eVTOLs’ market entry. Leading…more

Aircraft, Artificial Intelligence, Electric Vehicles, Federal Aviation Administration (FAA), Research and Development

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Jorge Lozano

USPTO Addresses Ambiguities in Means-Plus-Function, Step-Plus-Function Claims

United States Patent and Trademark Office (USPTO) officials recently reiterated to all patent examiners that they must provide clear, consistent analysis regarding means-plus-function and step-plus-function limitations. The…more

Claim Construction, Claim Limitations, Means-Plus-Function, Patent Applications, Patent Litigation

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David Vance Lucas

Trade Update: Navigating Trump Administration Tariffs - Reciprocal Tariffs and Further Developments

Since early 2025, the Trump administration has imposed a series of broad sector- and country-specific tariffs. These measures were significantly expanded on April 2, 2025, with the announcement of a global tariff regime grounded…more

Canada, China, Exports, Imports, International Emergency Economic Powers Act (IEEPA)

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Amy Lyons

The Company You Keep: FCA Investigations of 8(a) Program Contractors

Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759…more

Bid Solicitation, Competitive Bidding, Criminal Investigations, False Claims Act (FCA), Federal Contractors

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Caitlin MacDowell

Strategies for Uncertain Times: Management and Legal Perspectives for the Specialty Chemical Industry

As with virtually every sector, the COVID-19 pandemic heavily impacted the chemical industry—from corporate transactions to supply chains to privacy concerns related to employees working remotely. A team of Womble Bond Dickinson…more

Chemical Compounds, Chemicals, Coronavirus/COVID-19, Due Diligence, Manufacturers

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H. William Mahaffey

Supreme Court Clarifies Shareholder Agreement Valuations for Estate Tax Purposes in Connelly v. United States

Many co-owners of closely held businesses will employ life insurance as a tool for funding the transfer of ownership in the business upon the death or retirement of an owner. In these cases, planning involves the use of…more

Business Succession, Business Valuations, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States

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Gloria Malpass Ph.D.

Junk Science in the Courtroom: Prevention is Better than Cure

When scientific evidence is in play, it is often assumed that the most frequently cited articles are published in the most elite journals. However, this is not necessarily true. A journal is ranked according to its impact…more

Corporate Counsel, Daubert Standards, Expert Witness, Federal Rules of Evidence, Research Papers

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Dr. Christian Mammen

Tony Blair Institute Proposal for AI and Copyright in the UK

Interesting and provocative report published today by the Tony Blair Institute concerning proposed reforms to UK copyright law…more

Algorithms, Artificial Intelligence, Authorship, Copyright, Entertainment Industry

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Fabio Marino

USPTO Implements Bifurcated Review Process for PTAB Petitions Under New Policy

USPTO Acting Director Coke Morgan Stewart announced that she will personally decide whether to deny each petition challenging a patent on discretionary grounds before the Patent Trial and Appeal Board evaluates the merits…more

America Invents Act, Appeals, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, New Guidance

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A.J. Martinez

Legal Issues, Problems, and Unanswered Questions Regarding a State’s Ability and Potential Departure from the Depository Institution Deregulation and Monetary Control Act of 1980 (“DIDMCA”)

In 1980, Congress passed Public Law 96-221, called the Depository Institutions Deregulation and Monetary Control Act (“DIDMCA”), which, in part, allowed federally insured state banks, state credit unions, and state savings…more

Banks, Borrowers, Competition, Consumer Financial Products, Credit Unions

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Brandon Massengill

USPTO Launches Semiconductor Technology Pilot Program to Expedite Patent Examinations and Support the CHIPS Act

The US Patent and Trademark Office (USPTO) launched the Semiconductor Technology Pilot Program on December 1, 2023 for patent applications for processes or apparatuses for manufacturing semiconductor devices. Applications that…more

Expedited Actions Process, Patent Applications, Patents, Semiconductors, USPTO

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Aaron Massuda

Navigating the New DOJ Data Security Program Compliance

On January 8, 2025, the U.S. Department of Justice (“DOJ”) issued its final rule to implement Executive Order 14117 aimed at preventing access to Americans' bulk sensitive personal data and government-related data by countries…more

China, Compliance Dates, Covered Transactions, Cuba, Data Privacy

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Allison Mayer

The New Automotive Age: Electric Vehicles and Real-Life Implications for the Automotive Industry

Electric vehicles (EVs) have become a hot topic due to increased consumer adoption and a global focus on Net Zero carbon emissions by 2050. Rising gas costs and lower EV prices have made consumers view EVs as more affordable…more

Automotive Industry, Electric Vehicles, Inflation Reduction Act (IRA), Motor Vehicles

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Vicky McCombe

How to Navigate Pitfalls in Major Projects

Delivering major construction projects has always been challenging. The current global climate will necessitate more of these projects, while at the same time making their delivery more difficult. Understanding and mitigating…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Managers, Construction Project

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Patrick Emerson McCormick

Escrow Agent Found 100% Liable for Wire Transfer to Cybercriminal/Imposter

The Arizona Court of Appeals affirmed a jury verdict that imposed 100% liability on an escrow agent for a wire transfer it sent to a cybercriminal/imposter and attributed no fault to the imposter or the party whose systems were…more

Appeals, Attorney's Fees, Cyber Crimes, Cybersecurity, Escrow Agents

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John McCullough

Trade Update: Navigating Trump Administration Tariffs - Reciprocal Tariffs and Further Developments

Since early 2025, the Trump administration has imposed a series of broad sector- and country-specific tariffs. These measures were significantly expanded on April 2, 2025, with the announcement of a global tariff regime grounded…more

Canada, China, Exports, Imports, International Emergency Economic Powers Act (IEEPA)

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Colleen McGlynn

Significant New Clean Energy and Climate Act becomes law in Massachusetts

On August 11, 2022, Massachusetts Governor Charlie Baker signed into law An Act driving climate policy forward. After months of heavy legislative activity involving a wide range of stakeholders in the clean energy and…more

Agricultural Land, Clean Energy, Climate Change, Electric Vehicles, Energy Storage

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J. Whitney McGreevy

Mastering Data Center Development: Insights from Whit McGreevy and Tara Gorman

In this post, Womble Partners Whit McGreevy and Tara Gorman provide a high-level overview of potential economic incentives for data center development. They delve into the significance of economic development incentives and the…more

Data Centers, Economic Development, Infrastructure, Investment Tax Credits, Permits

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Jeffrey McIntyre

How Are The USPTO’s Proposed Rule Changes For Terminal Disclaimers Problematic?: Let Me Count The Ways

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice of Proposed Rulemaking (Notice) proposing changes to terminal disclaimer (TD) practice…more

Corporate Counsel, NPRM, Patent Litigation, Patents, Proposed Rules

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Christopher Mead

Money Talks: California Expands Pay Disclosure Requirements

Effective January 1, 2023, employers in California will be subject to significant new pay disclosure requirements in the most sweeping expansion of United States pay transparency law to date. What new requirements does the…more

Compliance Dates, Disclosure Requirements, Job Ads, Pay Data, Pay Transparency

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Brian Meltzer

[Webinar] Keeping Out of the Weeds in Corporate and Financial Transactions - October 12th, 12:00 pm - 1:00 pm EDT

Learn the basics for structuring and financing your cannabis business and managing supply chain issues as you grow. Topics include: - M&A, equity raising - Hot topics when selling or seeking equity financing for a…more

Acquisitions, Cannabis-Related Businesses (CRBs), Capital Raising, Continuing Legal Education, Equity Financing

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Emily Melvin

Explaining the New Corporate Transparency Act

Beginning January 1, 2024, domestic entities and foreign entities registered to do business in the United States will need to comply with new information reporting requirements relating to their owners, officers, and controlling…more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Financial Crimes

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Sarah Meyer

Supreme Court Narrows FCRA Class By More Than 75% Finding That The Majority Of The Class Lacked Standing

In TransUnion v. Ramirez, 2021 U.S. Lexis 3401 (U.S. June 25, 2021), Justice Kavanaugh, joined by Roberts, C.J. and Alito, Gorsuch, and Barrett, J.J., reversed the almost $40 million award affirmed by the Ninth Circuit Court of…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Yohana Mihreteab

The Major Shift into Minority Investments

The venture capital markets are experiencing a prolonged expansion in both the number and type of investors willing to make minority (non-controlling) investments. This heightened competition for investment opportunities and the…more

Due Diligence, Investors, Minority Equity Investments, Portfolio Companies, Private Equity

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Michael Miller

Nondelegation and Environmental Law - March 2025

Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing funding…more

Administrative Agencies, Clean Air Act, Clean Water Act, Constitutional Challenges, Environmental Protection Agency (EPA)

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Rodney Miller

Fifth Circuit Clarifies Standard for Venue Transfer: What it Means for Texas Patent Litigants

Since the early 2000s, Texas district courts have been battling to maintain their status as the premier venue for filing patent lawsuits. At one point, 43% of all patent infringement cases in the United States were filed in the…more

Forum Shopping, Improper Venue, Patent Infringement, Patent Litigation, Patents

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Preston Mitchell

New Year Resolutions Triggered by Senate Bill 382

After the North Carolina General Assembly overrode Governor Cooper’s veto of Senate Bill 382, which became Session Law 2024-57 (the “New Law”), we published a client alert describing the state-wide effect of the New Law…more

Administrative Authority, Community Development, Congressional Override, Governor Vetoes, Land Developers

