Boo! Federal Data Privacy Laws May Come Soon and Businesses Can’t Hide
On September 1, 2022, the American Data Privacy Protection Act (“ADDPA” or the “Act”) was blocked from moving forward before the full U.S. House of Representatives. The ADPPA, which comes from the U.S. House Committee on Energy and Commerce, proposes legislation that would enact federal data privacy laws. But the ADPPA is currently in limbo…
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Naked Licensing: That’s Your Name, So Don’t Wear It Out
From multinational corporations to franchises to non-profits, there is a lot that goes into building your brand and a positive brand association among consumers. As a company looks to growth strategies, it will consider different ways to develop its brand’s reach, such as expanding its market presence by allowing third parties to use, market, or…
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Here Comes the Sun: The Inflation Reduction Act Provides a Multitude of New Tax Incentive Opportunities for the Solar Industry
On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (“IRA” or the “Act”) into law. The IRA, which contains several energy-related tax credits and extends and modifies some existing credits in the Internal Revenue Code of 1986 (the “Code”), is aimed at boosting clean energy initiatives. Notably, the Act provides various…
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Apply Foundation To Your Privacy Policy Before You Become The Next Sephora
On August 24, 2022, the California Attorney General released a statement regarding a settlement agreement that the State of California reached with Sephora, Inc. (“Sephora”), the international consumer product retailer specializing in personal care and beauty products, for failing to comply with the California Consumer Privacy Act (“CCPA”). The California Attorney General’s Office alleged that…
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Morgan v. Sundance, Inc., and its Implications Pertaining to Litigants and the Right to Arbitrate
The use of arbitration clauses and agreements is not infrequent, forcing federal and state courts to address the enforceability of such agreements on numerous grounds. Courts have created variants of federal procedural rules, specific to arbitration. Specifically, over the years, nine of the twelve circuit courts[1] have affirmed an arbitration-specific rule pertaining to waiver in…
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Checks and Balances in Action: The Judiciary Increases its Constitutional Scrutiny of Certain ALJ Proceedings
Historically, the SEC could only bring enforcement actions in Article III courts.1 That began to change in 1990 with the Securities Enforcement Remedies and Penny Stock Reform Act, which allowed the agency to bring certain actions in administrative tribunals.2 The Dodd-Frank Act of 2010 gave the SEC the full ability to use administrative tribunals; by…
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Apple iOS 16 Release: Should You Think Twice Before Rewriting History?
Each year Apple iPhone users worldwide are on the edge of their seats to get a glimpse of the new features the Apple iOS release will bring at the Worldwide Developer Conference (WWDC). This year didn’t disappoint with new features ranging from enhanced personalization to the previously bland locked screen to our personal favorite, SharePlay…
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Does Involvement in the Cannabis Industry Preclude Your Business From Bankruptcy Protection?
Despite the growing public acceptance of marijuana and the fact that a majority of states have legalized marijuana for medicinal purposes (37 states and the District of Columbia have enacted medical marijuana legislation), federal law still treats marijuana cultivation and sale as a criminal offense. See 21 U.S.C. § 801, et seq. As bankruptcy is only…
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The Rhode Island Cannabis Act: New Laws for Recreational Users, Retailers, and Manufacturers
On May 25, 2022, the Rhode Island Legislature enacted the Rhode Island Cannabis Act to legalize and regulate the recreational use of cannabis. The sale of cannabis by licensed retailers may begin on December 1, 2022. The Act imposes restrictions on the personal use of cannabis and penalties for individual violations. It also imposes taxes…
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Like-Kind Exchanges May No Longer Be Likeable – An Overview of Current Law and Preview of Proposed Changes
Under Section 1031 of the Internal Revenue Code (“Code”), a taxpayer may defer recognition of capital gains on exchanges of qualifying property in a process known as a “like-kind exchange” or “1031 exchange.” Under the Tax Cuts and Jobs Act of 2017, Code Section 1031 applies only to exchange of real property and not personal…
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