Womble Bond Dickinson (JD Supra United States)

2003 results for Womble Bond Dickinson (JD Supra United States)

  • The ESG Movement: Why All Companies Need to Care

    Environmental, Social, and Governance (ESG) issues are at the forefront of conversation in virtually every sector. Last month, Womble Bond Dickinson launched its “Doing Well by Doing Good” campaign, a thought leadership series focused on ways in which environmental and social governance impact business. The series kicked off with a keynote presentation by Pamela Cone, Founder and CEO of Amity...

  • So What Are You Good for Anyway?

    Speaking truth is often unappreciated. The answer to “does this make me look fat?” is never “yes, because you are fat to begin with.” As business lawyers, one of our most difficult tasks is to discuss weaknesses in a client’s company or business model. Nobody wants to hear that their baby is ugly.

  • Legal Guide to Starting a Business in the United States

    Starting a business in the United States can open doors for massive opportunity and success. Along the way, however, businesses will encounter a number of legal and regulatory hurdles. This “Guide to Starting Business in the U.S.” reflects the incalculable number of personal, legislative, health and safety and business changes that have resulted from the COVID-19 pandemic. While many of the...

  • Brain Interfaces Bring Us Closer to a Life of the Mind

    As we learn more about the human brain, we can begin to wonder if the rest of the body is necessary. Improved brain-machine interfaces are showing us how much can be accomplished by tapping directly into our thoughts.

  • Eleventh Circuit Reverses Summary Judgment in Favor of Experian in FCRA Claim

    The Eleventh Circuit Court of Appeals recently reversed summary judgment entered in favor of Experian Information Solutions, Inc. (“Experian”) in a Fair Credit Reporting Act claim brought by Henry Losch (“Losch”) finding not only that Losch had standing to bring the claims but also that Experian’s investigation of Losch’s credit reporting dispute was not “reasonable as a matter of law.” Losch v.

  • Anti-Money Laundering Update

    Federal agencies have powerful new tools to combat money laundering in the form of the Anti-Money Laundering Act of 2020 (AMLA). The AMLA expands corporate reporting requirements, gives federal investigators greater power to obtain financial records, and imposes stiff penalties for unlawful activity and non-compliance. This Legal Quick Hit also examined comparable anti-money laundering efforts in

  • Update on Zoning Laws and Planning Efforts in the Triangle

    160D & Ordinance Updates: Raleigh, Durham, and Chapel Hill have recently adopted text amendments to update their development ordinances to be consistent with the new NCGS Chapter 160D. New regulations include modified neighborhood meeting and public noticing requirements; clarifying minimum development application requirements; articulates how modifications to zoning applications are regulated,...

  • Unpacking the President’s Executive Order on Digital Security

    Last week this blog discussed the gap between what businesses can afford to spend on protecting their own data and what hostile governments can spend to attack them. We observed that the U.S. government is already helping to fill that gap and could do even more to assist in protection of both commercial and government data stores.

  • U.S. Customs and Border Protection Changes National Interest Exception Adjudication Policy

    Effective immediately, U.S. Customs and Border Protection (CBP) has changed its policy regarding adjudicating requests for National Interest Exceptions (NIE) to Presidential Proclamations 9984, 9992 and 10143 which restrict travel to the U.S. from China, Iran, the Schengen States, the United Kingdom, Ireland, Brazil, and South Africa. Based on the policy change, CBP will only consider processing...

  • FCRA Claim Survives Dismissal Where Plaintiff Alleges Defendant Did Not Have a Permissible Purpose to Access Plaintiff’s Credit Report Based on Prior Discharge of Mortgage Debt in Bankruptcy

    The Northern District of Illinois recently denied a motion to dismiss a FCRA claim finding that the complaint sufficiently alleged that the defendant did not have a “permissible purpose” to access the plaintiff’s credit report for collection of a mortgage debt that the plaintiff alleged was previously discharged in bankruptcy. In Andrea Billups v. PHH Mortgage Corporation, No. 19 C 7873, 2021...

  • The Commercial Gap in Digital Security

    The recent spate of apparently eastern European cyberattacks on important U.S. commercial interests—from SolarWinds to Colonial Pipeline—should force all of us to step back and review how we organize our world. Many crucial points of modern life are simply too vulnerable to being shut down at the whim of a political adversary.

  • Maryland District Court Allows Pro Se Litigant’s FCRA Claim To Proceed Beyond 12(b)(6) Motion

    The U.S. District Court for the District of Maryland recently allowed a pro se plaintiff’s FCRA claim to survive a motion to dismiss. In Carrasco v. M&T Bank, Plaintiff Bryce Carrasco (Plaintiff) opened a new credit card in July 2020 with Defendant M&T Bank (M&T). Plaintiff alleges that he requested to view account documentation online but was advised that he would receive a hard copy in the...

  • The U.S. Government Says “Open Sesame”: How Science Informs the Regulatory Process

    On April 23, the President signed the Food Allergy Safety, Treatment, Education and Research Act of 2021 into law, which declares sesame to be a “major food allergen” and requires labels to specifically disclose the presence of sesame in prepackaged foods. Joining milk, eggs, fish, shellfish, tree nuts, peanuts, wheat and soybeans, sesame becomes the ninth food in the U.S. to be considered a “maj

  • FTC Reaches Largest FCRA Settlement To Date

    On April 29, 2021, the FTC announced a $20 million settlement with Vivint Smart Home, Inc. (Vivint), a national seller of in-home security and monitoring systems, based on violations of the Fair Credit Reporting Act, the FTC Act, and the Red Flags Rule. Per the FTC, the settlement is the largest one to date for an FCRA case.

  • Considerations for Implementing AI/ML in Your Business

    Business technology changes constantly, and every solution we implement has a lifespan. You may have been a Microsoft shop for the past thirty years, but your company is not currently operating on Windows 95. To run a successful company, you need to find advantages anywhere possible.

  • Addressing Government Subpoenas

    Subpoenas from the government can often be viewed as unwelcome intrusions into the business of a passive custodian and its accountholders. With a few fundamentals in place, though, custodians can use subpoenas as an opportunity to show themselves an ally to the regulatory community, to assist in protecting accountholders from fraud, and to test their own internal practices to identify areas that...

  • Inventor Assignments – Problems on the Horizon

    Two weeks ago, the Supreme Court heard oral argument in Minerva Surgical Inc. v. Hologic, Inc. over the rather arcane issue of assignor estoppel. Stop - I can figuratively feel your eyes rolling after reading the phase “assignor estoppel” – “why would I care about that!?” Well, the potential validity of patents developed by your employees that are assigned to (i.e., owned by) your company are...

  • FDA Signals Reporting Requirements for Clinical Trials Enforcement with First-ever Notice of Noncompliance to Drug Maker

    On April 28, 2021, the US Food and Drug Administration (FDA) issued the first-ever Notice of Noncompliance after the drug maker did not comply with its legal reporting obligations for clinical trials upon earlier receipt of a Pre-Notice of Noncompliance from the agency. FDA notified the company that it has 30 days to correct the issue or face up to $10,000 per day in civil monetary penalties or...

  • The Churl Nextdoor

    What gets us into trouble is not what we don’t know. It’s what we know for sure that just ain’t so. (Attributed (probably wrongly) to Mark Twain) - A funny thing happened to me on the way to this blog: I learned that what I thought I knew about moderation of online content and Section 230 of The Communications Decency Act just ain’t so.

  • Schrems II, Reverse Schrems, and Schrems with a Half-Twist from the Pike Position

    Just when you thought it was safe to send your data across the water, the distinctive dorsal fin of Schrems II breaks the surface. The EU, who can barely be convinced that the UK’s data privacy law is “adequate” despite the UK developing its rules as part of the EU for the past 25 years, decides that US business should be punished because the US government monitors some data for information...