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Jonathan Mize

SEC Expected to Begin Settlement Actions With Issuers Under MCDC Initiative

In March 2014, the Securities and Exchange Commission (the “SEC”) initiated the Municipalities Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) to provide issuers (including obligated persons) and underwriters…more

MCDC, Municipal Securities Issuers, Securities and Exchange Commission (SEC), Self-Reporting, Underwriting

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Philip Mohr

The Business Judgment Rule Cannot Preclude Statutory Inspection Rights

Where a corporation’s board of directors decided to take a particular course of action that was unpopular with a shareholder, the board could not invoke the business judgment rule to prevent the shareholder’s statutory right to…more

Board of Directors, Books & Records, Business Judgment Rule, Corporate Governance, Inspection Rights

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Aulica Lin Monroe

[Webinar] Practical Guidance on Hashing Out the Patchwork of State and Federal Ethics Laws - October 19th, 12:00 pm - 1:00 pm EDT

Learn more about federal and state laws and regulations relevant to the cannabis industry and the ethical considerations of legal representation for cannabis businesses. We will address: - Current landscape of federal and…more

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Kristina Moore

Potential Rollback of Biden's Climate Policies Targets Billions in Clean Energy Projects

According to media reports, Energy Department officials are compiling a list of clean energy projects, awarded billions of dollars, that could be overturned by the Trump administration in what may become the most significant…more

Biden Administration, Carbon Emissions, Clean Energy, Climate Change, Department of Energy (DOE)

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James Morgan Jr.

"Private" E-mails and FOIA

Recent legal decisions continue to blur the line between private communications and public records, extending the reach of the Freedom of Information Act (FOIA). Because of these shifts, proactive government officials are…more

Email, FOIA, Public Disclosure, Public Employees, Public Records

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John Morrow

Overhaul of the Rosen-Durling Test: A New Era for Design Patent Obviousness

In the recent case of LKQ Corporation v. GM Global Technology Operations LLC, the en banc (for the first time in five years) Federal Circuit overruled the long-established Rosen-Durling test used for evaluating the obviousness…more

Design Patent, En Banc Review, Graham Factors, Guidance Update, Obviousness

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Lawrence Moye, IV

Transfer Taxes and the Tax Act: An Overview and Three Possible Responses

Individuals and businesses continue to evaluate the Tax Cuts and Jobs Act of 2017 (the “Tax Act” or “Act”) and, in particular, the specific effects on personal and business tax planning. Our clients are asking us daily how they…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption

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Joshua Mullen

Government Contractors Need to Be Prepared for Significant Reforms to the Federal Acquisition Regulation and Associated Agency Acquisition Supplemental Regulations

On April 15, 2025, President Trump issued Executive Order 14275, Restoring Common Sense to Federal Procurement (EO 14275). EO 14275’s purpose is to reform the Federal Acquisition Regulation (FAR) and associated agency…more

Department of Defense (DOD), Deregulation, DFARS, Executive Orders, Federal Acquisition Regulations (FAR)

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Alexandria Murphy

Corporate Transparency Act Compliance Still on Hold, For Now

On January 23, the U.S. Supreme Court lifted a nationwide preliminary injunction on the enforcement of the Corporate Transparency Act (the CTA), a law requiring millions of business entities to report information about their…more

Anti-Money Laundering, Appeals, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act

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Zachary Murphy

Factors Courts Commonly Consider When Deciding Motions to Transfer in ANDA Litigation

Where the Operative Facts Occurred - In assessing this primary factor, courts have looked to the location of defendant’s principal place of business, where the ANDA application was prepared, and where the ANDA product was…more

Abbreviated New Drug Application (ANDA), Forum Selection, Forum Shopping, Patent Litigation, Patents

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Tomio Narita

Calhoun v. Google - Continued Considerations for Privacy Notices

Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v…more

Consent, Corporate Counsel, Data Collection, Google, Invasion of Privacy

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Rachel Nicholas

April 19 Sunrise Deadline to Register Brands in Alternative Root Domains Such As (dot)NFT

A new internet frontier is opening, one that is not associated with or controlled by the Internet Corporation for Assigned Names and Numbers (ICANN) and shares little in common with the more well-known and used TLDs such as…more

Blockchain, Brand, Brand Registry, Domain Name Registration, Domain Names

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Ryan Nichols

SEC Adopts New Rule 10B-5 Insider Trading Requirements

On December 14, 2022, the Securities and Exchange Commission (the “SEC”) adopted new rules (i) implementing additional conditions for insiders to rely on the affirmative defense for Rule 10b5-1 trading plans (“10b5-1 plans”)…more

10b5-1 Plans, Affirmative Defenses, Corporate Governance, Disclosure Requirements, Insider Trading

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Jed Nosal

New Market, Old Rules: United Arab Emirates Opens Doors to Gambling Industry with Regulations Similar to U.S. Jurisdictions

The United Arab Emirates (UAE) is taking the plunge into gambling, with the publication of commercial gaming regulations and licensing materials. The good news for interested investors and licensees is that the regulatory and…more

Casinos, Compliance, Gambling, Gambling Licenses, Gaming

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Chukwukpee Nzegwu

Corporate Transparency Act: Reporting Deadlines and What You Need to Know to Comply

The Corporate Transparency Act (CTA), which came into effect January 1, 2024, requires that “reporting companies” doing business in the United States disclose information about their beneficial owners to the Financial Crimes…more

Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act, Filing Deadlines

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Lynn O'Brien

Federal Agencies Begin Implementing DEI/DEIA-Related Executive Orders

In the first two months of President Trump’s second term, his administration has sought to redefine “illegal” diversity, equity, and inclusion (“DEI”) and diversity, equity, inclusion, and accessibility (“DEIA”) programs…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Enforcement Priorities

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Brendan O'Dea

USPTO Issues Updated Examination Guidance After Federal Circuit Overhauls Test for Design Patent Obviousness

The United States Patent and Trademark Office (USPTO) has issued a Memorandum to the Corps of Patent Examiners (the “Guidance”), attempting to provide clarity in the wake of the Federal Circuit’s highly anticipated en banc…more

Design Patent, Guidance Update, Manual of Patent Examining Procedure (MPEP), Nonobvious, Obviousness

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Seiko Okada, M.D. Ph.D.

D.C. Circuit Denies Copyright to AI Artwork - What Humans Have and Artificial Intelligence Does Not

Can a non-human machine be an author under the Copyright Act of 1976? In a March 18, 2025 precedential opinion, a D.C. Circuit panel affirmed prior determinations from the D.C. District Court and the Copyright Office that an…more

Artificial Intelligence, Artists, Authorship, Copyright, Copyright Office

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Daniel Orvin

CDC Eviction Moratorium

As we noted in our September 4, 2019 alert, in an effort to supplement the action by Federal, State, and local governments to combat the spread of COVID-19, the Centers for Disease Control and Prevention, located within the…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Financial Distress

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Viktor Osasu

Green Finance Is Infrastructure: The $100 Billion Opportunity for Green Banks

Last month, Womble Bond Dickinson launched “Doing Well by Doing Good,” a thought leadership series focused on ways in which environmental and social governance impact business. The following article summarizes “Green Finance is…more

Capital Markets, Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Financial Services Industry

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Dan Ovanezian

Don’t Miss USPTO’s Lapsing Collaborative Search Option

Recently, the U.S. Patent and Trademark Office provided an additional tool for patent applicants to use in pursuit of foreign patent protection. In 2015, the USPTO partnered with the Korean Intellectual Property Office, or…more

Collaboration, FOIA, Foreign Patent Applications, Japan, KIPO

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David Palko

Year One of Trump’s DOJ: A Closer Look at the Four Main Categories of Offenders

As noted in the main article, four categories of offenses represent over 80% of the total national caseload: immigration, drugs, firearms, and fraud-related financial offenses. Here’s a closer look at the categorical data from…more

Caseloads, Criminal Convictions, Criminal Prosecution, Department of Justice (DOJ), Drug Trafficking

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Andrew Parsons

Cybersecurity in the Nuclear Industry: US and UK Regulation and the Sellafield Case

This is the fifth article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled “Going Nuclear: A Sustainable Solution to Rising Energy Demand.” The series will explore the changing landscape of…more

Climate Change, Cyber Attacks, Cybersecurity, Department of Justice (DOJ), Energy Sector

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Morgan Patterson

Prepare for Bankruptcies Sparked by Oil Price Battle

Key points: - Companies facing bankruptcy can still make smart moves - Creditors should consider asserting liens before it’s too late - Legal fees may be covered for some unsecured creditors…more

Coronavirus/COVID-19, Creditors, Energy Sector, Federal Reserve, Financial Institutions

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Mark Patton

Update: CTA Filing Requirements Are "On" - Compliance Required by January 13, 2025 (for most reporting companies)

On December 23, 2024, the Court of Appeals for the Fifth Circuit stayed the nationwide injunction enjoining the U.S. government from enforcing the Corporate Transparency Act (the “CTA”) and the corresponding reporting…more

Appeals, Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act

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Dorinda Peacock

Legal Guide to Starting a Business in the United States

Starting a business in the United States can open doors for massive opportunity and success. Along the way, however, businesses will encounter a number of legal and regulatory hurdles. This “Guide to Starting Business in the…more

Business Formation, Choice of Entity, Corporate Structures, Corporate Taxes, Employer Liability Issues

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Matthew Pearson

[Event] Privacy Litigation: The Past, The Present, And The Future - March 25th, Irvine, CA

Privacy litigation has taken California (and the country) by storm. In the past twenty-four months, the focus of privacy litigation has shifted from data breaches to data use, and the number of class actions filed grows by the…more

California, California Consumer Privacy Act (CCPA), CIPA, Class Action, Consumer Privacy Rights

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Antonia Peck

Opportunity Economy: Telehealth in the Pandemic - and Beyond

Takeaways: ..Telehealth greatly expanded during the COVID-19 pandemic, in large part due to regulatory waivers. Those regulatory waivers aren’t permanent, but lawmakers are evaluating ways to permanently expand some aspects…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Investors

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Gordon Penman

Overview of the CARES Act's Paycheck Protection Loan Program

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Among the provisions of the CARES Act is the Paycheck Protection Loan Program (“PPP”), a new $349 billion…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA Lending Programs

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Joel Perrell Jr.

