BakerHostetler (JD Supra United States)

4666 results for BakerHostetler (JD Supra United States)

  • Colorado Joins Coalition of States Expanding Antidiscrimination Laws to Include Protections for Gender Identity and Gender Expression

    On May 20, 2021, Colorado Gov. Jared Polis signed into law HB21-1108, known as the Gender Identity Expression Anti-Discrimination Act (the Act). In relevant part, the Act updates Colorado’s nondiscrimination provisions applicable to individuals seeking protection on the basis of “sexual orientation,” including by adding the terms “gender expression” and “gender identity” to 48 areas of state law (

  • Crypto Investment and Payment Products Launch, BiTA Platform Announced, SEC and OFAC Take Crypto Enforcement Actions, FCA Extends AML Exemption

    Crypto Investment and Payments Products Launch, Payment Data Published - Last week Securitize announced the launch of Securitize Capital, which will serve as an investment manager of digital asset funds for institutional and accredited investors seeking exposure to cryptocurrencies and decentralized finance.

  • Digital Art: Collectible or Security?

    Fractionalized non-fungible tokens (NFTs) have become increasingly popular within the ever-developing field of cryptocurrency, particularly in the distribution of digital art. NFTs use the same technology behind cryptocurrencies to create a certificate of ownership for a specific digital file that cannot be copied or forged. Each NFT is unique in value, granting the holder exclusive rights to a...

  • A Pattern of Deceit? SCOTUS to Consider Whether Section 411(b) of the Copyright Act Imposes a Mental State Requirement Akin to Fraud

    On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. See Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20-915.

  • Emerging Chemical Issues – Ethylene Oxide (Part 1 of 5): Why It Matters

    In the past two years, hundreds of lawsuits have been filed against companies based on their emissions of a chemical called ethylene oxide (often referred to as “EtO” or “EO”). Multiple facilities that handle EtO also have been shut down on a temporary or permanent basis, and many others have been subjected to administrative enforcement actions or been required to amend permits and install...

  • Dramatic Increase in the Number of Third-Party Vendor Incidents Emphasizes the Need for Better Vendor Due Diligence Processes

    As reflected in our 2021 Data Security Incident Response Report  2020 saw a sharp spike in the number of incidents involving vendors, which amounted to over 25 percent of the total incidents handled in 2020, and the trend is continuing well into 2021. This spike resulted from companies’ increased reliance on vendors to carry out tasks involving personal information, along with an increased focus...

  • [Podcast] Did Texas Make It Easier to Get Tax Cases into Court?

    The Texas Legislature has passed HB 2080 which tempers Texas' "pay to play" system for judicial review of tax cases and SB 903, which allows taxpayers to skip an administrative hearing on refund cases. Matt Hunsaker, a longtime Texas tax litigator, breaks down these two bills currently sitting on the Governor's desk (as of June 1, 2021).

  • Welcome to the Digital Transformation and Data Economy Newsletter – May 2021 Issue

    At the heart of digital transformation is disruption. That doesn’t always mean the kind of “disruption” that is the darling of VCs and technology blogs. Sometimes, it just means chaos. The sudden influx of software and data issues to a company or organization that is accustomed to a highly regularized way of doing business can set companies scrambling. Please see full Publication below for...

  • Biden Budget and Treasury Green Book Add Details to Expected Far-Reaching 2021 Tax Changes

    The White House and Treasury today released the Fiscal Year 2022 Federal Budget and the Treasury Green Book, which include new details regarding the Biden administration’s American Families Plan and proposed 2021 tax changes – including a proposed retroactive capital gains tax increase to 37 percent to the extent household adjusted gross income exceeds $1 million. The tax changes expected to be...

  • NFTs Launch, Regulators Target Crypto Ads and Scams, Nebraska Passes Digital Asset Bank Charter, Reports Detail Crypto Hedge Funds and Sanctions Evasion

    BD-ATS to Issue Blockchain Securities, Crypto Hedge Fund Report Published - Blockchain-based trading platform tZERO recently announced an agreement with an energy projects funding platform to digitize approximately $25 million of equity interest in an energy fund that will invest in oil and gas assets throughout the United States.

