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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Updated: President Trump Turns to the U.S. Trade Representative for China IP Investigation

From the earliest days of his campaign, President Trump has spoken out on alleged intellectual property misconduct by China. He is now turning to the U.S. Trade Representative for a formal investigation of China in this regard…more

China, Intellectual Property Protection, Section 301, Trade Act of 1974, Trump Administration

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Key Takeaways: Patent Prosecution: Latest Trends and Best Practices in Asia

Kilpatrick Townsend partners Hitoshi Akiba, Charles Gray, and Kris Reed recently presented on the latest trends and best practices in Asia patent prosecution. Key takeaways concerning patent prosecution in China,…more

China, Japan Patent Office, Patent Litigation, 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On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities.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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Aqua Products: Petitioner Bears Burden of Proving Unpatentability of Amended Claims in Inter Partes Review

The full U.S. Court of Appeals for the Federal Circuit held in Aqua Products “the burden of proving the unpatentability of all claims in an IPR—both original and amended—is on the petitioner.” Five opinions (including one…more

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

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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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California Enacts Law Barring Pre-Employment Inquiries About Salary History

On October 12, 2017, Governor Jerry Brown of California signed into law a statute that prohibits employers from seeking salary-history information, including compensation and benefits information, about an applicant for…more

Employer Liability Issues, Equal Pay, Hiring & Firing, Job Applicants, Local Ordinance

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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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Chinese Investments In The United States Remain In CFIUS Crosshairs

On September 13, 2017, President Trump issued an Executive Order blocking the $1.3 billion acquisition by Canyon Bridge Capital Partners, a Chinese government-backed private equity fund (“Canyon Bridge”) of Lattice Semiconductor…more

Acquisitions, CFIUS, China, Foreign Acquisitions, Foreign Investment

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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

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The Spokeo Saga Continues: Ninth Circuit Finds That Incorrect Consumer Report About Age, Marital Status, Wealth, Education Level, And Profession Gives Rise To Concrete Injury

Takeaway: In Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) (“Spokeo II”), the Supreme Court ruled that not every statutory violation gives rise to a concrete injury for standing purposes. An inaccurate report of a person’s zip…more

Article III, FCRA, Injury-in-Fact, SCOTUS, Spokeo

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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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SoFi Withdraws U.S. Banking Application

We previously reported on Social Finance, Inc.’s application for an industrial loan company (ILC) charter. That is now over, at least for the time being. On Friday, October 13, the online lender announced it is withdrawing its…more

Deposit Accounts, FDIC, FinTech, Internet Lenders, Savings and Loan Companies

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Key Takeaways From the CFPB’s Final Rule On Payday, Vehicle Title, and Certain High-Cost Installment Loans

On October 5, the Consumer Financial Protection Bureau (CFPB or Bureau) released its long-anticipated final rule on small dollar lending, which covers payday, vehicle title, and certain high-cost installment loans. The final…more

CFPB, Consumer Financial Products, Consumer Lenders, Debt Collection, Payday Loans

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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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Broadest Reasonable Interpretation Guidance During Prosecution

Even though the USPTO has been using the broadest reasonable interpretation (BRI) for over 100 years, guidance by the Federal Circuit is still needed. Recently, Federal Circuit found the application of the BRI by the Patent…more

Broadest Reasonable Interpretation Standard, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Judge Issues Order Invalidating DOL Exempt-Employee Salary Rule

Last November, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a preliminary injunction in the case of Nevada v. U.S. Dep’t of Labor that put on hold the U.S. Department of Labor’s Final…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time

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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

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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

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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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Herding Cats: Making The Most Out Of A Joint Defense Group

Litigation today often involves multiple defendants facing a common adversary — whether it is patent litigation against the same patent holder or tort litigation against the same plaintiff. Multidefendant litigation can afford…more

Attorney-Client Privilege, Common-Interest Privilege, Litigation Strategies, Patent Infringement, Patent Litigation

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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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3 Key Takeaways: Navigating the Post-Grant Landscape

Kilpatrick Townsend’s John Alemanni, Allison Dobson, Matthew Holohan, and Wab Kadaba recently presented on navigating the Post-Grant landscape. Here are three key takeaways from their presentation. The STRONG Patents Act of…more

America Invents Act, Estoppel, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patents