Insurance Premium Finance Exemption - Maryland Commercial Finance Disclosure Legislation

Maryland recently introduced Commercial Finance Disclosure Law (“CFDL”) legislation in both the House (HB 693) and Senate (SB 754), following a path of other states with laws requiring consumer-like disclosures in certain…more

Commercial Loans, Disclosure Requirements, Financial Services Industry, Insurance Industry, Insurance Regulations

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Sean Perrin

"Private" E-mails and FOIA

Recent legal decisions continue to blur the line between private communications and public records, extending the reach of the Freedom of Information Act (FOIA). Because of these shifts, proactive government officials are…more

Email, FOIA, Public Disclosure, Public Employees, Public Records

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John G. Perry

ERISA Preemption: Don't Tread on my Uniform System of Plan Administration

On March 1 the U.S. Supreme Court again reinforced the broad preemptive scope of the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §1001. In Gobeille v. Liberty Mutual Insurance Co., 136 S. Ct. 936, the court held…more

Data Collection, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Gobeille v Liberty Mutual Insurance Com.

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Morgan Persinger

Cannabis Legalization Efforts: How Far Did They Reach in 2023? How High Can They Go in an Election Year?

As we enter another election year, cannabis legalization is sure to be a hot button issue at both the state and federal levels. A Gallup poll from November 2023 showed that public support for legalizing marijuana reached a…more

Cannabidiol (CBD) oil, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Decriminalization of Marijuana, Marijuana

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Karthika Perumal Ph.D.

Federal Circuit Reversal in Assignment Clause Case Highlights Importance of Contract Language in Intellectual Property Ownership

In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and ADVA…more

Assignments, Cisco, Contract Terms, Intellectual Property Litigation, Intellectual Property Protection

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Michael Plachy

Legal Issues, Problems, and Unanswered Questions Regarding a State’s Ability and Potential Departure from the Depository Institution Deregulation and Monetary Control Act of 1980 (“DIDMCA”)

In 1980, Congress passed Public Law 96-221, called the Depository Institutions Deregulation and Monetary Control Act (“DIDMCA”), which, in part, allowed federally insured state banks, state credit unions, and state savings…more

Banks, Borrowers, Competition, Consumer Financial Products, Credit Unions

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Aaron Pohlmann

DOL’s Final Rule Modifies ERISA Disability Claim Regulations

Effective January 18, 2017, the Department of Labor issued a "final rule" modifying 29 CFR § 2560.503-1, governing claims procedures for disability benefits under ERISA plans. The new regulations apply to disability claims filed…more

Department of Labor (DOL), Disability Benefits, Employee Retirement Income Security Act (ERISA), Final Rules

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Jessica Portmess

Nondelegation and Environmental Law - March 2025

Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing funding…more

Administrative Agencies, Clean Air Act, Clean Water Act, Constitutional Challenges, Environmental Protection Agency (EPA)

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James Powell

Federal Government Contractors and Subcontractors Have Until March 3, 2023 To Assert Objections to the Public Production of Their Affirmative Action Report Data

A government prime contractor with more than 50 employees and a single federal government contract worth at least $50,000 must comply with the federal affirmative action regulations, which includes establishing a written…more

Affirmative Action, Data-Sharing, DFARS, Federal Acquisition Regulations (FAR), Federal Contractors

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Kurt Prange

Patent Protection for Entertainment Software Inventions

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of…more

Artificial Intelligence, CLS Bank v Alice Corp, Computer-Related Inventions, Facial Recognition Technology, Innovation

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Richard Prosser

Congress Temporarily Raises Subchapter V Debt Limit. Again.

A key temporary bankruptcy related response to the pandemic has been re-implemented and extended with the passage of the Bankruptcy Threshold Adjustment and Technical Corrections Act (the “Act”) which extends the increase in the…more

Chapter 13, Commercial Bankruptcy, Coronavirus/COVID-19, Relief Measures, Small Business

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John Pueschel

Federal Court Strikes Down FTC's Noncompete Clause Rule

As an update to our April 25, 2024 Client Alert, “FTC Issues New Rule—But Not the Final Chapter—on Non-Competes: What Employers Need to Know,” a federal court in Dallas, Texas has blocked the Federal Trade Commission’s Rule that…more

Administrative Procedure Act, Chamber of Commerce, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Matt Quinn Ph.D.

FDA and the Fountain of Youth: Regulatory Hurdles in the Longevity Biotech Community

With every major advancement in the field of aging biology, humankind is one step closer to turning back the clock and restoring our youth. In our previous longevity blog, we highlighted several novel therapeutics that have…more

Code of Federal Regulations (CFR), Food and Drug Administration (FDA), ICD Codes, Innovative Technology

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Rajiv Radia

SEC Adopts Amendments to Beneficial Ownership Rules

On October 10, 2023, the Securities Exchange Commission (SEC) adopted amendments to its rules regarding the reporting of beneficial ownership. The amendments primarily focus on beneficial ownership reporting as required under…more

Beneficial Owner, Publicly-Traded Companies, Reporting Requirements, Schedule 13D, Securities and Exchange Commission (SEC)

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Emma Radmore

The UK's Failure to Prevent Fraud Offense

Effective September 1, 2025, the UK’s Failure to Prevent Fraud offense will go into effect as part of the UK’s Economic Crime and Corporate Transparency Act 2023 (the ECCTA). The law significantly expands corporate liability for…more

Anti-Corruption, Compliance, Compliance Dates, Corporate Liability, Enforcement Priorities

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William Ragland Jr.

Patent Holder Sues CBS and iHeart Over Digital Audio Signal Transmission Systems

On Friday, April 14, 2017, Digital Stream IP, LLC filed two separate complaints in federal court in the Eastern District of Texas against CBS Radio Inc. and iHeartMedia, Inc., alleging infringement of U.S. Patent No. 6,757,913…more

CBS, Digital Downloads, Electronic Data Transmissions, iHeart Media, Patent Infringement

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Richard Rainey

OSHA’s New Rule on Mandatory COVID-19 Vaccination Is Back in Force (For Now)

In the ongoing legal battle over the Occupational Safety and Health Administration’s emergency temporary standard on COVID-19 Vaccination and Testing (the “ETS”), a federal appeals court has given OSHA authority - for now - to…more

Compliance Dates, Coronavirus/COVID-19, Employer Mandates, Enforcement Authority, Masks

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Richard Raleigh Jr.

For Whom the Bell Tolls? The Impact of Wisconsin Bell v. United States ex rel. Todd Heath and United States v. Regeneron Pharmaceuticals Inc. on False Claims Act Litigation

The Supreme Court’s decision in Wisconsin Bell v. United States ex rel. Todd Heath clarifies what constitutes a “claim” under the federal False Claims Act (FCA)…more

Anti-Kickback Statute, Article II, Constitutional Challenges, Corporate Counsel, Department of Justice (DOJ)

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Susan Waller Ramos

USCIS and DHS Announce a Revised Form I-9 and a New Option for Employers to Remotely Examine Employees’ Documents

U.S. Citizenship and Immigration Services (“USCIS”) has announced that a revised version of Form I-9, Employment Eligibility Verification will be available starting August 1, 2023. The current version can be used through October…more

Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Form I-9, Immigration Procedures

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Deborah Ramshaw

Upcoming Changes in Defense Related Procurement: What You Need to Know

When we talk about defense related procurement, we're referring to defense and security contracts which are public contracts. Defense procurement reform has been a significant topic on the House of Commons agenda for some…more

Defense Sector, Effective Date, EU, EU Directive, National Security

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Ripley Rand

Administration's Anti-Corruption Efforts Likely to Yield Greater FCPA Enforcement in Latin America and Beyond

On June 3 of this year, the Biden Administration made plain its commitment to fighting corruption around the world, releasing a document identifying the fight against corruption “as an economic and national security priority”…more

Anti-Corruption, Biden Administration, Blocked Person, Compliance, Corporate Transparency Act

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Claire Rauscher

Crossing Borders with Electronics: Know Your Rights and Risks

With increasing digitalization of our lives and businesses, privacy concerns from border searches of phones, laptops and tables are a growing concern for professionals, executives, and frequent international travelers. U.S…more

Border Searches, Constitutional Challenges, Customs and Border Protection, Data Privacy, Department of Homeland Security (DHS)

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Dillon Redding

Certification and AI in eVTOLs and eCTOLs: Industry Leaders Avoid Autopilot in Bringing Electric Aircraft to Market

This client alert was originally published in Monitor Daily. The march toward electric vertical takeoff and landing aircraft (eVTOL) certification is progressing, though some predict a delay in eVTOLs’ market entry. Leading…more

Aircraft, Artificial Intelligence, Electric Vehicles, Federal Aviation Administration (FAA), Research and Development