  • Back to Work: Montana Enacts Pro-Employer Changes to Wrongful Discharge Law While Becoming the First State to Protect Employees Based on Vaccination Status

    In a flurry of activity this spring, the state of Montana implemented several changes to how employers may do business in Montana. To start, several amendments to Montana’s Wrongful Discharge from Employment Act (WDEA) provide increased flexibility to Montana employers. In addition, amendments to Montana’s Human Rights Act add new COVID-19-related protections for employees based on vaccination...

  • USPTO Implementing Trademark Modernization Act

    Earlier this month, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rule-making to implement provisions of the Trademark Modernization Act (TMA), which Congress passed in December 2020. The public has until July 19, 2021, to comment on the proposed rule-making before implementation. The proposed rules create new nonuse cancellation procedures, shorten office...

  • Not so Fast: Why Congress May Not Raise Taxes This Year

    When Democrats won the Georgia Senate elections in January, giving the party control of Washington for the first time in more than a decade, progressive lawmakers began promoting a series of sweeping tax increases that they said would help pay for trillions of dollars in planned new spending.

  • California Senate Bill 93: Employers, We Have You Covered

    On April 16, 2021, California Gov. Gavin Newsom signed into law Senate Bill (SB) 93, which requires certain employers to rehire eligible employees who were previously laid off due to the COVID-19 pandemic. To be eligible for recall, laid-off employees had to have been employed by the covered employer for six or more months in the 12 months preceding Jan. 1, 2020. The new law applies to an owner...

  • Unmasking COVID-19 Business Restrictions

    Over the past several weeks, as the number of vaccinated Americans continues to rise, many jurisdictions have eased, or even eliminated, their COVID-19 business restrictions and mask mandates. Most notably, on May 13, 2021, the Centers for Disease Control and Prevention (CDC) issued its “Interim Public Health Recommendation for Fully Vaccinated People”[1] (CDC Recommendation), which was the major

  • The Not-So-Hidden FTC Guidance on Organizational Use of Artificial Intelligence (AI), from Data Gathering Through Model Audits

    Our last AI post on this blog, the New (if Decidedly Not ‘Final’) Frontier of Artificial Intelligence Regulation, touched on both the Federal Trade Commission’s (FTC) April 19, 2021, AI guidance and the European Commission’s proposed AI Regulation. The FTC’s 2021 guidance referenced, in large part, the FTC’s April 2020 post “Using Artificial Intelligence and Algorithms.” The recent FTC guidance...

  • Reports Analyze Bitcoin Price, Energy Consumption; SEC Petitioned on NFTs, NFT Platform Sued; FDIC and FATF Focus on Crypto; Hacks and Fraud Continue

    Reports Analyze Bitcoin Price Crash and Network Energy Consumption - A well-known blockchain analytics company has issued a report commenting on this week’s crash of the prices of cryptocurrency, including bitcoin. The report suggests there are significant differences between this week’s price decline and declines in prior years such as the major price declines in March 2020 and December 2017.

  • [Podcast] The Future of Consumer Redress After Supremes Rule in AMG Capital Management v FTC

    In a highly anticipated recent Supreme Court decision in the case of AMG Capital Management v. FTC, the court ruled in favor of putting the brakes on consumer redress and the commission’s ability to protect consumers from unfair or deceptive practices in the marketplace. BakerHostetler partner Randy Shaheen discusses the ramifications.

  • [Podcast] The Final Three Fall - Economic Presence & Marketplace Facilitator Tax Law Update

    At the end of 2020, only three states with a sales tax had not passed a marketplace facilitator/economic presence package: Florida, Kansas, and Missouri. After this legislative session, those final three holdouts have fallen (maybe). Matt Hunsaker explains.

