Kilpatrick Townsend & Stockton LLP

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1100 Peachtree Street NE
Atlanta, GA 30309-4528, United States
Phone: 404.815.6500
Fax: 404.815.6555
Areas of Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Indigenous Peoples
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • Georgia
  • New York
  • North Carolina
  • Texas
  • Washington
Other Countries
  • China
  • Japan
  • Sweden
Number of Attorneys
400+ Attorneys

OFCCP Updates Sex Discrimination Guidelines for Federal Contractors and Subcontractors

On June 14, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) announced its final rule updating the agency’s guidelines on prohibited sex discrimination in the workplace. The OFCCP…more

Federal Contractors, Final Rules, OFCCP, Sex Discrimination, Sexual Harassment

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U.S. International Trade Commission Considers $37M Fine for Continued Patent-Infringing Imports

The U.S. International Trade Commission is weighing the recommendation of an Administrative Law Judge that GPS gear-maker Garmin be fined $37 million for violating previous Commission orders. The Commission had found in 2015…more

Imports, ITC, Patent Infringement, Patents

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OSHA Rescinds Policy Allowing Union Access to Nonunionized Facilities

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities. Under a…more

Interpretive Letters, Non-Union, OSHA, Safety Inspections, Union Representatives

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Publications Must Be Accessible to Persons of Ordinary Skill

On Wednesday, September 7, the Patent Trial and Appeal Board found that U.S. Patent Nos. 7,670,358 and 7,776,072 were not obvious, in part because certain cited prior art was not “disseminated or otherwise made available…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents, Prior Art

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Supreme Court Rules that Bare Statutory Violation without Other Concrete Harm Cannot Provide Federal Court Standing

On May 16, 2016, the United States Supreme Court issued its opinion in Spokeo v. Robins, No. 13-1339, which presented the question of whether a plaintiff has standing in federal court to assert a claim where the only…more

Article III, Class Action, FCRA, Injury-in-Fact, SCOTUS

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New Georgia Law Allows Employees to Use Sick Leave for Care of Family Members

On May 8, 2017, Georgia Governor Nathan Deal signed into law a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family members. This…more

Employer Liability Issues, Paid Leave, Sick Leave, Wage and Hour

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Top Takeaways: 3 “Secrets of Trade Secrets”

Kilpatrick Townsend partners Lou Barbieri, Josh Ganz, and John Jett recently presented to a group of entrepreneurs at the Atlanta Tech Village on the “Secrets of Trade Secrets.” Here are three key takeaways from the…more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Non-Disclosure Agreement, Trade Secrets

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Wave of SEC Enforcement Actions Reinforces Importance of Strong Compliance Culture

On September 10, 2014, the Securities and Exchange Commission (the “SEC”) announced charges against 18 individuals and ten investment firms for violating federal securities laws that require prompt reporting about their holdings…more

Civil Monetary Penalty, Compliance, Corporate Officers, Directors, Enforcement Actions

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5 Key Takeaways: Retail & Consumer Goods Industry Team Presentation “In the Trenches with Social Media”

Kilpatrick Townsend’s Retail & Consumer Goods Team presented a webinar In the Trenches with Social Media, focusing on risk mitigation and solutions. Led by Barry M. Benjamin, partner in the firm’s New York office and chair of…more

Advertising, Endorsements, FTC, Marketing, Social Media

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Congress Considering CFIUS Reforms to Combat China’s Increased Investment in the U.S.

Recent articles in the Wall Street Journal and the Washington Examiner indicate that Senate leaders from both parties are working to craft legislation that would reform the Committee on Foreign Investment in the United States…more

CFIUS, China, Cross-Border Transactions, Foreign Investment, National Security

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Clarity on Doctrine of Equivalents Analysis for Chemical Claims

Mylan Institutional LLC v. Aurobindo Pharma Ltd, No. 2017-1645 (Fed. Cir. May 19, 2017) - On May 19, 2017, the Federal Circuit addressed and modified a rare grant of a preliminary injunction based on the doctrine of…more

Mylan Pharmaceuticals, Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

See all updates »

The Ninth Circuit Affirms District Court’s Dismissal Of Putative Class Action Where Named Plaintiff Lacked Standing To Assert Claims For Injunctive And Declaratory Relief

Takeaway: While courts continue to grapple with efforts by class action defendants to “pick off” a named plaintiff by mooting his or her individual damages claim, class representatives pressing claims for injunctive and…more

Article III, Class Action, Declaratory Relief, Putative Class Actions, Standing

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Department of Justice Releases Guidance for Human Resources Professionals

On October 20, 2016, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) published a joint guidance for HR professionals to alert them to potential antitrust violations. Importantly, in addition to describing…more

Antitrust Violations, DOJ, FTC, Hiring & Firing, Human Resources Professionals

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D.C. District Court Upholds FTC Staff’s Decision To Reverse Course On Soundboard Telemarketing Technology

Not all automated voices are created the same. At least that is what the FTC staff had signaled to the telemarketing industry in a September 2009 opinion letter stating that telemarketing calls using “Soundboard” technology were…more

FTC, Robocalling, Telemarketing, Telemarketing Sales Rule

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Trump Administration Sets Forth Recommendations for Consumer Finance Regulatory Reform

On June 12, the U.S. Department of the Treasury released a comprehensive report setting forth the Trump Administration’s vision for regulatory reform in the banking sector. Specifically, this report focuses on the depository…more

Banking Sector, CFPB, Civil Investigation Demand, Dodd-Frank, Financial Institutions

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Comprehensive Partnership Audit Reform Requires Amendments To Partnership (and LLC Operating) Agreements

Congress has recently scrapped the existing procedures for IRS audits of partnerships. The new rules (the “BBA Audit Rules”1) are effective for partnership taxable years beginning on or after January 1, 2018. A partnership that…more

Audits, Business Taxes, IRS, Limited Liability Company (LLC), Operating Agreements

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A Few Highlights From The Newly-Enacted Federal Defend Trade Secrets Act

The federal Defend Trade Secrets Act (the “DTSA” or “Act”) became law on May 11, 2016. Here are a few highlights: - 1. The DTSA seeks to address the significant effects that trade secret misappropriation has on the…more

Asset Seizure, Corporate Counsel, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation

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New Georgia Law Allows Employees to Use Sick Leave for Care of Family Members

On May 8, 2017, Georgia Governor Nathan Deal signed into law a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family members. This…more

Employer Liability Issues, Paid Leave, Sick Leave, Wage and Hour

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“Patents 4 Patients”: A New Cancer Immunotherapy “Fast Track” for U.S. Patent Applicants

In connection with the White House Cancer Moonshot Initiative, the United States Patent and Trademark Office (“USPTO”) announced on June 29 that it is “Teaming Up to Cure Cancer” by establishing a new accelerated process for…more

Classen Immunotherapies, Fast Track Process, Patent Applications, Patents, USPTO

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Maximizing Insurance Recovery For Businesses Impacted By Recent Natural Disasters

There has been a spate of natural disasters throughout the world recently—from major earthquakes in Japan and Ecuador to torrential rainfall and flooding in Texas. These events have had devastating consequences, including the…more

