Kilpatrick Townsend & Stockton LLP

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

See All Updates »

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

See All Updates »

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

See All Updates »

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 »

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

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 »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

No Moving Targets: Construing Patent Claims in View of SAS v. ComplementSoft

In its majority opinion rendered June 10, 2016 in SAS Institute, Inc., v. ComplementSoft, LLC, __ F. 3d __ (Fed. Cir. 2016), the Federal Circuit upheld the Patent Trial and Appeal Board’s construction of claim terms and…more

Administrative Procedure Act, Claim Construction, Patent Trial and Appeal Board, Patents, Prior Art

See All Updates »

A Ninth Circuit Blueprint for a RICO Class Action

Takeaway: Civil RICO claims usually present complex issues. As civil causes of action predicated on violations of criminal law, a RICO plaintiff must prove (1) conduct (2) of an enterprise (3) through a pattern (4) of…more

Class Action, Class Certification, Corporate Counsel, Point of Sale Terminals, Property Tax

See All Updates »

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

See All Updates »

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

See All Updates »

OCC Issues Additional Guidance for Evaluating FinTech Charter Applications

On March 15, the Office of the Comptroller of the Currency (OCC) provided additional detail on evaluating national bank charter applications from financial technology (FinTech) companies that engage in the business of banking…more

Banking Sector, FinTech, Fintech Charter, National Bank Charters, OCC

See All Updates »

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

See All Updates »

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

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

See All Updates »

“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 »

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

See All Updates »

3 Takeaways - Alice & IEEE Patent Policy Changes: Identifying Techniques & Strategies to Maximize Value or Minimize Risk

Kilpatrick Townsend’s Rich Christiansen was the featured speaker at the recent ACC San Diego Technology Roundtable: Turning a Black Swan into a Golden Goose. He led a case-study discussion using the U.S. Supreme Court Alice…more

CLS Bank v Alice Corp, IEEE, Patents

See All Updates »

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

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

“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 »

Leveraging Trial Strategies To Improve Your Negotiating Skills

A trial lawyer must make strategic decisions throughout the course of a case that will impact its outcome at trial. Over the years of my practice, I have learned that these decisions have also taught me several important lessons…more

Litigation Strategies, Negotiations, Settlement Offer, Young Lawyers

See All Updates »

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

See All Updates »

Federal Circuit Grants En Banc Review Of Amendment In AIA Trials

Successful motions to amend in AIA trials continue to be rare. The Patent Trial and Appeal Board conducted and published a Motion to Amend Study this year: as of April 30, 2016, the Board had completed 1539 trials; 192 of those…more

America Invents Act, En Banc Review, Motion to Amend, Patent Ownership, Patent Trial and Appeal Board

See All Updates »

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

See All Updates »

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

See All Updates »

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

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 »

What to Make of the Third and Seventh Circuit Dueling Spokeo Rulings in Recent Privacy Breach Class Actions

Spokeo-based challenges are now common in class actions alleging statutory violations. But disagreements remain concerning when Spokeo mandates dismissal for lack of Article III standing. Last week, two different federal…more

Article III, Class Action, Corporate Counsel, Data Breach, FCRA

See All Updates »

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

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 »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

Court Enjoins Several Parts of the Fair Pay & Safe Workplaces Final Rule

Over the last few months our Government Contracting and Labor & Employment teams have been breaking down the specifics about the Fair Pay & Safe Workplaces Final Rule and the corresponding Department of Labor guidance. As we…more

Arbitration Agreements, Civil Rights Act, DOL, Fair Pay and Safe Workplaces, Federal Acquisition Regulations (FAR)

See All Updates »

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

See All Updates »

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

See All Updates »

Constitutionality of SEC Judges Questioned

Among the many provisions of the Dodd-Frank Act were some that gave the SEC greater ability to hear cases and levy punishments in internal administrative courts without resort to ordinary federal courts. These provisions…more

Constitutional Challenges, Dodd-Frank, SEC

See All Updates »

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

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 »

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

See All Updates »

Defend Trade Secrets Act Passes House, Soon to Become Law

Billions of dollars in losses are attributed to trade secret theft each year. In response, and with vast bipartisan support, Congress passed the Defend Trade Secrets Act (DTSA) on April 27, 2016. The President is expected to…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Pending Legislation

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 »

The Eleventh Circuit Holds CAFA’s Local Controversy Provision Does Not Preclude The Exercise Of Federal Question Jurisdiction

Takeaway: The Class Action Fairness Act (“CAFA”) was enacted to broaden federal diversity jurisdiction over class actions. While CAFA’s local controversy provision requires district courts to “decline to exercise [diversity]…more

CAFA, Class Action, Jurisdiction, RICO

See All Updates »

