On July 11, 2019, I presented at the American Bankers Association webinar, entitled, “Mortgage Disclosure Cures and Corrections — Mitigating Liability.” Below is a summary of the points presented in the webinar and additional analysis.
Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites.
Aerial view of a car on a long, winding road
While the US data privacy landscape is rapidly changing, there appears to be some helpful news for the automotive industry. Notably, the auto industry may receive the benefit of being exempt from the impact of two of the more rigorous state privacy laws that have entered the legal landscape.
Looking up at the rotunda in the US Capitol building
The Senate Health, Education, Labor, and Pensions Committee recently voted to advance bipartisan legislation, called the Lower Health Care Costs Act (the Act), aimed at, among other things, curbing surprise medical bills. 
The US District Court for the District of Columbia invalidated a final rule pursuant to which pharmaceutical manufacturers would have to disclose the list price of certain drugs on direct-to-consumer ads.
On July 9, 2019, the US Department of Health and Human Services, Office of Inspector General (OIG) released two reports addressing hospice deficiencies and the risks, potential harm, and actual harm those deficiencies posed to hospice beneficiarie. 
On May 28, 2019, the Maryland Governor permitted (without signature) the Noncompete and Conflict of Interest Clauses Act (the Act) to become law.
On June 18, 2019, the Federal Trade Commission (FTC) hosted a workshop to discuss and analyze the effects of Certificates of Public Advantage (COPAs) and Certificates of Need (CONs) on price and access to health care services, health care innovation, and quality of services.
In response to the significant increase in fraudulent filings, effective August 3, 2019, all foreign-domiciled applicants, registrants, or parties to trademark proceedings must be represented by a US-licensed attorney.
The US Court of Appeals for the Third Circuit recently confirmed that “anti-assignment” provisions — provisions prohibiting insureds from assigning their rights under a health plan to third parties, including medical providers — are enforceable as long as they are unambiguous.
At a press conference at the G20 Summit in Japan on June 29, President Trump said he will not lift current Section 301 tariffs on China, but also would not add tariffs on any additional Chinese imports “for at least the time being” as part of an agreement to resume negotiations with China. 
coding on a computer screen
The House Financial Services Committee’s new task force on fintech held its first hearing on Tuesday, June 25th, regarding the regulatory response to fintech’s rapid expansion and the impact it is having on consumers as well as the financial services industry overall.
On Monday, the Supreme Court held that the ban on “immoral or scandalous” trademarks was unconstitutional under the First Amendment. The Court found that, as with the recently struck down ban on “disparaging” marks, the ban on immoral or scandalous marks discriminates on the basis of viewpoint.
On February 26, 2019, Darling Industries, Inc. (Darling) entered into a $400,000, 18-month consent agreement with the Department of State, Directorate of Defense Trade Controls (DDTC) to settle six alleged violations of the International Traffic in Arms Regulations (ITAR).
Car Breaklight
The Federal Trade Commission (FTC) recently released updated data security guidance in connection with a proposed settlement with LightYear Dealer Technologies, LLC (dba DealerBuilt), a service provider for the auto dealer industry.
The esports industry has been rapidly growing since its inception in the 1990’s. Viewership numbers for esports championship games exceed that of the NHL’s Stanley Cup Finals, the MLB World Series, and the NBA Finals.
On June 20, 2019, the Office of the United States Trade Representative (USTR) published a notice outlining the procedure for requesting exclusions from List 3 of the Section 301 tariffs on Chinese imports via a new web portal.
Massachusetts Governor Charlie Baker recently signed a bill that moves the Paid Family and Medical Leave Program start date from July 1, 2019 to October 1, 2019.
Because of the length of time since China Section 301 duties were first imposed on July 6, 2018, many 2018 entries first covered by the duties are approaching their liquidation date (if they have not liquidated already).
On June 6, the US Department of Agriculture (USDA or Agency) released its proposed revision to Part 340, the regulations implementing USDA’s authority over genetically engineered (GE) organisms, including GE plants.