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New California Law Requires Small Employers to Provide Unpaid Baby-Bonding Leave

On October 12, 2017, California Governor Jerry Brown signed into law the New Parent Leave Act, a law that will require employers with 20-49 employees to provide up to 12 weeks of unpaid, job-protected parental leave to eligible…more

Employee Rights, Employer Liability Issues, Local Ordinance, Parental Leave, Small Employers

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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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Tribes Really Need More Than Sovereign Immunity Defense

The title of this article might seem familiar — it should. A year ago we published an article titled “Tribes Need More Than Just The Sovereign Immunity Defense.” In that article, we advised tribes about the value of liability…more

Liability Insurance, Native American Issues, Sovereign Immunity

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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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4 Key Takeaways: Consulting Agreements – Who Owns the IP?

Silicon Valley-based Kilpatrick Townsend Counsel Alan Dow focuses his practice on patent prosecution, acquisition and counseling, and on intellectual property and commercial transactions. Mr. Dow recently presented on important…more

Copyright, Patents, The Copyright Act, Trade Secrets

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Ridgeway v. Walmart Stores, Inc. – A Reminder That There Are Few Bright Line Rules in Class Action Attorneys’ Fees Awards.

On September 14, 2017, the Northern District of California entered its order awarding attorneys’ fees to plaintiffs’ class action counsel in Ridgeway v. Walmart Stores, Inc., No. 08-cv-05221-SI, 2017 WL 4071293 (N.D. Cal. Sept…more

Attorney's Fees, Class Action, Fee-Shifting, Wal-Mart

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Proposal to Change from Quarterly to Annual Periodic Reporting

This post is not about a recent development or practice tip. It is a “trial balloon” to test, in a public forum, my outlier but serious proposal that has haunted me for almost 20 years. I began a fairly long article about it in…more

Disclosure Requirements, Form 10-K, Form 10-Q, Form 8-K, Publicly-Traded Companies

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SEC Expands Confidential Review of IPO Registration Statements

The SEC announced earlier this summer (and supplemented that announcement late last week with additional information) that it has expanded the availability of its popular procedure for confidential non-public review of, and…more

Draft Documents, Emerging Growth Companies, Initial Public Offerings, JOBS Act, Registration Statement

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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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Judge Issues Order Invalidating DOL Exempt-Employee Salary Rule

Last November, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a preliminary injunction in the case of Nevada v. U.S. Dep’t of Labor that put on hold the U.S. Department of Labor’s Final…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time

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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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Ninth Circuit Declines to Hold Seller Vicariously Liable for Third-Party Telemarketer’s TCPA Violations

Takeaway: Decisions addressing a seller’s exposure to vicarious liability for calls placed by a third-party telemarketer in violation of the Telephone Consumer Protection Act (“TCPA”) offer little predictability or guidance. In…more

Corporate Counsel, Robocalling, TCPA, Telemarketing, Third-Party Liability

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Regulation S-K Amendments Promise FAST Relief for Advisers and Funds

On October 11, 2017, the SEC issued a Proposed Rule to modernize and simplify disclosure requirements in Regulation S-K. The Proposed Rule, authorized by the Fixing America’s Surface Transportation Act (the “FAST Act”), is…more

Comment Period, Corporate Governance, Disclosure Requirements, Fixing America’s Surface Transportation Act (FAST Act), Regulation S-K

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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

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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

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Broadest Reasonable Interpretation Guidance During Prosecution

Even though the USPTO has been using the broadest reasonable interpretation (BRI) for over 100 years, guidance by the Federal Circuit is still needed. Recently, Federal Circuit found the application of the BRI by the Patent…more

Broadest Reasonable Interpretation Standard, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Indian Country Should Defend Environmental Protections

Doing exactly what he promised to do throughout his campaign, Donald Trump has been rolling back Obama-era environmental regulations since his first full day in office when he issued an executive order to expedite approval of…more

EPA, Executive Orders, Fracking, Oil & Gas, Trump Administration

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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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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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4 Top Takeaways: Smart Prosecution for Value

Kilpatrick Townsend Partners Eugenia Garrett-Wackowski, Paul Haughey, Babak Kusha, and Karam Saab recently presented on issues and strategies to consider when writing and prosecuting patent applications to withstand Alice…more

Patent Examinations, Patent Litigation, Patents, USPTO

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Key Takeaways From the CFPB’s Final Rule On Payday, Vehicle Title, and Certain High-Cost Installment Loans

On October 5, the Consumer Financial Protection Bureau (CFPB or Bureau) released its long-anticipated final rule on small dollar lending, which covers payday, vehicle title, and certain high-cost installment loans. The final…more

CFPB, Consumer Financial Products, Consumer Lenders, Debt Collection, Payday Loans

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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

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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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Ninth Circuit: Rule 23(F)’S Interlocutory Appeal Deadline Is Not Jurisdictional – Equitable Exceptions Apply To Extend The Deadline

Under Federal Rule 23(f), parties have 14 days to petition for interlocutory review of an order granting or denying class certification. The federal appellate courts of appeals construe this deadline as “procedural” rather than…more

Class Action, Class Certification, Equitable Tolling, Motion for Reconsideration, Rule 23(f)

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Key Takeaways: Patent Prosecution: Latest Trends and Best Practices in Asia

Kilpatrick Townsend partners Hitoshi Akiba, Charles Gray, and Kris Reed recently presented on the latest trends and best practices in Asia patent prosecution. Key takeaways concerning patent prosecution in China,…more

China, Japan Patent Office, Patent Litigation, Patents

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Cyber Winter is Here, and Coming to Regulation: New York Cybersecurity Rule Ice Dragon Heading for the Wall

The State of New York’s response to two large cybersecurity breaches may fuel the transformation of the state regulation of corporate cybersecurity in the U.S. Unlike typical state data breach statutes which focus on…more

Covered Entities, Cybersecurity, Data Breach, Equifax, FTC

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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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Filing An Early Motion To Strike Class Allegations

A recent decision by the Western District of Michigan is indicative of the increasing trend in federal district courts to grant early motions to strike class allegations where it is obvious that a class cannot be certified. The…more

Class Action, Class Certification, Corporate Counsel, Discovery, Motion To Strike

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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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U.S. International Trade Commission Persists with Remedy for PTAB-Invalidated Patent

The U.S. International Trade Commission has declined to rescind remedial orders blocking importation of products found to infringe two patents that were recently found invalid by the Patent Trial and Appeal Board of the U.S…more

Inter Partes Review (IPR) Proceeding, ITC, Patent Infringement, Patent Invalidity, Patent Trial and Appeal Board

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Ridgeway v. Walmart Stores, Inc. – A Reminder That There Are Few Bright Line Rules in Class Action Attorneys’ Fees Awards.

On September 14, 2017, the Northern District of California entered its order awarding attorneys’ fees to plaintiffs’ class action counsel in Ridgeway v. Walmart Stores, Inc., No. 08-cv-05221-SI, 2017 WL 4071293 (N.D. Cal. Sept…more

Attorney's Fees, Class Action, Fee-Shifting, Wal-Mart

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4 Top Takeaways: Smart Prosecution for Value

Kilpatrick Townsend Partners Eugenia Garrett-Wackowski, Paul Haughey, Babak Kusha, and Karam Saab recently presented on issues and strategies to consider when writing and prosecuting patent applications to withstand Alice…more

Patent Examinations, Patent Litigation, Patents, USPTO

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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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Challenging the Reign of Kingdomware – Federal Circuit May Decide Whether Veterans or AbilityOne Participants Receive Priority in VA Procurements.

On Friday of last week, while most of the country was getting ready for the Labor Day Holiday, the U.S. Court of Federal Claims in PDS Consultants, Inc. v. United States, Case No. 16-1603C, Slip. Op. (September 1, 2017) stayed…more

Department of Veterans Affairs, Federal Procurement Systems, Kingdomware Techs. Inc. v United States, SDVOSB

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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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5 Key Takeaways: Three Years After Octane Fitness – Patent Litigation Fee Fights

Kilpatrick Townsend’s Clay Holloway, a partner in the firm’s Atlanta office, recently participated in a webinar as part of a panel to discuss the issue of attorney fees three years after the U.S. Supreme Court decision in Octane…more

Attorney's Fees, Corporate Counsel, Octane Fitness v. ICON, Patent Infringement, Patent Litigation

