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Introduction – On 5 December 2024, the Commodity Futures Trading Commission (CFTC) Divisions of Clearing and Risk, Data, Market Oversight, and Market Participants issued a staff advisory on the use of artificial intelligence (AI) by CFTC-regulated entities (the Advisory)….By: K&L Gates LLP

Earlier this year we reported on the Federal Trade Commission’s efforts taken against certain drug manufacturers when listing device patents in the FDA’s Orange Book. We concluded that the efforts to date by the FTC had a minimal impact on a manufacturer’s decision on whether to list a device patent….By: Polsinelli

On 18 December 2024, the German Parliament (Bundestag) passed the Act on the Digitalization of Financial Markets (Finanzmarktdigitalisierungsgesetz, the “Act”). The Act is intended to complement key measures of the European Commission’s Digital Finance Strategy in German law….By: Mayer Brown

The District Court of Delaware recently confirmed an award of $9.15 million in attorney’s fees and costs to defendant Elysium Health, Inc. (Elysium), resulting from what it determined to be insubstantial litigation positions taken by plaintiffs ChromaDex, Inc. and Trustees of Dartmouth College (jointly, the plaintiffs, or ChromaDex and Dartmouth, respectively) in a patent litigation…

In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a trade secret, no trade secret misappropriation, and no damages or reasonable royalties owed….By: DLA Piper

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a certain amount of a food from at least one of the food groups or subgroups outlined by the Dietary Guidelines for…

For the third straight year, New York Governor Kathy Hochul vetoed the “Grieving Families Act,” which would have updated New York’s wrongful death law for the first time in over 175 years….By: Goldberg Segalla

The Directive expands the scope of liability to digital products (including AI systems), fulfilment service providers, and online platforms, while reducing the burden of proof for claimants. On 9 December 2024, the new Directive on Liability for Defective Products, Directive (EU) 2024/2853 (Product Liability Directive), came into effect. Companies are strongly encouraged to prepare for…

The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries. Nationwide Mutual Fire Insurance Company filed a declaratory judgment action and moved for summary judgment declaring that it had no duty to defend or to indemnify the insured…