• 12.04.19

    Disgorgement: One Less Arrow in the SEC’s Quiver?

    Can the Supreme Court’s 2017 decision in Kokesh v. SEC, which found that disgorgement is a penalty and not an equitable remedy for statute of limitations purposes, be logically expanded to spell the end of the SEC’s long-standing and widely accepted practice of seeking disgorgement from ...

  • 12.02.19

    Content Changes Challenge YouTube Creators; FTC to the Rescue

    Changes to YouTube’s policy with regard to the labeling of videos with child-directed content have creators struggling to achieve compliance.

  • 12.02.19

    California’s ‘Housing Crisis Act of 2019’

    SB 330, signed into law on October 9, 2019, and effective January 1, 2020, substantially limits the ability of municipalities to disapprove housing projects, condition housing projects to reduce density, or levy excessive standards on housing projects that raise costs and extend the permitting ...

  • 11.27.19

    Supreme Court Books ‘Booking.com’ Trademark Dispute

    The Supreme Court has agreed to answer the question of whether the addition of “.com” can transform an otherwise generic term into a protectable trademark.

  • 11.27.19

    FTC Closes Inquiry Into Textile Act Violations

    Continuing its focus on country-of-origin claims, the Federal Trade Commission (FTC) recently closed an investigation into claims made by Thomaston Mills about its products covered by the Textile Products Identification Act.  

  • 11.27.19

    Photographer Doubles Down On Tweet Copyright Protection

    The issue of copyright protection for a tweet embedded in news stories has popped up again in New York federal court.

  • 11.26.19

    Whistleblower Protections Begin to Take Center Stage

    As “whistleblower” issues pervade national headlines, lawmakers in some jurisdictions, including New York, have recently sought to expand existing whistleblower protections.

  • 11.26.19

    CFPB News: Enforcement Updates, New Interpretive Rule and Well-Being Report

    In recent Consumer Financial Protection Bureau (CFPB) news, the CFPB notched a $59 million victory in Wisconsin federal court, settled an enforcement action on employment background screening and published an interpretive rule easing the requirements for a temporary loan originator license.  

  • 11.26.19

    Bill Would Expand Interest Rate Cap

    A new bill introduced in both houses of Congress would extend the Military Lending Act’s (MLA’s) 36 percent per annum interest rate cap to all consumer borrowers, not just military service members. The change would affect all MLA-covered loans.  

  • 11.25.19

    Significant Post-ACA International Developments

    On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC.