Significant Merchant Electric Legislative Amendments Head to Governor's Desk
Over the past several years, Kentucky, similar to other states, has received many applications for industrial-scale solar generation and energy storage facilities in rural areas across the Commonwealth. Up to this point in time, seeking and receiving a Certification for Construction from the Kentucky State Board on Electric Generation and Transmission ("Siting Board") followed a framework developed before recent commercial interest in large-scale solar development arose in Kentucky. Attorney Bill Gorton takes a look at the issues and concerns that have arisen.
IP vs. PR: Lessons From the Dungeons and Dragons Open Game License Controversy
Wizards of the Coast, LLC (“WOTC” or “Wizards”) and its parent company Hasbro, Inc. (“Hasbro”) recently found themselves facing unexpected backlash from their attempt to modify an existing license agreement which they had in place with content creators, the Open Game License (OGL), which allowed those creators to use game mechanics and other elements from the Dungeons and Dragons (D&D) table-top role playing game. IP attorney TJ Mihill takes a look at what's going on.
Strengthening Buy America Requirements
In his recent State of the Union speech, President Biden highlighted an intention to increase enforcement of Buy America requirements for federally funded infrastructure projects. The next day, the Office of Management and Budget (OMB) issued a proposed rule and notice of proposed guidance aimed at standardizing the implementation of the Build America, Buy America provision of the bipartisan Infrastructure Investment and Jobs Act (IIJA or Act) enacted in November 2021. This proposed guidance is intended to clarify and strengthen enforcement of the Buy America requirements. Contractors pursuing and working on infrastructure projects funded by the Act need to be aware of these requirements summarized below.
Kentucky Lawmakers Considering Comprehensive Data Privacy Legislation
Kentucky may soon join the growing number of states that have enacted data privacy legislation. On January 3, 2023, Senator Whitney Westerfield and Senator John Schickel introduced Senate Bill 15, which, if passed, will create new sections of KRS Chapter 367 to establish consumer protection rights for Kentucky residents relating to personal data.
Scammers are Now Impersonating the USPTO: What You Need to Know
Recently the U.S. Patent and Trademark Office (USPTO) issued a Notice pertaining to a recent development in fraudulent communications pertaining to U.S. Trademark registrations and registration applications. Scammers are and have been accessing publicly available Trademark information and directly contacting applicants/registrants.
CFPB Issues Advisory Opinion on Digital Shopping Platforms for Mortgages
The Consumer Financial Protection Bureau (CFPB) has warned that Digital Mortgage Comparison-Shopping Platforms may violate the Real Estate Settlement Procedures Act’s (RESPA) anti-kickback rules. At issue are digital platforms or “online marketplaces” that enable potential borrowers to comparison shop options for mortgages and other settlement services. These websites allow potential borrowers to enter limited information that is typically part of a mortgage application, and then the platform operator purports to compare various mortgage options based on the information. The provided options typically generate paid leads for the suggested lenders and the website operator often sells the potential borrower’s contact information.
Down the Rabbit Hole: Assessing the Reach of Amended Rule 7.1
Rule 7.1 of the Federal Rules of Civil Procedure has long required each “nongovernmental corporate party” to file a disclosure statement when that party takes its first action in a federal court lawsuit. Effective, December 1, 2022, however, the rule was amended to require that when a case that is in federal court because of diversity jurisdiction is filed or removed, each “party or intervenor” must file a disclosure statement that provides the “name—and identif[ies] the citizenship of—every individual or entity whose citizenship is attributed to that party or intervenor.”
FTC Issues Notice of Proposed Rulemaking to Ban Employee Non-Compete Agreements
In a move sending shockwaves through the business world, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would ban employers from entering into non-compete agreements with their workers and invalidate existing non-compete agreements. The FTC will be accepting comments on the proposed rule for the next 60 days.