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Welcome to Womble Perspectives, where we explore a wide range of topics from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever-changing legal landscape. With a focus on innovation, collaboration and client service, we are committed to delivering exceptional value to our clients and to the communities we serve.
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After nearly a quarter of a century, the World Intellectual Property Organization has approved a new IP treaty: the WIPO Treaty on Genetic Resources and Associated Traditional Knowledge. This treaty marks a significant milestone in global intellectual property regulation. Understanding the intricacies of this treaty is essential for anyone involved in the field of IP, particularly given its far-reaching implications.Read the full article.About the authorAlexander P. Wharton
On May 1, 2024, Governor Ron DeSantis signed a bill prohibiting the sale, holding, or distribution of cultivated meat in the state of Florida. This legislation defines "cultivated meat" as "any meat or food product produced from cultured animal cells," encompassing a broad range of products beyond just meat. The law applies to any food or drink for human consumption, including components and dietary supplements.Read the full article.About the authorChristine Lawson
The Telephone Consumer Protection Act, or TCPA, has long been a significant regulation for businesses engaged in telemarketing and text messaging campaigns. At its core, the TCPA aims to prevent unwanted calls and messages, especially those using automatic telephone dialing systems, often referred to as ATDS. Recent court rulings, such as Soliman v. Subway Franchisee Advertising Fund Trust, have further refined the definition of ATDS, impacting how businesses can legally reach out to potentia...
The Antitrust Division of the Department of Justice has made a bold move in its ongoing effort to ensure fair competition within the healthcare industry with the announcement of the Task Force on Health Care Monopolies and Collusion on May 9. According to Assistant Attorney General Jonathan Kanter, "The task force will identify and root out monopolies and collusive practices that increase costs, decrease quality, and create single points of failure in the health care industry.” Read the ...
On May 10, 2024, the United States Patent and Trademark Office issued a Notice of Proposed Rulemaking concerning terminal disclaimers. These proposed changes are significant for stakeholders in the patent system, as they could profoundly impact the enforceability of patents associated with this type of disclaimer. Understanding these changes is crucial for anyone involved in the patent landscape to navigate the complexities and potential consequences these rules may bring.Read the full articl...
On May 13, the United States District Court for the Southern District of Texas ruled against the Federal Trade Commission’s antitrust claims against private equity firm Welsh Carson Anderson & Stowe. The FTC had targeted the firm for its role in forming U.S. Anesthesia Partners, Inc. and consolidating the Texas hospital anesthesia market. This ruling has significant implications for the FTC's strategy against private equity roll-ups in healthcare and sets a new precedent for future antitr...
Trade-based money laundering poses a significant threat to the integrity of global financial systems. Criminals exploit international trade mechanisms to disguise illicit proceeds, making detection exceedingly complex. Traditional Trade-based money laundering detection systems often fall short in identifying intricate patterns and relationships that indicate suspicious activities. However, innovative solutions like retrieval-augmented generation and semantic search technologies are revolution...
In the United States alone, over 100,000 individuals are on the waiting list for an organ transplant, with thousands more added each year. Globally, the crisis is equally severe -according to the United Network of Organ Sharing, more than 6,000 people in the US die on an annual basis waiting for a matched organ.Enter xenotransplantation. This innovative approach has the potential to reduce the global organ shortage.Read the full article.About the author:Kim Beane
In a landmark decision by the U.S. Supreme Court, the landscape of copyright law has been drastically changed. On May 9, in a decisive 6-3 ruling in the case of Warner Chappell Music Inc. et al. vs. Sherman Nealy et al, the Court made it clear: copyright infringement claims aren't locked into a mere three-year window for seeking damages. Read the full article.About the author:L. Christine Lawson
The intertwining of artificial intelligence with the fabric of innovation presents a challenge for the legal framework that governs intellectual property rights. In recently released guidance, the United States Patent and Trademark Office has set the bar for AI-assisted inventions, maintaining a decisive human-centric approach to inventorship standards. This update arrives among the flurry of advancements in AI technology and the escalating stakes across industries that rely on it for groundb...
In an era where consumers are increasingly seeking products made domestically, understanding the complexities behind "Made in USA" claims is critical. Recent enforcement actions by the Federal Trade Commission underscore the importance of accuracy and transparency in these claims. Read the full article.About the authorsJack B. HicksJames K. KearneyAngela EnnisAndrew Tuggle
On April 29, 2024, Chairman John Moolenaar, head of the Select Committee on the Chinese Communist Party, outlined his agenda for the committee's main focus areas during his time at the helm. Read the full article.Read our original client alert predicting Chairman Moolenaar's priorities.About the authorsKristina M. Moore*Carol Lee
In today’s digital landscape, the way we amass knowledge and data is undergoing a profound shift. This transition is not merely a technological one; it is catalyzing significant changes in the way we understand and apply information. At the heart of this transformation lies the concept of crowdsourcing, which is poised to redefine intelligence gathering across various sectors.Read the full article.About the authors:Robert A. BroadbentHoward W. Herndon
On April 30, 2024, the landscape of the cannabis industry experienced a monumental shift when the US Drug Enforcement Administration announced its decision to reclassify cannabis from a schedule I to schedule III substance under the Controlled Substances act. This move, coming after an 18 month review initiated by the Biden administration, is seen as a significant step towards acknowledging the therapeutic potential of cannabis and easing federal restrictions that have long hampered the indus...
On April 22, the Federal Trade Commission issued its final “Non-Compete Clause Rule” which bans most non-competes in the United States, and it's set to become effective 120 days after it is published in the Federal Register.So what does this mean for both employers and employees going forward?Read the full article.About the authors:John E. PueschelRichard J.R. Raleigh, Jr.Lee K. Van VoorhisJeffrey S. Whittle
The integrity and trustworthiness of data are paramount concerns for businesses and governments alike, driving an urgent need for robust cybersecurity measures. With the rise in cyber threats and the complexity of digital environments, organizations are increasingly turning to artificial intelligence to bolster their defense strategies. AI is not a silver bullet, but when integrated effectively, it can be a powerful ally in the fight against cyber-attacks. But is AI also a dual-edg...
Recently, the DOJ has rolled out a groundbreaking policy that promises to reshape corporate compliance and criminal investigation. The Pilot Program on Voluntary Self-Disclosures for Individuals marks a significant shift in how the government approaches corporate criminal enforcementRead the full article.About the authors: Luke CassMichael E. ClarkJoe D. WhitleyJames E. ConnellyAmy Lyons
On March 21, 2024, the United Nations General Assembly unanimously passed its first resolution on artificial intelligence, marking a significant commitment to safe and trustworthy AI development for global progress. Led by the United States and backed by 123 countries, the resolution emphasizes the need for regulations to reduce AI risks and ensure its benefits are shared equitably. U.S. Read the full article.About the authors:Seiko Okada, M.D., Ph.D.Dr. Christian E. Mammen
In an age of rapid technological advancement, traditional data collection has evolved through the use of crowdsourced data. This powerful tool is used by governments and private companies internationally. And its integration with AI has further enhanced decision-making and business insights. Read the full article.About the authors:Robert A. BroadbentStephen Anderson
From the EU to the USPTO – we’ve seen some recent legal activity on the AI front. In March, the European Parliament approve the EU Artificial Intelligence Act, marking a significant milestone for AI governance, and then a few weeks later, the United States Patent and Trademark Office released their guidance on disclosures when it comes to the use of generative AI.In this episode, we'll dig into these developments and look at what they mean for AI today.Read the article The EU Artificial Intel...
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