Legal (CLE)

Initial coin offerings (ICOs) have become one of the most promising financing instruments today. Because of its considerable advantages, more startup companies are utilizing ICOs for investment opportunities and capitalization.

The cannabis industry has been continuously evolving over the years. Legalizations have become more rampant not just inside the U.S. but also around the globe. However, along with this expanding acceptance are the intensified probes and regulations from federal and state legislators which have created further confusion and conflicts and compromised consumer protection.

The consumer finance industry has been shifting because of the challenges brought by the COVID-19 pandemic. The crisis instigated a profound economic impact on consumer finance companies and spurred financial disputes and litigation.

The Telephone Consumer Protection Act (TCPA) landscape continues to evolve because of recent regulatory revamps. Recently, the Federal Communications Commission (FCC) released a Report and Order to update several TCPA exemptions. The Report and Order codifies existing exemptions for calls to wireless numbers and revises certain TCPA exemptions for calls made to residential telephone lines.

The antitrust law landscape is expected to be significantly altered under the new administration, particularly in light of the changes in the business landscape due to COVID-19. Among the key factors that companies must be aware of include changes to the focus of the Department of Justice (DOJ) and the Federal Trade Commission’s (FTC) approach in combating consolidation and monopoly power, most notably in the area of high tech antitrust.

The year 2020 has seen an upsurge in the number of disputes and investigations concerning trade secret misappropriation, and this is expected to continue in 2021. Currently, a significant number of Federal Bureau of Investigation (FBI) investigations revolve around "Chinese technology theft," which are done either by using insiders or any cyber means. Further complicating the trade secret protection landscape is the new risks posed by the recent shift of companies to remote work.

Over the past years, the government contracts landscape has been an avenue for a myriad of intellectual property (IP) issues and disputes. Due to the increasing pressure during contract performance and contract awarding, contractors grapple when negotiating IP rights putting them at risk.

Through the years, the Uniform Commercial Code (UCC) Article 9 has been a significant help for borrowers and creditors through its governing guidelines on secured transactions. These guidelines regulate the security interests of creditors, who are given the chance to repossess a borrower’s secured property as a collateral to the outstanding debt. However, securing collateral has become a challenge in this evolving regulatory paradigm.

Breach of fiduciary duty lawsuits have been continuously penetrating the business litigation landscape. With claims ranging from theft and self-dealing to usurpation of corporate opportunity, cases can involve partners, shareholders, or creditors.

Litigation finance continues to rise and become a substantial financing tool for everyone today. Because law firms and corporate clients greatly suffered from liquidity constraints and unstable balance sheets brought by the pandemic, they have begun looking for alternative ways to finance legal disputes by engaging with litigation funders. Notably, the increased access to litigation finance has offered considerable advantages and has been widely recognized by bar associations and courts.

Mental well-being is crucial in the legal profession. However, a recently conducted study showed that a huge number of lawyers suffer from depression, anxiety disorder, and problematic drinking. Mental health and substance use issues also occur at a higher rate in the legal industry which is commonly linked to chronic stress and burnout brought by heavy workloads, client issues, and toxic working environment.

The enforcement and compliance landscapes for antidumping and countervailing duties continue to heighten as the number of cases and petitions filed against foreign importers continues to grow. Key issues include the U.S. Customs and Border Protection’s (CBP) increased number of requests for information and notice of actions to foreign importers, the potential expansion of Enforce and Protect Act (EAPA) authority to deter AD/CVD evasion as well as other foreign trade concerns.

The securities law landscape continues to evolve as new regulatory developments emerge. Recently, under the direction of its new Chair, the Securities and Exchange Commission’s (SEC) has been messaging the priorities of its enforcement program, including renewed focus across the agency related to climate change disclosures, cybersecurity, and financial innovation.

The energy sector has been changing constantly over the years, with important regulatory developments and court decisions in the backdrop. While the legal landscape remains uncertain, businesses and their counsel must keep themselves updated with current and emerging developments in the regulatory paradigm.

The securities arbitration and mediation landscapes have been continuously reshaped with rule changes and regulatory enforcements causing complexity for defendants and plaintiffs alike. Furthermore, with the majority of hearings being conducted virtually, issues on security and confidentiality added a significant challenge in the prosecution of current cases.