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Vicki Redman

WBD Energy Survey and the Innovation Interchange: The Energy Transition for Non-Energy Companies

Energy is the cornerstone of our society and its availability, or lack thereof, touches every corner of our lives and impacts every business, regardless of sector. The availability of affordable energy on-demand is essential to…more

Clean Energy, Climate Change, Construction Industry, Critical Infrastructure Sectors, Electric Vehicles

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Dylon Register

Don’t Miss USPTO’s Lapsing Collaborative Search Option

Recently, the U.S. Patent and Trademark Office provided an additional tool for patent applicants to use in pursuit of foreign patent protection. In 2015, the USPTO partnered with the Korean Intellectual Property Office, or…more

Collaboration, FOIA, Foreign Patent Applications, Japan, KIPO

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Jonathan Reid Reich

Sam Bankman-Fried Case Provides Lessons on Fraud and D&O Insurance

Sam Bankman-Fried’s criminal trial started this week; and on the same day, he sued one of his director & officer insurers. And a lot of people are asking, why? Is the timing a coincidence or on purpose? Shouldn’t he be focused…more

Bad Faith, Commercial General Liability Policies, Commercial Insurance Policies, Criminal Prosecution, D&O Insurance

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Charlie Reid

Global Finance: Today’s Risks and Rewards in an Evolving Industry

The global finance industry has been undergoing a significant shift in recent years, with investment patterns showing a slow but steady pivot towards Low Income, Lower Middle Income, and Upper Middle Income nations, as…more

Africa, China, Electric Vehicles, Emerging Growth Companies, Energy Sector

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Andrew Rennick

Micro-captive Insurance Reportable Transactions and the Reporting Requirements

Certain micro-captive transactions are back to being reportable. On January 14, 2025, the Treasury Department and the Internal Revenue Service (“IRS”) published final regulations (the “Regulations”) that named some micro-captive…more

Captive Insurance Company, Final Rules, Financial Services Industry, Income Taxes, Insurance Industry

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Veronica Renzi

House Republicans Demand Answers on Biden-Era EPA Allocations and Financial Agreements

Congressional Republicans have asked the Administrator for the Environmental Protection Agency (EPA) Lee Zeldin for a briefing on grants and funding awarded by the agency under the Biden Administration, signaling their interest…more

Biden Administration, Clean Energy, Climate Change, Environmental Protection Agency (EPA), Federal Funding

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Jesse Reyes

Significant New Clean Energy and Climate Act becomes law in Massachusetts

On August 11, 2022, Massachusetts Governor Charlie Baker signed into law An Act driving climate policy forward. After months of heavy legislative activity involving a wide range of stakeholders in the clean energy and…more

Agricultural Land, Clean Energy, Climate Change, Electric Vehicles, Energy Storage

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Carrie Richey

What in the [Meta]World?: Abitron Creates More Questions than Answers

At a glance, a unanimous Supreme Court, holding that two provisions of the trademark-governing Lanham Act (15 U.S.C. §§ 1114(1)(a) and 1125(a)(1)) do not apply extraterritorially and extend only to alleged infringement in…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Intellectual Property Litigation, International Trade, International Trademark Protection

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Kimberly Richmond

Federal Court Scraps SEC Private Fund Advisers Rule

In a victory for the private funds industry, the United States Court of Appeals for the Fifth Circuit vacated the SEC’s recently adopted Private Fund Adviser Rule on June 5, 2024. In other words, the controversial rule, which…more

Dodd-Frank, Investment Adviser, Investment Advisers Act of 1940, Private Funds, Retail Investors

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Jake Rifkin

Tender Offer Rules & Regulations: What Private Companies Need to Know

Though more commonly associated with publicly listed companies, tender offer rules and regulations apply to private company transactions as well. Tender offers provide a mechanism for a prospective investor, or the company…more

Investors, Liquidity, Multi-Factor Test, Privately Held Corporations, Regulatory Requirements

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Josh Rifkin

Private Equity Transactions Face Increased Antitrust Scrutiny

Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers,…more

Acquisitions, Antitrust Division, Antitrust Provisions, Biden Administration, Competition

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Jason Rockman

U.S. Patent and Trademark Office Sets 2025 Fee Schedule

The United States Patent and Trademark Office (USPTO) has finalized its fee schedule for 2025. The updated fee schedule is effective on January 19, 2025. It includes increases to most standard office fees…more

Fees, Filing Fees, Surcharges, USPTO

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Frederick Rom

New OSHA Guidance for Recording COVID-19 Cases at Work

On May 19, 2020, OSHA issued revised guidance for recording cases of COVID-19. Under OSHA’s earlier April guidance, most employers effectively were not required to record cases of COVID-19. The new guidance, effective May 26,…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employee Privacy Rights, Infectious Diseases, New Guidance

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Pamela Rothenberg

Safeguarding CRE Companies: Navigating Risks in Revenue Management Software Agreements

In the wake of the DOJ’s pending antitrust lawsuits, CRE companies should include several protections in their vendor agreements that involve the use of revenue management software. This article provides tips to mitigate risks…more

Antitrust Provisions, Commercial Real Estate Contracts, Competition, Contract Terms, Department of Justice (DOJ)

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Jill Rothstein

A “Brief” Hallucination by Generative AI Can Land You in Hot Water

A New York attorney working a personal injury case just learned why it’s called “generative” AI the hard way. In 2022, Robert Mata, represented by attorneys of Levidow, Levidow & Oberman, P.C. (“Levidow”), filed a personal…more

Artificial Intelligence, Model Rules, Professional Misconduct, Rules of Professional Conduct, Sanctions

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Lisa Rushton

The SEC Effectively Ends Climate Disclosure Requirements Under Trump Administration

On Thursday, March 27, 2025, the U.S. Securities and Exchange Commission announced via letter to the U.S. Court of Appeals for the Eighth Circuit that SEC attorneys would no longer defend its climate change disclosure rules…more

Climate Change, Corporate Governance, Disclosure Requirements, Financial Services Industry, Publicly-Traded Companies

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Karl Rutledge

The Importance of Retaining a Grandfathered Gaming Location in Nevada

We have all heard the phrase location, location, location. In the context of gaming in Nevada, grandfathered locations refer to casinos or gaming establishments that have been allowed to continue operations under previous laws…more

Casinos, Gaming, Grandfathered Status, Legislative Agendas, Nevada

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Dean Wayne Rutley

M&A Trends in the Opportunity Economy

The M&A market is at a record pace in 2021. Womble Bond Dickinson attorneys D. Scott Anderson and Dean Rutley discussed the ongoing M&A boom and the factors they see impacting corporate transactions in the near future…more

Acquisition Agreements, Acquisitions, Buyers, Coronavirus/COVID-19, Due Diligence

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Sharon Salcedo

Is Medical Cannabis an Effective Treatment for Autism? A Recent US DHHS Recommendation Renews Hope for Much Needed Research

Autism Spectrum Disorders (ASD) are lifelong neurodevelopmental conditions that usually appear in infancy or early childhood, and for which no single cause has been identified. ASD core symptoms include restricted or repetitive…more

Cannabidiol (CBD) oil, Cannabis Products, Medical Marijuana, Medical Research, THC

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Gemma Saluta

Business Interruption Coverage, OSHA Issues & Workers’ Compensation Issues in the COVID-19 Era

When things are going well, insurance coverage, workers’ compensation and OSHA compliance may not be front-burner issues for companies. But in the COVID-19 environment, such “rainy day” topics are top of mind concerns of company…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities

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Samuel Savanich

Thomson Reuters Emerges Victorious in AI Copyright Battle

Technology often outpaces the law, but a new copyright infringement decision in the U.S. District Court for the District of Delaware shows that the courts are starting to catch up in regulating artificial intelligence (AI),…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Fair Use

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John Scannapieco

Bridging the Gap: Applying Anti-Money Laundering Techniques and AI to Combat Tariff Evasion

In today's global economy, characterized by complex supply chains and escalating trade tensions, tariff evasion has emerged as a significant threat to economic stability, fair competition, and government revenue. Traditional…more

Anti-Money Laundering, Artificial Intelligence, Customs, Enforcement, Evasion

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Scott Schaaf

Federal Enactment of Adjustable Interest Rate (LIBOR) Act

On March 15, 2022, President Biden signed the Consolidated Appropriations Act of 2022 into law, which includes the Adjustable Interest Rate (LIBOR) Act. This legislation establishes a uniform benchmark replacement process for…more

Adjustable Rate Financial Products, Alternative Reference Rates Committee (ARRC), Benchmarks, Consolidated Appropriations Act (CAA), Interest Rates

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Jesse Schaefer

EPA Proposes Replacement to Clean Power Plan

Earlier this week, on August 21, President Trump’s Environmental Protection Agency (“EPA”) proposed a rule pursuant to Section 111(d) of the Clean Air Act (“CAA”) intended to replace the embattled Clean Power Plan (“CPP”) issued…more

Carbon Emissions, Clean Air Act, Clean Power Plan, Comment Period, Deregulation

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Edward Schnitzer

Future Royalties and Bankruptcy: The Royalty Rollercoaster

Be careful when you sell intellectual property (“IP”) in return for future royalty payments. You may think your contract is airtight, guaranteeing you a future annuity on the sales of product relating to your IP, but that might…more

Bankruptcy Code, Commercial Bankruptcy, IP License, Royalties, Sanofi

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Cory Schug

Action Recommended in View of Upcoming Fee Increases for Design Patents

The United States Patent and Trademark Office (USPTO) finalized its fee schedule for 2025, which will take effect on January 19, 2025. This schedule includes significant increases to fees for design patent applications…more

Design Patent, Fees, Filing Fees, Intellectual Property Protection, Patent Applications

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Nathan Searles

[Hybrid Event] Risk-Based Strategies for Using Online Tracking and Personalized Digital Advertising Amid Complaints, Demand Letters and Other Scrutiny - October 24th, Raleigh, NC

California was the first US state with a comprehensive privacy law the California Consumer Privacy Act (“CCPA”), 4 more states followed with omnibus privacy laws effective this year and state legislatures passed 8 more this…more

Advertising, Behavioral Advertising, Continuing Legal Education, Cookies, Data Privacy

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Kimberlynn Seifert

USPTO’s Proposed Terminal Disclaimer Practice: What Happened and What Comes Next?

