Insights

Washington – February 19, 2021: Crowell & Moring counsel Michelle Pham has been selected as a member of the Leadership Council on Legal Diversity’s 2021 class of Fellows. In addition, associates Helen Osun and Chris Garcia have been named to the LCLD 2021 class of Pathfinders. The Fellows and Pathfinders programs are widely considered two of the most comprehensive legal talent development programs in the nation.

Washington – November 25, 2019: Determined to win justice and ensure that similar lockdowns never happen again, four residents of Baltimore’s Harlem Park neighborhood today filed a federal court lawsuit against the Baltimore City Police Department and former Police Commissioner Kevin Davis, charging that their state and federal constitutional rights were violated during a six-day, multi-block police lockdown of their neighborhood following the death of Detective Sean Suiter in late 2017.

On October 25, 2024, FDA issued final guidance to the tattoo industry on the preparation, packing and holding of tattoo inks aimed at preventing the risk of microbial contamination. FDA is getting involved because tattoo ink is considered a cosmetic product regulated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).

The Federal Circuit recently held that a claim that a product is protected by patents when it is not may constitute false advertising. Defendants in this case, Dawgs Inc., accused the makers of Crocs of using the terms “patented,” ‘proprietary,” and “exclusive” in its advertising in a manner that misled consumers about the nature, characteristics, or qualities of its own products and the products of its competitors. Specifically, Dawgs alleged that Crocs made promotional statements that a patent covers its Croslite shoe material, that Croslite has numerous tangible benefits found in all of Crocs’ shoe products and that, because Croslite is “patented,” others’ products lack these same benefits. Crocs, Inc. v. Effervescent, Inc., No. 2022-2160, 2024 U.S. App. LEXIS 25001 (Fed. Cir. Oct. 3, 2024).

A warning letter posted by the Food and Drug Administration (FDA) on June 18, 2024 offers a first glimpse into how FDA may enforce its new regulatory scheme for products that fall within the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)’s purview. While MoCRA was enacted in December 2022 and many of its provisions became enforceable on December 29, 2023, until now, many have wondered how FDA will exercise its new enforcement powers.

As retailers pivot to conduct business amid the Covid-19 pandemic, including embracing increased e-commerce, it is imperative that they understand how to navigate the supply chain and protect themselves. 

With more employees working remotely due to COVID-19, the risk of disclosure of sensitive business information significantly increases as information is accessed outside the office. Employees are increasingly relying on video services to remain connected, but the increasing prevalence of video services does not come without problems. Join us for a discussion of the risks and tips for ensuring your company’s trade secrets are protected.