Kilpatrick Townsend & Stockton LLP

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
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection

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
| Intellectual Property

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
| Civil Procedure

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
| Government Contracting, Privacy, Science, Computers, & Technology

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
| Finance & Banking

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
| Finance & Banking

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
| Intellectual Property, Science, Computers, & Technology

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
| Communications & Media Law, Consumer Protection, Health

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
| Civil Procedure, Insurance

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
| Intellectual Property, Science, Computers, & Technology

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
| Government Contracting

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
| Insurance, Science, Computers, & Technology

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
| Commercial Law & Contracts, Intellectual Property

CFPB Proposes to Delay Prepaid Rule Effective Date

On October 5, 2016, the Consumer Financial Protection Bureau (the Bureau or CFPB) issued its final rule to extend certain federal consumer protections to the prepaid market. As previously reported, the rule extends Regulation E…more
| Consumer Protection, Finance & Banking

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
| Labor & Employment Law
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