On May 10, 2024, the United States Patent and Trademark Office (“USPTO”) published a new proposed rule that would require when a patent applicant submits a terminal disclaimer to obviate non statutory double patenting that the…more

Administrative Authority, Administrative Procedure Act, Disclaimers, Double Patent, Federal Trade Commission (FTC)

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Dana Severance

Federal Circuit: Claim Construction Not Forbidden Per Se at Motion to Dismiss Stage

On October 18, 2024, the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), addressing, in relevant part, the propriety of claim construction at the Rule 12…more

Claim Construction, Corporate Counsel, Federal Rule 12(b)(6), Motion to Dismiss, Patent Infringement

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Stephen Sharbaugh

FCC Grants Narrow One Year Effective Date Extension of TCPA Consent Revocation Requirement

Readers may recall that in February 2024, the FCC adopted a Report and Order imposing a number of new TCPA caller and texter compliance obligations in connection with consumer revocation requests, which are applicable to calls…more

Consent, FCC, Financial Institutions, New Regulations, Regulatory Requirements

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Stephen Shaw

Worried About Fake News? You Should Really Worry About Fake Drugs

While the concept of “fake news” continues to trigger Twitter followers and grab headlines, the trade in counterfeit drugs is a worldwide problem of significant scale. This article discusses the problem and talks about some…more

Counterfeit Drugs, Counterfeiting, Marketing, Pharmaceutical Industry, Prescription Drugs

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Sid Shenoy

SEC Adopts Final Rules to Enhance Cybersecurity Disclosure

On July 26, 2023, the SEC adopted new rules to enhance and standardize disclosures pertaining to cybersecurity risk management, strategy, governance, and material cybersecurity incidents. The SEC's decision to introduce these…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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Anna Short-Slightom

North Carolina Adopts Law to Permanently Allow Remote Online Notarization

Last week, Governor Cooper signed House Bill 776 that permanently codifies remote online notarization and restores emergency video notarization. Remote Online Notarization (“RON”) will become effective on July 1, 2023, and…more

Electronic Notarization Standard, Governor Cooper, Notarization, Remote Notarization

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Hayden Silver, III

The AI Governance Imperative: How Industry Leaders are Tackling AI Governance Policy & Why it Matters

In an era where technology is rapidly reshaping industries, AI stands at the forefront, promising unparalleled efficiency and innovation. But as AI tools become integral to business operations, the need for robust AI governance…more

Artificial Intelligence, Data Privacy, Information Governance, Machine Learning, NIST

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Robert Silverman

BEAD Letter of Credit Requirements Relaxed by NTIA Waiver

The National Telecommunications and Information Administration (NTIA) has issued a waiver loosening its irrevocable standby letter of credit (LOC) requirements for the $42.45 billion Broadband Equity, Access, and Deployment…more

Bankruptcy Code, Broadband, Federal Funding, Letter of Credit, NTIA

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Katie Simmonds

Can Artificial Intelligence assist with cybersecurity management?

AI has great capability to both harm and to protect in a cybersecurity context. As with the development of any new technology, the benefits provided through correct and successful use of AI are inevitably coupled with the need…more

Artificial Intelligence, Cybersecurity, Data Security, EU, General Data Protection Regulation (GDPR)

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Jeffrey Simpson

Micro-Captive Reportable Transaction Deadline Effectively Extended

On Friday, April 11, 2025, the Internal Revenue Service issued Notice 2025-24 (the “Notice”), which waives applicable penalties under the Internal Revenue Code to participants in, and material advisors to, reportable…more

Captive Insurance Company, Disclosure Requirements, Filing Deadlines, Insurance Industry, Internal Revenue Code (IRC)

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Rajan Singh

GovTech M&A

A Selection of Evolving Trends in Mergers and Aquisitions - Buyers are aggressively targeting companies with differentiated technology and strategically-positioned intellectual property…more

Acquisitions, Blockchain, Buyers, Commercial General Liability Policies, Cybersecurity

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Maggie Singletary

Automated External Defibrillators: An Untapped Source of Medical Records?

An estimated 350,000 out-of-hospital cardiac arrest deaths occur each year in the U.S. Approximately 10% of those who experience out-of-hospital cardiac events survive. Use of automated external defibrillators (AED), however,…more

Data Collection, Data-Sharing, Electronic Medical Records, Medical Devices, Medical Records

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Rose Smalley-Gordon

More for Your Money – Cost Savings on UK/EU Trademark Protection

In the current climate, we understand that businesses are looking to make cost savings while maximizing the return on their spend. Here are some simple measures that organizations should explore to make the most of their funds…more

EU, Intellectual Property Protection, Member State, Trademark Application, Trademark Registration

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Stephanie Smiertka Riley

Delaware Court of Chancery Reminds Delaware Counsel of the Court’s Expectations

The Delaware Court of Chancery is the nation’s preeminent business court due to the large number of businesses that call Delaware home. Both Delaware state and federal courts require Delaware counsel to be actively involved in…more

Business Court, Business Entities, Business Litigation, Corporate Counsel, Corporate Governance

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Ben Smith

Supreme Court Resolves Circuit Split and Finds Federal Gratuities Inapplicable to State and Local Officials

On June 26, 2024, the U.S. Supreme Court issued an opinion in a public corruption case that could have a lasting impact on how the U.S. Government prosecutes corruption and procurement fraud cases involving state and local…more

Bribery, Compliance, Corruption, Criminal Convictions, Criminal Prosecution

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Greg Smith

Trump Administration’s ‘Regulatory Sprint’ Includes Revisions to Stark Law and Anti-Kickback Statute

On October 9, 2019, the Centers for Medicare and Medicaid Services (CMS) released two proposed rules: Modernizing and Clarifying the Physician Self-Referral Regulations and Fraud and Abuse; Revisions to Safe Harbors under the…more

Anti-Kickback Statute, Beneficiary Inducement, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Comment Period

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Alison Smullen

Impact Investing: A Growing Trend For Foundations On Both Sides Of The Pond

The last few years have seen an increasing number of foundations engage in a wide spectrum of impact investing i.e. investing to generate a social return and further their mission or a social purpose, rather than investing to…more

Charitable Donations, Foreign Investment, International Tax Issues, Investors, IRS

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Peter Snaith

Weathering the Storm: Contract Strategies for Supply Chain Resilience in the UK and US

In the post-Covid era, we are all familiar with the concept of supply chain disruption. International supply chains have been impacted by war in Ukraine, geopolitical tensions, extreme weather events and climate change. They are…more

Business Interruption, Corporate Counsel, Distributors, Force Majeure Clause, Manufacturers

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Stephen Snyder

FERC's Co-Location Conundrum: Balancing Grid Reliability with Data Center Development as PJM's Tariff Faces Scrutiny

FERC's Order Signals Transformative Change While Navigating Jurisdictional Limits: While FERC recognizes the urgent need to address co-location arrangements (particularly given the AI/data center boom), the intricate interplay…more

Data Centers, Electricity, Energy Sector, Federal Power Act, FERC

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Howard Solodky

Radical New Partnership Audit Rules

Last week, President Obama signed H.R. 1314, the Bipartisan Budget Act of 2015 (the “Legislation”), which dramatically changes the manner in which partnerships (and LLC’s taxed as partnerships) are audited and taxed by the IRS…more

Audits, Bipartisan Budget, IRS, Partnership Agreements, Partnerships

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Lane Songer

Chew on this...Xylazine Legislation Is Here

Xylazine is a non-scheduled, non-opioid sedative/analgesic medication that is widely used in veterinary medicine. Xylazine was first produced by Bayer Pharmaceuticals in 1962, but investigations for use in humans were not…more

Controlled Substances, Controlled Substances Act, DEA, Public Health, Schedule I Drugs

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Patrick Spaugh

Peloton Pays CPSC $19 Million for Failure to Report and Reselling Recalled Products

As 2022 came to a close, the U.S. Consumer Product Safety Commission (CPSC) had one last order of business. On December 28, 2022, the CPSC provisionally accepted a settlement agreement with Peloton Interactive, Inc. (“Peloton”),…more

Civil Monetary Penalty, Consumer Product Safety Commission (CPSC), Corporate Liability, Enforcement Actions, Failure to Report

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Marjorie Spivak

Frontier Communications Faces Multiple Class Action Lawsuits After Data Breach

Frontier Communications (Frontier) faces three class action lawsuits in relation to a cyber data breach in which the criminal ransomware group, RansomHub, stole personally identifiable information (PII) of over 750,000 Frontier…more

Class Action, Cyber Attacks, Cybersecurity, Data Breach, Personally Identifiable Information

