Kilpatrick Townsend & Stockton LLP

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
| Business Organizations, Commercial Law & Contracts, Insurance, Mergers & Acquisitions

Decoding New FDA Nutrition And Supplement Facts Guidance

The U.S. Food and Drug Administration continues to fulfill its promise to provide food and dietary supplement companies with additional guidance on complying with the new final rules amending nutrition facts label regulations…more
| Communications & Media Law, Consumer Protection

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
| International Law & Trade, Science, Computers, & Technology

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
| Civil Procedure

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
| Labor & Employment Law, Taxation

Trump Orders Reconsideration (But Not Repeal) of Fiduciary Rule

On February 3, 2017, President Trump issued an executive order (“Order”) that requires the Department of Labor (DOL) to review the likely impact of the controversial “fiduciary rule”, which was set forth in final regulations…more
| Elections & Politics, Labor & Employment Law

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
| Civil Procedure

Takeaways: Consumer Payments in 2017

Regulatory Developments and Prospects for Consumer Gift Cards, Prepaid Cards, and Other Consumer Electronic Payment Methods - Kilpatrick Townsend Partner Christina Gattuso and Counsel Eamonn Moran recently provided an…more
| Consumer Protection, Finance & Banking

Wellness Benefits Case Arising Before the 2016 ADA Regulations Is Dismissed

The debate on the interaction between wellness programs, the ADA prohibition on involuntary medical exams and the ADA safe harbor relating to employee benefit plans will not be clarified. Last week, the U.S. Court of Appeals…more
| Health, Labor & Employment Law

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
| Civil Procedure, Constitutional Law, Privacy, Science, Computers, & Technology

Effects of the DOL Fiduciary Rule Reach Mutual Fund Industry

The Department of Labor finalized the so-called “Fiduciary Rule” in April 2016 and announced it would go into effect in April 2017. Since the finalization of the Fiduciary Rule, the annuities, brokerage, and advisory industries…more
| Labor & Employment Law, Securities Law

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
| Indigenous Peoples, Taxation

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 Law, Securities Law

President Trump Administration Freezes New Regulations

Soon after Donald Trump officially became the forty-fifth president of the United States, Reince Priebus, the President’s Chief of Staff, issued a memorandum freezing all pending regulations. This memorandum is similar to the…more
| Elections & Politics

Predominance? Class Defendant Must Introduce Evidence that Individualized Issues Predominate

Takeaway: To prevail on the predominance issue, an evidentiary showing is required. Defense counsel should prove – either through declaration or deposition testimony – that a particular defense (such as consent under the TCPA)…more
| Civil Procedure, Communications & Media Law, Consumer Protection
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