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Crowell & Moring has issued its seventh-annual “Litigation Forecast 2019: What Corporate Counsel Need to Know for the Coming Year.” 

The Forecast provides concise, forward-looking perspectives on technological developments that can help corporate counsel identify the many opportunities and challenges ahead as they harness the power of technology. The Forecast further explores the developing legal, regulatory, and technology developments affecting a wide range of companies in twelve areas of law: antitrust, corporate, cybersecurity, e-discovery, environmental, government contracts, health care, intellectual property, international trade, labor and employment, torts, and white collar.

In the article, “AGs: Watching Out For Consumers,” authors examine why state attorneys general are especially focused on consumer protection, bringing increased risk as well as potential opportunities to companies.

Be sure to follow the conversation on social media with #LitigationForecast.

Crowell & Moring has issued its Regulatory Forecast 2018: What Corporate Counsel Need to Know for the Coming Year.

With the development of artificial intelligence, blockchain, 3D printing, the Internet of Things, autonomous vehicles, and other advances in technology, the cover story, Digital Transformation: The Sky’s the Limit,” provides a look at how technology is helping companies soar to new heights and how regulation can help companies to succeed. While data is a driver for innovation, the article examines how it also carries new and unintended implications for regulatory enforcement, product liability, cybersecurity, and intellectual property.

The overall theme of the fourth-annual Forecast is how digital technology is driving the future of business across a wide range of industries – and how Washington, as well as state and global regulators, is forging the appropriate balance between fostering innovation and protecting consumers. This report is the companion piece to the firm’s 2018 Litigation Forecast, which was published in January and also focused on the opportunities and challenges general counsel face in navigating the Big Data revolution.

Be sure to follow the conversation on Twitter with #RegulatoryForecast.

 

Crowell & Moring has issued its Litigation Forecast 2018: What Corporate Counsel Need to Know for the Coming Year.”

With the development of artificial intelligence, chat bots, the Internet of Things, autonomous vehicles, and other advances in technology, the cover story, “Data, Data Everywhere,” takes a deep dive into the opportunities and challenges general counsel face in navigating the Big Data revolution. While data is a driver for innovation, the article examines how it also carries new and unintended implications for regulatory enforcement, product liability, cybersecurity, and intellectual property.

Be sure to follow the conversation on Twitter with #LitigationForecast.

 

Join Us for a Webinar – Tuesday, October 10, 2017 12:00 – 1:00 PM ET

It’s been said that “A lie gets halfway around the world before the truth can even pull its boots on.” In today’s world of online commentary and social media, this is truer than ever.

In the cyber-world, you or your company may be accused of selling defective goods, providing poor service, misleading customers, defrauding the government, or committing unethical or criminal conduct. These accusations can appear in e-mails to your clients or government enforcement agencies, as posts on blogs or company websites, or in streamed videos on social media. What’s more, they can be made or circulated by competitors or persons cloaked behind the anonymity of the internet, making it difficult (but not impossible) to hold responsible persons accountable.
As a result, internet defamation cases are on the rise. A surprise reputational attack in the cyber-world requires quick thinking and a game plan.

Please click here to register for this webinar, or click here to view the event on Crowell.com.

This 60 minute webinar will cover the:

  • types of growing internet defamation (and sometimes intellectual property infringement) cases
  • “hot” litigation issues, including First Amendment anonymity, Communications Decency Act Section 230, and personal jurisdiction issues
  • related anti-SLAPP statute issues
  • steps to defend your online reputation

Presenters:

 

 

First 100 Days LogoThursday, March 30, 2017 1:00 – 2:00 p.m. Eastern

Aggressive enforcement, massive recalls and proactive safety agendas left an indelible impression on the product safety world under the Obama administration. Product safety is no longer a bipartisan affair. But what will the Trump administration mean for your regulatory compliance programs? What changes will we see and how will they affect your safety program?

Join us for a roundtable discussion of what the regulated community can expect under the new administration at the Food & Drug Administration, Consumer Product Safety Commission and the National Highway Safety Administration. We’ll help you to forecast where policy shifts on by focusing on topical discussions of emerging products such as autonomous cars, drones, miniaturized cameras and e-cigarettes, and emerging issues including fire and lithium ion batteries, as well as hacking concerns on interconnected products.

Click here to register for this webinar, or click here to view the event on Crowell.com.

Key topics:

  • Taking stock: Where are we now? What happens before new officials at the FDA, NHTSA, CPSC and DOJ are nominated and confirmed?
  • Where and how will the Trump administration affect current agency priorities?
  • Can autonomous vehicle technology and interconnected products thrive in the next four years? Any advantages or hurdles?
  • Will we continue to see aggressive enforcement agendas at the agencies and how will the DOJ respond? How litigious will these agencies be in the coming months and years?
  • What is the future of safety policy and rulemaking? Can these agencies met the EO requiring the repeal of two rules for every one promulgated? And what impact will the federal hiring freeze have on safety programs?

