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Regulatory

Good News for Users of Credit Reports: West Virginia Federal Court Adopts the “Reason to Believe” Standard For Users of Credit Reports Under 15 U.S.C. § 1681b

On January 26, 2024, the United States District Court for the Northern District of West Virginia issued an Order dismissing claims made against Jackson Kelly’s clients under the Fair Credit Reporting Act (“FCRA”) in Wyatt v. A&B Sales, Inc., et al., Case No. 5:23-cv-303.  In doing so, the court adopted the “reason to believe” standard with respect to the accessing of consumer credit reports under…

Update: Understanding the Corporate Transparency Act, Part II

We recently provided an overview of the Corporate Transparency Act or the “CTA,” which will go into effect on January 1, 2024 and require most businesses to report information about themselves and their owners to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN).  That article is linked here. The article notes that a proposed amendment to the CTA would extend the…

Understanding the Corporate Transparency Act

The Corporate Transparency Act or the “CTA,” which requires businesses to report information about themselves and their owners to the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN), goes into effect January 1, 2024. The volume of information and articles currently available about the Act may make it seem overwhelming, so to make this manageable, here is an…

Copyright Office Provides Guidance on Artificial Intelligence

In a recent webinar, the Copyright Office provided crucial guidance on registering works that incorporate AI-generated material, a topic of growing importance as AI becomes increasingly integrated into creative processes.

This guidance builds on the Office's March 2023 statement, which clarified that AI-generated works are not eligible for copyright protection due to the absence of human…

Changes Made to Deliberate Intent Law in West Virginia

During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law.  HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023. 

HB 3270 made two changes.  First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to…

Selling Your Business? Get Your IP in Shape

In transactions involving mergers, acquisitions, and investments, time to complete needed steps for the transaction can feel tight and compressed. Any business owners considering a transaction should consider getting their business in shape. Preparation, even before signing a letter of intent, can increase chances of a deal closing and secure your business’ value. This article focuses on steps…

NCAA Approves New Guidance for Player Endorsements

The NCAA’s Division I Board of Directors approved new guidance on name, image, and likeness activities. The guidelines, approved on October 26, 2022, clarify how and when schools, coaches, and staff may be involved with athletes’ endorsement and sponsorship deals. Technically, the NCAA did not approve new rules. Instead, the NCAA issued guidance intended to clarify the existing NCAA policy.

“The…

Trade Secrets and Patents: Which to Use?

Intellectual property (IP) provides some of the largest value to many companies. But protecting that property through patents can prove to be expensive, while failing to protect some crucial IP like customer lists. In lieu of patents, many companies should consider classifying IP as a trade secret, which enjoys protection under U.S. law and can often be obtained at far lower costs.

Patents require…

THERE’S NO SUCH THING AS FRIENDS AND FAMILY UNDER THE SECURITIES LAWS

There are three types of securities offerings: registered, exempt, and illegal.  When raising capital for a start-up business, many entrepreneurs are very surprised to learn that there is no “friends and family” exemption under the securities laws. Often, entrepreneurs speak of raising money from a “friends and family” offering.  “Friends and family” only identifies to whom the offering is made.  It…

NEW SEC MANDATORY CLIMATE DISCLOSURES COULD COME AS EARLY AS THIS FALL

There needs to be clear rules of the road for disclosing climate risk.”  SEC Chair Gary Gensler

“We are not the Securities and Environment Commission – at least not yet.”  Commissioner Hester M. Peirce

On March 21, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed its long-awaited and groundbreaking rules intended to standardize and enhance climate-related disclosures for domestic…

Should I Stay or Should I Go? You Should Probably Stay: U.S. Supreme Court Poised to Resolve Circuit Split on Effect of Bankruptcy Code § 363(m) on Appeals

On June 27, 2022, the United States Supreme Court granted certiorari to possibly resolve the circuit split concerning the effect closing a bankruptcy sale under 11 U.S.C. § 363 has on appeals involving the sale order. MOAC Holdings LLC v. Transform Holdco LLC, 21-1270 (Sup. Ct.) In MOAC, Mall of America is challenging the bankruptcy court’s decision in the Sears bankruptcy to allow the buyer to…

 

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