The Dutch Data Protection Authority—the Autoriteit Persoonsgegevens (AP)—recently announced that it will in many cases regard scraping of personal data by private sector organizations as an infringement of the EU General Data… more
On May 16, 2024, the Securities and Exchange Commission (SEC) adopted final amendments to Regulation S-P, one year after issuing the proposed amendments (discussed here). Regulation S-P is a set of privacy rules that govern how certain… more
In both the federal and state judicial systems, judges assess privilege and work product protection claims — sometimes coordinating with judges at other levels. But there is a lurking unspoken risk that some lawyers may overlook… more
As the era of biologics and biosimilar litigations heats up in the United States, Europe’s Unified Patent Court (UPC) is also taking center stage with the first two biosimilar disputes filed in March and April… more
In a dispute over the validity of design patents covering the fenders of GM’s 2018-2020 Chevrolet Equinox, the Federal Circuit overturned its own long-standing Rosen-Durling “rigid” standard for assessing obviousness of design patents… more
Twenty-four years ago, the Delaware Supreme Court clarified that de novo review was the appropriate standard of review for the Court of Chancery’s dismissal of a derivative case for failure to plead demand futility. Brehm v. Eisner… more
The arrival of name, image, and likeness (NIL) agreements has transformed college athletics, offering student-athletes unprecedented opportunities to profit from their personal brands. Yet, the case of Jaden Rashada, a promising… more
On April 26, 2024, the U.S. Department of Health and Human Services (“HHS”) issued a final rule (the “Final Rule”) along with guidance updating the Health Insurance Portability and Accountability Act (“HIPAA”) regulations at 45 C.F.R… more
On May 21, 2024, Erik Gerding, Director of the SEC’s Division of Corporation Finance, issued a statement regarding the disclosure of cybersecurity incidents on Form 8-K. In his statement, Director Gerding encourages companies that… more
Kilpatrick’s Ted Mayle and Kevin Bell recently presented “What Corporate Counsel Need to Know About Patent Damages” at the ACC Colorado In-House Counsel Forum. With reports of nine-figure jury awards in patent cases being almost… more
On May 22, 2024, the Office of the U.S. Trade Representative (USTR) released the text of a Federal Register notice detailing the tariff codes to be impacted by the Biden Administration’s proposed increase in tariffs on $18 billion in… more
Facing bellwether trials in the Aqueous Film Forming Foam (AFFF) multi-district litigation (MDL) later this year for claims brought by public water systems due to the alleged per- and polyfluoroalkyl substances (PFAS) contamination of… more
In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, increase the number of trustees, and change the method for trustees to vote on issues as well as other modifications. No… more
À la suite de la publication du rapport initial de la Commission sur l’ingérence étrangère le 3 mai 2024, le ministre de la Sécurité publique du Canada a déposé le projet de loi C-70, Loi concernant la lutte contre l’ingérence… more
In a recent en banc decision, the United States Court of Appeals for the Federal Circuit overturned the Rosen-Durling test for assessing the non-obviousness of design patents and adopted a more flexible test which is consistent with… more
En réponse aux préoccupations soulevées par l’ingérence étrangère dans les élections canadiennes, lesquelles ont fait couler beaucoup d’encre, le ministre de la Sécurité publique du Canada a présenté le projet de loi C-70, Loi… more
The U.S. Environmental Protection Agency (EPA) published a final rule on May 17, 2024, to update the list of chemicals subject to Toxics Release Inventory (TRI) reporting to include seven additional per- and polyfluoroalkyl substances… more
Parties to transaction agreements often choose Delaware as the exclusive forum for disputes arising out of their transactions. This is common, where the parties are from diffuse geographic locations, but desire a single forum… more
When only some of the defendants to a lawsuit want to settle, Pierringer agreements can be an attractive solution. However, in a recent decision that adopted principles from Ontario jurisprudence, the Court of King's Bench of Alberta… more
A long-awaited statutory review of tariffs imposed on imports of Chinese goods under Section 301 of the Trade Act of 1974 resulted in the Biden Administration increasing tariffs on EVs, semiconductors, solar products, steel and… more
A gift can be a valid way to acquire ownership in a Disadvantaged Business Enterprise (DBE) or an Airport Concession Disadvantaged Business Enterprise (ACDBE), but there are some specific requirements you need to follow to make sure… more
On May 22, 2024, AbbVie, Inc. filed a notice of data breach with the Attorney General of Texas after discovering that confidential information that had been entrusted to the company was subject to unauthorized access. In this notice… more
Leigh Smith and H. Straat Tenney of Locke Lord provide a comparative analysis of the handling of pre- and post-sale confusion of trademarked goods by jurisdiction to draw interesting conclusions for corporations to consider when… more
The US Supreme Court on April 22, 2024 denied a petition for a writ of certiorari in the closely watched antitrust case United States Soccer Federation Inc. v. Relevent Sports LLC. The decision raises important questions about the… more
The economy grew at a moderate pace in Q4 2023, with inflation ticking up slightly in March, with core CPI rising 3.8%. U.S. consumer sentiment remains stable, with steady spending despite some pockets of weakness. Disposable income is… more
Kilpatrick partners Tina McKeon, Michael Bertelson, and Michael Turton recently joined Laura Fritts (Vice President, Intellectual Property, Legal, Azurity Pharmaceuticals, Inc.) to present at the annual Kilpatrick Intellectual Property… more
Although the Denver City Council’s power in shaping the city’s budget is limited, it still plays a critical role in identifying and advocating for priorities for each neighborhood, district and the city as a whole… more
On May 13, 2024, at a special transmission reform meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920 “Building for the Future Through Electric Regional Transmission Planning and Cost… more
