Legal (CLE)

In the U.S. and Canada, courts have designed the doctrine of obviousness-type double patenting (ODP) to prevent inventors from gaining an unjust extension of their patent rights by obtaining patent on the obvious variants of an invention. By rejecting and invalidating ODP, courts prevent the manipulation of issue dates and patent rights by patentees.

With the growing competition in the marketplace and the increasing number of antitrust claims, the Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) continue to intensify its crackdown on anticompetitive conduct across all industries. The FTC recently announced the creation of an internal task force that would monitor and investigate potential antitrust violations arising in the technology markets.

Also known as claim construction hearing, the Markman hearing is a significant proceeding in a patent infringement case. Getting it right is crucial to the success of a case.

Effective calculation of intellectual property damages is a crucial factor in any IP litigation. However, with significant court cases constantly shaping the process, several risk issues including apportionment analysis, royalty base issues, and damages calculation methodologies must be carefully considered to avoid unwanted risks and pitfalls.

Special-purpose acquisition companies (SPACs), also known as “blank-check companies,” have recently reemerged as a feasible acquisition vehicle for many private companies. The sole purpose of SPACs is to purchase other companies by raising capital through initial public offerings (IPOs).

In fall of 2019, a final rule to amend the "Volcker Rule" was approved by the Federal Reserve Board and other agencies charged with implementing the Volcker Rule. In January 2020, the agencies proposed further revisions to the covered funds provisions of the Volcker Rule, requesting comment by April 1, 2020.

The regulatory landscape for the cannabis industry continues to evolve as it reaches new heights both in the U.S. and Canada.

The implementation of anti-corruption programs has become more proactive over the past years. Multinational corporations have continued to prioritize investments with strong anti-corruption initiatives. Additionally, jurisdictions have taken significant measures to improve their legislative framework against bribery by requiring businesses to follow internal policies and regulations.

In May 2019, the US Treasury Department’s Office of Foreign Assets Control (OFAC) published a framework for OFAC compliance. The core elements of the guidance are aimed at creating a tailored risk-based strategy to ensure sanctions compliance across an organization. It also outlines five components of a compliance program and it includes an appendix identifying the root causes of compliance breakdowns and deficiencies. To mitigate risks, it is imperative for companies to assess the adequacy of their OFAC compliance programs and to tailor them to target risks relevant to the business.

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.