Federal Court of Appeals Rules That Ownership of Trade Secret Not Necessary to Recover Punitive Damages for Its Theft
Sheppard, Mullin, Richter & Hampton LLP Blogs
Latest from Sheppard, Mullin, Richter & Hampton LLP
Supreme Court sides with booking.com – generic.com trademarks not necessarily generic
On June 30, the Supreme Court issued an 8-1 holding in U.S. Patent & Trademark Office v. Booking.com B.V., finding that whether a “GENERIC.COM” mark qualifies for trademark protection depends on its ability to act as a source identifier to consumers. In other words, a “GENERIC.COM” mark may or may not actually be generic. Adding “.COM” to an otherwise generic, and unregistrable, mark does not automatically affect whether the mark qualifies for trademark protection.…
California Places More COVID-19 Related Restrictions on Businesses and Employers
On July 1, 2020, as a result of rapid increases in the number of COVID-19 cases throughout California, and on the heels of the Fourth of July long weekend, Governor Gavin Newsom instructed businesses in 19 counties across the state to roll back their reopenings for at least the next three weeks. The Governor’s instructions require the closure of:
All indoor, in-person dining at restaurants (outdoor dining and takeout are still permitted, so long as…
The Decision is in: Hospitals Will be Required to Disclose Rates in 2021
In a June 23, 2020 decision, Judge Nichol of the United States District Court for the District of Columbia ruled in favor of the Center for Medicare and Medicaid Services (“CMS”) and against the plaintiff hospital associations challenging CMS’s transparency rule. As a result, hospitals will (pending any appeals) have to post private negotiated rates with payors effective January 1, 2021. We discussed the lawsuit brought by the American Hospital Association (“AHA”), the Federation of…
High Risk of Second Requests in the Cannabis Industry
High Risk of Second Requests in the Cannabis Industry
The cannabis industry faced heightened antitrust scrutiny from the Department of Justice (DOJ) in 2019. There were public reports regarding several “Second Requests” seeking information about potential cannabis transactions. Second Requests are a part of expensive and time-consuming antitrust investigations typically issued in the approximately 2 percent of transactions that present significant anticompetitive concerns. To have several Second Requests within a short period of time in the same industry, particularly in an emerging industry such…
The Post COVID-19 World: Continued Focus on Relaxing Telehealth Barriers
This week, Senators Marsha Blackburn (R-TN) and Ted Cruz (R-TX) proposed the Equal Access to Care Act (the “EACA”), which would allow licensed providers to provide services via telehealth in any state, in any location for up to 180 days after the end of the public health emergency period.…
A Trade War on Two Fronts: U.S. Considers More Tariffs on European Goods
Opening Salvos: The Proposed Tariffs
On June 26, 2020, the U.S. Trade Representative (USTR) published a notice that it is considering new tariffs on exports such as olives, coffee, beer, gin, and trucks coming into the United States from France, Germany, Spain, and the United Kingdom.[1] The list of potential targets also includes various types of bread, pastries, cakes, and other baked products. That new list of goods may face duties of up to…
Incoterms 2020: Our Handy Chart of Responsibilities of Parties
Unless you’re a customs or logistics professional, you may not have focused on the Incoterms changes announced by the International Chamber of Commerce in early 2020. This post provides a handy reference to the revised terms.…
How the New Presidential Proclamation Regarding Non-Immigrant Visas Affects Your Company
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Presidential Proclamation
On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on immigrant visas. The new visa ban expands the restrictions to certain non-immigrant categories.…