  • Regulation of Dark Patterns Protects Consumers on the Web

    When I was in college, I attended an old fashioned tent revival show. My roommate was taking a comparative religion class and I accompanied him to a number of spiritually-focused events outside the frame of most college students’ experiences.

  • FDA Suspends Review for Non-COVID-19 In Vitro Diagnostics (IVD) Submissions and Expects Review Delays in Non-IVD Products

    A year into the current public health emergency, the FDA’s Center for Devices and Radiological Health (CDRH) announced on Thursday, April 15, 2021, that the center is “prioritizing and triaging our work using existing resources in order to focus on our COVID-19 response, resulting in delays in some other work areas.” Dr. Jeff Shuren, Director, CDRH, and Dr. William Maisel, Director, Office of...

  • The Perilous Seas of Prop 65: Safe Harbors Should Not Be Controversial

    Should companies be forced to label their products as containing chemicals “known” to cause cancer despite controversial scientific information? A federal court in California doesn’t think so. On March 29, the U.S. District Court for the Eastern District of California granted a preliminary injunction to the California Chamber of Commerce (“the Chamber”), halting new lawsuits by both the State of

  • Surveillance is All About the (Software) Brain

    Eyes are important, don’t get me wrong. So are ears, noses, tongues, fingers, balance calibration organs and everything else that feeds that massive brain of yours. Salinity detectors in narwhals, electrical sensors in freshwater bottom feeders, echolocation in bats all provide sensory input that humans couldn’t adequately process. Every beast has its own senses relevant to its own living...

  • Windstream Bankruptcy Court Slams Charter Communications for Violating Automatic Bankruptcy Stay, Holds Company in Contempt

    The breadth and scope of the Bankruptcy Code’s automatic stay and the potential cost a company may face for violating the stay made national news last week in a dust-up between two telecom providers, when the U.S. Bankruptcy Court overseeing Windstream’s bankruptcy case ordered Charter Communications to pay Windstream more than $19 million in damages. The automatic stay is triggered immediately...

  • Eleventh Circuit Holds Subsequent FCRA Claim Subject to Arbitration Provision Under Terminated Subscriber Agreement

    In Hearn v. Comcast Cable Communications, LLC, the Eleventh Circuit Court of Appeals held that a FCRA claim arising nearly a year after the termination of a subscriber agreement was subject to the arbitration provision included in the terminated subscriber agreement. 2021 WL 1246263 (11th Cir. 2021). Hearn was a Comcast subscriber, subject to a subscriber agreement (the “2016 Subscriber...

  • Virginia Accelerates Adult-Use Cannabis Legalization

    We previously highlighted the Virginia Legislature’s move to legalize adult-use cannabis. This week the Virginia Legislature passed a bill legalizing adult-use cannabis. In doing so, Virginia greatly accelerated the timeline for legalization.

  • BREAKING: Supreme Court Agrees with Facebook that TCPA’s Autodialer Provision is Narrow

    In a potentially game-changing decision, the Supreme Court today unanimously agreed that the TCPA’s definition of autodialer is narrow. Writing for the Court, Justice Sotomayor determined that “Congress’ definition of an autodialer requires that in all cases, whether storing or producing numbers to be called, the equipment in question must use a random or sequential number generator.” Justice...

  • A Strike Against the Sandbox: Practical Results of Oracle v. Google

    If you want to make big money, offer something that people want, but no one else can offer. The Portuguese sourced spices in the Fifteenth Century. Rockefeller locked up East Coast oil distribution in the Nineteenth Century. AT&T was once the only option for phone calls in much of the last century. They made huge profits.

  • The Legislative Battles Have Begun: Markey and Eshoo Vow to “Fix” The Supreme Court’s Facebook “Error”

    Mere hours after the Supreme Court’s historic decision in Facebook v. Duguid was released, the legislative fight to overturn it began. Not surprisingly, leading the charge is Senator Edward J. Markey (D-Mass.), a member of the Senate Commerce, Science, and Transportation Committee, and one of the original authors of the TCPA. In 2019, Senator Markey proposed legislation that would have redefined...

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