Business Interruption, Insurance Industry, Natural Disasters, Property Insurance

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You May Need To Rethink Your Approach To Patents In Deals

In retrospect, the patent community should have been ready for a decision like the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International, but based on the yearly increases in patent applications designated as…more

Acquisitions, Patent Applications, Patent Portfolios, Patents

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New Georgia Law Allows Employees to Use Sick Leave for Care of Family Members

On May 8, 2017, Georgia Governor Nathan Deal signed into law a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family members. This…more

Employer Liability Issues, Paid Leave, Sick Leave, Wage and Hour

See all updates »

Top Takeaways: Best Ways to Address Section 101 Patent Eligibility

Kilpatrick Townsend partners Megan Chung and Thomas Franklin recently participated in a panel at the 2016 National Asian Pacific American Bar Association Convention in San Diego. Panelists, which included Jay Choi from Uber and…more

Patent-Eligible Subject Matter, Patents, Popular, Section 101

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Reported Clearance of ChemChina’s $43 Billion Deal for Syngenta Underscores Need for Chinese Companies to Take a Proactive Approach to CFIUS

The Committee on Foreign Investment in the United States (CFIUS), which reviews transactions for potential national-security issues, has reportedly cleared state-owned China National Chemical Corp.’s (ChemChina) planned $43…more

Acquisitions, CFIUS, China, Foreign Investment, National Security

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Remedial Amendment Period for 403(b) Plans

In Revenue Procedure 2017-8, the IRS announced that the remedial amendment period (“RAP”) for 403(b) plans would end on March 31, 2020. A RAP is a period in which a plan can be amended retroactively to comply with the…more

403(b) Plans, Employee Benefits, EPCRS, IRS, Retirement Plan

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How Does the PTAB Evaluate Follow-On IPR Petitions?

Under 35 U.S.C. § 325(d), the Patent Trial and Appeal Board has the discretion to deny a follow-on inter partes review petition where multiple petitions are filed against the same patent. In exercising its discretion, the Board…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Supreme Court Holds a Portion of Section 2(a) of the Lanham Act Unconstitutional

In Matal v. Tam, the Supreme Court held that a portion of Section 2(a) of the Lanham Act prohibiting the federal registration of potentially disparaging trademarks and service marks violated the Free Speech Clause of the First…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

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“Patents 4 Patients”: A New Cancer Immunotherapy “Fast Track” for U.S. Patent Applicants

In connection with the White House Cancer Moonshot Initiative, the United States Patent and Trademark Office (“USPTO”) announced on June 29 that it is “Teaming Up to Cure Cancer” by establishing a new accelerated process for…more

Classen Immunotherapies, Fast Track Process, Patent Applications, Patents, USPTO

See all updates »

6 Key Takeaways: SaaS, PaaS, and IaaS: Evaluating Cloud Service Agreement Models, Negotiating Key Terms, & Minimizing Contract Disputes

Kilpatrick Townsend Associate Megan Demicco recently participated in a webinar that provided guidance to business and technology counsel concerning drafting cloud computing service agreements…more

Cloud Computing, Cloud Service Providers (CSPs), Data Security

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4 Key Takeaways: All the Crime We Cannot See

Kilpatrick Townsend Partner Audra Dial recently served as moderator on a prestigious panel at the American Bar Association’s 32nd Annual Intellectual Property Law Conference (IPL Spring) in Arlington, Virginia. The panel, “All…more

Confidential Information, Cybersecurity, Data Protection, Popular, Trade Secrets

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How to Register Additional Securities on Form S-3: Rule 413(b) or Rule 462(b)?

The general rule (as set forth in Rule 413(a) under the Securities Act) is that a company cannot register additional securities on a registration statement that is already in effect; instead, a company must file a new…more

Form S-3, Registration Statement, SEC, WKSIs

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Does the First Sale Doctrine Protect the Reselling of Genuine Goods that Include Non-Genuine Replacement Parts with the Original Trademark Retained? C.D.Cal Denied the Application of First Sale Doctrine as Defense in a Trademark Infringement Claim

Rolex Watch USA., INC. v. Krishan Agarwal, 2012 WL 12886444 (C.D. Cal. 2012) - TAKEAWAY - The First Sale Doctrine in Trademark Law will provide only limited protection to resellers of luxury products who have…more

First Sale Doctrine, Trademark Litigation, Trademarks

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How Does the PTAB Evaluate Follow-On IPR Petitions?

Under 35 U.S.C. § 325(d), the Patent Trial and Appeal Board has the discretion to deny a follow-on inter partes review petition where multiple petitions are filed against the same patent. In exercising its discretion, the Board…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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EEOC Issues Updated Guidance on Workplace Retaliation

On August 25, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance on workplace retaliation issues. The EEOC enforces Title VII, the Age Discrimination in Employment Act, the Americans with…more

Adverse Employment Action, EEOC, Employer Liability Issues, Enforcement Guidance, Protected Activity

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Department of Labor Publishes a Final Rule Establishing Paid Sick Leave Requirements for Federal Contractors

On September 30, 2016, the United States Department of Labor, implementing Executive Order 13706, published its final rule establishing paid sick leave requirements for certain federal contractors. The final rule will apply to…more

DOL, Executive Orders, Federal Contractors, Final Rules, Paid Leave

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Top 10 Things Corporate Attorneys Should Know About Insurance

Almost every corporate transaction — mergers, purchase and sales, real estate matters, among others — involves some “insurance” related issues. They can range from simple “insurance requirements” in the corporate documents to…more

Acquisitions, D&O Insurance, Due Diligence, Insurance Industry, Mergers

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Nasdaq Requires Listed Company Disclosure of Third Party Compensation Agreements with Directors and Nominees

Nasdaq has amended its listing rules to require listed companies to publicly disclose compensation or other payments by third parties to company directors or nominees for director. The new rule, which is designated as…more

Compensation Agreements, Directors, Disclosure Requirements, Nasdaq, Third-Party

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North Carolina General Assembly Strengthens Appeal Rights for Defendants Who Receive Adverse Class Certification Decisions

Background. On April 26, 2017, the North Carolina General Assembly overrode a gubernatorial veto to enact N.C. Session Law ch. 2017-7 (formerly HB-239) (the “Act”). The Act arose from a power struggle between the state’s…more

Appeals, Class Action, Class Certification, General Assembly, State and Local Government

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Regulation 14C and the Effectiveness of a Non-Unanimous Shareholders’ Written Consent

Securities lawyers know that the regulatory regime for disclosure and shareholder communications under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), when action is being taken by shareholders, includes…more

Disclosure Requirements, SEC, Securities Exchange Act, Shareholders

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FERC Proposes Rule to Open Up Wholesale Markets to Energy Storage and Distributed Energy Resource Aggregations

On November 30, 2016, the Federal Energy Regulatory Commission (FERC) published a proposed rule in the Federal Register that would allow energy storage and distributed energy resource aggregations to participate in organized…more

Energy Market, Energy Sector, Energy Storage, FERC, ISOs

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Unusual Fact Situation? Tennessee Supreme Court Upholds Imposition of Alternative Apportionment in Vodafone v. Roberts

Corporate taxpayers that benefit from cost of performance sourcing face the unwelcome prospect of filing correctly under a state’s statute, yet later learning that a state revenue department is imposing an alternative…more

Corporate Taxes, Telecommunications, UDITPA, Variances, Vodafone

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Fair Pay & Safe Workplaces: What Are Contractors Required to Disclose?