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3 Key Takeaways: Navigating the Post-Grant Landscape

Kilpatrick Townsend’s John Alemanni, Allison Dobson, Matthew Holohan, and Wab Kadaba recently presented on navigating the Post-Grant landscape. Here are three key takeaways from their presentation. The STRONG Patents Act of…more

America Invents Act, Estoppel, Inter Partes Review (IPR) Proceeding, Patent Litigation, 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

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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

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Judge Issues Order Invalidating DOL Exempt-Employee Salary Rule

Last November, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a preliminary injunction in the case of Nevada v. U.S. Dep’t of Labor that put on hold the U.S. Department of Labor’s Final…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time

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Another Example of Practical Estoppel in IPR Practice

Earlier this year, the Federal Circuit held that statements made by patentees in an inter partes review (IPR) can constitute prosecution disclaimer. Aylus Networks, Inc. v. Apple Inc., No. 2016-1599 (Fed. Cir. May 11, 2017). In…more

Estoppel, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patents

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Key Takeaways From the CFPB’s Final Rule On Payday, Vehicle Title, and Certain High-Cost Installment Loans

On October 5, the Consumer Financial Protection Bureau (CFPB or Bureau) released its long-anticipated final rule on small dollar lending, which covers payday, vehicle title, and certain high-cost installment loans. The final…more

CFPB, Consumer Financial Products, Consumer Lenders, Debt Collection, Payday Loans

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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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Filing An Early Motion To Strike Class Allegations

A recent decision by the Western District of Michigan is indicative of the increasing trend in federal district courts to grant early motions to strike class allegations where it is obvious that a class cannot be certified. The…more

Class Action, Class Certification, Corporate Counsel, Discovery, Motion To Strike

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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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4 E-Discovery Strategies for GCs Under the "New" Federal Rules

When the cost of e-discovery drives case strategy, it is time to re-evaluate priorities. The U.S. Supreme Court and Congress agreed and amended several of the Federal Rules of Civil Procedure in December 2015 in light of massive…more

Discovery, Electronically Stored Information, Federal Rules of Civil Procedure, Rule 26, Rule 37

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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

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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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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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4 Top Takeaways: Smart Prosecution for Value

Kilpatrick Townsend Partners Eugenia Garrett-Wackowski, Paul Haughey, Babak Kusha, and Karam Saab recently presented on issues and strategies to consider when writing and prosecuting patent applications to withstand Alice…more

Patent Examinations, Patent Litigation, Patents, USPTO

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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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Obviousness Requires Articulation; Routine Optimization Insufficient Alone

In Re Stepan Company , No. 2016-1811 (Fed. Cir. Aug. 25, 2017) - The Federal Circuit vacated a Patent Trial and Appeal Board’s obviousness decision for failing to adequately articulate its reasoning. The Stepan Company filed…more

Appeals, Obviousness, Patent Litigation, Patent Trial and Appeal Board, Patents

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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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At the ITC, It’s Always “Standing” Room Only

Intellectual Ventures Refiles Against Auto Makers After Patent Assignment Fails ITC Scrutiny - The U.S. International Trade Commission (“ITC”) terminated an investigation because standing did not exist as of the date the…more

Corporate Counsel, ITC, Patent Infringement, Patent Litigation, Patents

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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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5 Key Takeaways: North Carolina Legislative Update

Kilpatrick Townsend’s Government Relations Advisor Ches McDowell, based in the firm’s Raleigh and Winston-Salem offices, recently presented an update concerning the 2017 North Carolina Legislature…more

General Assembly, Legislative Agendas, Opioid, State and Local Government, State Budgets

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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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Late September Surge at the ITC: Ten New Section 337 Complaints In Two Weeks

September closed with ten new complaints of unfair competition under Section 337, including patent and trademark infringement, in the last two weeks of September. Five of those complaints were filed within the two-day span of…more

Intellectual Property Litigation, ITC, Patent Infringement, Section 337, Trademark Infringement

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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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California Supreme Court endorses “fishing expedition” discovery under PAGA

In its recent decision concerning the proper scope of discovery under California’s Labor Code Private Attorneys General Act of 2004 – known as “PAGA” – the California Supreme Court authorized discovery just as broad as that…more

CA Supreme Court, Discovery, Employee Privacy Rights, Employer Liability Issues, Employment 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