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Theresa Sprain

[Event] Agile Work Programs - The Good, the Bad, and the Uncertain - November 30th, Raleigh, NC

With the pandemic, businesses battled the overnight shift to almost entirely remote workforces while faced with unprecedented challenges to keep the lights on. While many organizations have “returned to work,” most have adopted…more

Continuing Legal Education, Dobbs v. Jackson Women’s Health Organization, Employee Privacy Rights, Employment Policies, Events

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Randel Springer

Supreme Court Rules in Favor of Slants Rock Band

On Monday, June 19, 2017, the U.S. Supreme Court (“SCOTUS”) invalidated a 70-year-old provision of U.S. trademark law that previously barred registration of “offensive” trademarks. The high court held that the federal government…more

Disparagement, First Amendment, Football, Free Speech, Lanham Act

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Martin Stern

FCC Grants Narrow One Year Effective Date Extension of TCPA Consent Revocation Requirement

Readers may recall that in February 2024, the FCC adopted a Report and Order imposing a number of new TCPA caller and texter compliance obligations in connection with consumer revocation requests, which are applicable to calls…more

Consent, FCC, Financial Institutions, New Regulations, Regulatory Requirements

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Stuart Stogner

Reimagining Legal Operations: The Law Department of the Future

Legal departments exist within the overall businesses they serve. With that has come a recognition that the business of doing law is a core component of how in-house legal services are delivered, and ample guidance must be given…more

Chief Legal Officers, Client Services, Corporate Counsel, Corporate Law Departments, Legal Operations

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Edward Stone

Torturous Treatment of Transatlantic Trusts

I say Settlor… The popularity of lifetime trust giving in the UK has been on a downward trend since April 2006 when the Labour government introduced reforms specifically aimed at stopping trusts “being used to shelter wealth…more

Inheritance Tax, International Tax Issues, Tax Avoidance, Tax Planning

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Jamie Stone

Weathering the Storm: Contract Strategies for Supply Chain Resilience in the UK and US

In the post-Covid era, we are all familiar with the concept of supply chain disruption. International supply chains have been impacted by war in Ukraine, geopolitical tensions, extreme weather events and climate change. They are…more

Business Interruption, Corporate Counsel, Distributors, Force Majeure Clause, Manufacturers

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Sarah Motley Stone

Recent FCA Investigations at Universities: A Closer Look at Cybersecurity Compliance

In recent years, the U.S. Department of Justice has ramped up its examination of cybersecurity compliance among federal contractors, with a particular focus on academic institutions…more

Compliance, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), Department of Justice (DOJ)

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Susan Strebel Sperber

Colorado Bill Restricts Non-Compete Agreements and Creates Substantial Penalties for Violations

A Colorado law will take effect in August 2022 that substantially changes what is permissible for non-compete and non-solicitation employment agreements. Currently, Colorado allows employers to require non-compete…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Labor Reform, Labor Regulations

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Rebecca Stringer

GDPR Compliance Task Force - One Month to Go

The EU’s General Data Protection Regulation goes into effect on May 25, 2018. GDPR replaces the EU Data Protection Directive. GDPR can apply to US-based businesses even if they do not have offices or employees in the EU. It can…more

Breach Notification Rule, Cybersecurity, Data Processors, Data Protection, Data Protection Officers (DPOs)

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Patrick Strubbe

The Importance of Understanding Force Majeure Clauses in Contracts Amid Recent Disasters

In recent years, natural disasters have become increasingly frequent and severe, disrupting industries and communities worldwide. Events such as Hurricane Helene and the extreme weather conditions experienced in Western North…more

Acquisitions, Business Interruption, Business Losses, Contract Negotiations, Contract Terms

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Thomas Stukes

Updated COVID-19 Frequently Asked Questions Released by the CMS

On August 26, 2020, the Centers for Medicare and Medicaid (CMS) released an updated Frequently Asked Questions (FAQ) guide for questions related to COVID-19 and the public health emergency (PHE). The guide supplements the…more

1135 Waivers, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers

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Michael Sullivan

American Home Furnishings Association Spotlights new Voluntary Safety Standards for Tip Restraint Devices

Customer safety related to preventing tip-over accidents is a top priority for furniture manufacturers and federal regulators alike. In April 2023 the ASTM 2057-23 voluntary standard became mandatory when the CPSC determined it…more

Consumer Product Safety Commission (CPSC), Consumer Protection Laws, Furniture Industry, Safety Standards

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Matthew Sweger

Court Ruling Reinstates Corporate Transparency Act Enforcement; Filing Deadlines Now Set

On February 18, 2025, the nationwide injunction against enforcing the Corporate Transparency Act (CTA) was “stayed” by Eastern District Court Judge Jeremy Kernodle (citing the Supreme Court’s ruling in Texas Top Cop Shop), and…more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, Filing Deadlines, FinCEN

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Brett Switzer

Current Trends and Real-World Best Practices in Healthcare Fraud Compliance

Recently, Womble Bond Dickinson held its First Annual Health Care Fraud Symposium, a webinar designed to discuss critical healthcare fraud topics. WBD Partner Joe Whitley moderated a discussion with WBD attorneys Luke Cass, Lee…more

Antitrust Investigations, Antitrust Provisions, Compliance, Coronavirus/COVID-19, Criminal Investigations

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Jeffrey Tarkenton

Windstream Bankruptcy Court Slams Charter Communications for Violating Automatic Bankruptcy Stay, Holds Company in Contempt

The breadth and scope of the Bankruptcy Code’s automatic stay and the potential cost a company may face for violating the stay made national news last week in a dust-up between two telecom providers, when the U.S. Bankruptcy…more

Attorney's Fees, Automatic Stay, Bankruptcy Code, Bankruptcy Court, Chapter 11

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Angel Taveras

United States Supreme Court Sending Chilling Messages for Future of the Voting Rights Act and Redistricting Challenges

For 57 years, the Voting Rights Act has served as a remarkably effective bulwark against state-level attempts to restrict voting rights, particularly for Black and minority voters. But voting rights are under attack in state…more

Article I, Certiorari, Gerrymandering, Racial Gerrymandering, Redistricting

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Helen Tavroges

HMRC's Online Register of Trusts: Why You May Need to Take Action Now

If you are the trustee of a non-UK trust which has UK assets or UK sources of income, you need to take action before 5 March 2018 or face potential civil and even criminal penalties. The EU's Fourth Anti-Money Laundering…more

Anti-Money Laundering, Beneficial Owner, Corporate Crimes, EU, Financial Conduct Authority (FCA)

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Kristen Thall Peters

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate…more

Commercial Real Estate Contracts, Construction Contracts, Contract Terms, Data Centers, Environmental Social & Governance (ESG)

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Amanda Thatcher

Update: CTA Filing Requirements Are "On" - Compliance Required by January 13, 2025 (for most reporting companies)

On December 23, 2024, the Court of Appeals for the Fifth Circuit stayed the nationwide injunction enjoining the U.S. government from enforcing the Corporate Transparency Act (the “CTA”) and the corresponding reporting…more

Appeals, Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act

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Michael Thelen

New Year Resolutions Triggered by Senate Bill 382

After the North Carolina General Assembly overrode Governor Cooper’s veto of Senate Bill 382, which became Session Law 2024-57 (the “New Law”), we published a client alert describing the state-wide effect of the New Law…more

Administrative Authority, Community Development, Congressional Override, Governor Vetoes, Land Developers

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Brian Thomas

Iowa on the Brink of Embracing Captive Insurance

Iowa is on the brink of becoming the next state to embrace captive insurance companies. On April 24, the Iowa Senate unanimously passed Senate File 549 (SF 549), as amended, “a bill for an act relating to captive insurance…more

Captive Insurance Company, Governor Reynolds, Insurance Industry, Pending Legislation

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Ryan Thompson

Preparing For the Return of Dealer Distress

Over the last five years, auto and equipment dealers experienced a period of low inventory levels with high margins on the limited inventory they had for sale and lease. Used automotive and equipment wholesale and retail prices…more

Acquisitions, Audits, Automotive Industry, Car Dealerships, Collateral

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Matthew Tilley

Competition and Antitrust Law Enforcement Act Proposes Wholesale Changes to U.S. Antitrust Law

Executive Summary: Congress is considering proposed legislation would substantially rewrite U.S. antitrust law. If approved, the “Competition and Antitrust Law Enforcement Act of 2021” would increase the compliance burden on…more

Antitrust Provisions, Competition, Federal Trade Commission (FTC), Mergers, Proposed Legislation

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Andrew Tingley

Brexit – Deal or No Deal. The immigration implications

As the prospect of the United Kingdom leaving the European Union creeps ever closer, one wonders whether the last two years could have been better dealt with by Howie Mandel in the US or Noel Edmonds in the United Kingdom…more

Article 50 Treaty of the EU, EU, Foreign Nationals, Immigrants, Immigration Procedures

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Trevor Tomlinson

Powering the Digital Future: Navigating the Nuclear Option for Data Centers

Modern data centers are the foundation of our information society and now use artificial intelligence to generate new forms of machine intelligence and learning – though at the cost of considerable energy consumption. Their…more

Clean Energy, Data Centers, Electricity, Energy Projects, Energy Sector

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Jeffrey Topor

Courts Repeatedly Dismiss Cases Where Plaintiffs Are Unable To Plausibly Allege Viable Claims Under The Fair Credit Reporting Act

The entire spectrum of furnishers – from national banks to fintechs, finance companies to servicers, debt purchasers to collection agencies – have faced a recent onslaught of cases filed by consumers under the Fair Credit…more