Continuing our series of Alerts on the Fair Pay and Safe Workplaces Final Rule, this Alert address what form of violations must be disclosed. The Final Rule provides three broad categories of decisions for violations of 14…more

Disclosure Requirements, DOL, Fair Pay and Safe Workplaces, Federal Contractors, FLSA

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Department of Justice Releases Guidance for Human Resources Professionals

On October 20, 2016, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) published a joint guidance for HR professionals to alert them to potential antitrust violations. Importantly, in addition to describing…more

Antitrust Violations, DOJ, FTC, Hiring & Firing, Human Resources Professionals

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Chorley Enterprises, Inc. v. Dickey’s Barbecue Restaurants, Inc.: Arbitration Provisions in Maryland Franchise Agreements

Maryland law requires franchisors include a provision in their franchise agreements that preserves the franchisee’s ability to litigate certain claims in court rather than in arbitration. In Chorley Enterprises, Inc. v. Dickey’s…more

Arbitration, Breach of Contract, Federal Arbitration Act, Franchise Agreements, Franchisee

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Argentine Data Protection Authority Approves Model Clauses

The Argentine Data Protection Authority recently issued a new regulation approving two sets of model contractual clauses (controller-to-controller and controller-to-processor) for the international transfer of personal data…more

Argentina, Data Protection, Data Protection Authority, Personal Data

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OSHA Rescinds Policy Allowing Union Access to Nonunionized Facilities

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities. Under a…more

Interpretive Letters, Non-Union, OSHA, Safety Inspections, Union Representatives

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Alibaba Says “Close Sesame”: C.D. Cal. Finds No Liability When “Online” Mall Provides a Search Engine Allowing Consumers to Search for Plaintiff’s Products Within its Online Marketplace

TAKEAWAY - Courts continue to show reluctance to permit trademark claims to hamper the sale of products via the Internet absent concrete evidence of actual confusion, especially if the website offers trademark owners an…more

Trademark Infringement, Trademark Litigation, Trademarks

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Second Circuit Affirms Dismissal of Data Breach Class Action for Failure to Allege Actual Injury

Takeaway: With new stories of data breaches popping up almost daily, a recent Second Circuit decision illustrates the difficulties named plaintiffs face establishing actual injury and surviving a motion to dismiss based on…more

Article III, Class Action, Corporate Counsel, Data Breach, Injury-in-Fact

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Fiduciary Rule Creates Breach of Contract Claim, But No Private Right of Action

The first part of the DOL’s Conflict of Interest Rule (the “Fiduciary Rule”) went into effect on Friday, June 9th. A large group of newly-defined “fiduciaries” are now subject to certain requirements of the Best Interest…more

Best Interest Contract Exemptions, Conflicts of Interest, DOL, ERISA, Fiduciary Rule

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New Labeling Requirements and Production Standards Apply to All Alcoholic Beverages Imported, Manufactured, and Sold in Mexico

Executive Summary - In response to the growing issue of alcohol abuse in Mexico and the related health problems associated with alcohol abuse, the Mexican government implemented revised labeling requirements and production…more

Imports, Labeling, Manufacturers, Mexico, Wine & Alcohol

See all updates »

Federal Circuit Reverses the PTAB’s Reliance on Evidence Presented Solely During Oral Argument and Its Claim Construction

On March 15, 2016, the Federal Circuit reversed and remanded the PTAB's cancellation of claims 3 and 20 of Patent No. 6,948,021 directed to hot-swappable components in computer systems. See Dell Inc., v. Acceleron, LLC, No…more

Claim Construction, Dell, Evidence, Oral Argument, Patent Trial and Appeal Board

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Expanded Earnings Stripping Proposed Rules Will Impact Typical Debt Push Downs

In a surprising move amidst its continuing crack down on corporate inversions, the U.S. Treasury just proposed new regulations reflecting a broadly expanded approach to the practice of earnings stripping. Because an inversion…more

Acquisitions, Inversion, IRS, Proposed Regulation, U.S. Treasury

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Key Takeaways: Software Patent Prosecution Requires Data-Based Strategies Due to Patent Office Inconsistencies

Kilpatrick Townsend attorneys Kate Gaudry, Ph.D. and Thomas D. Franklin recently presented at the Practising Law Institute’s 11th Annual Patent Law Institute regarding “Software/EE: Are We There, Yet?”…more

Abstract Ideas, Patent-Eligible Subject Matter, Patents, Popular, Software

See all updates »

Clarity on Doctrine of Equivalents Analysis for Chemical Claims

Mylan Institutional LLC v. Aurobindo Pharma Ltd, No. 2017-1645 (Fed. Cir. May 19, 2017) - On May 19, 2017, the Federal Circuit addressed and modified a rare grant of a preliminary injunction based on the doctrine of…more

Mylan Pharmaceuticals, Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

See all updates »

Top Takeaways: 3 “Secrets of Trade Secrets”

Kilpatrick Townsend partners Lou Barbieri, Josh Ganz, and John Jett recently presented to a group of entrepreneurs at the Atlanta Tech Village on the “Secrets of Trade Secrets.” Here are three key takeaways from the…more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Non-Disclosure Agreement, Trade Secrets

See all updates »

What does Spokeo mean? The Eleventh Circuit’s Unusual Debate about the U.S. Supreme Court’s Controversial Decision

Takeaway: The decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), where the U.S. Supreme Court evaluated Article III standing in the context of a federal statutory violation, continues to generate controversy. Since its…more

Article III, Class Action, Injury-in-Fact, Mortgage Satisfaction Notice, Mortgages

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Trump Administration Sets Forth Recommendations for Consumer Finance Regulatory Reform

On June 12, the U.S. Department of the Treasury released a comprehensive report setting forth the Trump Administration’s vision for regulatory reform in the banking sector. Specifically, this report focuses on the depository…more

Banking Sector, CFPB, Civil Investigation Demand, Dodd-Frank, Financial Institutions

See all updates »

Key Takeaways: Software Patent Prosecution Requires Data-Based Strategies Due to Patent Office Inconsistencies

Kilpatrick Townsend attorneys Kate Gaudry, Ph.D. and Thomas D. Franklin recently presented at the Practising Law Institute’s 11th Annual Patent Law Institute regarding “Software/EE: Are We There, Yet?”…more

Abstract Ideas, Patent-Eligible Subject Matter, Patents, Popular, Software

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The Abstract Swing: Major League Problems In Patent Law

Professional baseball was in a crisis, at least through the eyes of the major market teams. It all started with a rather unremarkable second baseman, Aliceandro, who played for the San Jose Programmers. During the last season,…more

Baseball, Patents, Sports

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U.S. Supreme Court Halo Decision Rejects Seagate’s High Bar for Treble Damages

