The Northern District of Ohio recently granted summary judgment to Ancestry.com in a putative class action asserting that Ancestry.com violated plaintiff’s rights to publicity and privacy by using his yearbook photos in marketing materials without consent. See Wilson v. Ancestry.com, 2024 WL 3992356 (N.D. Ohio Aug. 27, 2024).
FCC to Examine Customer Service Issues in the Communications Industry
On October 23, the Federal Communications Commission (“FCC”) released a Notice of Inquiry (“NOI”) seeking comment on potential initiatives to address customer service concerns among regulated communications service providers.
The FCC stated that the goal of the NOI is “to ensure that consumers have appropriate access to the customer services resources they require to interact
It Takes Two: SBA Proposes Applying “Rule of Two” to Multiple-Award Contracts
SBA’s “Rule of Two” often requires federal agencies to set aside an acquisition for small businesses whenever there is reasonable expectation that offers will be obtained from at least two small businesses that are competitive in terms of fair market prices, quality, and delivery.
On Friday, SBA issued a Proposed Rule that would extend the
FDA Advertising and Promotion Enforcement Activities: Update
October 29, 2024, Covington Alert
This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.
During the third quarter of 2024 FDA’s Office of Prescription Drug Promotion (OPDP) posted the following three
NLRB General Counsel: “Make-Whole Relief” for Non-Competes and No More “Stay-or-Pay”
National Labor Relations Board General Counsel (“GC”) Jennifer Abruzzo recently issued Memorandum GC 25-01 (“Memorandum”), suggesting new remedies for non-competes found to violate the National Labor Relations Act (“NLRA”) and proposing that the National Labor Relations Board (“NLRB”) presume “stay-or-pay” provisions to be unlawful. Although the Memorandum is not binding law, employers should expect GC
The Impact of the U.S. Elections on Trade and International Supply Chains
October 28, 2024, Covington Alert
The upcoming U.S. presidential election on November 5 will have important implications for U.S. trade policy that are likely to affect companies reliant on international supply chains. There are important differences in how former President Donald Trump and Vice President Kamala Harris approach the use of trade tools to advance U.S.
UK’s Medical Device Post-market Surveillance Statutory Instrument Laid Before Parliament – What are the Key Changes for Medical Device Regulation?
On 21 October 2024, the UK Government laid the draft Post-market Surveillance statutory instrument (“PMS SI”) before Parliament (see the UK Medicines and Healthcare products Regulatory Agency’s (“MHRA’s”) press release here). Once implemented, the PMS SI will further amend the UK’s Medical Devices Regulations 2002 (“UK MDRs”) by introducing new vigilance requirements for medical devices
Ninth Circuit Affirms Dismissal of Putative Class Action Against YouTube Based on Oregon’s Autorenewal Laws
In a concise decision issued earlier this month, the Ninth Circuit affirmed a district court ruling that individuals failed to state a claim against YouTube and parent company Google based on alleged violations of Oregon’s Automatic Renewal Law (“ARL”) and Free Offer Law (“FOL”). See Walkingeagle v. Google, LLC, 2024 WL 4379734 (9th Cir. Oct.
UK’s Medical Device Post-market Surveillance Statutory Instrument Laid Before Parliament – What are the Key Changes for Medical Device Regulation?
On 21 October 2024, the UK Government laid the draft Post-market Surveillance statutory instrument (“PMS SI”) before Parliament (see the UK Medicines and Healthcare products Regulatory Agency’s (“MHRA’s”) press release here). Once implemented, the PMS SI will further amend the UK’s Medical Devices Regulations 2002 (“UK MDRs”) by introducing new vigilance requirements for medical
DOD Office of Strategic Capital Begins Its Direct Lending Efforts to Secure U.S. Industrial Base
The Office of Strategic Capital (“OSC”) within the Department of Defense (“DOD”) has launched a Credit Program, under which it will provide debt financing in critical technology areas that drive national and economic security. As an initial step, OSC is soliciting applications for equipment loans, which may be submitted between January 2 and February 3,