Womble Perspectives

After nearly a quarter of a century, the World Intellectual Property Organization has approved a new IP treaty: the WIPO Treaty on Genetic Resources and Associated Traditional Knowledge. This treaty marks a significant milestone in global intellectual property regulation. Understanding the intricacies of this treaty is essential for anyone involved in the field of IP, particularly given its far-re...

On May 1, 2024, Governor Ron DeSantis signed a bill prohibiting the sale, holding, or distribution of cultivated meat in the state of Florida. This legislation defines "cultivated meat" as "any meat or food product produced from cultured animal cells," encompassing a broad range of products beyond just meat. The law applies to any food or drink for human consumption, including...

The Telephone Consumer Protection Act, or TCPA, has long been a significant regulation for businesses engaged in telemarketing and text messaging campaigns. At its core, the TCPA aims to prevent unwanted calls and messages, especially those using automatic telephone dialing systems, often referred to as ATDS. Recent court rulings, such as Soliman v. Subway Franchisee Advertising Fund Trust, have f...

The Antitrust Division of the Department of Justice has made a bold move in its ongoing effort to ensure fair competition within the healthcare industry with the announcement of the Task Force on Health Care Monopolies and Collusion on May 9.  According to Assistant Attorney General Jonathan Kanter, "The task force will identify and root out monopolies and collusive practices that increase co...

On May 10, 2024, the United States Patent and Trademark Office issued a Notice of Proposed Rulemaking concerning terminal disclaimers. These proposed changes are significant for stakeholders in the patent system, as they could profoundly impact the enforceability of patents associated with this type of disclaimer. Understanding these changes is crucial for anyone involved in the patent landscape t...

On May 13, the United States District Court for the Southern District of Texas ruled against the Federal Trade Commission’s antitrust claims against private equity firm Welsh Carson Anderson & Stowe. The FTC had targeted the firm for its role in forming U.S. Anesthesia Partners, Inc. and consolidating the Texas hospital anesthesia market. This ruling has significant implications for the FTC&ap...

Trade-based money laundering poses a significant threat to the integrity of global financial systems. Criminals exploit international trade mechanisms to disguise illicit proceeds, making detection exceedingly complex. Traditional Trade-based money laundering detection systems often fall short in identifying intricate patterns and relationships that indicate suspicious activities. However, innovat...

In the United States alone, over 100,000 individuals are on the waiting list for an organ transplant, with thousands more added each year. Globally, the crisis is equally severe -according to the United Network of Organ Sharing, more than 6,000 people in the US die on an annual basis waiting for a matched organ. Enter xenotransplantation. This innovative approach has the potential to reduce the gl...

In a landmark decision by the U.S. Supreme Court, the landscape of copyright law has been drastically changed. On May 9, in a decisive 6-3 ruling in the case of Warner Chappell Music Inc. et al. vs. Sherman Nealy et al, the Court made it clear: copyright infringement claims aren't locked into a mere three-year window for seeking damages. Read the full article. About the authors: Lori B. Cohen...

The intertwining of artificial intelligence with the fabric of innovation presents a challenge for the legal framework that governs intellectual property rights. In recently released guidance, the United States Patent and Trademark Office has set the bar for AI-assisted inventions, maintaining a decisive human-centric approach to inventorship standards. This update arrives among the flurry of adva...

In an era where consumers are increasingly seeking products made domestically, understanding the complexities behind "Made in USA" claims is critical. Recent enforcement actions by the Federal Trade Commission underscore the importance of accuracy and transparency in these claims. Read the full article. About the authors Jack B. Hicks James K. Kearney Angela Ennis Andrew Tuggle

On April 29, 2024, Chairman John Moolenaar, head of the Select Committee on the Chinese Communist Party, outlined his agenda for the committee's main focus areas during his time at the helm. Read the full article. Read our original client alert predicting Chairman Moolenaar's priorities. About the authors Kristina M. Moore* Carol Lee

In today’s digital landscape, the way we amass knowledge and data is undergoing a profound shift. This transition is not merely a technological one; it is catalyzing significant changes in the way we understand and apply information. At the heart of this transformation lies the concept of crowdsourcing, which is poised to redefine intelligence gathering across various sectors. Read the full articl...

