Publications

With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the (significantly increased) risk of suffering discrimination, retaliation, and other costly claims. With many relevant state laws going into effect throughout the next twelve months, the clock is ticking.

The world of cybersecurity and privacy have grown exponentially in recent years, both on the federal and state level. A pandemic-driven shift to remote has increased social media interaction, and electronic communication with state and federal governments increasingly focused on big data and the use and sharing of consumer information.

Last year, the IRS revised the question regarding digital assets that appears at the top of 2022 income tax returns in order to update terminology. Now, in IR-2023-12, the IRS has provided guidance on how to answer that question.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

A pair of bills has been filed with the Texas Legislature that would amend the Texas Constitution (which is where the home equity lending statute is located) to allow home equity loan borrowers to close a home equity loan at a remote location using online notarization.

For many in the insurance industry, 2022 was a year of growth, a year dedicated to gaining traction after the residual effects of 2020. As we enter 2023, we reflect beyond the macro dynamics of other markets, in hopes of forecasting what is to come for the insurance industry.

The Board of Governors of the FRB released the final regulation, Regulation ZZ, to facilitate the transition away from the use of LIBOR as an index for variable rate loans due to LIBOR’s scheduled sunset on June 30, 2023.

On January 5, the FTC followed up on President Biden’s July 9, 2021 Executive Order requesting a broad ban on employer non-compete agreements. The proposed rule, based on the proposition that such agreements violate the FTC Act as an unfair competition method, would constitute a total ban on nearly all non-compete agreements.

As 2022 comes to a close, what better time to revisit our most popular insights of the last year? Our most-read pieces of 2022 appearing on JD Supra focused on decentralized finance, virtual currency, and cryptocurrency, mortgage foreclosures, and developments in cannabis law.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

David W. Thompson, Gregg Stevens, Joseph Apatov, and Sanford P. Shatz co-authored an article on "Gross v. CitiMortgage: An Expansion of the Duty to Investigate Under the FCRA" in the Conference on Consumer Finance Law (CCFL) Consumer Finance Law Quarterly Report, Vol. 75, No. 4.

The California Department of Financial Protection and Innovation (DFPI) has released the Translated Notice to Cosigner on its website, in anticipation of a January 1, 2023 effective date for its cosigner notice amendment.

Often we hear of companies dismissing the need for a title search prior to entering into a commercial lease of real property. While there may be different reasons, beyond simply the cost, why a prospective tenant may choose to forego a title search; however, no matter what the reason, not undertaking a title search comes with serious risks, even when the transaction is a lease rather than a purchase.

In Community Financial Services Association of America Ltd. (CFSA) v. Consumer Financial Protection Bureau (CFPB), the Fifth Circuit held that the CFPB’s independent funding mechanism is unconstitutional and, thus, vacated its payday lending rule.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

Tax season is nearly upon us. As cannabis businesses and the professionals who advise them can expect, navigating the variations and even direct conflicts that exist between and among the state and federal authorities that govern a cannabis business’s respective tax filings can be treacherous.

In late October, the Alabama Medical Cannabis Commission (AMCC) sent comprehensive License Application Forms to more than six hundred medical marijuana industry hopefuls throughout the state. The deadline to apply for one of Alabama’s 12 cultivator, four processor, four dispensary, five “integrated facility,” secure transporter, and state testing laboratory licenses is December 30, 2022.

The regulatory framework for cryptocurrency and DeFi in general is still a little murky. That hasn't stopped regulatory bodies from bringing enforcement actions against players in this space. What's on the horizon when it comes to investigation and enforcement activity in the decentralized finance space?

Buried deep in the Louisiana Code of Civil Procedure is a little-known law which gives creditors the right to seek wage garnishments from a borrower’s employer if the borrower fails to satisfy a loan obligation. In a recent case, after failing to respond timely (within 15 days) to garnishment interrogatories from an employee’s creditor and failing to appear at a hearing, an employer was held responsible for the full amount of a judgment rendered against its employee.

