The Legal Brief

The Rise of Consumer Class Actions: How Changes to the West Virginia Consumer Credit and Protection Act Increased Consumer Class Action Filings in West Virginia

September 26, 2022

Sometimes the best intentions have entirely unforeseen consequences. This is the case with changes that were made to the West Virginia Consumer Credit and Protection Act, W. Va. Code §§ 46A-1-101 et seq. (“WVCCPA” or the “Act”). At the time, there were hundreds of individual lawsuits relating to verbal notification of attorney representation wherein plaintiffs filed suit seeking thousands of…

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

August 29, 2022

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…

NONLAWYER INVESTMENT IN THE LEGAL ECONOMY

August 17, 2022

Our Tom Hurney, along with two other attorneys (Marta-Ann Schnabel, O’Bryon & Schnabel, PLC, New Orleans, La., and Susan Gunter, Dutton Brock LLP, Toronto, Ontario, authored a white paper, Nonlegal Investment in the Legal Economy, for DRI’s Center for Law and Public Policy. 

Here is the link to the full article: https://www.dri.org/docs/default-source/dri-white-papers-and-reports/abs-white-paper-f…

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

July 25, 2022

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

July 20, 2022

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…

"'THE'" Is Now A Trademarked Word?

July 11, 2022

On June 21, 2022, The Ohio State University (OSU) added to their $12.5 million-dollar annual trademark and licensing portfolio by officially receiving a registered trademark for the word “THE” from the US Patent and Trademark Office (USPTO). This does not mean every commercial use of the word “THE” must be licensed from OSU. Instead, the trademark is limited to “clothing, namely, t-shirts,…

Name, Image, and Likeness: The NCAA and College Sports Landscape One Year After Alston

July 1, 2022

The college sports landscape changed forever on July 1, 2021, when the NCAA permitted student-athletes to earn compensation for their name, image, and likeness (NIL). Now, a year later, we look back and evaluate how this change happened; the impact of this change on the NCAA, institutions, and student athletes; and the future of NIL.

Background

In June 2021, the NCAA was preparing to launch a new…

Federal Circuit to Consider the Patentability of AI-Created Inventions

June 23, 2022

Artificial intelligence (AI) utilizes technology to complete activities that normally require human intelligence.[1] AI technology increasingly plays a substantial role in our everyday lives, whether it be playing an online game of checkers against the computer, using an online language translator, or driving an autonomous vehicle.[2] With AI technology’s increasing prevalence, legal questions…

Kemp v. United States – The Supreme Court Finds that a Judge’s Error of Law is a “Mistake” Under Rule 60(b)(1)

June 16, 2022

Federal Rule of Civil Procedure 60(b)(1) provides that a court may relieve a party from a final judgment due to “mistake, inadvertence, surprise, or excusable neglect[.]” Rules 60(b)(2)-(5) provide more narrowly tailored reasons for relief, ranging from newly discovered evidence to fraud and void judgements. Rule 60(b)(6), however, serves as a catch-all provision providing relief “for any other…

SECURE ACT 2.0: WHAT TO KNOW

April 11, 2022

The House of Representatives passed the Securing a Strong Retirement Act of 2022 (“SECURE 2.0” or “the Act”, HR 2954) on Tuesday, March 29, 2022.  The Act now heads to the Senate, where it is expected to have significant bipartisan support.

SECURE 2.0 builds on the Setting Every Community Up for Retirement Enhancement (“SECURE Act”, PL 116-94) signed into law in December 2019, which was enacted to…

Ohio Revises Its Limited Liability Company Act

February 16, 2022

The Ohio Revised Limited Liability Company Act (“Revised Act”), signed into law on January 8, 2021, became effective Friday, February 11, 2022.  The Revised Act applies to all LLCs registered to do business in Ohio, whether formed before, on, or after the effective date.  Completely restating the existing Ohio Limited Liability Act (“Prior Act”), the Revised Act modernizes Ohio’s LLC law with a…

News on New Federal COVID Vaccine Rules

November 4, 2021

Read about the new COVID Rules in these two blogs:

CMS Issues Draft Interim Final Rule Regarding Mandatory COVID Vaccines

 The Centers for Medicare and Medicaid Services (“CMS”) issued a draft of its long-awaited interim final rule (“IFR”) regarding mandatory Covid-19 vaccinations, which is expected to be formally published in the Federal Register on November 5, 2021. Read more here.

Long…