Action-Snacked Year: Food Labeling Class Actions On The Rise

Consumer class action lawsuits targeting foods for alleged false and misleading labeling rose sharply in 2020. Although this trend may appear to threaten the food and beverage industry, courts are applying the “reasonable consumer” standard with a “real world” perspective, dismissing cases despite plaintiffs’ alleged subjective confusion about the labeling at issue because the hypothetical “reasonable consumer” would not have been misled.

The Compliance Monthly: A CONVERSATION WITH JESSICA WINCHELL, VICE PRESIDENT FOR COMPLIANCE AT BROWN BROTHERS HARRIMAN TRUSTEE SERVICES IN IRELAND

Jessica Winchell, Vice President of Compliance with Brown Brothers Harriman, describes her path to a career in compliance, skills necessary to succeed in the field, and how her time at Temple Law helped to shape her professional life.

SEC and DOJ Target Insider Trading on the Dark Web

A high profile action brought recently by the SEC and DOJ against a SpaceX engineer exemplifies the federal government’s ability to monitor the dark web, despite its anonymity. Regardless of the difficulties in monitoring for sensitive information disseminated on the dark web, companies need to take proactive, prophylactic steps to help minimize the danger that company insiders will misuse access to material nonpublic information.

Modernization of Intellectual Property Laws Under the New Consolidated Appropriations Act, 2021

The Consolidated Appropriations Act, 2021 (the act) was passed by Congress on December 21 and signed by President Donald Trump on December 27, 2020. The act includes not only amendments to the Paycheck Protection Program (PPP), but also significant changes to copyright and trademark laws.

CFPB Adopts Strict Liability Standard for Debt Collectors Who Sue or Threaten Suit Over Time-Barred Debt

On January 19, 2021, the Consumer Financial Protection Bureau (CFPB) published its final debt collection rules in the Federal Register, including 12 C.F.R. § 1006.26(b), which prohibits collections of time-barred debt. Under the new rules, collectors who sue or threaten to sue consumers for time-barred or “zombie” debts ‒ debts for which the statute of limitations already expired ‒ violate the Fair Debt Collection Practices Act (FDCPA).

The Compliance Monthly: The Government’s Prioritization of Information Over Sanction

As part of Temple Law’s Faculty Spring Colloquium Series, Professor Veronica Root Martinez presented her paper: The Government’s Prioritization of Information Over Sanction: Implications for Compliance. Professor Martinez teaches at Notre Dame Law School and is also the Director of the Program on Ethics, Compliance & Inclusion.

Dismissal of Chapter 11 Case Calls Into Question Bankruptcy Protections for Cannabis Companies

Despite a company’s claim that it deals only in legal hemp products, in January, a federal court denied the company’s access to relief under the Bankruptcy Code. U.S. Bankruptcy Court Judge Joseph Rosania, Jr., of the District of Colorado, dismissed United Cannabis Corporation’s (UCANN) Chapter 11 bankruptcy filing, a move that could cause concerns for cannabis companies that may be seeking bankruptcy relief, particularly in the midst of a global pandemic.