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CFPB Makes Accommodations for Certain Fintech Products in Final Small Dollar Lending Rule

On October 5, the Consumer Financial Protection Bureau (CFPB or Bureau) released its long-anticipated final rule on small-dollar lending, which covers payday, vehicle title, and certain high-cost installment loans. Along with…more

CFPB, Consumer Financial Products, Consumer Lenders, Payday Loans, Popular

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E.D. Tex. Finds that Prior Art Estoppel Applies to References Rather than Specific Combinations of References

Defendant Hewlett Packard filed a Petition for IPR challenging claims of U.S. Patent No. 6,218,930 as invalid in view of two prior art references. On the same day Defendant requested joinder with an earlier filed IPR that…more

Estoppel, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, 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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An Object Insurance Coverage Lesson For Class Action Defendants: Don’t Put The Cart Before The Horse

Where a defendant’s insured litigation risk exceeds the defendant’s assets, insurance drives the outcome of settlement negotiations, as naturally it’s the horse that pulls the cart, and not vice versa. The Eighth Circuit’s…more

Class Action, ERISA, Insurance Industry

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Cyber Winter is Here, and Coming to Regulation: New York Cybersecurity Rule Ice Dragon Heading for the Wall

The State of New York’s response to two large cybersecurity breaches may fuel the transformation of the state regulation of corporate cybersecurity in the U.S. Unlike typical state data breach statutes which focus on…more

Covered Entities, Cybersecurity, Data Breach, Equifax, FTC

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Tribal Self-Governance Under Trump A Common Goal

Tribes are rightly concerned that federal programs benefiting tribal communities may become the target of budget cuts under the Trump administration and the Republican Congress, but tribes should not lose heart quite yet. With…more

ISDEAA, Regulatory Reform, Tribal Governments, Trump Administration

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Oil & Gas Rights and CMBS Servicing—Transfer Considerations

Question: The borrower pledged oil and gas rights related to the collateral property to the lender. The borrower has notified the servicer that it would like to sell these oil and gas rights. Can the lender approve the lease or…more

Borrowers, CMBS, Commercial Leases, Lenders, Oil & Gas

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Key Takeaways From the CFPB’s Final Rule On Payday, Vehicle Title, and Certain High-Cost Installment Loans

On October 5, the Consumer Financial Protection Bureau (CFPB or Bureau) released its long-anticipated final rule on small dollar lending, which covers payday, vehicle title, and certain high-cost installment loans. The final…more

CFPB, Consumer Financial Products, Consumer Lenders, Debt Collection, Payday Loans

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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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New California Law Requires Small Employers to Provide Unpaid Baby-Bonding Leave

On October 12, 2017, California Governor Jerry Brown signed into law the New Parent Leave Act, a law that will require employers with 20-49 employees to provide up to 12 weeks of unpaid, job-protected parental leave to eligible…more

Employee Rights, Employer Liability Issues, Local Ordinance, Parental Leave, Small Employers

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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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3 Key Takeaways: Foreign Corrupt Practices Act Trends in 2017

Kilpatrick Townsend partner Adria Perez recently presented to the Association of Corporate Counsel (ACC) Georgia Chapter about key 2017 trends concerning the enforcement of Foreign Corrupt Practices Act (“FCPA”) against…more

Cooperation, DOJ, FCPA, Federal Pilot Programs, SEC

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Hurricane Relief Legislation for Retirement Plans

We addressed hurricane relief for retirement plans offered by the IRS and other agencies in previous blog posts While the IRS relief allows for easier access to retirement funds on account of losses due to the recent hurricanes,…more

Employee Benefits, Hardship Distributions, Hurricane Harvey, IRS, Natural Disasters

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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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Late September Surge at the ITC: Ten New Section 337 Complaints In Two Weeks

September closed with ten new complaints of unfair competition under Section 337, including patent and trademark infringement, in the last two weeks of September. Five of those complaints were filed within the two-day span of…more

Intellectual Property Litigation, ITC, Patent Infringement, Section 337, Trademark Infringement

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5 Key Takeaways: Unclaimed Property – Escheatment by Any Other Name

Kilpatrick Townsend partner David Posner recently hosted a webinar addressing recent developments in the growing area of unclaimed property concepts and state requirements. Mr. Posner focuses his practice on bankruptcy and…more

