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U.S. privacy law continued to expand in 2024, both geographically and substantively.  We now have 19 states with comprehensive consumer privacy laws (some of which are already in effect, while others become effective in 2025 and 2026). This recap focuses on the 10 state laws that were enacted or took effect this year, as well as the states tha...

Continued cyberthreats drove expanded data security and breach notification requirements in 2024. Although sectors deemed high-risk saw significant activity, we also saw proposed regulations that stand to have a significant impact on a wide swath of private companies in the year to come.This Update outlines highlights of data security law in 2...

Voluntary corporate carbon-free energy (CFE) procurement accounts for over 68 gigawatts (GWs) of the clean energy capacity added to the U.S. grid since 2014, and voluntary purchases are growing by about 20% each year.Corporate action has an outsized decarbonizing impact—in 2022, renewable energy procurement deals by corporate and institutional cust...

The video game industry has long been characterized by game developers borrowing gameplay features from earlier releases to develop their own new and innovative games. This practice has persisted due to the widespread belief that the rules of video games are excluded from copyright protection under § 102(b) of the Copyright Act, either for bei...

The Federal Trade Commission (FTC) recently announced its annual adjustments to (1) the pre-merger notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing fee schedule, (3) the civil penalty amounts for HSR Act violations, and (4) the interlocking directorate thresholds under Sect...

The Supreme Court of California held that implied easements may preclude most practical uses by the owner of the property subject to the easement if there is clear evidence of intent to create such an easement at the time of the property division. Romero v. Shih, 15 Cal. 5th 680 (2024).The case involved a dispute over a residential driveway and gar...

Keith Miller authored an article for Law360 - Lessons From The SEC's 2024 Crackdown On AI Washing - discussing the SEC's 2024 crackdown on AI washing, highlighting the cases arising last year that underscore the SEC's focus, and offering practical strategies businesses can implement in 2025 to reduce the risk of SEC scrutiny over their AI-related c...

BlackRock recently published its updated “Proxy Voting Guidelines for Benchmark Policies - U.S. Securities” for the 2025 proxy season, along with its 2025 “Global Principles for Benchmark Policies” and “Engagement Priorities Summary for Benchmark Policies.” While many of its policies remain unchanged from last year, there are some notable revisions...

In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel opinion calls into question prior case law that had seemingly relaxed this jurisdictional requirement. The majority opin...

This eighth annual article provides a statistical review of the U.S. Court of Appeals for the Federal Circuit's decisions in patent cases during calendar year 2024.[1]The Federal Circuit issued fewer patent decisions in 2024 despite its ever-increasing backlog of argument-ready cases. U.S. Patent Trial and Appeal Board cases still predominated, but...