New Standard Contractual Clauses for Cross-Border Transfer of EU Personal Data Released

The European Commission has published updated versions of the standard contractual clauses for international transfers of personal data from the European Union (“EU”), enabling businesses to account for a variety of complex data transfers.

New York Court of Appeals Holds No Bankruptcy Preemption of Lender Tort Claims Against Related Third Parties

The State of New York Court of Appeals has held that claims against non-debtor related parties, based on their actions to aid or induce Chapter 11 debtors to breach contractual loan covenants, were not subject to preemption under federal bankruptcy law.

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.

Supreme Court Issues Highly Anticipated Decision in NCAA Antitrust Suit

The Supreme Court has unanimously ruled that the National Collegiate Athletic Association (NCAA) rules restricting student-athletes’ educational benefits are not entitled to deference under the antitrust laws and are subject to antitrust scrutiny under a “rule-of-reason” analysis.

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).

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.