In a unanimous decision, on June 13, 2016, the U.S. Supreme Court rejected the CAFC Seagate “objective recklessness” standard and appeal criteria. As is its habit, the Supreme Court has thus taken away relatively clear…more

Enhanced Damages, Halo v Pulse, Patent Infringement, SCOTUS, Seagate

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5 Key Takeaways: Patent Litigation Trends

Kilpatrick Townsend attorneys Andy Rinehart and Dr. Jennifer Giordano-Coltart recently presented their assessment of trends in patent litigation and prosecution at the firm’s annual patent CLE in Research Triangle Park. Twenty…more

Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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House Passes Fairness in Class Action Litigation Act of 2017

In a February 27, 2017 post, we reported that the House Judiciary Committee approved the Fairness in Class Action Litigation Act of 2017 (“FCALA”), a bill described by its sponsor, Rep. Robert Goodlatte (R. Va.), as intended “to…more

Class Action, Class Certification, Proposed Legislation

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Rates Matter! Using the Tactics of Negotiation to Obtain Reasonable Rates for Defense Counsel

Heather Habes, Kilpatrick Townsend Attorney, recently presented “Rates Matter!: Using the Tactics of Negotiation to Obtain Reasonable Rates for Defense Counsel,” as a part of the ABA Insurance Coverage Litigation Committee CLE…more

Insurance Industry, Insurance Litigation

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Supreme Court Rules that Bare Statutory Violation without Other Concrete Harm Cannot Provide Federal Court Standing

On May 16, 2016, the United States Supreme Court issued its opinion in Spokeo v. Robins, No. 13-1339, which presented the question of whether a plaintiff has standing in federal court to assert a claim where the only…more

Article III, Class Action, FCRA, Injury-in-Fact, SCOTUS

See all updates »

North Carolina General Assembly Strengthens Appeal Rights for Defendants Who Receive Adverse Class Certification Decisions

Background. On April 26, 2017, the North Carolina General Assembly overrode a gubernatorial veto to enact N.C. Session Law ch. 2017-7 (formerly HB-239) (the “Act”). The Act arose from a power struggle between the state’s…more

Appeals, Class Action, Class Certification, General Assembly, State and Local Government

See all updates »

CBM Review Standard

Whether a patent qualifies for a CBM review has been a moving target. Early decisions held that the claims do not need to be directed to a “financial product or service,” since a reference in the specification to a financial use…more

Administrative Proceedings, Covered Business Method Proceedings, Patent Litigation, Patent Trial and Appeal Board, Patents

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Revised Capital Framework for Depository Institution Holding Companies Organized as LLCs and Partnerships

The Federal Reserve Board (the “Board”) has adopted amendments to the Board’s regulatory capital framework (“Regulation Q”), that clarify how the revised regulatory capital framework applies to depository institution holding…more

Capital Markets, Corporate Counsel, Depository Institutions, ESOP, Federal Reserve

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Something for Designers to (Maybe) Cheer About: Star Athletica v. Varsity Brands

Historically, fashion designers, as well as other designers whose creative efforts are incorporated into useful/functional articles like clothing, shoes, and furniture, have struggled successfully to assert copyright protection…more

Cheerleaders, Copyright, Copyright Infringement, Fashion Design, SCOTUS

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“No Ransom, No Cry” – Trump’s Latest Executive Order on Cybersecurity and Preventing the Next “WannaCry” Virus

On Thursday, May 11, 2017, President Trump signed a new Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure. The new Order came out just one day before last week’s “WannaCry”…more

Cybersecurity, Executive Orders, Malware, NIST, Ransomware

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Tenth Circuit Rules Colorado Can Require Remote Retailers to Notify Customers of the State's Use Tax

On Monday, the U.S. Court of Appeals for the Tenth Circuit upheld the constitutionality of a Colorado law that requires remote retailers to notify customers of the state’s use tax requirements and report certain customer tax…more

Commerce Clause, Corporate Counsel, Department of Revenue, Dormant Commerce Clause, Interstate Commerce

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Takeaways, Leading Edge Challenges: Amendments at PTAB

Kilpatrick Townsend partner Matthew Holohan recently participated at the Federal Circuit Bar Association’s high-profile panel in Denver — “Patent Litigation 2017: The Courts and Patent Trial and Appeal Board (PTAB).” He and his…more

Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Patents

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The Need to Preserve and Expand Tribal VAWA Jurisdiction and Federal Resources

March 7, 2017 marks two years since Indian tribes could elect to exercise criminal jurisdiction over certain non-Indians for domestic or dating violence offenses. Although some claimed that non-Indian violence against Native…more

Dating Violence, DOJ, Domestic Violence, VAWA

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New Labeling Requirements and Production Standards Apply to All Alcoholic Beverages Imported, Manufactured, and Sold in Mexico

Executive Summary - In response to the growing issue of alcohol abuse in Mexico and the related health problems associated with alcohol abuse, the Mexican government implemented revised labeling requirements and production…more

Imports, Labeling, Manufacturers, Mexico, Wine & Alcohol

See all updates »

5 Top Takeaways: When Is an Opinion of Counsel Required in the New, Post-Halo Environment?

Kilpatrick Townsend Partner James Isbester recently addressed the Intellectual Property Section of the Contra Costa County Bar Association at a CLE event held at the firm’s Walnut Creek office. The presentation, “When Is an…more

Halo v Pulse, Patent Infringement, Patent Litigation, Patents, Willful Infringement

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Spokeo and the TCPA: Mere Receipt of Fax with Non-Compliant Opt-Out Notice is Not “Concrete Injury”

In ARcare v. Qiagen N. Am. Holdings, Inc., No. CV 16-7638 PA (ASX), 2017 WL 449173, at *1 (C.D. Cal. Jan. 19, 2017), the district court granted the defendant’s motion to dismiss a TCPA class action, finding that the simple…more

Class Action, Injury-in-Fact, Motion to Dismiss, Standing, TCPA

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New Georgia Law Allows Employees to Use Sick Leave for Care of Family Members

On May 8, 2017, Georgia Governor Nathan Deal signed into law a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family members. This…more

Employer Liability Issues, Paid Leave, Sick Leave, Wage and Hour

See all updates »

Federal Court Halts Implementation of the New White-Collar Exemption Regulations

In a stunning development, a federal district court in Texas issued a nationwide preliminary injunction on November 22, 2016 barring the Department of Labor from implementing its new regulations defining the executive,…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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U.S. Supreme Court Halo Decision Rejects Seagate’s High Bar for Treble Damages

In a unanimous decision, on June 13, 2016, the U.S. Supreme Court rejected the CAFC Seagate “objective recklessness” standard and appeal criteria. As is its habit, the Supreme Court has thus taken away relatively clear…more

Enhanced Damages, Halo v Pulse, Patent Infringement, SCOTUS, Seagate

See all updates »

Trump Administration Sets Forth Recommendations for Consumer Finance Regulatory Reform

On June 12, the U.S. Department of the Treasury released a comprehensive report setting forth the Trump Administration’s vision for regulatory reform in the banking sector. Specifically, this report focuses on the depository…more

