Following its first patent related en banc decision since 2018, the Federal Circuit has overruled the longstanding obviousness standard used in assessing design patents, the Rosen-Durling test. At issue in the en banc hearing, appellants LKQ Corporation and Keystone Automotive Industries, Inc. (collectively “LKQ”) filed a petition asserting that U.S. […]
Technology & Intellectual Property Update
A Time to Review Cyber Liability Clauses
The threats from cybersecurity events and the possible liability for the disclosure of regulated, personal, sensitive, or contractually protected information has evolved over time. The legal requirements to review and respond to threats or attacks have also changed significantly over the past ten years. Cyber-threats companies presently face may not […]
Trademark Scam Alert
Over the last few months, we have seen an uptick in fraudulent emails meant to scare companies into thinking they are about to lose their trademark rights. Under this current scam, the sender claims to be willing to facilitate trademark registration services prior to registering the mark on behalf of […]
Regulators Release Third-Party Risk Management Guidance for Community Banks
This month, banking regulators released guidance directed to community banks in connection with the banks’ third-party risk management practices (the “Third-Party Guidance”). The Third-Party Guidance follows the banking agencies’ prior third-party risk management guidance that was issued in June of 2023 and is intended to complement that prior guidance by […]
Nebraska Adopts Consumer Data Privacy Law
Nebraska has joined the growing number of states to adopt a comprehensive consumer data protection law this legislative session. The Governor signed the Data Privacy Act (the Act) into law on April 17, 2024, where the Act takes effect on January 1, 2025. We will provide detailed analysis of the […]

