Taglines – Trademark, Copyright or Neither?

Taglines – Trademark, Copyright or Neither?

Taglines — short phrases associated with a product – are important parts of marketing. There are many famous and effective registered taglines: “We try harder;” “Just do it,” “Double Your Pleasure,” “Think Different,” “What’s in Your Wallet?” Taglines, like all good trademarks, enhance the connection between the consumer, the product and the source of the

DHS Releases Report Addressing Security Threats in Ag Tech

DHS Releases Report Addressing Security Threats in Ag Tech

The Department of Homeland Security (DHS) recently released a report entitled “Threats to Precision Agriculture” regarding Ag Tech. The report addresses the security threats related to the adoption and impact of new digital technologies in crop and livestock production, highlights the potential vulnerabilities arising from using precision agriculture, identifies potential threat scenarios, and possible best

SEC: Cybersecurity Procedures Must be Reasonably Designed to Fit Specific Business Models

SEC: Cybersecurity Procedures Must be Reasonably Designed to Fit Specific Business Models

The Securities and Exchange Commission recently announced that a Des Moines-based broker-dealer and investment adviser has agreed to pay $1 million to settle charges related to its failures in cybersecurity policies and procedures surrounding a cyber intrusion that compromised personal information of thousands of customers. This is the latest SEC action demonstrating that cybersecurity must be tailored to the practices of the business.

The SEC charged Voya Financial Advisors Inc. (VFA) with violating the Safeguards Rule and the Identity Theft Red Flags Rule, which are designed to protect confidential customer information and protect customers from the risk of identity theft.  This is the first SEC enforcement action charging violations of the Identity Theft Red Flags Rule.

2018 Update: CFTC Sues Another “Trading Strategy and Systems” Scheme

2018 Update: CFTC Sues Another “Trading Strategy and Systems” Scheme

June 25, 2018 Update: The CFTC continued its actions against a Trading Strategy and Systems Scheme today, with a Consent and Default Order against Open Range Trading LLC (Open Range) with fraudulently solicited clients and prospective clients to subscribe to a commodity futures day-trading system that generated buy and sell trading signals in various futures markets,

CFTC Dealt Blow in Retail Commodity Transactions Case

CFTC Dealt Blow in Retail Commodity Transactions Case

On Tuesday, a Central District of California court dismissed the CFTC’s complaint against Monex Credit Company, et al., 17-01868, rejecting the CFTC’s controversial “actual delivery” argument set forth in CFTC v. Hunter Wise Commodities, LLC, 749 F3d 967, 970 (11th Cir. 2014). The CFTC, argued that Monex allegedly failed to actually deliver precious metals to its customers because the

CFTC Charges New Yorker in Binary Option CPO Fraud

CFTC Charges New Yorker in Binary Option CPO Fraud

Recently, the CFTC filed an action against Kevin Scott Antonovich alleging from September 2015 through August 2016 he fraudulently solicited and received approximately $284,000 from at least 154 pool participants in connection with pooled investments in off-exchange binary options, using the funds for his personal use, and making false and misleading representations to pool participants. A

Kennyhertz Perry, LLC Welcomes Jon R. Dedon

Kennyhertz Perry, LLC Welcomes Jon R. Dedon

Kennyhertz Perry, LLC is excited to welcome attorney Jon R. Dedon to the firm.  Jon has devoted his career to appellate, real estate, corporate, and transactional law, and has substantial litigation experience in professional liability, employment, and commercial litigation. He has defended numerous products liability, consumer protection, and discrimination lawsuits, and has represented clients ranging from small

Braden Perry Discusses ICO Regulation and the SEC

Braden Perry Discusses ICO Regulation and the SEC

Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, discussed the complex issue of Initial Coin Offering (“ICO”) compliance and the SEC’s recent regulatory crackdown with Forbes. “The regulatory treatment is still unclear for cryptocurrency, including at the ICO stage.” He continues,  “It seems as if

SEC Issues Wave of Subpoenas in ICO Probe

SEC Issues Wave of Subpoenas in ICO Probe

The Securities and Exchange Commission (SEC) is going after the Initial Coin Offering (ICO) market, according to a report by the Wall Street Journal. The report stated that the SEC issued “scores of subpoenas and information requests” to entities associated with ICO projects. Led by former CFTC Senior Trial Attorney Braden Perry, Kennyhertz Perry attorneys regularly

CFTC Issues Pump-and-Dump Virtual Currency Advisory

CFTC Issues Pump-and-Dump Virtual Currency Advisory

The Commodity Futures Trading Commission (CFTC) warned the public to beware of and avoid pump-and-dump schemes that can occur in thinly traded or new “alternative” virtual currencies, digital coins or tokens. These pump-and-dump schemes are generally anonymous and are organized in public chat rooms or via mobile messaging apps. They are coordinated efforts to create

CFTC Sues and Settles with AMP Global Clearing over Cybersecurity Failures

CFTC Sues and Settles with AMP Global Clearing over Cybersecurity Failures

The Commodity Futures Trading Commission (CFTC) today issued an Order filing and simultaneously settling charges against AMP Global Clearing LLC, a registered FCM, for its failure to diligently supervise the implementation of critical provisions in AMP’s information systems security program (ISSP). As a result of this failure, a significant amount of AMP’s customers’ records and information