Banking Sector, CFPB, Civil Investigation Demand, Dodd-Frank, Financial Institutions

See all updates »

Federal Circuit Clarifies AIA On-Sale Bar

Helsinn v. Teva (Fed. Cir. 2017) - On May 1, 2017, a Federal Circuit panel ruled that the AIA did not change the statutory meaning of “on sale” and that the on-sale bar can be triggered by a sale whose existence is public,…more

America Invents Act, ANDA, FDA, On-Sale Bar, Patents

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Using Expert Testimony To Establish Class-Wide Damages For Partial Refund Or Reimbursement Claims

Takeaway: Following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), class action defendants frequently have argued damages cannot be established on a class-wide basis. Conversely, attorneys…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

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Department of Labor Publishes a Final Rule Establishing Paid Sick Leave Requirements for Federal Contractors

On September 30, 2016, the United States Department of Labor, implementing Executive Order 13706, published its final rule establishing paid sick leave requirements for certain federal contractors. The final rule will apply to…more

DOL, Executive Orders, Federal Contractors, Final Rules, Paid Leave

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Supreme Court Holds a Portion of Section 2(a) of the Lanham Act Unconstitutional

In Matal v. Tam, the Supreme Court held that a portion of Section 2(a) of the Lanham Act prohibiting the federal registration of potentially disparaging trademarks and service marks violated the Free Speech Clause of the First…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

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Federal Circuit Clarifies AIA On-Sale Bar

Helsinn v. Teva (Fed. Cir. 2017) - On May 1, 2017, a Federal Circuit panel ruled that the AIA did not change the statutory meaning of “on sale” and that the on-sale bar can be triggered by a sale whose existence is public,…more

America Invents Act, ANDA, FDA, On-Sale Bar, Patents

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General Liability Coverage for Cyber Risks Arising from "Publication" of Private Data

Cyber liability issues present constant concerns to individuals and to companies who are custodians of private data. The “hot button” issues presented range from questions regarding data theft, including identity and credit…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Protection, Insurance Industry

See all updates »

Nasdaq Requires Listed Company Disclosure of Third Party Compensation Agreements with Directors and Nominees

Nasdaq has amended its listing rules to require listed companies to publicly disclose compensation or other payments by third parties to company directors or nominees for director. The new rule, which is designated as…more

Compensation Agreements, Directors, Disclosure Requirements, Nasdaq, Third-Party

See all updates »

Federal Circuit Clarifies AIA On-Sale Bar

Helsinn v. Teva (Fed. Cir. 2017) - On May 1, 2017, a Federal Circuit panel ruled that the AIA did not change the statutory meaning of “on sale” and that the on-sale bar can be triggered by a sale whose existence is public,…more

America Invents Act, ANDA, FDA, On-Sale Bar, Patents

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Interim IPR Results & Litigation – What Happens At The Board May Not Stay At The Board

The America Invents Acts ("AIA") gives alleged infringers facing an infringement claim a choice—challenge validity in court or in an inter partes review (IPR). Like any choice, consequences have to be considered. The…more

America Invents Act, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Trial and Appeal Board, Patents

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3 Top Takeaways: Brands and Their Corporate and Social Responsibility

Marc Lieberstein, Kilpatrick Townsend partner in the New York office, was honored to appear on a panel at the Cardozo School of Law with other leading intellectual property (IP) law practitioners to address “Brands and Their…more

Brand, Corporate Social Responsibility, Trademarks

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Fiduciary Rule: June 9 & Beyond

On May 22, Department of Labor (DOL) Secretary Alexander Acosta announced that, despite President Trump’s memorandum ordering further analysis of the fiduciary investment advice rule (Fiduciary Rule), there was no legal…more

Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Rule, Investment Adviser

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President Trump Nails Coffin Shut on Federal Contractor “Blacklisting” Under Fair Pay and Safe Workplaces Rule

On March 27, 2017, President Trump signed a Congressional Review Act resolution, H.J. Res. 37, and issued his own Executive Order, which together nullified President Obama’s Fair Pay and Safe Workplaces Executive Order and its…more

Blacklist, Executive Orders, Fair Pay and Safe Workplaces, Federal Contractors, Labor Law Violations

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“Patents 4 Patients”: A New Cancer Immunotherapy “Fast Track” for U.S. Patent Applicants

In connection with the White House Cancer Moonshot Initiative, the United States Patent and Trademark Office (“USPTO”) announced on June 29 that it is “Teaming Up to Cure Cancer” by establishing a new accelerated process for…more

Classen Immunotherapies, Fast Track Process, Patent Applications, Patents, USPTO

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IRS Provides Guidance for the Post-Determination Letter Era

In July of 2015, the IRS announced that it would end its regular determination letter program for individually designed plans effective January 1, 2017. At the time of this announcement, many plan sponsors and other interested…more

Determination Letter, Employee Benefits, EPCRS, Internal Revenue Code (IRC), IRS

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NLRB Creates New Headaches for Employers Using Staffing Agency Workers

It has become increasingly common for employers to use workers supplied by a staffing agency or other third party to supplement their work forces, often in the form of “temporary workers” or leased workers. Although these…more

Collective Bargaining, Joint Employers, NLRB, Staffing Agencies, Temporary Employees

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OSHA Rescinds Policy Allowing Union Access to Nonunionized Facilities

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities. Under a…more

Interpretive Letters, Non-Union, OSHA, Safety Inspections, Union Representatives

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U.S. Copyright Office Creates New Registration Process for DMCA Agents

Under the Digital Millennium Copyright Act (DMCA), website operators and other Internet Service Providers (collectively, ISPs) can obtain protection from liability for copyright infringement claims based on the material…more

Copyright, Copyright Infringement, Copyright Office, DMCA, Internet Service Providers (ISPs)

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Recent Ruling Creates Potential Liability For Use of Common Contractual Terms

Contracts containing uniform terms and conditions are a common feature of modern commercial life. Consumers are oftentimes required to agree to such contracts in order to buy a good or service, and the contracts typically…more

Attorney's Fees, Class Action, Consumer Contracts, Contract Terms, Terms and Conditions

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U.S. Supreme Court Issues Anti-Forum Shopping Jurisdictional Decision

As anticipated, the just-released U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court, No. 16-466, 2017 WL 2621322 (U.S. June 19, 2017), establishes an important limitation in the law of personal…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Forum Shopping, Fourteenth Amendment, General Jurisdiction, Mass Tort Litigation

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U.S. Supreme Court Halo Decision Rejects Seagate’s High Bar for Treble Damages

In a unanimous decision, on June 13, 2016, the U.S. Supreme Court rejected the CAFC Seagate “objective recklessness” standard and appeal criteria. As is its habit, the Supreme Court has thus taken away relatively clear…more

Enhanced Damages, Halo v Pulse, Patent Infringement, SCOTUS, Seagate

See all updates »

Trump Administration Sets Forth Recommendations for Consumer Finance Regulatory Reform

On June 12, the U.S. Department of the Treasury released a comprehensive report setting forth the Trump Administration’s vision for regulatory reform in the banking sector. Specifically, this report focuses on the depository…more