Speakers:

Crowell & Moring is partnering with the United States Fashion Industry Association (USFIA) for an October 20 webinar covering the emerging legal landscape for the fashion industry in the digital media age. The webinar will run from 2:00 to 3:00 pm ET and will explore how to:

  • Best protect your intellectual property rights as fashion goes high tech.
  • Avoid advertising and regulatory pitfalls.
  • Minimize “at the border” customs delays or litigation.
  • Safeguard your interests in an age of heightened data capture.

The panelists from Crowell & Moring will include:

  • Cheryl A. Falvey, partner in the Washington, D.C., office and co-chair of the firm’s Advertising & Product Risk Management Group. Cheri is the former general counsel of the Consumer Product Safety Commission (CPSC).
  • Lora A. Moffatt, partner in the New York office and a member of the firm’s Intellectual Property Group, focusing on brand protection.
  • Frances P. Hadfield, counsel in the New York office and a member of the firm’s International Trade Group, focusing on customs litigation and regulatory compliance.

Registration is free for USFIA members or affiliates and $95 for non-members. Please click here for more information and to register at usfashionindustry.com.

First, it was the “Internet of Things” and now it is the “Internet of Dolls.” Mattel, maker of the iconic Barbie doll, has announced plans to introduce “Hello Barbie,” a doll with a Siri-like ability to communicate. The new Barbie, which connects to the cloud through WiFi, can have conversations, tell jokes, and play games with the children who own them.

Hello Barbie also has the ability to listen and learn girl’s preferences and adapt to them accordingly.  During a recent demonstration when a Hello Barbie prototype was asked “What should I be when I grow up?” she responded “Well, you told me you like being on stage. How about a dancer? Or a politician? Or a dancing politician?”

This Barbie doll is likely just the first in what will surely be a long line of dolls and toys that have incredible technological capabilities—whether it is a Siri-like ability to communicate, video recording technology, or the chance to communicate to friends.

But, as these new frontiers of play develop, manufacturers and marketers need to work to ensure that we can strike a balance between innovative play and children’s safety and privacy. And the lines aren’t always clear.

Continue Reading When Your Toys Talk Back: Children’s Privacy and Safety in an Age of Wired Toys

Cheri Falvey - Crowell & Moring partner and co-chair of the firm’s Advertising & Product Risk Management Group

Consumer safety is increasingly on the minds of government regulators and consumer product companies. In a three-part video series, Cheri Falvey, Crowell & Moring partner and co-chair of the firm’s Advertising & Product Risk Management Group, as well as former general counsel of the CPSC, breaks down risk mitigation strategies that consumer products companies should consider as part of their compliance programs.

In these two-minute videos, Cheri goes over common mistakes that companies can make in meeting their regulatory compliance obligation, what corporate officers can do to avoid enforcement action, and how to minimize the risk of litigation during a product recall, amongst other considerations. Click here to view this video alert and to access a transcript on Crowell.com. Each video is also embedded at the bottom of this post.

Continue Reading VIDEO: Risk Mitigation Strategies and Compliance Programs for Consumer Product Companies

The choices facing American consumers are no longer just “paper or plastic” or “do you want fries with that?” Today, when strolling the aisles of a grocery store, customers have the option to buy local, organic, gluten-free, low-carb, or any other of a dozen choices. The local coffee shop offers a selection of responsibly-sourced coffees, shade grown coffees, and beans from Ethiopia, Yemen, or Guatemala. What savvy companies and marketers have realized is that American consumers like choice and they like to feel good about the products they buy.

And global trends— like safety concerns about foreign-made products, interest in supporting a flagging U.S. economy, or just plain patriotism—may encourage consumers to change their buying patterns—in favor of American goods. Smart manufacturers and marketers understand this and know that customers may be willing to pay a premium for American quality goods. And so, unsurprisingly, smart companies are doing what they can to make and market products as “Made in America.”

Continue Reading “Made in America” Claims: the Landscape, FTC Guidance, and Tips for Manufacturers and Marketers

On August 13, 2014, Crowell & Moring’s Cheryl A. Falvey was featured as the luncheon keynote speaker at the Promotional Products Association International (PPAI)’s Product Safety Summit in Boston, MA. Her topic was titled: “Building a Scalable Compliance Program for a Small Business.”

The PPAI Product Safety Summit was a one and a half day educational program that focused on the most-pressing product safety issues, as well as the business implications, challenges, and opportunities associated with compliance. Facilitated by industry thought leaders and representatives from product safety labs and product certification groups, this eye-opening event explored the latest developments, as well as best practices.

Click here to read the full article on Cheri’s keynote presentation.