On April 30, 2024, the landscape of the cannabis industry experienced a monumental shift when the US Drug Enforcement Administration announced its decision to reclassify cannabis from a schedule I to schedule III substance under the Controlled Substances act. This move, coming after an 18 month review initiated by the Biden administration, is seen as a significant step towards acknowledging the th...

On April 22, the Federal Trade Commission issued its final “Non-Compete Clause Rule” which bans most non-competes in the United States, and it's set to become effective 120 days after it is published in the Federal Register. So what does this mean for both employers and employees going forward? Read the full article. About the authors: John E. Pueschel Richard J.R. Raleigh, Jr. Lee K. Van Voo...

The integrity and trustworthiness of data are paramount concerns for businesses and governments alike, driving an urgent need for robust cybersecurity measures. With the rise in cyber threats and the complexity of digital environments, organizations are increasingly turning to artificial intelligence to bolster their defense strategies. AI is not a silver bullet, but when integrated effectively, i...

Recently, the DOJ has rolled out a groundbreaking policy that promises to reshape corporate compliance and criminal investigation. The Pilot Program on Voluntary Self-Disclosures for Individuals marks a significant shift in how the government approaches corporate criminal enforcement Read the full article. About the authors: Luke Cass Michael E. Clark Joe D. Whitley James E. Connelly Amy Lyons

On March 21, 2024, the United Nations General Assembly unanimously passed its first resolution on artificial intelligence, marking a significant commitment to safe and trustworthy AI development for global progress. Led by the United States and backed by 123 countries, the resolution emphasizes the need for regulations to reduce AI risks and ensure its benefits are shared equitably. U.S. Read the...

In an age of rapid technological advancement, traditional data collection has evolved through the use of crowdsourced data. This powerful tool is used by governments and private companies internationally. And its integration with AI has further enhanced decision-making and business insights. Read the full article. About the authors: Robert A. Broadbent Stephen Anderson

From the EU to the USPTO – we’ve seen some recent legal activity on the AI front. In March, the European Parliament approve the EU Artificial Intelligence Act, marking a significant milestone for AI governance, and then a few weeks later, the United States Patent and Trademark Office released their guidance on disclosures when it comes to the use of generative AI. In this episode, we'll dig i...

In this episode, we cover a recent ruling from the ITC in their Interim Initial Determination Program. This  ruling not only illuminates the early stages of this program but also emphasizes the critical need for strategic investment planning to convincingly establish a domestic industry case at the ITC. Read the full article About the authors Daniel M. Grigore Andrew Beverina

Managing consumer disputes and consumer lawsuits has always been a fact of life for financial services companies—even those with the most advanced compliance management programs. But, more recently, a small number of plaintiffs have started to generate a disproportionate number of claims. What should your financial services company do to stay ahead of the litigation and arbitration curve? Read the...

With Congressman Mike Gallagher bowing out and Congressman John Moolenaar stepping up as the new chair, what does the future of the Select Committee on the Chinese Communist Party look like? Will Gallagher’s departure signify a turning point, or will Moolenaar’s leadership maintain the Committee's vigorous oversight and bipartisan essence? Read the full article. About the authors: Kristina M....

In this episode of Womble Perspectives, we dive into a critical turning point in the FCC’s universal service support mechanisms' litigation. Read the full article. About the author: Richard R. Cameron

Plant genetics have been altered for thousands of years to better serve human needs. Previously done via selective plant breeding, this process now takes place in labs through gene editing. While these new plant varieties can improve nutritional profiles or disease resistance, they can also pose potential health risks. What does the FDA have to say about that and what do producers need to know? Re...