Consumer Lenders, Credit Reports, Dismissals, Fair Credit Reporting Act (FCRA), Financial Services Industry

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Wilka Toppins

USCIS Proposes Significant Fee Increases for Immigration Services; Will Impact U.S. Employers and Foreign Investors

On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a Notice of Prospective Rulemaking proposing a sweeping fee hike for immigration services across the board. The proposed fee increases range between 40…more

Comment Period, Department of Homeland Security (DHS), Fees, Filing Fees, Foreign Investment

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Chris Towner

WBD Energy Survey and the Innovation Interchange: The Energy Transition for Non-Energy Companies

Energy is the cornerstone of our society and its availability, or lack thereof, touches every corner of our lives and impacts every business, regardless of sector. The availability of affordable energy on-demand is essential to…more

Clean Energy, Climate Change, Construction Industry, Critical Infrastructure Sectors, Electric Vehicles

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Jessica Tresham

How to Navigate Pitfalls in Major Projects

Delivering major construction projects has always been challenging. The current global climate will necessitate more of these projects, while at the same time making their delivery more difficult. Understanding and mitigating…more

Construction Contracts, Construction Disputes, Construction Industry, Construction Managers, Construction Project

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Andrew Tuggle

Trade Update: Navigating Trump Administration Tariffs - Reciprocal Tariffs and Further Developments

Since early 2025, the Trump administration has imposed a series of broad sector- and country-specific tariffs. These measures were significantly expanded on April 2, 2025, with the announcement of a global tariff regime grounded…more

Canada, China, Exports, Imports, International Emergency Economic Powers Act (IEEPA)

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Paul Turner

Regional Hydrogen Hubs: Developing the Transit for Energy Transition

Although reliance on coal has been declining, even in 2021, coal still supplied over 10% of the United States’ energy consumption, according to the EIA. But, in a matter of approximately 15 years, many hope that Verne’s vision…more

Clean Energy, Department of Energy (DOE), Electricity, Energy Projects, Energy Sector

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Masami Izumida Tyson

BEAD Program to Drive Rural Broadband, Economic Development and Onshoring of Foreign Businesses in Key Southeastern States

Providing fast, reliable broadband service in 2023 is every bit as important as providing electricity was in 1933 in rural America. Without high-quality broadband, rural areas (many of which already face economic challenges)…more

Biden Administration, Broadband, Critical Infrastructure Sectors, Economic Development, Federal Funding

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JD Uglum

Crypto Regulatory Roundup - Q1 2025

Since President Trump’s inauguration, the crypto industry has been on a tear. And no, this time, we’re not just talking about the price of Bitcoin. In the past two months, Washington D.C. has taken a deliberate interest in the…more

Banking Sector, Banks, CFTC, Cryptocurrency, Digital Assets

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Chris Underwood

April 19 Sunrise Deadline to Register Brands in Alternative Root Domains Such As (dot)NFT

A new internet frontier is opening, one that is not associated with or controlled by the Internet Corporation for Assigned Names and Numbers (ICANN) and shares little in common with the more well-known and used TLDs such as…more

Blockchain, Brand, Brand Registry, Domain Name Registration, Domain Names

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Mark Vaders

Peloton Pays CPSC $19 Million for Failure to Report and Reselling Recalled Products

As 2022 came to a close, the U.S. Consumer Product Safety Commission (CPSC) had one last order of business. On December 28, 2022, the CPSC provisionally accepted a settlement agreement with Peloton Interactive, Inc. (“Peloton”),…more

Civil Monetary Penalty, Consumer Product Safety Commission (CPSC), Corporate Liability, Enforcement Actions, Failure to Report

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Jennifer Van Kirk

New Trademark Scam

Over the years many clients have forwarded to us scam trademark mailings. These mailings come from various official-sounding sources, all of which seek money to allegedly take action regarding the client’s trademarks. However,…more

Email, Fraud, Intellectual Property Protection, Phishing Scams, Risk Management

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Lee Van Voorhis

A New Era for Merger Filings: Final HSR Rule Imposes More Burden (But Far Less than Previously Proposed Rule)

On October 10, the Federal Trade Commission and the Antitrust Division of the Department of Justice issued the Final Rule amending the Premerger Notification Rules and propounding new Hart-Scott-Rodino (“HSR”) filing forms and…more

Antitrust Division, Corporate Counsel, Department of Justice (DOJ), Federal Trade Commission (FTC), Final Rules

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Stephen Vaughan

[Webinar] Title IX Hearing Officer Training - November 10th, 10:00 am - 4:30 pm ET

With the additional procedural requirements imposed by the 2020 Title IX Regulations, Womble Bond Dickinson’s higher education team is pleased to invite you and your team to participate in its upcoming Title IX/VAWA trainings…more

Colleges, Dating Violence, Domestic Violence, Educational Institutions, Investigations

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Travis Vest

Are You Taking Advantage of NAICS Codes Appeals To Compete For Small Business Set-Aside Contracts?

When a federal agency issues a small business set-aside contract, it uses North American Industry Classification System (NAICS) codes to determine the size standard that will apply to that contract. The agency must select the…more

Bid Solicitation, Federal Contractors, NAICS, SBA, Set-Aside Contracts

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Lester Vincent

USPTO Launches Semiconductor Technology Pilot Program to Expedite Patent Examinations and Support the CHIPS Act

The US Patent and Trademark Office (USPTO) launched the Semiconductor Technology Pilot Program on December 1, 2023 for patent applications for processes or apparatuses for manufacturing semiconductor devices. Applications that…more

Expedited Actions Process, Patent Applications, Patents, Semiconductors, USPTO

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José Luis Vittor

[Webinar] U.S. Anti-Corruption Enforcement in Latin America - November 19th, 12:00 pm - 1:15 pm ET

Latin America has been the focus of considerable attention by the DOJ. Despite strong ties based on trade, shared values and democratic traditions, Latin America is being tested with new and precarious challenges from aggressive…more

Anti-Corruption, Biden Administration, Department of Justice (DOJ), Enforcement, FEPA

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Joshua Wabnik

SEC Marketing Rule: Fintech Enforcement Actions

This alert highlights recent artificial intelligence (AI)-related enforcement actions that the Securities and Exchange Commission (SEC) has brought against investment advisers under the SEC's "Marketing Rule." The enforcement…more

Algorithms, Artificial Intelligence, Enforcement Actions, FinTech, Fund Managers

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James Walker

Supreme Court Clarifies Shareholder Agreement Valuations for Estate Tax Purposes in Connelly v. United States

Many co-owners of closely held businesses will employ life insurance as a tool for funding the transfer of ownership in the business upon the death or retirement of an owner. In these cases, planning involves the use of…more

Business Succession, Business Valuations, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States

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Kristin Walker-Probst

The CARES Act: How <500 Employee Small Businesses Can Stay Afloat Via The Paycheck Protection Loan Program

In this guide, we will help you determine if a PPP loan is the right option for your business and how to prepare for the application process while we await application guidance from the SBA. On March 27, 2020, President Trump…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA Lending Programs

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Jason Walters

Fax Offering Free Webinar Found Sufficient to be “Unsolicited Advertisement” for Motion to Dismiss

The Fourth Circuit Court of Appeals, in a split decision, gave further insight into what “unsolicited advertisement” means under the TCPA…more

Advertising, Faxes, TCPA, Unsolicited Faxes

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Peter Wand

Supreme Court Clarifies Shareholder Agreement Valuations for Estate Tax Purposes in Connelly v. United States

Many co-owners of closely held businesses will employ life insurance as a tool for funding the transfer of ownership in the business upon the death or retirement of an owner. In these cases, planning involves the use of…more

Business Succession, Business Valuations, Buy-Sell Agreements, Closely Held Businesses, Connelly v United States

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Matthew Ward

Update on Silicon Valley Bank Failure and Recent Actions Taken by the Federal Government to Strengthen Confidence in the U.S. Banking System

On Sunday, March 12, 2023, the Department of Treasury, Federal Reserve and FDIC issued a joint statement confirming that they were taking decisive action to protect the U.S. economy by strengthening public confidence in our…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, Depository Institutions

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William Warnock Jr.