The Federal Trade Commission (FTC) has announced that the effective date for the new substantive information security requirements in the revised Safeguard Rule has been extended from December 9, 2022 to June 9, 2023.

Talk of bitcoin and cryptocurrency has been unavoidable in recent years. What should Louisiana businesses understand to play in this new sandbox?

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

The collapse of cryptocurrency exchange FTX has been widely reported across the world. One interesting exception to the fallout involves U.S. customers. We’ve received questions regarding whether there could be a regulatory reason for the different treatment between U.S. customers versus customers in other jurisdictions.

Effective January 1, 2023, all California vehicle owners will be able to display a digital license plate in lieu of a traditional, state-issued license plate. Assembly Bill 984—approved by the governor on September 29, 2022—effectively ends California’s multi-year pilot program, which capped digital license plates at roughly one-half of one percent of the state’s motor vehicles. California will join Arizona, Colorado, Georgia, and Michigan as states that have approved digital license plates for widespread use among the motoring public.

On September 29, 2022, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a final rule that establishes a beneficial ownership information (BOI) reporting requirement that will require reporting companies to report information about their respective beneficial owners to FinCEN, effective January 1, 2024. This reporting requirement will be in addition to the current state level requirements for submission of entity formation information.

On October 11, 2022, the Financial Crimes Enforcement Network (“FinCEN”) and the Office of Foreign Assets Control (“OFAC”) acted in parallel to issue the first joint action in the cryptocurrency market against Bittrex. Bittrex was a convertible virtual currency (“CVC”) platform with offices primarily in Washington State and was licensed as a money services business (“MSB”) with FinCEN. As a licensed MSB, Bittrex was required to develop, implement, and maintain an effective anti-money laundering (AML) program that was reasonably designed to prevent money laundering and the potential financing of terrorist activities.

We often look to the federal judiciary as the gold standard of American jurisprudence. However, when it comes to the rapidly evolving cannabis industry, the federal judiciary has been anything but consistent.

The final installment in McGlinchey’s Deep Dive Series covering all things decentralized finance (DeFi) is a clients only webinar featuring attorneys from McGlinchey’s Financial Institutions Compliance team. 

You may have heard things about cryptocurrencies and decentralized finance. How are these developments going to impact areas that range from insurance to employment to litigation?

California Attorney General Rob Bonta has never minced words in expressing his position that consumers should be protected from guaranteed asset protection (GAP) waivers. This trend continued with his sponsorship of AB 2311, authored by California State Assemblyman Brian Maienschein.

On August 15, 2022, the California governor signed SB 633, which expands the obligation of creditors to provide a cosigner notice when obtaining more than one person’s signature on a consumer credit contract. For purposes of this law, a consumer credit contract includes, among other things, retail installment contracts, loans, or other extensions of credit.

In his announcement, the President stated that thousands of people with prior federal convictions could be denied housing, education, or employment. His statement is technically true – there are about 6,500 individuals who have been convicted of federal offenses for simple marijuana possession since 1992. The bigger issue is state convictions, as marijuana offenses overwhelmingly occur at the state level.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

yptocurrency has gained in popularity. Many finance companies have begun offering digital loyalty points and rewards. This sounds appealing until it's time to figure out how and when digital currency may be taxed.

The Inflation Reduction Act of 2022 has reinstated the Hazardous Substance Superfund Financing Rate at 16.4 cents per barrel on crude oil and petroleum products. Should chemical distributors care? The general answer is yes. This article provides background on the reinstated rate and how chemical distributors will be affected by its reinstatement, effective January 1. 2023.