Banking Sector, CFPB, Civil Investigation Demand, Dodd-Frank, Financial Institutions

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A Second Chance for a Motion to Amend

On Tuesday, August 30, the Federal Circuit vacated the Patent Trial and Appeal Board’s denial of a motion to amend. Veritas Techs. LLC v. Veeam Software Corp., Case No. 15-1894. The Federal Circuit found that “the Board was…more

En Banc Review, Inter Partes Review (IPR) Proceeding, Motion to Amend, Patents

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EU Passes New Trade Secret Directive to Harmonize Trade Secret Laws of Member States

In late December 2015, the European Union reached an agreement on the terms of a provisional Trade Secrets Directive, which was intended to harmonize the laws governing trade secrets and “improve[e] the effectiveness of the…more

Corporate Counsel, Cross-Border, Damages, EU, Intellectual Property Protection

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2016 Native American Tax Litigation Roundup

One driver of economic development for many tribes is derived from their ability to impose taxes on business activities on Reservations free from state and local taxation. This year, there has been continued litigation to…more

Double Taxation, Native American Issues, Sales Tax, State Taxes

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Argentine Data Protection Authority Approves Model Clauses

The Argentine Data Protection Authority recently issued a new regulation approving two sets of model contractual clauses (controller-to-controller and controller-to-processor) for the international transfer of personal data…more

Argentina, Data Protection, Data Protection Authority, Personal Data

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The Supreme Court’s Decision in Lewis v. Clarke Potentially Opens the Door of Tort Liability for Tribal Employees

On April 25, 2017, the Supreme Court announced its decision in Lewis v. Clarke, holding that tribal sovereign immunity does not bar individual-capacity damages actions against tribal employees for torts committed within the…more

Car Accident, Corporate Counsel, Indian Gaming, Lewis v Clarke, Real Party in Interest

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Trump Administration Sets Forth Recommendations for Consumer Finance Regulatory Reform

On June 12, the U.S. Department of the Treasury released a comprehensive report setting forth the Trump Administration’s vision for regulatory reform in the banking sector. Specifically, this report focuses on the depository…more

Banking Sector, CFPB, Civil Investigation Demand, Dodd-Frank, Financial Institutions

See all updates »

FERC Proposes Rule to Open Up Wholesale Markets to Energy Storage and Distributed Energy Resource Aggregations

On November 30, 2016, the Federal Energy Regulatory Commission (FERC) published a proposed rule in the Federal Register that would allow energy storage and distributed energy resource aggregations to participate in organized…more

Energy Market, Energy Sector, Energy Storage, FERC, ISOs

See all updates »

Key Takeaways: IP 101 for Non-IP Counsel

Kilpatrick Townsend Partner Allisen Pawlenty-Altman and Associate Kate Gaudry Ph.D. recently participated in an interactive panel — “Technology and IP Forum: IP 101 for Non-IP Counsel” — presented by the National Capital Region…more

Copyright, Domain Names, Intellectual Property Protection, Patents, Trade Secrets

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US ITC Blocks Converse Chuck Look A Likes But Not On All Trademarks

In a wide-ranging investigation before the U.S. International Trade Commission (ITC), Converse asserted four trademarks against 31 respondents in an alleged Chuck Taylor look-a-like industry. After 22 of those respondents…more

Exclusion Orders, ITC, Trademark Infringement, Trademarks

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Parallel Lives: How Brazil and the United States Consider Leniency Agreements and Compliance Programs

In today’s global environment, conduct in one country can potentially violate anti-corruption laws of more than one country. When faced with this possibly debilitating scenario, companies need to understand both the…more

Anti-Corruption, Brazil, Clean Companies Act, Compliance, Corporate Integrity Agreement

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Fiduciary Rule: June 9 & Beyond

On May 22, Department of Labor (DOL) Secretary Alexander Acosta announced that, despite President Trump’s memorandum ordering further analysis of the fiduciary investment advice rule (Fiduciary Rule), there was no legal…more

Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Rule, Investment Adviser

See all updates »

Circuit Split Remains: SCOTUS Passes on Defining Nominative Fair Use

In a recent disappointment to those advocating clarity for the muddy waters of determining permissible use of third-party trademarks under the nominative fair use doctrine, the Justices of the United States Supreme Court denied…more

Fair Use, Likelihood of Confusion, Trademark Litigation, Trademarks

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U.S. International Trade Commission Considers $37M Fine for Continued Patent-Infringing Imports

The U.S. International Trade Commission is weighing the recommendation of an Administrative Law Judge that GPS gear-maker Garmin be fined $37 million for violating previous Commission orders. The Commission had found in 2015…more

Imports, ITC, Patent Infringement, Patents

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Omnibus Funding and Tax Extenders Legislation Includes Important Extensions for Renewable Energy Projects

On December 18, Congress passed and the President signed into law the “Consolidated Appropriations Act, 2016” and the “Protecting Americans from Tax Hikes (PATH) Act of 2015,” funding the government and providing a number of…more

Investment Tax Credits, Production Tax Credit, Protecting Americans from Tax Hikes (PATH) Act, Renewable Energy, Solar Energy

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Small Business Payment For Performance Act Unanimously Leaves Committee – Will SBC Construction Contractors Be Able To Reduce Their Financial Exposure?

Currently pending in the House of Representatives is H.R. 2594, the “Small Business Payment for Performance Act of 2017” (the “Bill”). This Bill unanimously passed the House Committee on Small Business earlier today. While not…more

Construction Contracts, Federal Contractors, Small Business, Subcontractors

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The Seventh Circuit Holds That Title VII Prohibits Sexual Orientation Discrimination: Key Takeaways for Employers

On April 4, 2017, the Seventh Circuit, sitting en banc, held in Hively v. Ivy Tech Community College of Indiana that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. In an…more

Civil Rights Act, Employer Liability Issues, En Banc Review, Sex Discrimination, Sexual Orientation

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Supreme Court Rejects Creative Dismissal Strategy To Engineer Appellate Review Of Order Denying Class Certification

Takeaway: The United States Supreme Court has rejected a tactic used by the plaintiffs’ bar to obtain appellate court review of an order denying class certification despite a settlement of the named plaintiffs’ claims. Justice…more

Article III, Class Action, Class Certification, Design Defects, Microsoft v Baker

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Nasdaq Requires Listed Company Disclosure of Third Party Compensation Agreements with Directors and Nominees

Nasdaq has amended its listing rules to require listed companies to publicly disclose compensation or other payments by third parties to company directors or nominees for director. The new rule, which is designated as…more

Compensation Agreements, Directors, Disclosure Requirements, Nasdaq, Third-Party

See all updates »

Expanded Earnings Stripping Proposed Rules Will Impact Typical Debt Push Downs

In a surprising move amidst its continuing crack down on corporate inversions, the U.S. Treasury just proposed new regulations reflecting a broadly expanded approach to the practice of earnings stripping. Because an inversion…more

Acquisitions, Inversion, IRS, Proposed Regulation, U.S. Treasury

See all updates »

Spokeo Dismissals – With Prejudice, Without Prejudice or Something Else?

