Baker & Hostetler LLP (LexBlog United States)

3747 results for Baker & Hostetler LLP (LexBlog United States)

  • Method of Treatment Claims Are Not Invalid for Lacking Written Description or Enablement Simply Because the Treatment Is Not Safe or Efficacious in Some Patients

    The Federal Circuit’s recent decision in United Therapeutics Corp. v. Liquidia Techs., Inc., No. 2022-2217, 2023 WL 4695903 (Fed. Cir. July 24, 2023), provides an interesting discussion on the written description and enablement of method of treatment claims where treatment of a subset of patients may not be safe or efficacious. Claim 1 of U.S. Patent...

  • An Interesting New Proposal on Obtaining COPPA Verified Parental Consent

    Whether your focus is privacy, advertising or both, there is a good chance that you have bumped into some thorny issues involving the Children’s Online Privacy Protection Act (COPPA). In general, COPPA prohibits websites or apps from collecting “personal information” from children under the age of 13 without first obtaining verified parental consent (VPC). Through...

  • The Weekly Hill Update

    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 are in session. HEADLINES HOUSE SENATE WHITE HOUSE

  • Judge Confirms What We All Already Knew About FDA Serving Sizes

    A potato-chip brand once famously boasted, “No one can eat just one.” And of course, no one can. But according to the Food and Drug Administration (FDA), you aren’t going to eat more than 16 (or 28 grams), because that is the “serving size” on the nutrition facts label. But seriously, who stops at 16...

  • Consumers Know It Really Is a Barbie World

    Integrated Marketing Promotions: How Do Brand Tie-Ins Work? I’m a Skipper in a Barbie world. Even if the brunette little sister doesn’t make an appearance, I can’t wait to see the Barbie movie this weekend. Warner Bros. is rolling out the red carpet for Mattel’s leading lady in advance of the debut of this summer’s...

  • Allow Me to Introduce Myself

    Hello from the other side! For the past 15 years, I’ve been a member of an elite squad: in-house ad law counsel. In-house counsel do it all – from negotiating multimillion-dollar media deals to rush redlining nondisclosure agreements. And they often do it wearing old band tee shirts and using pens from home. Time and resources are tight, and the best legal teams know how to support their...

  • Ripple Decision Makes Waves Finding Some XRP Sales Not Securities

    On July 13, 2023, the U.S. District Court for the Southern District of New York issued its highly anticipated summary judgment decision in the U.S. Securities and Exchange Commission’s (SEC) action against Ripple Labs, Inc. (Ripple) and two of its senior leaders, Bradley Garlinghouse and Christian Larsen.  Significantly, the Court found that blind sales of...

  • That House FTC Oversight Hearing Sure Was Something

    Last week, the House Judiciary Committee held an oversight hearing regarding the Federal Trade Commission (FTC or the Commission). FTC Chair Lina Khan was the sole witness appearing at the hearing. The FTC’s written testimony was typical – a detailed description of everything the FTC has been up to for the past year or so,...

  • Kraken Loses Bid to Avoid Turning Over Customer Information to IRS

    In a recent ruling, a California federal judge held that Kraken, an online cryptocurrency exchange program, has to turn over user information to the IRS as a result of a John Doe summons originally served on Kraken in 2021. The IRS launched Operation Hidden Treasure in May 2021 in an effort to root out tax...

  • FTC Launches Anticipated Investigation of OpenAI Inc.

    It was only a matter of time before the Federal Trade Commission (FTC) initiated a law enforcement investigation focusing on artificial intelligence (AI). It is not an exaggeration to say that the FTC has been hinting at, and sometimes outright foreshadowing, such actions for years. The frequency of these communications has only increased over the...

  • Stablecoin Pilot Launches; Crypto Fund Report Published; Senate Seeks Crypto Tax Input; Numerous Crypto Enforcement Actions Announced; NFTs Hacked

    In this issue: • Company Announces Stablecoin Pilot; BIS Publishes Reports on CBDCs• Bitcoin ETF Applications Refiled, Crypto Hedge Fund Report Published• Report Provides Data on Top NFT Royalty Earnings• Senate Finance Committee Members Seek Input on Digital Asset Taxation• Multiple DOJ and CFTC Actions Target Crypto Spoofing, Hacks, and Fraud• DOJ, SEC, CFTC, and...

  • The Weekly Hill Update

    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 are in session. HEADLINES HOUSE SENATE WHITE HOUSE

  • Another Setback for the FTC in Microsoft and Activision Blizzard Proposed Merger

    This past Tuesday, July 11, a federal judge ruled against the Federal Trade Commission’s (FTC) request to the District Court of Northern California to issue a preliminary injunction against Microsoft’s proposed $69 billion acquisition of Activision Blizzard. The FTC filed a brief notice the next day indicating that it intended to appeal that decision to...

  • Fireside Chat Series: Bulls, Bears, and Blockchain

    Join BakerHostetler for our series of Fireside Chats about the latest developments impacting the capital markets and their participants, and the blockchain industry. In light of the historic “SEC Speaks” event being canceled this year and the uptick in the SEC’s enforcement and rulemaking docket, the next event in this exciting series will take place July...

  • Under the POWR Act, Colorado Workplace Harassment Law Departs from Federal Standards

    In the next two months, significant changes are coming to Colorado’s Anti-Discrimination Act, otherwise known as CADA. The Protecting Opportunities and Workers’ Rights (POWR) Act creates a new, lower standard for workplace harassment, in addition to limiting the enforceability of nondisclosure agreements and creating new recordkeeping obligations for employers. The POWR Act was signed by...