Over the past twenty years, Louisiana has been hit by numerous natural disasters, each of which bring a new wave of unlicensed and unqualified home improvement contractors to the state. During the 2022 legislative session, the Louisiana Legislature passed two broad acts aimed at regulating home improvement contractors. House Bill 539 amended La. R.S. 37:2175.3 by enacting seven articles that prohibit certain unfair trade practices. However, House Bill 602 then repealed RS 37:2175.1 through 37:2175.6, bringing into question the validity of these new additions to 37:2175.3. Consequently, it is unclear whether the new unfair trade practices act provisions are in effect. We anticipate resolution in the next legislative session.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

The market for digital assets has exploded in recent years. Digital and virtual currency activities provide great opportunities financially and technologically. However, such currencies can be utilized for illicit activity through exchanges, peer-to-peer exchangers, mixers, and darknet markets, which increase the risk of money laundering and terrorist financing. Financial institutions and other industry players haveMore

Beginning October 1, 2022, in lieu of the traditional metal license plate issued by the Georgia Department of Revenue (“Department”), motor vehicle owners may display a digital license plate provided by a state-approved digital license plate provider. The final rule, effective October 1, 2022, was published in June. Georgia is the fifth state to approve digital license plates, following Arizona, California, Colorado, and Michigan. (Earlier this year, Texas approved such plates for commercial fleets of twenty-five or more vehicles, but it has not yet approved them in non-commercial applications.)

On September 15, 2022, the U.S. Court of Appeals for the Second Circuit ruled in Cantero v. Bank of Am. that the National Bank Act (NBA) preempts a New York law requiring mortgage lenders to pay interest on mortgage escrow accounts as it relates to national banks. This ruling creates a circuit split on the issue of NBA preemption of state laws requiring payment of interest-on-escrow accounts.

On August 31, 2022, the Federal Housing Finance Agency (FHFA) announced that the agency will conduct a comprehensive review of the Federal Home Loan Bank (FHLBank) System starting in the fall of 2022. As part of the agency’s review, FHFA is seeking feedback from the public on the efficacy of FHLBanks. In particular, FHFA is seeking feedback from the public in six areas:

On August 24, 2022, the U.S. Court of Appeals for the Third Circuit held that the plain text of the Fair Credit Reporting Act (FCRA) operates as a waiver of sovereign immunity, widening the circuit split on this issue.

The trend to legalize the medical and recreational use of marijuana continues to blaze through the states, but federal law — and bankruptcy courts by extension — have not yet followed suit.

It is a relentless battle to protect your data from hackers, fraudsters and even nation-states that commit cyberattacks against the financial services sector. Legal requirements for data security come from a variety of places, including the Gramm-Leach-Bliley Act’s Safeguards Rule, examination requirements, payment network rules and contract requirements. We have seen data security enforcement actions by the Federal Trade Commission (FTC) for many years.

On Wednesday September 7, 2022, acting Comptroller of the Currency Michael J. Hsu gave remarks in New York City at the Clearing House + Bank Policy Institute Annual Conference. Hsu’s remarks were focused on measures the OCC is taking to build stronger trust among consumers in the banking system.

On July 26, 2022, the Office of the Comptroller of the Currency (OCC) issued an update to its 2013 policy statement on minority depository institutions (MDIs). Changes to the policy statement include: (i) clarifying the definition of an MDI, (ii) describing how an MDI may be formed de novo or by designating an existing bank as an MDI, and (iii) providing examples of support to MDIs. The updated policy statement streamlines descriptions of the OCC’s policies, procedures, and programs relative to MDIs.

Gregg Stevens (Dallas) and Greg DeVries (Houston) authored an update on FCRA Litigation for the Texas Bar CLE’s 18th Annual Course on Advanced Consumer & Commercial Law.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

Under current California law, cannabis licensees are not permitted to “transport or distribute, or cause to be transported or distributed, cannabis or cannabis products outside the state, unless authorized by federal law.” 

Many states have laws that provide “super liens” to facilities that tow, repair, and store vehicles. Georgia’s current abandoned motor vehicle statute is an example of how these statutes can put the secured party financing source’s lien in jeopardy.

While student loan debt forgiveness may be excludible from income for federal income tax purposes, some states do not exclude such debt forgiveness from income for state income tax purposes. This means the borrower may have to pay state income tax on the forgiven student loan debt.