OCC Issues Additional Guidance for Evaluating FinTech Charter Applications

On March 15, the Office of the Comptroller of the Currency (OCC) provided additional detail on evaluating national bank charter applications from financial technology (FinTech) companies that engage in the business of banking…more

Banking Sector, FinTech, Fintech Charter, National Bank Charters, OCC

See All Updates »

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 »

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 »

5 Key Takeaways: Patent Prosecution Trends

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

Patent Applications, Patent Litigation, Patents, USPTO

See All Updates »

The new CAFA? The Fairness in Class Action Litigation Act of 2017

The House Judiciary Committee has approved a bill introduced by its Chairman Robert Goodlatte (R-Va.), one of the authors of the Class Action Fairness Act of 2005 (“CAFA”), that would greatly alter class action litigation in the…more

Ascertainable Class, CAFA, Class Action, Class Certification

See All Updates »

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

See All Updates »

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 »

What to Make of the Third and Seventh Circuit Dueling Spokeo Rulings in Recent Privacy Breach Class Actions

Spokeo-based challenges are now common in class actions alleging statutory violations. But disagreements remain concerning when Spokeo mandates dismissal for lack of Article III standing. Last week, two different federal…more

Article III, Class Action, Corporate Counsel, Data Breach, FCRA

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

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

See All Updates »

OMB Claims Federal Progress on FISMA in 2016 But Much Work Remains

Earlier this week, the White House Office of Management and Budget (“OMB”) issued its 2016 Federal Information Security Modernization Act (“FISMA”) Annual Report. FISMA (last amended 2014) charges OMB with tracking the extent to…more

Cyber Threats, Cybersecurity, FISMA, OMB

See All Updates »

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

See All Updates »

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

See All Updates »

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 »

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

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

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

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 »

OCC Issues Additional Guidance for Evaluating FinTech Charter Applications

On March 15, the Office of the Comptroller of the Currency (OCC) provided additional detail on evaluating national bank charter applications from financial technology (FinTech) companies that engage in the business of banking…more

Banking Sector, FinTech, Fintech Charter, National Bank Charters, OCC

See All Updates »

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

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 »

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 »

No Moving Targets: Construing Patent Claims in View of SAS v. ComplementSoft

In its majority opinion rendered June 10, 2016 in SAS Institute, Inc., v. ComplementSoft, LLC, __ F. 3d __ (Fed. Cir. 2016), the Federal Circuit upheld the Patent Trial and Appeal Board’s construction of claim terms and…more

Administrative Procedure Act, Claim Construction, Patent Trial and Appeal Board, Patents, Prior Art

See All Updates »

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

See All Updates »

Top Takeaways: 2016 American Bar Association Forum on Franchising

Marc Lieberstein - Marc Lieberstein, Kilpatrick Townsend partner in the firm’s New York office, was honored to participate in the “Mine is Better Than Yours! The Risks and Rewards of Conducting Comparative Advertising”…more

American Bar Association (ABA), Franchise Agreements, Franchisors, FTC Act, Lanham Act

See All Updates »

DOL Issues Temporary Enforcement Guidance on Fiduciary Rule

On March 10th, in connection with the DOL’s recent proposal to delay the applicability of the fiduciary rule, the DOL issued temporary guidance (Field Assistance Bulletin No. 2017-01) regarding how it will enforce the rule in…more

DOL, Fiduciary Rule, Financial Institutions, Investment Adviser

See All Updates »

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

See All Updates »

“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 »

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

See All Updates »

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

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 »

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

See All Updates »

U.S. Supreme Court to Decide Key Personal Jurisdictional Issue Relevant to Class Action Litigation

A path to the Golden State will likely be closed in the coming months for class action plaintiffs. On January 19, 2017, the U.S. Supreme Court granted a petition for writ of certiorari in Bristol-Myers Squibb Co. v. Superior…more

Bristol- Myers Squibb Co. v. Superior Court (Anderson), Certiorari, Class Action, Personal Jurisdiction, SCOTUS

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 »

OCC Issues Additional Guidance for Evaluating FinTech Charter Applications

On March 15, the Office of the Comptroller of the Currency (OCC) provided additional detail on evaluating national bank charter applications from financial technology (FinTech) companies that engage in the business of banking…more

Banking Sector, FinTech, Fintech Charter, National Bank Charters, OCC

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

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

See All Updates »

OCC Issues Additional Guidance for Evaluating FinTech Charter Applications

On March 15, the Office of the Comptroller of the Currency (OCC) provided additional detail on evaluating national bank charter applications from financial technology (FinTech) companies that engage in the business of banking…more

Banking Sector, FinTech, Fintech Charter, National Bank Charters, OCC

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

See All Updates »

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

See All Updates »

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

See All Updates »

