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SEC Issues New Cybersecurity Guidance

On February 26, in the wake of significant and far-reaching cybersecurity breaches (e.g., the Equifax Data Breach), the SEC published interpretive guidance to assist public companies in preparing disclosures about cybersecurity risks and incidents.  The SEC recognizes that cybersecurity threats present an “ongoing risk” to…

Swift Shakes Off Copyright Infringement Lawsuit

Pop artist Taylor Swift shook off a copyright infringement lawsuit filed by Sean Hall and Nathan Butler in the U.S. District for the Central District of California, Sean Hall d.b.a. Gimme Some Hot Sauce Music, et al. v. Taylor Swift, et al. Plaintiffs composed the song…

To EatRight, It May be Too Late

The Ninth Circuit breathed new life, for now, into a trademark infringement suit brought by Eat Right Foods Ltd.’s (“ERF”) against Whole Foods Market, Inc.  The district court had granted summary judgment for Whole Foods after concluding ERF’s claims were barred by the doctrines of laches…

Cannabis Branding and Free Speech Considerations

A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa State University (ISU), Paul Gerlich and Erin Furleigh, secured…

Let the Games Begin – Let Marketers Beware!

You’ve heard it before and you’ll hear it again – Stay away from any advertising or promotional ideas that suggest authorization, sponsorship or an official connection to the Olympics. This means not using the Olympic Rings in advertising or even #Olympics on your brand’s social…