RECORDED WEBCAST

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.

Construction claims, which typically arise from disagreements, failed obligations, or violations on construction contracts, can be challenging and time-consuming. Failure to effectively manage and resolve such disputes can have a profound effect on a project’s lifecycle and deter good relationship between parties.

As threats of cybercrime continue to rise and become more aggressive, the need for effective and efficient cybersecurity platforms has never been more crucial than now. With the current state of cyber-attacks nowadays, companies need to become smarter in planning their protection programs. Response-based solutions are no longer enough.

The False Claims Act (FCA) is one of the federal government's most powerful tools to combat fraud in various industry sectors. By revisiting and regularly updating its approaches, the government continues to affirm its intent to pursue FCA claims.

The commercial real estate (CRE) industry continues to develop this 2020. Of notable significance are the general commercial real estate trends and their impact on leasing, bringing the Society of Industrial and Office Realtors (SIORs) to pay more attention to the unique developments in their markets as well as the needs of consumers and owners of the property they serve.

Patent investigations brought under International Trade Commission (ITC) have seen an upward trend in recent years. Consequently, as several types of products and components are imported in the U.S., an increase in patent litigation is also expected – a scenario that may put a large number of U.S. companies and their consumers at risk.

By repealing the Professional and Amateur Sports Protection Act (PASPA) in a 6-3 decision last 2018, the Supreme Court cleared the way for U.S. federal states to legalize sports gambling. The act, which previously defined the legal status of sports betting in the U.S., was found unconstitutional on the grounds of states' rights. With the decision, states have been given the freedom to decide the legality and limitations of sports betting within their borders. However, with the ever changing legal climate, any initiative taken going forward will tremendously impact the industry as a whole.