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On February 7, 2025, Delaware Governor Matt Meyer signed into law Delaware House Bill 40 (“HB 40”), which amends Chapter 459, Volume 84 of the Laws of Delaware and Titles 6, 29 and 30 of the Delaware Code relating to the registration of trade names. What You Need to Know: Amongst other changes, this...
The rise of dupes and counterfeits in influencer marketing highlights the need for transparency and vigilance. As companies like Amazon and Nike aggressively pursue legal action, influencers and brands must prioritize ethical practices to protect their reputations and avoid legal pitfalls. This...
This month’s Friday Five covers an appellate ruling on a complicated case raising both state and federal claims, an instance of procedural improprieties in the administrative review process informing the court’s substantive benefits decision, an equitable ERISA claim for an administrator’s payment...
The Federal Communications Commission (“FCC”) lacks the authority to impose rules on broadband internet and mobile broadband providers, according to a recent ruling from the United States Court of Appeals for the Sixth Circuit. The ruling effectively ends the fight over Net Neutrality rules, which...
The FTC and DOJ have updated 2016 antitrust guidelines regarding antitrust issues implicated by certain kinds of agreements impacting employees and labor markets. Businesses and their HR personnel need to understand that the new guidelines are a source of explanation concerning how certain...
Generative AI (GenAI) is transforming the business landscape, unlocking new possibilities for innovation, productivity, and efficiency. As with any major shift, GenAI comes with its own risks, particularly in intellectual property (IP) and legal compliance which organizations must navigate to fully...
For the past decade, many courts have found class action waivers in consumer contracts to be valid and enforceable under the Federal Arbitration Act. However, recently, the Allegheny Court of Common Pleas in Pittsburgh recognized not all clauses warrant enforcement in Pierce v. FloatMe Corp., No. GD...
ALERT UPDATE: The Federal Trade Commission ("FTC") published the annual revision to the Hart-Scott-Rodino ("HSR") thresholds and filing fees on January 22, 2025. See Federal Register: Revised Jurisdictional Thresholds for Section 7A of the Clayton Act . The new thresholds and filing fee schedule...
This month’s Friday Five explores recent decisions including the standard of review for ERISA benefit denials, whether structural conflict entitles a claimant to conflict-of-interest discovery, whether a “relative value units” analysis warrants equitable tolling, whether the administrative record...
December 2024 was an active month for the U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"). OCR announced (i) a $1.19 million civil monetary penalty ("CMP") against Gulf Coast Pain Consultants, LLC d/b/a Clearway Pain Solutions Institute ("GCPC"); (ii) $548,265...