Crowell & Moring LLP (LexBlog United States)

2762 results for Crowell & Moring LLP (LexBlog United States)

  • Fastest 5 Minutes: OFCCP, Kickbacks, False Claims Act, Proposed Legislation

    This week’s episode covers OFCCP’s new proposed Directive regarding Functional Affirmative Action Programs, DOJ’s settlement with a contractor to resolve alleged violations of the False Claims Act and Anti-Kickback Act, the latest on the government’s authority to dismiss a relator’s qui tam action pursuant under the False Claims Act, and the proposed legislation entitled “Stop...

  • Celsius Networks’ Warnings Highlight Crypto Bankruptcy Risks

    Celsius Networks (“Celsius”) became the latest cryptocurrency platform to raise market temperatures by halting all withdrawals, swaps and transfers from and between its customers’ accounts on June 12, 2022. Celsius touted a next wave of “unbanking,” operating a lending platform allowing the holders of digital assets the opportunity to earn a significantly high returns on...

  • Revlon May Signal Another Wave of Retail Bankruptcies

    With the beginnings of the coronavirus pandemic, 2020 brought an onslaught of retail bankruptcy cases. Lord & Taylor, Ascena Brands, Neiman Marcus and JC Penny, among many others – not less than 52 in total. As the economy recovered from the initial shock of the pandemic, the number of retail bankruptcy cases subsided in 2021. According...

  • Procurement Collusion Strike Force Nabs Another Military Contractor in Bid Rigging Scheme

    On June 23, 2022, a federal grand jury returned an indictment against Army contractor Envistacom LLC and two of its executives alleging participation in a fraudulent scheme that deprived the federal government of competition and making false representations to the government in furtherance of the conspiracy. The indictment also charged the executive as a co-conspirator,...

  • State AG Updates: June 16-22, 2022

    Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates. Multistate A coalition of 50 state attorneys general, Puerto Rico, and the District of Columbia announced a settlement against global pharmaceutical company Mallinckrodt, resolving allegations that from January 2013 until June 2020 it...

  • FTC Updates (June 13-17, 2022)

    This week, the Commission announced that it blocked a hospital merger in Utah and New Jersey and ordered an oil and gas divestiture in Michigan. The FTC also issued a policy statement on exclusionary rebates and fees in prescription drug pricing and submitted a report to Congress on combatting online harms through innovation. Commissioner Noah...

  • FTC Updates (June 6-10, 2022)

    The past week witnessed a big win to the FTC—its lawsuit against RCG Advances, LLC and its owner Robert Giardina has resulted in a permanent ban and return of more than $2.7 million to consumers. In the meantime, the Commission is sending checks totaling more than $164,000 to consumers who were harmed by a bogus...

  • State AG Updates: June 9-15, 2022

    Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates. Multistate A coalition of 31 attorneys general urged the U.S. Food and Drug Administration (FDA) to reject marketing authorization for all non-tobacco nicotine products, which are currently being sold without regulatory constraints on...

  • Second Circuit Reminds Practitioners That A Plausible Claim for Trade Secret Misappropriation Must Detail the Reasonable Measures Used to Protect the Alleged Secret

    A recent decision by the Second Circuit reminds litigants that a party asserting a trade secret misappropriation claim under the federal Defend Trade Secrets Act (DTSA), or New York law, must detail in a pleading “the “reasonable measures” employed to maintain the secrecy of the alleged trade secret. In Turret Labs USA, Inc. v. CargoSprint, LLC, No....

  • Lessons from Recent Cryptocurrency Bankruptcy Case: Cred, Inc.

    Given the recent media coverage and growing concerns among investors over the risks associated with a bankruptcy filing of a cryptocurrency exchange, it feels timely to highlight some issues that arose in the Chapter 11 cases of Cred Inc. and certain of its affiliates (collectively, “Cred”) also discussed on Crypto Digest. The story of Cred...

  • CBP Issues its Uyghur Forced Labor Prevention Act (UFLPA) Operational Guidance for Importers

    On June 13, 2022, US Customs and Border Protection (CBP) issued CBP Publication No. 1793-0522, its UFLPA Operational Guidance for Importers (Operational Guidance). The Operational Guidance was issued by CBP to assist the trade community with its preparation for the UFLPA rebuttable presumption, which is set to go into effect next week on June 21,...

  • GAO Finds Key Person “Unavailable” Despite Still Being Employed on Date of Award

    After a recent Court of Federal Claims (“COFC”) decision limited the circumstances under which a departure of key personnel may doom an offeror’s proposal, an even more recent GAO decision might have swung the pendulum right back. In Sehlke Consulting, LLC, GAO sustained a protest because the agency failed to penalize the awardee when a proposed key person...

  • Restrictive Covenants in the Fifth Circuit

    Restrictive covenants not to compete, or non-compete agreements, are one of a variety of tools companies use to protect their trade secrets and competitive advantage. However, whether a court will enforce a restrictive covenant varies widely across jurisdictions, including across states within the Fifth Circuit. For example, the Louisiana statute governing restrictive covenants applies a two-year

  • State AG Updates: June 2-8, 2022

    Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates. Multistate A coalition of 41 state attorneys general issued a letter to the Federal Communications Commission (“FCC”) applauding its ongoing work to combat robocalls and pledging to make a good faith effort to...

  • Fastest 5 Minutes: Small Business, Inflation, Clean Energy Technologies

    This week’s episode covers a new SBA final rule about calculation of employee-based size standards, a False Claims Act settlement involving small business status, DOD’s guidance about impact of inflation on contractors, and the White House’s use of the Defense Production Act to accelerate domestic production of clean energy technologies, and is hosted by Peter...

