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  • Article

    FTC Imposes Record $5.6 Million Civil Penalty To Settle Gun-Jumping Charges

    On January 7, 2025, the Federal Trade Commission (FTC) imposed a record $5.6 million civil penalty on crude-oil producers XCL Resources Holdings, LLC, Verdun Oil Company II LLC, and EP Energy LLC...
    United StatesAntitrust/Competition Law
    Winston Taylor
    Winston Taylor
  • Article

    Health System Targeted In Class Action For Alleged Anticompetitive Conduct

    A putative class of Connecticut citizens is alleging that Hartford HealthCare has amassed monopoly power to "extract higher prices from insurers, employers, and patients."
    United StatesAntitrust/Competition Law
    Winston Taylor
    Winston Taylor
  • Article

    Price Gouging & Invasion Of Privacy: How Your Organization Can Minimize Risk

    As the legal industry evolves, Winston & Strawn's attorneys write thought leadership pieces that help organizations make informed, strategic choices to protect their businesses.
    United StatesAntitrust/Competition Law
    Winston Taylor
    Winston Taylor
  • Article

    Avoid The SEC Penalty Box – Late Insider Reporting

    On September 27, 2023, the Securities and Exchange Commission (SEC) announced civil penalties against several officers, directors...
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    Expanding The Application Of 162(m) Deduction Cap To Other "Publicly Held Corporations"

    On December 17, I blogged on the new Proposed Regulations on the changes to Code Section 162(m) made by the Tax Cuts and Jobs Act of 2017. Today, I will focus on just one aspect of the proposed regs:
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    FinCEN Issues Proposed Rule To Delay The Investment Adviser AML Rule By Two Years

    Last month, we published an alert about the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) order providing exemptive relief for covered investment advisers (Covered IAs)...
    United StatesFinance and Banking
    Winston Taylor
    Winston Taylor
  • Article

    Texas Bill Introduced To Regulate Medical Spas Now Focused On Elective IV Therapy

    Back in April, we wrote about Texas House Bill 3749 (H.B. 3749 or the "Bill"), a bill that sought greater physician oversight of medical spas through...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Publishes Reasoning Behind Grant Of Summary Judgment On Section 101 Grounds In USC IP Partnership V. Facebook

    On December 13, we reported that Judge Albright granted summary judgment for Facebook in USC IP Partnership on section 101 grounds.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Pitman Grants Motion To Stay Pending Post-Grant Proceedings

    Plaintiff Foras Technologies Ltd. filed suit against BMW and Bosch on May 19, 2023, alleging infringement of the '958 Patent, which claims systems and methods for addressing silent data corruption.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Motion To Dismiss For Lack Of Personal Jurisdiction And Undue Delay In Service Denied

    On March 28, 2022, Defendant Realtek Semiconductor Corporation ("Realtek") filed a renewed motion to dismiss under Rule 12(b)(2) asserting that Plaintiff Bandspeed...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Anatomy Of An Acquittal — Delayed Vindication

    At the very end of the series Mad Men, the yoga instructor encourages his class, which includes the show'sprotagonist, Don Draper, with the following words: "A new day. New ideas. A new you."
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright's Latest Changes To Venue And Fact Discovery Practices

    Judge Albright issued two amended standing orders, which are now published on the Western District of Texas website here and here.
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    President Trump Fires Remaining Democratic FTC Commissioners

    On March 18, President Donald Trump fired the Federal Trade Commission's two remaining Democratic commissioners, Alvaro Bedoya and Rebecca Kelly Slaughter...
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    U.S. Appeals Court Rules That The Department Of Treasury Exceeded Its Authority In Sanctioning Tornado Cash

    The Fifth Circuit Court of Appeals held that Tornado Cash's immutable smart contracts are not the "property" of a foreign national or entity, meaning:
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    SEC Risk Alert: EXAMS' Review Of Marketing Rule Compliance To Focus On Testimonials/Endorsements, Third-Party Ratings, And Form ADV

    On June 8, 2023, the U.S. Securities and Exchange Commission (SEC) Division of Examinations (EXAMS) issued a risk alert (the Risk Alert) informing the industry that the SEC's staff will focus...
    United StatesMedia, Telecoms, IT, Entertainment
    Winston Taylor
    Winston Taylor
  • Article

    Don't Let Your Guard Down: The Limited Impact Of The AMG Capital Decision

    The AMG Capital decision was certainly a win for the direct sales channel, removing the primary tool the FTC has used over the past several decades to win money on behalf of consumers in court, § 13(b) of the FTC Act
    United StatesConsumer Protection
    Winston Taylor
    Winston Taylor
  • Article

    No More Antitrust "Safety Zones": DOJ Withdraws Longstanding Health Care And Information Sharing Guidance With Implications Far Beyond Health Care Industry

    The Department of Justice's Antitrust Division announced on Friday, February 3, that it is withdrawing three longstanding policy statements providing guidance concerning its enforcement of the antitrust laws...
    United StatesAntitrust/Competition Law
    Winston Taylor
    Winston Taylor
  • Article

    Trial Alert: VLSI Technologies v. Intel — Waco Weather Delays And Robust COVID-19 Protocols

    Jury selection was slated to begin today in the long-anticipated jury trial in the patent matter VLSI Technologies v. Intel in the Western District of Texas in Waco before Judge Albright.
    United StatesCoronavirus (COVID-19)
    Winston Taylor
    Winston Taylor
  • Article

    Breaking The Interlocking Chain: DOJ's Renewed Focus On Preventing Overlap Between Corporate Boards

    In a recent press release, the Antitrust Division of the United States Department of Justice (DOJ) announced that seven directors resigned from corporate board positions in response to the DOJ's...
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    Offshore Jurisdiction "Pristine Seabed" Case Dismissed

    On October 16, 2023, Judge Kenneth M. Hoyt of the U.S. District Court for the Southern District of Texas (Houston Division) granted the intervenor-defendant American Petroleum Institute's...
    United StatesEnergy and Natural Resources
    Winston Taylor
    Winston Taylor

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