Kristie Rearick

August 26, 2024 | The Legal Intelligencer

While legal in 38 states, each cannabis jurisdiction has its own, and often conflicting, testing and labeling laws. Thus, unlike virtually every other product sold in America, no two states' cannabis items are identical and the respective potency and contaminant level testing and labeling standards greatly vary, impose enormous health and safety concerns, and create havoc for those growing, manufacturing, testing and selling cannabis.

By Steve Schain

9 minute read

August 26, 2024 | The Legal Intelligencer

In the last month, stakeholders have won significant victories in both federal and state courts regarding environmental issues that impact the commonwealth of Pennsylvania.

By Charles J. Dennen

6 minute read

August 26, 2024 | Legaltech News

Before exploring its role in powering the effective use of gen AI tools, it is critical to understand what a "data strategy" entails in a corporate legal setting. In general, a data strategy is a comprehensive plan that outlines how an organization collects, stores, manages, shares, and uses data.

By Eric Gorman, Jeff Ikejiri, Nathan Giang and Minki Kim, KPMG

9 minute read

August 26, 2024 | Daily Business Review

AOLs are an important emerging trend in real estate finance transactions. However, despite being more affordable than title insurance, they should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.

By Ahmad H. Mango

6 minute read

August 26, 2024 | New York Law Journal

The compliance landscape for cosmetic products is now dramatically changing as a result of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), which imposes significant compliance obligations on the cosmetic industry in an effort to promote public safety and protect public health.

By Andrew Lustigman and Claudia Dubón

8 minute read

August 26, 2024 | New York Law Journal

Whether portions of the vertical are private are not, if counterfeit and fraudulent activity is taking place, they should be treated as public for commercial use and therefore enjoined with damages. It may be unchartered territory, but brands should be proactive and aware of what is happening on other platforms.

By Emily Borich

9 minute read

August 26, 2024 | New York Law Journal

Two ways brands can strike that balance is by seeking reasonable injunctions limited to use of recycled fabric containing their marks, and by taking beneficial ownership of upcycling opportunities and unauthorized upcycling.

By Tamar Duvdevani, Staci Trager and Maegan Stanley

9 minute read

August 26, 2024 | New York Law Journal

PFAS have become the focus of state and federal regulatory efforts over the past several years. The fashion industry now faces significant compliance hurdles, including the upcoming bans of certain PFAS-containing apparel in major markets like New York and California, as well as potential federal reporting obligations for manufactured or imported PFAS-containing products.

By Marjorie J. Peerce and Erin M. Carter

9 minute read

August 26, 2024 | New York Law Journal

Many "upcyclers" defend their practices on the basis that they are creating "one of a kind" works of art which are protected by the First Amendment or as a fair use of the branded product. However, many brand owners disagree and claim such upcycled products infringe their trademark rights or constitute counterfeiting. This article explains what upcycling is and discusses trademark issues related to the practice.

By Michael Schwab

8 minute read

August 26, 2024 | New York Law Journal

Unique product features or signature designs can be registered as trademarks when properly positioned. Besides a brand name, the question is, what other brand elements communicate their source to consumers such that they can be registered as trademarks?

By Marc P. Misthal

8 minute read