South Carolina Surety Law Update

Sureties may be bound by mandatory arbitration provision in a principal’s contract per a recent ruling by the U.S. District Court for the District of South Carolina. Surety claim representatives must frequently decide whether…more

Arbitration, Construction Industry, Contract Terms, Mandatory Arbitration Clauses, Surety Bonds

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Kurt Weaver

The U.S. Government Says “Open Sesame”: How Science Informs the Regulatory Process

On April 23, the President signed the Food Allergy Safety, Treatment, Education and Research Act of 2021 into law, which declares sesame to be a “major food allergen” and requires labels to specifically disclose the presence of…more

Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA), Food Allergies, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers

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Courtney Wenrick

Mini-TCPA Updates

May was a big month for State Mini-TCPA statutes. Florida passed an amendment to the Florida Telephone Solicitation Act, Fla. Stat. § 501.059 (“FTSA”), New Jersey amended its telemarketing law with Bill S921 (“Seinfeld Bill”),…more

Amended Legislation, Auto-Dialed Calls, Governor Murphy, New Legislation, Prior Express Consent

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Alexander Wharton

USPTO Announces Changes to Patent Issue Timelines and Design Application Examinations

This week, the U.S. Patent and Trademark Office (USPTO) made two announcements of interest to patent holders and practitioners as part of modernization and efficiency efforts..…more

Design Patent, Filing Deadlines, Filing Requirements, Government Agencies, New Regulations

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Jacob Wharton

The US Copyright Office Takes on AI, Part I

Now nearly a year on from its 2023 Notice of Inquiry, the U.S. Copyright Office has now released Part 1 of its findings and recommendations on the legal and policy issues at the juncture between artificial intelligence (AI) and…more

Artificial Intelligence, Communications Act of 1934, Copyright, Copyright Office, Deep Fake

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Brendan White

Colorado PFAS Act Likely Just the Beginning of New PFAS Chemical Regulation

The term “PFAS” has become a “four-letter word” that refers to a common group of perfluoroalkyl and polyfluoroalkyl chemical substances, which are the subject of increasing regulation. There are several key takeways from this…more

CERCLA, Environmental Protection Agency (EPA), New Legislation, PFAS, Popular

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Jill White

EEOC Releases New Guidance on Retaliation Claims

According to the Equal Employment Opportunity Commission (EEOC), in 2015, retaliation claims made up to 45 percent of all private-sector charges filed with the agency. In recognition of the growth in the number of these claims…more

Adverse Employment Action, Discrimination, Employer Liability Issues, Enforcement Guidance, Equal Employment Opportunity Commission (EEOC)

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Joe Whitley

The UK's Failure to Prevent Fraud Offense

Effective September 1, 2025, the UK’s Failure to Prevent Fraud offense will go into effect as part of the UK’s Economic Crime and Corporate Transparency Act 2023 (the ECCTA). The law significantly expands corporate liability for…more

Anti-Corruption, Compliance, Compliance Dates, Corporate Liability, Enforcement Priorities

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Jeffrey Whittle

How the Lashify Decision Could Expand IP Enforcement Strategies at the ITC to Protect U.S. Domestic Industry

A recent decision by the U.S. Court of Appeals for the Federal Circuit expands which intellectual property (IP) owners can seek relief before the U.S. International Trade Commission (ITC) to block the import of infringing…more

Imports, Intellectual Property Litigation, Intellectual Property Protection, International Trade Commission (ITC), Misappropriation

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Jeffrey Widdison

What Is President Biden’s Affirmative Relief Announcement?

On June 18, 2024, President Biden announced new pathways to legal immigration status for two groups: college-educated “Dreamers” and certain American family units…more

Biden Administration, DACA, Green Cards, Immigration Procedures, Non-Immigrant Visas

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C. Mark Wiley

Legal Guide to Starting a Business in the United States

Starting a business in the United States can open doors for massive opportunity and success. Along the way, however, businesses will encounter a number of legal and regulatory hurdles. This “Guide to Starting Business in the…more

Business Formation, Choice of Entity, Corporate Structures, Corporate Taxes, Employer Liability Issues

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Sarah Wilk

Coronavirus Stimulus Legislation: Tax Credits and Other Business Programs

This final alert in our four-part series on coronavirus stimulus legislation covers the various other significant stimulus proposals focused on businesses contained in the Democrat’s Health and Economic Recovery Omnibus…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Employee Retention, Financial Stimulus

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Chloe Williams

The Race to Renew: North Carolina Addresses Recording Requirements for Binding Lease Renewal Options

A recent North Carolina Court of Appeals decisions underscores the importance of properly recording lease terms and renewal options. North Carolina’s Connor Act (codified as N.C. Gen. Stat. § 47-18) provides that North…more

Commercial Leases, Commercial Property Owners, Contract Terms, Leases, Real Estate Transactions

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Jace Williams

Supreme Court Rules Copyright Claims Timeless with Timely Filing

On Thursday, May 9, the U.S. Supreme Court ruled that plaintiffs in copyright litigation no longer are bound by a three-year statute of limitations for bringing a claim to recover damages…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Protection

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Wyatt Williams

The Seminole Tribe of Florida wins in West Flagler Associates v. Haaland

After three long years, the Seminole Tribe of Florida, a leader in the fight for Tribal gaming rights, appears to have just won its latest battle – this one over a Tribe’s ability to offer mobile sports betting throughout the…more

Department of the Interior, Equal Protection, Gaming, Indian Gaming, Indian Gaming Regulation Act

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Drew Wilson

You Want Me to Waive What???

Anyone who has participated in adventure sports from SCUBA diving to whitewater rafting has seen it before: the document where you sign your life away. The best of them ask you to fill your name out at the top and then to…more

Class Action, Negligence, Notice Requirements, Recreation, Risk Management

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Tripp Wilson

[Webinar] Dollars and Sense: How to Integrate ESG into Compensation Programs - June 23rd, 12:00 pm - 1:00 pm EDT

The program will address important issues related to incorporating ESG into compensation programs, including: - What has pushed ESG to the forefront of compensation design (i.e., what stakeholders are influencing these…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Executive Compensation, Incentives

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Al Windham

Alert: New Mexico Is a Step Closer to Legalizing the Supervised Use of Psilocybin

We’ve previously highlighted psilocybin as an alternative treatment for various neuropsychiatric disorders, including anxiety, depression, and PTSD, along with legislative efforts at the state and federal levels to legalize and…more

Health Care Providers, Life Sciences, Mental Health, Pending Legislation, Prescription Drugs

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JD Wooten

Willful Infringement, Opinion Letters, & Post-Halo Trends

This short article aims to review recent trends in findings of willful patent infringement and enhanced damages, both in volume of motions made and the success rate of those motions. However, to appreciate current trends since…more

Enhanced Damages, Halo v Pulse, New Guidance, Opinion Letter, Patent Infringement

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Pin Wu Ph.D.

Tech Giants' Pledge: Responsible AI Development for a Safer Future

On Friday, July 21, 2023, the White House announced that Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI voluntarily committed to numerous principles for the responsible development of artificial intelligence…more

Amazon, Artificial Intelligence, Automated Systems, Big Tech, Facebook

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Jason Wyman

CFPB Issues Circular to Address Consumer Reporting Dispute Investigation Questions

On November 10, 2022, the CFPB published a circular addressing perceived problems with the Consumer Reporting Agencies (“CRAs”) and furnishers handling of disputes. See Circular 2022-07. As is well-known, the FCRA requires…more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Consumer Reports, Fair Credit Reporting Act (FCRA), Financial Services Industry

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Christine Xiao

Navigating the New DOJ Data Security Program Compliance

On January 8, 2025, the U.S. Department of Justice (“DOJ”) issued its final rule to implement Executive Order 14117 aimed at preventing access to Americans' bulk sensitive personal data and government-related data by countries…more

China, Compliance Dates, Covered Transactions, Cuba, Data Privacy

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Ziyan Xue

Cross-Border Data Transfers Under China’s Personal Information Protection Law

In February 2023 Cyberspace Administration of China (the “Cyberspace Administration”) published rules on Standard Contractual Clauses for transfer of personal information to third countries pursuant to China’s Personal…more

China, Cybersecurity, Data Protection, Data Security, International Data Transfers

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Stephanie Yarbrough

The New Automotive Age: Electric Vehicles and Real-Life Implications for the Automotive Industry

Electric vehicles (EVs) have become a hot topic due to increased consumer adoption and a global focus on Net Zero carbon emissions by 2050. Rising gas costs and lower EV prices have made consumers view EVs as more affordable…more

Automotive Industry, Electric Vehicles, Inflation Reduction Act (IRA), Motor Vehicles

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Martha Zackin

Federal Agencies Begin Implementing DEI/DEIA-Related Executive Orders

In the first two months of President Trump’s second term, his administration has sought to redefine “illegal” diversity, equity, and inclusion (“DEI”) and diversity, equity, inclusion, and accessibility (“DEIA”) programs…more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies, Enforcement Priorities

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Noah Zedek

Free, Prior, and Informed Consent & Indigenous Consultation in Mining Development

This series has surveyed a breadth of permitting reform issues, most recently regarding tribal consultation within the United States. International mineral development permitting in or near areas of indigenous cultural and…more

Consent, Energy Projects, Informed Consent, Mining, Native American Issues

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Belton Zeigler

AI, Data Centers and Electric Energy

AI driven electric demand is forcing utilities to rethink their approach to connecting new data center customers to the grid. Until quite recently, many utilities had generating capacity to sell and competed for new customers…more

Artificial Intelligence, Data Centers, Electricity, Energy Projects, Infrastructure

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Ting Zheng

AI has Achy Breaky Time in Tennessee (Protecting Artists’ Voices)

Tennessee has passed a law, considered one of a kind, geared at deterring unauthorized use of an individual’s voice via artificial intelligence (AI). Tennessee’s new AI law is inspired by the state’s close connection with many…more

Artificial Intelligence, Artists, Jack Daniels Properties Inc v VIP Products LLC, Music, Music Industry

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Meng Zhong

If You Have to Explain Your Joke, It’s Not Funny

After his recent acquisition of Twitter, Elon Musk announced sweeping changes to the platform. Among them is his crusade to suspend accounts impersonating others unless the account “clearly” specifies the account is for parody…more

First Amendment, Parody, Trademark Infringement, Trademark Ownership, Trademarks

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Katherine Zimmerman

Study Estimates Several Hundred Cancer Cases as a Result of First Nuclear Test

Some New Mexico residents have for decades sought recognition and compensation from the US government for injuries they alleged they suffered as a result of fallout exposure from the first test of an atomic bomb. A new study…more

Cancer, Compensation, Explosions, Nuclear Waste, Nuclear Weapons

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