Alerts

The US Court of Appeals for the Federal Circuit recently ruled that color marks can be inherently distinctive when applied to product packaging trade dress. The CAFC upends a long-held understanding that color marks can never be inherently distinctive. Although such marks are considered inherently d

As local and national governments take measures to combat the spread of COVID-19, patent, trademark and copyright owners are facing potential difficulties with meeting prosecution and dispute deadlines.

A recently-proposed bipartisan federal bill (SHOP SAFE Act of 2020) would create contributory liability for e-commerce platforms that fail to take steps to limit third-party sales of dangerous counterfeit products.

Zoom Video Communications, the remote conferencing service whose usage has surged during the COVID-19 pandemic, has been sued in California federal court in two putative class action cases alleging, among other claims, violations of users’ privacy rights under the California Consumer Privacy Act.

Environmental cleanup obligations can be among the most expensive liabilities and complex logistical challenges companies face.

The IRS has granted a six-month extension to file applications for a tentative carryback adjustment under the “quickie” refund procedure for net operating losses that arose in tax years that began in calendar year 2018 and that ended on or before June 30, 2019. As a result, affected taxpayers have u

On April 10, the Internal Revenue Service published responses to frequently asked questions with respect to the payroll tax deferral provisions of the CARES Act.

The notice also suspends associated interest, additions to tax, and penalties for late filing or late payment until July 15, 2020.

The Main Street Lending Program (the Program) is separated into two distinct facilities – the Main Street New Loan Facility (MSNLF) and the Main Street Expanded Loan Facility (MSELF). The points below outline why the Program could be attractive to hotel owners, hotel operators, and their lenders.

To sustain essential court services in California state courts, the Judicial Council, headed by Chief Justice Tani Cantil-Sakauye, announced the adoption of Emergency Rules to the California Rules of Court, to immediately go into effect as of April 6, 2020. 

Yesterday, the Equal Employment Opportunity Commission updated and expanded its March 17th and 18th guidances on legal issues related to the COVID-19 pandemic.  

On March 23, 2020, the Board of Governors of the Federal Reserve, with the approval of the Secretary of Treasury, authorized the Federal Reserve Bank of New York to establish and operate the Term Asset-Backed Securities Loan Facility.

COVID-19 has upended operations for licensed Massachusetts recreational and medical cannabis businesses. Recreational cannabis has been shut down for the time being. Medical cannabis continues, but with temporary new rules in place. 

As the White House extends its “social distancing” advisory through April 30, 2020, companies must find a path to conduct shareholder meetings while discouraging gatherings to curb the spread of COVID-19.

On March 30, 2020, in response to the continued spread of COVID-19, California Governor Newsom issued Executive Order N-39-20, authorizing temporary adjustments to certain standards related to staffing and licensing requirements for healthcare facilities, providers, and professionals.

The CARES Act authorized the Secretary of the Treasury to make up to $500 billion in loans, loan guarantees, and other investments for eligible businesses, States, and municipalities.

In anticipation of the raft of earnings releases and analyst and investor calls that will take place in the next few weeks, the U.S. Securities and Exchange Commission (SEC) issued a public statement in which SEC Chairman Jay Clayton and Director of the Division of Corporation Finance William Hinman urge issuers to provide robust, forward-looking disclosures regarding the impact of COVID-19 in their upcoming earnings releases and analyst and investor calls.

Below is a summary of the Main Street New Loan Facility and the Main Street Expanded Loan Facility, details of which were released by the Federal Reserve this morning. Arent Fox will continue to update, and expand on, this summary as more information becomes available.

In today’s episode, we talked with Barbara Wahl about “Force Majeure” and possible defenses that may be available to avoid performance under a contract due to Coronavirus and the Government Orders related to the pandemic.

In recent weeks, an increasing number of state legislatures have taken drastic measures to force the insurance industry to shoulder much of the burden of the economic downturn brought on by the global COVID-19 pandemic.

The United States Patent and Trademark Office recently announced that it will provide a 30-day extension for many patent and trademark filing and fee deadlines to those personally affected by COVID-19.

On April 7, 2020, the Council of the District of Columbia unanimously passed the COVID-19 Response Supplemental Emergency Amendment Act of 2020.

The SBA has released additional guidance regarding the application of certain affiliate rules applicable to the PPP.

Last week, in Servotronics, Inc. v. Boeing Co., the Fourth Circuit became the latest United States Court of Appeals to allow Section 1782 discovery for use in private international arbitrations.

As recently as March 27, the WHO was stating on its website that there was insufficient evidence to suggest that the novel coronavirus was airborne except in a handful of medical cases, such as when intubating an infected patient.