Big changes are coming to the UCC, the Uniform Commercial Code, with regard to cryptocurrency and other digital assets. What will that mean to business trans

Perhaps the most challenging (and intimidating) part of Decentralized Finance is understanding all the terms and industry jargon—many of which are new and technical while others are as old as time but commonly misunderstood.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand our Commercial Law Bulletin from its previous coverage of Ohio case law to include additional areas in McGlinchey’s footprint.

The Fair Credit Reporting Act (FCRA) 15 USC 1681 et. seq. requires furnishers of information to report the information accurately. Recently, several payment rating/account status cases have been filed and litigated where the Plaintiff’s bar contends the industry’s reporting of account information is misleading and violates the FCRA. However, on August 8, 2022, the U.S. Court of Appeals for the Third Circuit outlined how district courts within the Circuit must analyze credit reports when determining whether an individual tradeline is inaccurate or misleading under the FCRA. This analysis may prove to be the first nail in the coffin of the so-called “payment rating” cases which began in 2015.

On July 26, 2022, the Office of the Comptroller of the Currency (OCC) issued an update to its 2013 policy statement on minority depository institutions (MDIs). Acting Comptroller Michael J. Hsu noted as follows concerning the reason for updating the policy: “MDIs are on the frontlines serving low-income, minority, rural and other underserved communities. They are a critical source of credit to support the financial needs and economic vitality of their communities. The OCC has a long history of recognizing the value of these institutions, and we will continue our efforts to ensure they remain a bedrock of financial access and inclusion.”

Effective August 10, 2022, the owner of a Colorado registered vehicle may display a “digital number plate” in lieu of one or both of the plates traditionally issued by the Colorado Division of Motor Vehicles (“DMV”), as long as the registration number and expiration date are clearly visible at a distance of one hundred feet in normal sunlight. The legislation was signed by the Governor on April 22, 2022. Colorado is the fourth state to enact such legislation, following Arizona, California, and Michigan.

On July 28, 2022, the Board of Governors of the Federal Reserve System published a proposed regulation to implement the Adjustable Interest Rate Act. Due to problems with LIBOR no longer being representative of the underlying borrowing costs of banks that LIBOR was intended to reflect, LIBOR is scheduled to be discontinued on June 30, 2023.

With the anticipation of federal marijuana legalization, the cannabis industry rang in 2021with sky-high equity values and anticipated social justice reforms seemingly imminent. However, differing ideas regarding how to legalize marijuana has left federal legalization in limbo.

In this episode of "More with McGlinchey," Aaron Kouhoupt and Robert Savoie (Cleveland) discuss the fascinating and vibrant world of decentralized finance, blockchains, virtual and cryptocurrency.

With the increasing adoption of remote work policies and use of electronic messaging platforms, should employers be concerned that their employees may inadvertently open the door to a lawsuit?

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand our Commercial Law Bulletin from its previous coverage of Ohio case law to include additional areas in McGlinchey’s footprint.

A recent decision from a divided three-judge panel of the U.S. Court of Appeals for the First Circuit has put these residency requirements in jeopardy by holding that Maine’s residency requirement for marijuana business license holders violates the dormant Commerce Clause of the U.S. Constitution.

Recent federal cases and administrative actions make it clear that, although participants in the marijuana industry may be engaging in conduct deemed illegal under federal law, cannabis companies must still comply with federal discrimination laws.

On July 13, 2022, the FTC’s proposed Motor Vehicle Dealers Trade Regulation Rule, was published in the Federal Register. The FTC’s stated purpose of the proposed rule is to "protect consumers and honest dealers by making the car-buying process more clear and competitive". More specifically, the FTC believes consumers do not know the true cost of the vehicle they purchase and finance, and that consumers unknowingly purchase or are tricked into purchasing Add-on products without knowing its costs, benefits, that the Add-on products are optional, or that they are even purchasing Add-ons for the vehicle at all.

