Deadline To Incorporate New EU Data Transfer SCCs In New Contracts Approaches

By: Faith D. Kasparian, Ann M. O'Rourke &  Ryan J. Perry As we indicated in our prior Alert and recent Webinar on this subject, this summer, the European Commission released eagerly anticipated Standard Contractual Clauses (SCCs) for transfers to third countries (the “New Data Transfer SCCs”). The New Data Transfer SCCs are “model data protection clauses” that businesses can utilize to help ensure that they are in compliance …

Is My Intermediary A “Finder” Or “Broker”?

Companies seeking to raise capital from outside investors might turn to an intermediary to help them identify or connect with new investors. Before retaining an intermediary, however, it is imperative for the company to determine whether the intermediary is a finder or broker according to the United States Securities and Exchange Commission (the “SEC”). If …

File Your Trademark Applications Sooner Rather Than Later

By: Sean Detweiler The United States Patent & Trademark Office (USPTO) is falling behind in their review of trademark applications. Since the end of 2018, the average time between an application for trademark registration being filed and the Examining Attorney reviewing the application and issuing a first action indicating whether the mark is allowable has …

Are you ready for the new reporting obligations under the Corporate Transparency Act?

On January 1, 2021, Congress overrode former President Trump’s veto of H.R. 6395, the National Defense Authorization Act of 2021 (the “NDAA”). Title LXIV of the NDAA enacts the Corporate Transparency Act (the “CTA”). The CTA, among other things, requires every business entity that meets the definition of a “reporting company” to make a filing with …

What is a Subpoena and How Do I Properly Respond to it?

Most people react in one of two ways when they receive a subpoena: they either ignore it, or they panic. Of these two responses, panicking is the better one because it at least prompts you to call your attorney. In her article, What is a Subpoena and How Do I Properly Respond to it?, Paige K. Zacharakis …

CCPA Compliance – Required Updates to Privacy Policies

By: Faith D. Kasparian, Ann M. O'Rourke &  Ryan J. Perry Among the many requirements placed on businesses by the California Consumer Privacy Act (CCPA), businesses must also keep in mind the continuing obligations that the law imposes. To remain in compliance with the CCPA, a business is required to update its privacy policy “at least once every 12 months.” Specifically, the applicable section of …

European Commission Adopts New Standard Contractual Clauses for Data Transfers

By: Faith D. Kasparian, Ann M. O'Rourke &  Ryan J. Perry On Friday, June 4, 2021, the European Commission released eagerly anticipated Standard Contractual Clauses (SCCs) for transfers to third countries (the “Data Transfer SCCs”). On the same day, the European Commission released another set of Standard Contractual Clauses addressing data sharing between controllers and processors in the absence of a third-country transfer. The …

Preparing for Investment – How Organized are your Corporate Documents?

By: Jeremy Siegel Whether you’re approaching your first round (or third round) of venture capital fundraising, or you’re starting to think about a potential exit event or acquisition, approaching large-scale business transactions such as these can have you feeling apprehensive. You may be concerned about your valuation, how to structure the deal, and how to …

Cancelling a Trademark: What’s Peloton’s Spin?

By: Stacey C. Friends & Sean D. Detweiler During the recent pandemic, you've probably heard this brand everywhere: Peloton. If you don't have a Peloton bike of your own, you probably have a fitness-enthusiast friend who owns one (and tells you all about their spin class pursuits). With this stationary bike maker all the rage, …

Virginia Follows California Lead on Data Protection—With Narrower Scope

By: Faith D. Kasparian & Ann M. O'Rourke On March 2, 2021, a new comprehensive data protection law was enacted in Virginia, which will become effective on January 1, 2023.  The scope of the Virginia Consumer Data Protection Act (VCDPA) is narrower in many respects than the California Consumer Privacy Act (CCPA).  Notably, unlike the CCPA, there is no threshold …