This latest Federal Communications Commission (FCC) action addressing artificial intelligence (AI) would, if adopted, aim to protect voters against deceptive information, including “deep fakes,” in political ads. Pursuant to the… more
New York State lawmakers this week proposed a revised champerty and sovereign debt bill (Senate Bill S5623/Assembly Bill A5290) that now includes changes to the current rate of interest provided by the New York Civil Practice Law &… more
Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were insured by… more
May 22, 2024- The Federal Deposit Insurance Corporation published its 2024 Risk Review, which summarizes conditions in the U.S. economy, financial markets, and the banking industry… more
On May 8, 2024, the California Attorney General’s Office issued highly anticipated guidance on Senate Bill 478 (SB 478), also known as the “Hidden Fees Statute.” This law, set to go into effect on July 1, 2024, seeks to put an end to… more
In today’s digital era, law firms are continually searching for innovative ways to connect with potential clients and streamline their marketing efforts. One recent advancement that offers a significant boost in this area is the… more
Le gouvernement fédéral du Canada (le « gouvernement fédéral ») propose d’apporter des modifications à la Loi sur l’évaluation d’impact (la « LEI ») qui, d’après lui, visent à garantir la solidité de celle-ci sur le plan… more
Die Energiewende erreicht nun auch die Fondsindustrie (?) - Das Bundesministerium der Finanzen hat am 21. Mai 2024 einen Diskussionsentwurf für ein Gesetz zur Förderung von Investitionen von Fonds in erneuerbare Energien und… more
In a recent unanimous decision by the New Jersey Supreme Court in Christopher Maia v. IEW Construction Group, the seven-judge panel reversed the prior judgment of the Appellate Division and held that the August 6, 2019, amendments to… more
As they go through their initial public offering (IPO) and the subsequent merger & acquisition (M&A) process, special purpose acquisition companies (SPACs) face many regulatory, legal, and business hurdles. Obtaining the appropriate… more
On May 21, 2024, Erik Gerding, the Director of the Division of Corporation Finance at the U.S. Securities and Exchange Commission (SEC), released a statement (statement) on the disclosure of cybersecurity incidents. This statement… more
On May 17, 2024, an Appeals Review Panel (ARP) of the United States Patent and Trademark Office (“USPTO”) released its decision in Ex parte Chamberlain (referred to in Federal Circuit proceedings as In re Xencor; “Chamberlain”). The… more
Courts Rule for Private Email and Social Media Discovery - In two separate recent rulings, courts granted discovery related to private email accounts and private social media account usernames in requests made by plaintiffs. And in… more
A shift to Schedule III would bring the cannabis industry one step closer to true legitimacy. A Schedule III reassignment would allow marijuana companies to take ordinary business deductions, notably increasing the profitability of… more
On May 14, 2024, Judge Rita F. Lin of the United States District Court for the Northern District of California granted a motion to dismiss a putative securities class action against a ridesharing company (the “Company”) and its CEO and… more
On 24 April 2024, the EU adopted a new directive (Directive (EU) 2024/1226 of the European Parliament and of the Council) which establishes EU-wide rules for defining criminal offences and penalties related to the violation of EU… more
On May 14, 2024, the Office of the United States Trade Representative (USTR) announced expansions to tariffs under § 301 of the Trade Act of 1974 (§ 301) on imports from China, including tariff increases on currently covered products… more
“Slick Willie” Sutton knew why he robbed banks – “Because that’s where the money is.” Likewise, there is money to be made in running sweepstakes. The question arises for the intrepid entrepreneur – why not just sell anything and run… more
In a victory for employers seeking summary judgment in employment discrimination cases, the Ninth Circuit held that discriminatory remarks that merely quote third parties—including pejorative phrases—do not create a genuine issue of… more
As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed hundreds… more
Florida Governor Ron DeSantis recently signed a bill into law that will enable procurement authorities in Florida to accept unsolicited proposals for public-private partnerships (P3s) without undertaking a public bidding process. The… more
Food Venture Financing Trends - - ByHeart, an infant nutrition company, has secured $95 million in financing to support its U.S. commercial launch and innovation pipeline. - Pepper, an eCommerce platform designed to be the growth… more
The bidding statute applicable to school boards in the state of Ohio is R.C. 3313.46. It requires public bidding in accordance with the statutory procedure when the school board “determines to build, repair, enlarge, improve, or… more
On May 9, 2024, Quebec’s Minister of Transport and Sustainable Mobility (Minister), Geneviève Guilbault, introduced Bill 61, An Act enacting the Act respecting Mobilité Infra Québec and amending certain provisions relating to shared… more
On 27 February 2024, the Nîmes Court of Appeal confirmed that an employee may be dismissed for serious misconduct for participating in an anti-competitive cartel. While the risk of companies being penalised for anti-competitive… more
Although there are occasions when formal insolvency proceedings are unavoidable, there are many cases where a consensual, out-of-court approach is more appropriate and desirable. We are often engaged to assist creditors, directors… more
On May 22, 2024, the United States Trade Representative (“USTR”) announced the publication of a Federal Register Notice (“the FRN”) setting forth additional and increased Section 301 tariffs for specific Harmonized Tariff Schedule of… more
In 1989’s Bill & Ted’s Excellent Adventure, Keanu Reeves plays a stoner who gets caught up in historical shenanigans. By 2014, Mr. Reeves progressed past his teenage high jinks to become a James Bond-like action hero in his John Wick… more
Until now, the European Commission's (EC) antitrust focus on labour-related issues has been timid. This may soon change. The EC has recently published a policy brief on labour markets, explaining that in its view, wage-fixing and… more
The new Directive (EU) 2024/1226 defines criminal offences and penalties for breaches of EU sanctions. This Client Alert summarises key provisions and implications for businesses. This Client Alert is published in the context of… more