DOL Issues Temporary Enforcement Guidance on Fiduciary Rule

On March 10th, in connection with the DOL’s recent proposal to delay the applicability of the fiduciary rule, the DOL issued temporary guidance (Field Assistance Bulletin No. 2017-01) regarding how it will enforce the rule in…more

DOL, Fiduciary Rule, Financial Institutions, 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

See All Updates »

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

See All Updates »

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

See All Updates »

The Past is Prologue: Current Trends in Government Contract Spending Over the Past Five Years – GAO Issues Trend Analysis Report

In its March 9, 2017 report entitled, “Contracting Data Analysis – Assessment of Government-Wide Trends”, GAO No. GAO-17-244SP (the “Report”), GAO has found that defense obligations for products and services decreased by a…more

Bid Protests, Federal Contractors, Fixed Price Contracts, GAO

See All Updates »

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

See All Updates »

Gorsuch On Rule 23 And CAFA

President Trump has nominated Tenth Circuit Judge Neil M. Gorsuch to replace Justice Antonin Scalia on the United States Supreme Court, and we expect that his nomination will eventually be confirmed. Since 2006, Judge Gorsuch…more

CAFA, Class Action, Neil Gorsuch, Rule 23

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 »

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 »

Ninth Circuit Rejects Ascertainability as a Requirement for Class Certification Under Rule 23

A potent weapon for defending against class actions is the requirement that class members be “ascertainable.” Circuit courts phrase this requirement differently, but at bottom, it is two-fold: (1) the class must be objectively…more

Ascertainable Class, Class Action, Class Certification, Rule 23, Rule 23(b)(3)

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

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 »

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

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 »

SEC Issues Guidance to Ease Fund Implementation of “Clean Shares”

In January, we authored a post discussing an SEC no-action letter, dated January 11, 2017, to Capital Group (the “Capital Group Letter”), the parent company of American Funds. In the Capital Group Letter, the SEC agreed that…more

Brokers, Clean Shares, Investment Company Act of 1940, Mutual Funds, SEC

See All Updates »

SEC Issues Guidance to Ease Fund Implementation of “Clean Shares”

In January, we authored a post discussing an SEC no-action letter, dated January 11, 2017, to Capital Group (the “Capital Group Letter”), the parent company of American Funds. In the Capital Group Letter, the SEC agreed that…more

Brokers, Clean Shares, Investment Company Act of 1940, Mutual Funds, SEC

See All Updates »

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

See All Updates »

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

See All Updates »

“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

See All Updates »

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

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 »

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 »

New California Laws and Cases that May Impact Your Business

This alert covers selected new California laws that may affect your company’s business operations in California, and recent published case opinions that may impact your company if it does business or is involved in litigation in…more

Attorney-Client Privilege, Ban the Box, Class Action, Gender Identity, Minimum Wage

See All Updates »

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 »

An Employer-Centric Summary of the American Health Care Act

Unless you recently were stranded on an uninhabited island, or do not own a mobile phone, computer or television, you likely have not heard that the House released the Affordable Care Act repeal and replace bill. This new bill…more

Affordable Care Act, Cadillac Tax, Employee Benefits, Employer Mandates, Health Savings Accounts

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 »

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

See All Updates »

DOL Issues Temporary Enforcement Guidance on Fiduciary Rule

On March 10th, in connection with the DOL’s recent proposal to delay the applicability of the fiduciary rule, the DOL issued temporary guidance (Field Assistance Bulletin No. 2017-01) regarding how it will enforce the rule in…more

DOL, Fiduciary Rule, Financial Institutions, Investment Adviser

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

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 »

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

See All Updates »

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

See All Updates »

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 »

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’s Public Meeting on the Use of the Term “Healthy” in the Labeling of Human Food Products – A Summary of Key Points

On March 9, 2017, the Food and Drug Administration (FDA or Agency) held a public meeting in Rockville, MD, which FDA officials described as a way to engage in a dialog with the public and regulated industry and allow for…more

FDA, Food Labeling, Nutrition Facts Labels, Public Meetings

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 Trademark (EUTM), Member State

See All Updates »

FDA Makes Public the Scientific Data Evaluated and Provides Draft Guidance Regarding the Inclusion of Certain Fibers in the Definition of Dietary Fiber

As previously reported, in May 2016, the Food and Drug Administration (FDA or agency) published new final regulations on Nutrition and Supplement Facts labeling. As part of the final rules, FDA defined “dietary fiber,” in…more

Draft Guidance, FDA, Labeling, Nutrition Facts Labels

See All Updates »

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

See All Updates »

Contact

1100 Peachtree Street NE
Atlanta, GA 30309-4528, United States

  • 404.815.6500
  • 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
See more
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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×