Legislation that would require apps, their distributors, and other online services to disclose to potential users whether they had ties to the Chinese government or shared data with Chinese authoritie...
The General Motors employee was never diagnosed with any medical condition until after her termination and never sought medical help for any symptoms or conditions from which she was suffering while employed. The single, unsubstantiated statement by a General Motors employee—who was diagnosed with a brain tumor and Persistent Depressive Disorder after she was fired and while her appeal of her termination was pending—telling her supervisor in a pretermination meeting that she was depressed was…
The SEC argues a law firm has not met jurisdictional requirements for its claim that the SEC is being overly vague about crypto asset oversight. The SEC is asking a federal district court to dismiss a lawsuit by a small crypto-focused law firm seeking declaratory relief relating to the Ether digital asset and Ethereum network. According to the SEC, the court lacks subject matter jurisdiction because the law firm has not identified a case or controversy and it does not have standing or a ripe…
Apps that have been banned on U.S. government devices would have to disclose that ban to potential users when distributed on U.S.-based app stores under a bill that cleared the House Energy and Commerce Committee's innovation, data, and commerce subcommittee today. The subcommittee met to mark up five bills, but by CPR 's deadline had only approved one—the Chinese-owned Applications Using The Information of Our Nation (CAUTION) Act (HR 750 ). Introduced by Reps. Kat Cammack (R., Fla.) and…
Harm will be experienced only when the FDA, at some point, authorizes an SIP, and an importer makes a pre-import request, therefore, only an uncertain contingency currently existed and not a concrete risk of harm as required for standing. A federal district court in the District of Columbia has granted the motion to dismiss filed by the Department of Health and Human Services (HHS) in a lawsuit brought by a pharmaceutical industry association seeking to vacate an HHS Final Rule. The challenged…
The consumer had standing to sue the financing company because he plausibly alleged that an air conditioning company was acting as an agent of the financing company when it provided the consumer with the loan documents. The U.S. Court of Appeals for the Eleventh Circuit reversed a finding of summary judgment in favor of a financing company related to alleged violations of the Truth in Lending Act (TILA). The federal district court had found that a customer did not have standing to bring his…
In a major victory for trademark owners, digital artist loses bid to cast his MetaBirkin tokens as protected expression. In a closely watched case testing the ability of trademark owners to police their brands in the exploding virtual marketplace replete with entrepreneurs hoping to profit from creating digital assets evoking real world products, a Manhattan jury has handed a win to French luxury fashion house Hermès in its trademark case against Mason Rothschild, an entrepreneur who created…
The Competition and Markets Authority expressed special concern for the impact of the proposed merger on competing cloud gaming service providers. The United Kingdom’s antitrust enforcer, the Competition and Markets Authority (CMA), announced that it has found a likelihood that Microsoft’s proposed acquisition of Activision will lead to “substantial lessening of competition” (SLC) curtailing video game choice and innovation while raising prices for UK gamers. After Microsoft entered into a…
The worker’s spouse could not assert punitive damages as an independent claim or recover such damages under the state’s wrongful death statute. In an action brought against the manufacturer of a cement mixing truck by the surviving spouse of a worker who died in an accident while cleaning the truck, a federal district court in Indiana granted the manufacturer’s motion for judgment on the pleadings. The wife’s loss of consortium and punitive damages claims were dismissed to the extent they were…
The employer said it fired him due to a business downturn caused by the COVID-19 pandemic, but the former sales manager alleged he was fired because of his heart condition. A company that provides industrial services to oil and gas operators and experienced a downturn in business during the COVID-19 pandemic is not entitled to summary judgment against a former sales manager’s claims that it violated the ADA and Oklahoma law by terminating him in May 2020 because of his heart condition. The…
In case you missed the in-depth coverage of Labor and Employment Law Daily during January, here’s a recap of some key developments in the L&E community. Highlights include : Supreme Court: High Court hears argument stemming from O...
Whatever the rationale, there are important employment-related issues that you need to consider each time you plan to hire in a new jurisdiction. There are many reasons your business might consider hiring in or transferring curren...
Division of Examinations announced its priorities to help regulated entities assess whether they need to improve their compliance programs. The SEC’s Division of Examinations released its 2023 examination priorities which emphasiz...
In the first guilty plea in a case involving insider trading of cryptocurrency assets, Ishan Wahi admitted tipping his brother and another associate ahead of new Coinbase token listings. A former Coinbase insider pleaded guilty We...
The Virginia state House voted 99-0 this week to pass an amended bill that seeks to address unwanted text messages. The amended version of HB 1504 directs the Joint Commission on Technology and Science to consider "the practice of...
The European Commission (EC) announced on Monday that the European Union and India had set up a new Trade and Technology Council (TTC) designed to strengthen their relationship as strategic partners. The TTC will rely on preparato...
A statement on the package that the product was sweetened with monk fruit alone did not support a reasonable inference that the product was “entirely” or “predominantly” sweetened with monk fruit. A federal district court dismisse...
The Committee consists of a core of 13 voting members including the Chair. The FDA announced the renewal of the Cellular, Tissue, and Gene Therapies Advisory Committee by the Commissioner of Food and Drugs (the Commissioner). The ...
According to the Bureau, bank overdraft and non-sufficient fund fees began a decline in late 2022, likely due to bank policy changes. The Consumer Financial Protection Bureau has released a data spotlight report showing bank reven...
Barr calls on financial institutions to address disparities in economic opportunities in the Deep South as inequalities persist. Michael S. Barr, Vice Chair for Supervision at the Federal Reserve Board, in remarks delivered at the...
A squabble over the songs of KC & and The Sunshine Band is quickly tossed. A former member of a prominent 1970s musical group was precluded by the statute of limitations from asserting a claim of ownership over the band’s musical ...
The widower alleged the radio show included comments by a psychic who claimed his wife’s suicide was actually a homicide. The federal district court in Seattle has granted a media company’s motion to dismiss a lawsuit filed by an ...
“Sweetened with monk fruit,” did not promise the product was entirely or predominantly sweetened with monk fruit. The federal district court in San Francisco, California dismissed a consumer’s complaint, which alleged that the lab...
Suits exist alongside FTC and states’ attorneys gGeneral action based on the same facts and allegations filed in September 2022. The Panel on Multidistrict Litigation centralized antitrust actions in the Middle District of North C...
21 U.S.C. § 360i(b)(3) and related FDA regulations do not shield a medical device manufacturer from producing relevant product complaint files in its possession. A magistrate judge granted in part and denied in part the respective...
Consumers should contact the firm for a full refund or a free replacement product. Colgate-Palmolive Company, of New York, is recalling about 4.9 million bottles of Fabuloso Multi-Purpose Cleaner because the product can contain Ps...