Financial Institutions, Gift-Cards, Reporting Requirements, Unclaimed Property

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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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The Department of the Interior Proposes Additional Regulatory Hurdles to Restoring Tribal Homelands

On October 4, the Acting Assistant Secretary – Indian Affairs proposed substantial changes to the current land into trust process by circulating a Consultation Draft to Tribal leaders. This new proposal impacts every Tribe…more

Department of the Interior, Native American Issues, NEPA, Tribal Lands

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5 Key Takeaways: Protecting Your IP When Government Contracts Are Involved

Larry Prosen and Gunjan Talati, partners in Kilpatrick Townsend’s Government Contracts and Construction & Infrastructure Group, recently presented on an issue of growing importance -- “Protecting Your IP When Government…more

Federal Acquisition Regulations (FAR), Federal Contractors, Intellectual Property Protection, Patents

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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

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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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Updated: President Trump Turns to the U.S. Trade Representative for China IP Investigation

From the earliest days of his campaign, President Trump has spoken out on alleged intellectual property misconduct by China. He is now turning to the U.S. Trade Representative for a formal investigation of China in this regard…more

China, Intellectual Property Protection, Section 301, Trade Act of 1974, Trump Administration

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U.S. Supreme Court Rejects Application Of American Pipe Tolling To Statutes Of Repose

Takeaway: In California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373, 2017 WL 2722415 (U.S. June 26, 2017), the Supreme Court issued its closely-watched decision regarding whether the filing of a…more

American Pipe & Construction Co. v. Utah, CalPERS v ANZ Securities, Class Action, Equitable Tolling, SCOTUS

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California Enacts Law Barring Pre-Employment Inquiries About Salary History

On October 12, 2017, Governor Jerry Brown of California signed into law a statute that prohibits employers from seeking salary-history information, including compensation and benefits information, about an applicant for…more

Employer Liability Issues, Equal Pay, Hiring & Firing, Job Applicants, Local Ordinance

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Oil & Gas Rights and CMBS Servicing—Transfer Considerations

Question: The borrower pledged oil and gas rights related to the collateral property to the lender. The borrower has notified the servicer that it would like to sell these oil and gas rights. Can the lender approve the lease or…more

Borrowers, CMBS, Commercial Leases, Lenders, Oil & Gas

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

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Aqua Products: Petitioner Bears Burden of Proving Unpatentability of Amended Claims in Inter Partes Review

The full U.S. Court of Appeals for the Federal Circuit held in Aqua Products “the burden of proving the unpatentability of all claims in an IPR—both original and amended—is on the petitioner.” Five opinions (including one…more

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

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The Department of the Interior Proposes Additional Regulatory Hurdles to Restoring Tribal Homelands

On October 4, the Acting Assistant Secretary – Indian Affairs proposed substantial changes to the current land into trust process by circulating a Consultation Draft to Tribal leaders. This new proposal impacts every Tribe…more

Department of the Interior, Native American Issues, NEPA, Tribal Lands

See all updates »

4 Top Takeaways: Smart Prosecution for Value

Kilpatrick Townsend Partners Eugenia Garrett-Wackowski, Paul Haughey, Babak Kusha, and Karam Saab recently presented on issues and strategies to consider when writing and prosecuting patent applications to withstand Alice…more

Patent Examinations, Patent Litigation, Patents, 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

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Regulation S-K Amendments Promise FAST Relief for Advisers and Funds

On October 11, 2017, the SEC issued a Proposed Rule to modernize and simplify disclosure requirements in Regulation S-K. The Proposed Rule, authorized by the Fixing America’s Surface Transportation Act (the “FAST Act”), is…more

Comment Period, Corporate Governance, Disclosure Requirements, Fixing America’s Surface Transportation Act (FAST Act), Regulation S-K

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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

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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

See all updates »

CFPB Arbitration Agreements Rule Takes Effect Pending Legislative Showdown

The Consumer Financial Protection Bureau (CFPB or Bureau)’s Arbitration Agreements Rule (“the Rule”) took effect on September 18, 2017. The Rule, which bans class action waivers in arbitration agreements in contracts for…more

Arbitration Agreements, CFPB, Class Action Arbitration Waivers, Congressional Review Act, Consumer Contracts