You are likely aware that the Fair Credit Reporting Act (FCRA) 15 USC 1681 et. seq. requires furnishers of information to report the information accurately. Recently, several payment rating/account status cases have been filed and litigated where the Plaintiff's bar contends the industry's reporting of account information is misleading and violates the FCRA. However, on August 8, 2022, the U.S. Court of Appeals for the Third Circuit outlined how district courts within the Circuit must analyze credit reports when determining whether an individual tradeline is inaccurate or misleading under the FCRA. This analysis may prove to be the first nail in the coffin of the so-called 'payment rating' cases which began in 2015.

The world of decentralized finance, blockchains, virtual and cryptocurrency have grown exponentially in recent years. Many financial institutions are looking to enter or expand their operations in the digital economy, but the regulatory environment gives many pause.

Yesterday, the United States Senate passed the Inflation Reduction Act of 2022. As introduced, the Act included a provision requiring that carried interests (known to real estate developers as “promotes”) would have required that developers hold on to their interest in the development venture for 5 years, rather than the current 3 years required by Section 1061 of the Internal Revenue Code (the Code).

State rep. Jerome “Zee” Zeringue, R-Houma, views the recent updates to Louisiana’s offshore wind energy legislation as an important step in securing new investments and new jobs through the state’s developing offshore wind energy business.

Dealers continue to struggle with inventory shortages that frustrate sales staff and potential customers. In many cases, potential customers are ready, willing and able to finance a specific vehicle or type of vehicle if it becomes available within a month — or possibly within two, three or even four months in the current environment. This raises questions about how dealers can respond when customers want to finance vehicles that may remain unavailable for months.

On July 8, 2022, the Federal Reserve Board (“Board”) updated “Question 3” of its frequently asked questions (FAQs) regarding Regulation O, “Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks.” In the update, the Board clarified that a bank’s payment of premiums as part of a split-dollar life insurance arrangement is not an improper extension of credit to an insider if certain conditions are met.

The U.S. Department of Housing and Urban Development (HUD) Code, the federal building code regulating the manufacture, installation, and overall safety standards of manufactured homes, is about to undergo another major update. On July 19, 2022, HUD published its proposed rule amending the HUD Code. The comment deadline is September 19, 2022.

On Thursday, July 21, 2022, Senators Chuck Schumer, Ron Wyden, and Cory Booker unveiled the long-awaited Cannabis Administration and Opportunity Act (CAOA), which, if passed, would decriminalize marijuana at the federal level and require various federal agencies to establish rules for regulating various aspects of the marijuana industry.

Continuing a recent trend of highlighting potential unfair and deceptive acts or practices (UDAAP) within the auto loan servicing industry, the Consumer Financial Protection Bureau (CFPB) recently issued a new blog post focusing on the Servicemembers Civil Relief Act (SCRA). Auto loan servicers and dealerships may want to review their SCRA policies and procedures to ensure they comply with the law and provide the requisite protection for active military members prior to repossessing collateral.  

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

Member Sarah McMillan (New Orleans) served as co-editor of the Summer 2022 issue (Vol. 18, Issue 4) of the American Bar Association's The SciTech Lawyer, which includes articles on The Internet of Things, supply chains, cybersecurity, climate change, privacy and remote work, and career prospects for new law school graduates.

servicing portfolios. This quarter, the reporting banks serviced approximately 12.2 million first-lien residential mortgages, with an unpaid principal balance of $2.6T, representing 22% of all outstanding residential mortgage debt.

On June 23, 2022, Representatives Pallone, Rodgers, Schakowsky, and Bilirakis introduced the American Data Privacy and Protection Act, HR 8152. This Act represents an effort to create a comprehensive federal privacy law. Information that could be linked to a person or a device would be covered, and the Act would provide extra protections for sensitive covered data. The Act would not cover publicly available data or de-identified data.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

ent demands application of various methods of planning and construction, as well as financing. One of the proven means of achieving energy efficiency in developing and redeveloping commercial properties has been the Commercial Property Assessed Clean Energy program, commonly known as “C-PACE.”

The Louisiana Virtual Currency Business Act, which requires virtual currency businesses to hold a license became effective on August 1, 2020. At that time the Louisiana OFI was tasked with adopting administrative rules to govern the licensing process before it could begin accepting license applications.