Takeaway: In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), federal courts and litigants have grappled not only with what constitutes an actionable injury sufficient to confer…more

Injury-in-Fact, Spokeo, Spokeo v Robins, Standing

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Federal Court Halts Implementation of the New White-Collar Exemption Regulations

In a stunning development, a federal district court in Texas issued a nationwide preliminary injunction on November 22, 2016 barring the Department of Labor from implementing its new regulations defining the executive,…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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FERC Proposes Rule to Open Up Wholesale Markets to Energy Storage and Distributed Energy Resource Aggregations

On November 30, 2016, the Federal Energy Regulatory Commission (FERC) published a proposed rule in the Federal Register that would allow energy storage and distributed energy resource aggregations to participate in organized…more

Energy Market, Energy Sector, Energy Storage, FERC, ISOs

See all updates »

5 Key Takeaways: Patent Litigation Trends

Kilpatrick Townsend attorneys Andy Rinehart and Dr. Jennifer Giordano-Coltart recently presented their assessment of trends in patent litigation and prosecution at the firm’s annual patent CLE in Research Triangle Park. Twenty…more

Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

See all updates »

Weighing the Recent Decline in Post-Grant Institution Rates

The Patent Trial and Appeal Board's ("PTAB") rate of institution of trials under the America Invents Act ("AIA") has been steadily declining since its inception. During the U.S. Patent and Trademark Office's (USPTO) first fiscal…more

America Invents Act, Covered Business Method Proceedings, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, USPTO

See all updates »

Fiduciary Rule: June 9 & Beyond

On May 22, Department of Labor (DOL) Secretary Alexander Acosta announced that, despite President Trump’s memorandum ordering further analysis of the fiduciary investment advice rule (Fiduciary Rule), there was no legal…more

Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Rule, Investment Adviser

See all updates »

Fiduciary Rule Creates Breach of Contract Claim, But No Private Right of Action

The first part of the DOL’s Conflict of Interest Rule (the “Fiduciary Rule”) went into effect on Friday, June 9th. A large group of newly-defined “fiduciaries” are now subject to certain requirements of the Best Interest…more

Best Interest Contract Exemptions, Conflicts of Interest, DOL, ERISA, Fiduciary Rule

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Reported Clearance of ChemChina’s $43 Billion Deal for Syngenta Underscores Need for Chinese Companies to Take a Proactive Approach to CFIUS

The Committee on Foreign Investment in the United States (CFIUS), which reviews transactions for potential national-security issues, has reportedly cleared state-owned China National Chemical Corp.’s (ChemChina) planned $43…more

Acquisitions, CFIUS, China, Foreign Investment, National Security

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IRS Eliminates One of the Section 83(b) Filing Requirements

If an individual makes a Section 83(b) election to include in income the value of unvested property (such as restricted stock) that is transferred in connection with the performance of services, the individual must file the…more

Filing Requirements, IRC Section 83(b), IRS, Restricted Stocks, Tax Returns

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“Patents 4 Patients”: A New Cancer Immunotherapy “Fast Track” for U.S. Patent Applicants

In connection with the White House Cancer Moonshot Initiative, the United States Patent and Trademark Office (“USPTO”) announced on June 29 that it is “Teaming Up to Cure Cancer” by establishing a new accelerated process for…more

Classen Immunotherapies, Fast Track Process, Patent Applications, Patents, USPTO

See all updates »

IRS Provides Guidance for the Post-Determination Letter Era

In July of 2015, the IRS announced that it would end its regular determination letter program for individually designed plans effective January 1, 2017. At the time of this announcement, many plan sponsors and other interested…more

Determination Letter, Employee Benefits, EPCRS, Internal Revenue Code (IRC), IRS

See all updates »

Significant Changes in Store for Consumer Finance Businesses – What You Need to Know Now About the CFPB’s New Arbitration Rules

On May 5, 2016, the Consumer Financial Protection Bureau (“CFPB”) issued new proposed rules for consumer financial services contracts. The proposed rules have two major components. First, the proposed rules prohibit class action…more

Arbitration, Arbitration Agreements, CFPB, Class Action, Class Action Arbitration Waivers

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SEC Provides No-Action Relief for M&A Brokers

On January 31, the staff of the Securities and Exchange Commission (“SEC”) issued a no-action letter (“No-Action Letter”) permitting an “M&A Broker”, under certain circumstances, to facilitate mergers, acquisitions, business…more

Acquisitions, Broker-Dealer, Mergers, No-Action Letters, Privately Held Corporations

See all updates »

California Continues to Broaden the Scope of Its Equal Pay Law

In our October 9, 2015 Legal Alert, we informed readers that California Governor Jerry Brown signed into law the California Fair Pay Act, which amended the existing California equal pay statute to make it easier for employees to…more

Equal Pay, Fair Pay Act, Gender-Based Pay Discrimination, Governor Brown, Wage and Hour

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FERC Proposes Rule to Open Up Wholesale Markets to Energy Storage and Distributed Energy Resource Aggregations

On November 30, 2016, the Federal Energy Regulatory Commission (FERC) published a proposed rule in the Federal Register that would allow energy storage and distributed energy resource aggregations to participate in organized…more

Energy Market, Energy Sector, Energy Storage, FERC, ISOs

See all updates »

U.S. Supreme Court Halo Decision Rejects Seagate’s High Bar for Treble Damages

In a unanimous decision, on June 13, 2016, the U.S. Supreme Court rejected the CAFC Seagate “objective recklessness” standard and appeal criteria. As is its habit, the Supreme Court has thus taken away relatively clear…more

Enhanced Damages, Halo v Pulse, Patent Infringement, SCOTUS, Seagate

See all updates »

General Liability Coverage for Cyber Risks Arising from "Publication" of Private Data

Cyber liability issues present constant concerns to individuals and to companies who are custodians of private data. The “hot button” issues presented range from questions regarding data theft, including identity and credit…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Protection, Insurance Industry

See all updates »

4 Key Takeaways: The Problem(s) with NDAs

Kilpatrick Townsend Partner Nancy Stagg recently participated in a roundtable organized by the San Diego Chapter of Association of Corporate Counsel (ACC). The speakers discussed “The Problem(s) with NDAs (Non-Disclosure…more

Confidential Information, Injunctive Relief, Non-Disclosure Agreement, Trade Secrets

See all updates »

Fiduciary Rule: June 9 & Beyond

On May 22, Department of Labor (DOL) Secretary Alexander Acosta announced that, despite President Trump’s memorandum ordering further analysis of the fiduciary investment advice rule (Fiduciary Rule), there was no legal…more

Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Rule, Investment Adviser

See all updates »

Eating Disorders and Information Requests under the MHPAEA

On June 16, a new FAQ was released and additional steps were taken towards increasing disclosures to participants with respect to mental health/substance abuse benefits. The FAQ confirms that eating disorders are a mental health…more

Mental Health, Mental Health Parity Rule, MHPAEA

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Supreme Court to Consider Fundamental Issues in Omissions-Based Fraud Cases

The Supreme Court recently agreed to review a case which has split the circuit courts and has potentially huge implications for disclosure liabilities of public companies. The case, Leidos Inc. v Indiana Retirement System,…more