  • FTC Updates (May 30-June 3, 2022)

    The FTC had a busy week, taking multiple actions against alleged scammers and pyramid schemes in the finance and credit industries. In merger news, the agency announced a workshop on pharmaceutical mergers, and it took enforcement actions related to several mergers in a variety of industries. The FTC also issued a report showing that consumers...

  • Sanctions/Export Highlights [As of June 9, 2022]

    Sixth Round of EU Sanctions As previewed in last week’s weekly highlights, the EU published a new round of sanctions on June 3, 2022, which includes a wide range of new restrictions.  Key provisions are summarized below. The EU now prohibits the purchase, import, or transfer of Russian-origin crude oil and certain petroleum products.  Although...

  • Does Elon Musk Have a Point? The Impact of Bots on Twitter Revenue.

    The news of Elon Musk’s $42-44 billion offer to purchase Twitter, and his apparent cold feet, have spread far and wide. Speculation has swirled that his offer was a politically-motivated stunt and that he never intended to actually follow-through with the deal. More recently, however, Musk has publicly demanded more information from Twitter regarding its so-called “bots” and he has...

  • State AG Updates: May 26-June 1, 2022

    Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates. California California Attorney General Bonta filed an amicus brief in support of local prosecutors’ authority to enforce state consumer protection laws against national banks in People v. Credit One. Credit One filed a...

  • Senate Revises Antitrust Bill Aimed at Curbing Self-Preferential Conduct by Online Platforms

    On May 25, 2022, following markup in the Judiciary Committee, Senator Amy Klobuchar introduced an amended version of the American Innovation and Choice Online Act (“AICOA”), an antitrust bill we previously reported on that aims to curtail self-preferential conduct by certain online platforms. The revised bill now carves out telecommunications providers and financial service companies from the...

  • President Biden Employs Defense Production Act and Tariff Act in Domestic Clean Energy Manufacturing Push

    On June 6, 2022, President Biden issued a White House Fact Sheet (“Fact Sheet”) outlining President Biden’s “Bold Executive Action to Spur Domestic Clean Energy Manufacturing” along with five related Defense Production Act (“DPA”) Presidential Determinations[1] (“Presidential Determinations”) and a Declaration of Emergency and Authorization for Temporary Extensions of Time and Duty-Free...

  • CBP Issues Minimal UFLPA Guidance: What We Know Based on WRO Detentions of Goods Alleged to be Made from Forced Labor in the XUAR Region.

    With just over two weeks until the Uyghur Forced Labor Prevention Act (UFLPA) goes into effect on June 21, 2022, U.S. Customs and Border Protection (CBP) has issued very minimal guidance to the importing community on how it will enforce the legislation. In webinars and meetings conducted by CBP last week, CBP stated that it...

  • State AG Updates: May 12-18, 2022

    Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates. Multistate In light of increased baby formula shortages due to recalls and supply chain disruptions, New York Attorney General Letitia James posted a warning to retailers that price gouging is illegal. Similarly, Georgia Attorney...

  • State AG Updates: May 19-25, 2022

    Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates. Multistate A multistate coalition of state attorneys general announced a $19.2 million settlement with Ford Motor Company. The settlement resolves allegations that the company made misleading statements about the fuel economy of its 2013–2014...

  • FTC Updates (May 23–27, 2022)

    The FTC has placed Twitter in the hot seat again for privacy related practices that it alleges impacted over 140 million users. The Commission has also resolved actions pertaining to alleged magazine subscription scams and credit card laundering. In addition, the FTC is turning to the public to gather information regarding the recent infant formula shortage. These stories...

  • Cryptocurrency Trading Agreements

    Institutional investors trading cryptocurrencies generally engage cryptocurrency brokerage firms to manage trade execution, clearing and settlement logistics in the digital asset marketplace, where trading infrastructure remains highly fragmented. When evaluating a cryptocurrency broker, an investor’s business concerns – like the broker’s technological capacities, fees, security protocols and...

  • In the bag (for now): Hermès survives motion to dismiss in MetaBirkin NFT lawsuit

    Earlier this year, Hermès filed a trademark infringement suit against Los Angeles-based designer Mason Rothschild for creating and selling faux-fur digital renditions of the luxury Hermès Birkin handbags and using a collection of 100 NFTs, titled “MetaBirkins,” to authenticate the digital images.[1] In response, Rothschild filed a motion to dismiss Hermès’ trademark infringement claim under...

  • FTC Issues Long-Awaited Updates to the Endorsement Guides

    On May 20, 2022 the Federal Trade Commission’s (“FTC”) Commissioners unanimously approved a request for public comment on proposed updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides” or “Guides”). In the draft revisions, released last week, the FTC seeks to update the Endorsement Guides and provide new examples...

  • California AG Interprets “Inferences” Under CCPA

    The California Office of the Attorney General issued its first opinion interpreting the California Consumer Privacy Act (CCPA) on March 10, 2022, addressing the issue of whether a consumer has a right to know the inferences that a business holds about the consumer. The AG concluded that, unless a statutory exception applies, internally generated inferences that a business...

  • California AG Interprets “Inferences” Under CCPA

    The California Office of the Attorney General issued its first opinion interpreting the California Consumer Privacy Act (CCPA) on March 10, 2022, addressing the issue of whether a consumer has a right to know the inferences that a business holds about the consumer. The AG concluded that, unless a statutory exception applies, internally generated inferences that...

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