The CFPB has announced a clear focus on fair lending, “junk” fees, voluntary protection products, and repossessions. Each of these focus areas will require powersports finance companies to reconsider their relationships with service providers whose value proposition is to be the “brain” behind complex operational functions like credit decisioning, payment processing, and default servicing.

Ben Schupp (New Orleans) authored an article on equitable subordination in the Q2 2022 issue of Marine Money Magazine, the ship finance publication of record.

The Conference of State Bank Supervisors (CSBS) has sent letters to the U.S. House of Representatives and the Senate, stressing the importance of providing safe harbor for financial institutions offering financial products and services to cannabis or cannabis ancillary businesses under the proposed Secure and Fair Enforcement (SAFE) Banking Act.

The MBA's First Quarter 2022 National Delinquency Survey revealed that the delinquency rate for mortgage loans on 1–4-unit residential properties decreased to 4.11% of all loans outstanding at the close of the first quarter of 2022.

On May 24, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it is replacing the Office of Innovation with the newly-established Office of Competition and Innovation. The CFPB intends to “help spur innovation in financial services by promoting competition and identifying stumbling blocks for new market entrants.”

On May 17, 2022, the Federal Deposit Insurance Corporation (FDIC) adopted a final rule establishing a new subsection B to the Federal Deposit Insurance Act (FDIA) addressing False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo.

The CFPB issued a Fair Lending Report in May of 2022 (“Report”), in which it provided updates on its involvement with ongoing litigation, including its amicus program. The CFPB emphasized that its amicus program provides courts with its views and helps “ensure that consumer financial protection statutes are correctly and consistently interpreted.”

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.

As the trend to legalize the medical and recreational use of marijuana continues to blaze through the states, federal law, and bankruptcy courts by extension, have not yet followed suit. Bankruptcy courts have historically prevented cannabis – and even cannabis-ancillary companies – from filing for protection under the U.S. Bankruptcy Code because marijuana remains illegal under the CSA at the federal level.

Beginning July 1, 2022, a Federal excise tax, commonly referred to as the “Superfund Tax,” will be imposed on any taxable chemical sold by a manufacturer, producer, or importer. The Superfund Tax also will be imposed on the importer if taxable chemicals are consumed, used, or warehoused in the United States. The Superfund Tax funds the Hazardous Substance Superfund Trust Fund for use in the clean-up of hazardous waste sites.

The Consumer Financial Protection Bureau (CFPB) has given special consideration to data, algorithms, and machine learning for years. In 2017, as part of a field hearing on alternative data, the CFPB issued a request for information in part to explore “whether reliance on some types of alternative data could result in discrimination, whether inadvertent or otherwise, against certain consumers.”

Whether you are an existing domestic company expanding to offer a consumer finance product or service, a new domestic company looking to enter the space as a start-up, or a foreign company looking to expand into the U.S. market, there are a number of important considerations facing your business during the planning phase. Below is a list of some of the factors your business should think about while developing your product offering.

On May 24, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it is replacing the Office of Innovation with the newly-established Office of Competition and Innovation. The CFPB intends to “help spur innovation in financial services by promoting competition and identifying stumbling blocks for new market entrants.”

Kentucky and Virginia have passed legislation relating to student loan servicers. In Kentucky, a new student loan servicing law creates new licensing and compliance requirements. In Virginia, an amendment to their law limits the scope of their existing law. An explanation of the changes follows below.

On Thursday, May 19, 2022, the Ninth Circuit ruled that hemp-derived products which contain delta-8 THC are currently legal under federal law, and entitled to trademark protection.

In a per curiam decision released on March 8, the U.S. Court of Appeals for the Fifth Circuit in New Orleans found that a noncompete agreement was not enforceable because the employee signed it before he was officially hired.

In a unanimous Opinion issued Monday, May 23, the United States Supreme Court resolved a circuit split and held that waiver of a right to arbitrate does not require a showing of prejudice to the opposing party.

McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation.