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As digital assets and distributed ledger technologies continue to develop, cybercrimes involving cryptocurrencies also worsen. From email phishing to ransomware, hackers have shifted their attacks into more pervasive and malicious forms breaking even the most sophisticated security systems. Thus, the DOJ, together with the National Cryptocurrency Enforcement Team (NCET)

In the face of a global pandemic, bankruptcy mechanisms have become increasingly relevant. With the spike of COVID-19-related business bankruptcy filings, post-confirmation liquidation and litigation trusts have been utilized more frequently. However, the role of these methods in the resolution of Chapter 11 bankruptcy cases also highlights the need for an in-depth understanding

Employee Stock Ownership Plan (ESOP) may not always be a good move for every business because of the complex operating rules and high legal compliance costs that surround it. Many employees remain skeptical due to several issues including lack of diversification, cash flow difficulties, and share price dilution.

The economic disruptions brought by the COVID-19 pandemic, along with recent court cases, have triggered waves of issues in the construction industry.

There has been an upsurge in antidumping (AD) and countervailing duties (CVD) petitions in recent years.  Commerce Department and International Trade Commission practice has evolved with this increase in the caseload.  Not only can these duties be very significant, but some of these new developments make it harder for foreign manufacturers and U.S. importers to assess potential AD and CVD risk.

The Coronavirus Disease 2019 (COVID-19) pandemic has significantly distressed the global market today. Companies suffer from interrupted supply chains and income losses as a result of paralyzed business operations. Practitioners think that this consequential business disruption may lead companies to collaborate with competitors in the hopes of keeping them afloat amidst the troubled economy. However, this move can also potentially violate the competition law.

With the fast-growing problem and increasingly sophisticated threats of cyber security and data breaches, litigation and other related cases continue to hound the landscape. These lawsuits have brought large numbers of damages to individuals and industries, such as consumers and financial institutions over the years.

To deter the increasing number of bribery and corruption offenses among US entities, intensified Foreign Corrupt Practices Act (FCPA) enforcement actions continue to be a focus area this year. Specifically, the FCPA is requiring companies to retain their company’s record “in reasonable detail, [and to] accurately and fairly reflect the transactions and dispositions of [assets]” to conform with the FCPA’s books and records requirements. Failure to comply could lead to legal lawsuits and hefty fines.

Class certification under the Federal Rule of Civil Procedure 23 has been a complex and challenging battle for plaintiffs and defendants alike. With the shifting legal interpretation and stringent analysis, the certification process has become increasingly difficult and costly.

When a certain company is served with a subpoena from the Securities and Exchange Commission (SEC), it indicates that the Commission has obtained sufficient information to get a formal investigation order. It can be harrowing for any business entity to be served with such order as it may have a significant impact on the company’s resources and overall reputation.

Intended to enhance consumer privacy rights and data use transparency, the California Consumer Privacy Act (CCPA) of 2018 is regarded as the most comprehensive privacy law in the U.S. The Act, which went into effect on January 1, 2020, imposes stringent privacy requirements with significant impacts on many entities that do business with California residents.

What's new in trademark law in the age of COVID-19?  Join seasoned trademark law experts, Stephen Jadie Coates (Coates IP) and Maureen Shannon (Rivian Automotive), as they discuss how the ramifications of the pandemic has impacted the practice of trademark law and their perspective on such changes.  Speakers will also discuss recent cases and upcoming regulatory changes. They will also provide the audience with practical strategies for managing trademark issues in a rapidly evolving legal climate.

In recent years, the hope on solving the patent eligibility conundrum is still up in the air. Precedential decisions interpreting and applying Section 101 from both the Supreme Court and the Federal Circuit created tangled patent eligibility rulings that have limited the ability to patent certain technologies. In connection with this, earlier this year, the members of the Senate Judiciary Subcommittee on Intellectual Property, along with members of the House, have produced a draft bill that will revise 35 U.S.C. Section 101. However, this draft bill is not yet available for there are still a lot of details to be discussed, and the proposed legislation is still to be determined.  A mutual effort to produce a consistent subject matter eligibility framework is both an achievement and a raising opportunity for the year ahead.

Intellectual Property (IP) rights are crucial to every business, particularly in the food and beverage industry. Patents, trademarks, design rights, and trade secrets are extremely being valued amidst the rapid proliferation of IP infringement cases in this sector.

Security initiatives have historically been driven by compliance mandates and a healthy dose of fear. But as threats continue to become more sophisticated, so must our efforts in thwarting them. Organizations that used to think “we’re the small company, attackers go for the big organizations with more valuable data” have seen an increase in breaches as attackers shift their focus from the large, heavily secured organizations, to the often easier to breach small, mid, and emerging enterprise businesses.  Automation in attack techniques has made attack targeting more random and democratic, and less protected businesses are experiencing disproportionate impacts.  Shifting from compliance based security to aligning with best practices, specifically the Center for Internet Security (CIS) Top 20 Critical Security Controls, is a great way for an organization of any size to prioritize and progress their security posture.