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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

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New California Law Requires Small Employers to Provide Unpaid Baby-Bonding Leave

On October 12, 2017, California Governor Jerry Brown signed into law the New Parent Leave Act, a law that will require employers with 20-49 employees to provide up to 12 weeks of unpaid, job-protected parental leave to eligible…more

Employee Rights, Employer Liability Issues, Local Ordinance, Parental Leave, Small Employers

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 »

California’s Automatic Renewal Law Continues to Create Class Action Risk

A recent federal district court opinion highlights the class action risks companies selling consumer goods and services in California face from California’s Automatic Renewal Law, California Business & Professions Code §17600…more

Automatic Renewals, Class Action, Consumer Contracts, Unfair Competition Law (UCL)

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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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DOL Adopts 90-Day Delay for Disability Regulations

New disability claims procedures were scheduled to go into effect on January 1, 2018. In a notice to be published in the Federal Register on October 12th, the DOL will provide for a 90-day delay to examine the burdens of the…more

Disability, DOL, Employer Liability Issues

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Delaware Encourages Use of “Blockchain” Technology for Corporate Recordkeeping

Amendments to the Delaware General Corporation Law (“DGCL”) allowing for the use of “distributed ledgers”, or “Blockchain” technology, for corporate recordkeeping, including stock ledgers, became effective on August 1, 2017…more

Blockchain, Delaware General Corporation Law, Distributed Ledger Technology (DLT), Financial Institutions

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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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REO Advisor: Pre- And Post-Foreclosure Servicer Strategies To Allow For Tenant Construction Activities On Collateral Properties, As Well As The Subdivision And Subsequent Partial Sales Of Large REO Properties

This edition of the REO Advisor explores the pre- and post-foreclosure servicer strategies to allow for tenant construction activities on collateral properties, as well as the subdivision and subsequent partial sales of large…more

Borrowers, Foreclosure, REMIC, Tenants

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Chinese Investments In The United States Remain In CFIUS Crosshairs

On September 13, 2017, President Trump issued an Executive Order blocking the $1.3 billion acquisition by Canyon Bridge Capital Partners, a Chinese government-backed private equity fund (“Canyon Bridge”) of Lattice Semiconductor…more

Acquisitions, CFIUS, China, Foreign Acquisitions, Foreign Investment

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Hurricane Relief Legislation for Retirement Plans

We addressed hurricane relief for retirement plans offered by the IRS and other agencies in previous blog posts While the IRS relief allows for easier access to retirement funds on account of losses due to the recent hurricanes,…more

Employee Benefits, Hardship Distributions, Hurricane Harvey, IRS, Natural Disasters

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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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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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6 Key Takeaways: FinTech and Financial Institutions - The Next Generation Strategy

Kilpatrick Townsend’s Michelle Tyde recently spoke at the 2017 President & CEO Georgia Bankers Conference on the topic of “FinTech and Financial Institutions — The Next Generation Strategy.” Key takeaways from that…more

Blockchain, Cybersecurity, Financial Institutions, Financial Services Industry, FinTech

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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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Guarding Against Inadvertent Disclosures in E-Discovery

Have you watched the news lately? Somewhere in between the coverage of politics, global turmoil, more politics, sports, and the absurd number of commercial breaks, there seem to be weekly, albeit very brief, reminders that your…more

Data Breach, Data Security, Disclosure, Discovery, Electronically Stored Information

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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

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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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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

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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

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FDA Issues New Guidance on IRB Waiver or Alteration of Informed Consent for Minimal Risk Clinical Investigations

As July comes to an end, the Food and Drug Administration (FDA or agency) has issued a new guidance document for “immediate implementation” entitled “IRB Waiver or Alteration of Informed Consent for Clinical Investigations…more

Clinical Trials, FDA, Human Rights, Informed Consent, Medical Research

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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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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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Federal Circuit Holds that the “Required and Established Place of Business” for Patent Infringement Venue Under §1400(b) Requires Identification of a Physical Location of the Defendant’s Business

Brief Summary The U.S. Court of Appeals for the Federal Circuit held that to find a “required and established place of business” for venue in a civil action for patent infringement, the court must identify “a physical place, …more

Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction, Principal Place of Business

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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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