Disclosure Requirements, Regulation S-K, Rule 10b-5, SEC

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U.S. Supreme Court Halo Decision Rejects Seagate’s High Bar for Treble Damages

In a unanimous decision, on June 13, 2016, the U.S. Supreme Court rejected the CAFC Seagate “objective recklessness” standard and appeal criteria. As is its habit, the Supreme Court has thus taken away relatively clear…more

Enhanced Damages, Halo v Pulse, Patent Infringement, SCOTUS, Seagate

See all updates »

New Case Lends Support to the Position that Public Universities Are Immune from False Claims Act Liability

Public universities have a new case to add to their defense arsenal should they find themselves as a defendant in a False Claims Act (FCA) case. On April 11, 2017, in United States et al v. Oregon Health and Sciences University,…more

False Claims Act (FCA), Federal Contractors, Universities

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DOL Finalizes 60-Day Delay to Fiduciary Rule Applicability

The Presidential Memorandum directing the Department of Labor (the “Department”) to review the Fiduciary Rule (the “Rule”) produced its first significant regulatory impact for the investment advisor community yesterday as the…more

Best Interest Contract Exemptions, DOL, Fiduciary Rule, Investment Adviser, Retirement Plan

See all updates »

Expanded Earnings Stripping Proposed Rules Will Impact Typical Debt Push Downs

In a surprising move amidst its continuing crack down on corporate inversions, the U.S. Treasury just proposed new regulations reflecting a broadly expanded approach to the practice of earnings stripping. Because an inversion…more

Acquisitions, Inversion, IRS, Proposed Regulation, U.S. Treasury

See all updates »

Revised Capital Framework for Depository Institution Holding Companies Organized as LLCs and Partnerships

The Federal Reserve Board (the “Board”) has adopted amendments to the Board’s regulatory capital framework (“Regulation Q”), that clarify how the revised regulatory capital framework applies to depository institution holding…more

Capital Markets, Corporate Counsel, Depository Institutions, ESOP, Federal Reserve

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Something for Designers to (Maybe) Cheer About: Star Athletica v. Varsity Brands

Historically, fashion designers, as well as other designers whose creative efforts are incorporated into useful/functional articles like clothing, shoes, and furniture, have struggled successfully to assert copyright protection…more

Cheerleaders, Copyright, Copyright Infringement, Fashion Design, SCOTUS

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Your Company's Website Privacy Policy Probably Needs a Refresh (Before February 1, 2017)

As 2016 has come to a close, now is a good time to take stock of new disclosure obligations for website privacy policies introduced over the course of the year. It is likely that if your company’s privacy policy has not been…more

Digital Advertising Alliance, EU-US Privacy Shield, Personally Identifiable Information, Privacy Policy, Websites

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New Economy Businesses Need New Insurance: Can The Insurance Industry Keep Up?

Kilpatrick Townsend Attorney, Will Um, recently presented the “New Economy Businesses Need New Insurance: Can The Insurance Industry Keep Up?,” as a part of the ABA Insurance Coverage Litigation Committee CLE Seminar in Tucson,…more

Commercial Insurance Policies, Insurance Industry

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5 Takeaways: Ex Parte Appeals: A Multi-Year & Expensive Trajectory or an Allowance within 2 Months?

Kilpatrick Townsend attorneys Kate Gaudry, Ph. D. and Sameer Vadera recently presented to the Intellectual Property Owners Association (IPO) Software Related Inventions Committee regarding “Ex Parte Appeals: A Multi-Year &…more

Ex Parte, Patent Litigation, Patent Trial and Appeal Board, Patents

See all updates »

Nasdaq Requires Listed Company Disclosure of Third Party Compensation Agreements with Directors and Nominees

Nasdaq has amended its listing rules to require listed companies to publicly disclose compensation or other payments by third parties to company directors or nominees for director. The new rule, which is designated as…more

Compensation Agreements, Directors, Disclosure Requirements, Nasdaq, Third-Party

See all updates »

6 Key Takeaways, ACC Legal Quick Hit: Glass Half Empty or Half Full? Key Ways to Right-Size Joint IP Ownership

Kandace Watson, Kilpatrick Townsend Partner and Co-Chair of San Diego’s Association of Corporate Counsel Technology and Licensing Roundtable, recently led an interactive webinar titled “Legal Quick Hit: Glass Half Empty or Half…more

Confidentiality Agreements, IP License

See all updates »

5 Key Takeaways: Patent Strategies Applicable for Repurposing & Rescuing of Drugs

Kilpatrick Townsend Partner Ken Weber, Ph.D. recently presented “The Role of Patents in Repurposing and Rescuing Old Drugs” at the STC 2017 Spring Seminar Series in Albuquerque, New Mexico. This presentation defined the role…more

Patents, Pharmaceutical Industry, Pharmaceutical Patents

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Supreme Court Confirms Expansive View of Insider Trading

Perhaps the most serious charge that could be leveled against a reader of this blog is that of being engaged in or associated with “insider trading.” The allegation alone is enough to derail or end a promising career. …more

Confidential Information, Corporate Executives, Criminal Convictions, Dirks v SEC, Insider Trading

See all updates »

FDA Announces Intent to Extend Compliance Date for Changes to Nutritional and Supplement Facts Labels and Serving Sizes – Federal Register Notice to Follow “At a Later Date”

Following last month’s announcement that the Food and Drug Administration (FDA or agency) had decided to delay the compliance deadline for the menu labeling regulations; yesterday, the agency announced its intent to extend the…more

FDA, Food Labeling, Menu-Labeling, Nutrition Facts Labels

See all updates »

U.S. Copyright Office Creates New Registration Process for DMCA Agents

Under the Digital Millennium Copyright Act (DMCA), website operators and other Internet Service Providers (collectively, ISPs) can obtain protection from liability for copyright infringement claims based on the material…more

Copyright, Copyright Infringement, Copyright Office, DMCA, Internet Service Providers (ISPs)

See all updates »

Brexit — What IP Rights Holders Need to Understand Now

It is neither quick nor easy for a nation to leave the European Union (EU), and there is little precedent for it, especially for a nation such as the United Kingdom (UK), one of the major economic and political leaders within…more

Community Designs, EU, European Patent Office, European Union Trade Mark (EUTM), Member State

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U.S. Supreme Court Finds that Dancing with Biosimilars is NOT Mandatory

The U.S. Supreme Court had a busy day on Monday (June 12, 2017) issuing four unanimous decisions in recently argued cases. Of particular note is the final decision in the Supreme Court’s 2016 term – the consolidated case of…more

Biosimilars, BPCIA, Patent Dance, Patent Infringement, Patent Litigation

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Is Discovery That Section 8 Affidavits Were Not Filed By The Owner Of The Registration Grounds For Cancellation? N.D.Cal Rules “No.”

CASE SUMMARY - Every trademark lawyer knows that between the fifth and sixth year after registration the trademark owner must file an affidavit of use. If the mark has been in continuous use, the owner may also file an…more

Trademark Litigation, Trademark Office, Trademark Registration, Trademarks

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