  • Fireside Chat Series: Bulls, Bears, and Blockchain

    Join BakerHostetler for our series of Fireside Chats about the latest developments impacting the capital markets and their participants, and the blockchain industry. In light of the historic “SEC Speaks” event being canceled this year and the uptick in the SEC’s enforcement and rulemaking docket, the next event in this exciting series will take place July...

  • BakerHostetler Welcomes Powerhouse Advertising Partner in Chicago From WPP

    Sarah La Voi joins BakerHostetler’s Chicago office as a partner in the firm’s Digital Assets and Data Management Practice Group and a member of the Advertising, Marketing and Digital Media team. La Voi joins from WPP, where she served as general counsel, Commercial Legal and Business Affairs, Americas; her previous roles also include assistant deputy general counsel for Publicis...

  • Recapping the FTC Rulemakings Initiated Since 2021 – A Lot of Announcements and Just a Few Developments

    It has been just over two years since Lina Khan was appointed FTC Chair, and a hallmark of her tenure on the consumer protection side has been the enormous amount of rulemaking initiated by the agency. For a while, the agency seemed to be announcing some new rulemaking nearly every month. Well, the new rule...

  • Supreme Court Holds That a Case Should Be Stayed Automatically When a Party Appeals a Decision Not To Arbitrate It

    While several recent Supreme Court decisions have garnered significant headlines, the Court’s late June ruling in Coinbase, Inc. v. Bielski, (Case No. 22-15), likely flew under the radar for the national media outlets. For practitioners who frequently deal with motions to compel arbitration, however, the justices’ 5-4 decision resolves a circuit split and follows the majority...

  • Dissecting the Supreme Court’s Decision Concerning Affirmative Action and Any Implications It May Have for Private Employers

    *Thank you to Olivia Williams, Matt Berger, Delores Chichi, Mitch Robinson and Jennifer DeVlugt for their contribution to this Alert. Key Takeaways In a 6-3 decision, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) (available here) that affirmative...

  • Greenwashing or Hair Washing?

    When it comes to advertising disputes, there are relatively few substantive decisions to inform best practices. The relevant law boils down to whether a claim constitutes “misleading or deceptive advertising,” which means plaintiffs and defendants typically find it in their best interest to settle rather than face the uncertainty of trial. Even competitors are more...

  • Five Stars for Speedy Delivery – FTC Takes a Quick and Major Step Toward Regulating Online Review Practices

    Part 2 in a Series on the FTC, Reviews and Endorsements A lot of ink has been spilled on many of the pending Federal Trade Commission (FTC) consumer protection rulemakings – commercial surveillance, subscription services and earnings claims, to name a few. But the rulemaking on reviews and testimonials has been a bit under the...

  • Crypto Firms Expand Offerings; FATF Publishes Virtual Assets Update; CFTC Continues Crypto Enforcement; Israeli Agency Seizes Hezbollah Crypto

    In this issue: • Crypto Firms Expand Offerings in Stablecoins, Private Key Management• FATF Publishes Targeted Update on Virtual Assets• Nevada Financial Regulator Seeks to Place Crypto Custodian into Receivership• CFTC Announces Multiple Enforcement Actions Alleging Digital Asset Fraud• Israeli Agency Seizes Hezbollah Crypto; Illicit Crypto Report Published Crypto Firms Expand Offerings in...

  • FTC Proposes Sweeping Changes to HSR Reporting Requirements

    On June 27, the Federal Trade Commission issued a press release announcing proposed changes to reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR). The proposed changes will substantially increase the information that must be gathered and reported in connection with an HSR filing. These changes, if adopted, would multiply the...

  • FTC Revises Endorsement and Testimonial Guides

    Part 1 in a Series on the FTC, Reviews and Endorsements As we have written several times, the FTC has a lot on its plate with respect to rulemaking and proposed revisions to existing Guides. But that load just got a tad bit lighter, as the FTC released its revisions to the Endorsement and Testimonial...

  • The FTC’s Latest Made in the USA Case Is a Reminder of the Different Ways the Agency Can Still Get Money Post-AMG

    The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories.  Since 2021, when the FTC promulgated the Made in the USA Rule (Rule), we have gotten accustomed to seeing MUSA cases that...

  • Congress Seeks to Eliminate the Judicial Exceptions to Patent Eligibility

    On June 22, Senator Thom Tillis (R – NC) and Senator Chris Coons (D – DE) introduced the Patent Eligibility Restoration Act of 2023, which seeks to eliminate all judicial exceptions to patent eligibility.[1] The bill proposes that “[a]ny invention or discovery that can be claimed as a useful process, machine, manufacture, or composition of...

  • FDA Clarifies Prohibition on Wholesaling Under Section 503B of the Federal Food, Drug, and Cosmetic Act

    On June 27 the Food and Drug Administration (FDA) published Prohibition on Wholesaling Under Section 503B of the Federal Food, Drug, and Cosmetic Act; Draft Guidance for Industry. In this draft guidance, the FDA provides examples of activities prohibited by the wholesaling provision and not prohibited by the wholesaling provision. Congress created “outsourcing facilities” in...

  • The Weekly Hill Update

    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 are in session. HEADLINES HOUSE SENATE WHITE HOUSE

  • Watch Out for Common Law Users in Online Enforcement

    Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. These consumer product brands often experience online infringement and counterfeiting issues, so recording their registered trademarks with brand registries and participating in an online enforcement program can help with identifying infringements and streamlining the...

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