  • AD-ttorneys@law – May 2021 #3

    CARU Pats Unity Technologies on Back, Sends It on Its Way - Inquiry into possible COPPA violations finds the company clean as a whistle - Kumbaya - Normally our newsletter is filled with reports of chicanery, misrepresentation, and fraud—or accusations of the same, at the very least. But this issue has more than an average share of upright citizens striving for moral rectitude.

  • Seller's Directors Beware: You May Be Liable When the Buyer's Leveraged Buyout Goes Bad

    For the past two decades, courts have afforded directors and officers considerable protection for a good-faith decision to proceed with a highly leveraged sale that ultimately led to bankruptcy or liquidation. Courts are generally reluctant to second-guess directors’ and officers’ decisions to enter into potentially risky transactions. State legislatures have also protected directors and officers,

  • The Weekly Hill Update - May 2021 #2

    Below is this week’s congressional update by BakerHostetler’s Federal Policy team. We’ll continue to post in weeks when both chambers of Congress hold floor votes.

  • Opinion of Wisconsin District Judge Again Illustrates that Arbitration Is a Creature of Contract

    In deciding a reoccurring issue, Judge James D. Peterson of the Western District of Wisconsin found no valid arbitration agreement existed, because of a disclaimer in a 48-page employee handbook. See O’Bryan v. Pember Companies, Inc., Case No. 20-cv-664jdp, 2021 U.S. Dist. LEXIS 88300 (N.D. Wisc. May 10, 2021).

  • Incident Response and Forensic Challenges in a Work-from-Home World

    Our 2021 Data Security Incident Response Report discussed the challenges that organizations are facing with forensic investigations and ransomware recovery in the work-from-home world. Some of the greatest difficulties our clients encountered in the past year involved key components of incident response — communicating with employees, resetting remote user passwords, and deploying endpoint...

  • Market Actors Integrate Cryptocurrency into Payment and Investment Products, More NFTs Launched, SEC Staff Issues Crypto Statement, DeFi Hacked for $14M

    Market Actors Continue to Integrate Cryptocurrency into Payment Systems - According to a press release this week, California-based Silvergate Bank announced that it will become the issuer of Diem USD, a new cryptocurrency “stablecoin” with each Diem USD unit backed by U.S. dollars. Diem USD will reportedly be issued on the “Diem payment system,” a “blockchain-based payment system to support...

  • Good Faith De Minimis Use of a Mark May Defeat a Claim of Trademark Abandonment in the Fifth Circuit

    In Perry v. H.J. Heinz Company, et al. (No. 20-30418 5th Cir. April 12, 2021), the U.S. Court of Appeals for the Fifth Circuit dealt with the issue of whether de minimis use can defeat a claim of trademark abandonment. It can, provided that such use is not made in good faith and not simply to maintain a trademark.

  • Executive Order on Improving the Nation’s Cybersecurity: What Does It Mean for Business?

    In response to recent highly publicized cybersecurity incidents, President Biden signed an Executive Order on May 12, 2021, that contains eight key initiatives aimed at modernizing the federal government’s response to cyberattacks.

  • The Scourge of Ransomware

    Our 2021 Data Security Incident Response Report (DSIR) described ransomware as a scourge. There are stories every day about new threat actor groups and their victims. There are task forces, law enforcement initiatives, discussions by legislators about laws to help address the problem, and real-world impact from operational disruption (such as panic-buying of gas).

  • California Court Affirms Value of Employee Time Punches in Defeating Class Certification

    In a sweet ruling for employers, a California court of appeal affirmed a trial court’s denial of class certification of a meal break claim due to employee timekeeping records. This decision, Salazar v. See’s Candy Shops Inc., is noteworthy, as it explains how employee timekeeping records can be used to defeat class certification following the California Supreme Court’s recent ruling that employee

  • AD-ttorneys@law – May 2021 #2

    BakerHostetler 2021 Data Security Incident Response Report – Disruption and Transformation - The report provides risk mitigation and compromise response intelligence from more than 1,250 data security incidents the firm helped manage responses to in 2020, including ransomware and vendor incidents.

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