Kilpatrick Townsend & Stockton LLP

1100 Peachtree Street NE
Suite 2800
Atlanta, GA 30309, 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
See more
Other U.S. Locations
  • Alaska
  • California
  • Colorado
  • D.C.
  • Georgia
  • New York
  • North Carolina
  • Texas
  • Washington
Other Countries
  • China
  • Japan
  • Sweden
Number of Attorneys
400+ Attorneys

OSHA Updates COVID-19 Guidance for Fully Vaccinated Workers

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.  On Friday, August 13, 2021, OSHA updated its COVID-19 Guidance to complement the…more

Coronavirus/COVID-19, Guidance Update, Infectious Diseases, Masks, OSHA

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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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New York Uniform Voidable Transactions Act

On December 6, 2019, the governor of New York signed into law the New York Uniform Voidable Transactions Act (“NYUVTA”). N.Y. DEBT. & CRED. §§ 270-281. Until the occurrence of that event, New York had adhered for 95 years to the…more

Bankruptcy Code, Fraudulent Transfers, Uniform Voidable Transactions Act (UVTA)

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Aspirational Environmental Green Advertising Claims: Don’t Over-Promise Current Impacts and Be Sure to Substantiate Claims

On the heels of the FTC’s announcement that it plans to revise its Green Guides in the coming months, challenges to environmental claims are increasing across many venues. Recent NAD decisions and newly proposed consumer…more

Advertising, Environmental Claims, Marketing, NAD

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SEC Proposes Significant Regulatory Overhaul for Private Fund Advisers

On February 9, 2022, the Securities and Exchange Commission (the “SEC”) released proposed rules (the “Proposed Rules”) under the Investment Advisers Act of 1940 (the “Advisers Act”) that, if adopted as proposed, would…more

Books & Records, Comment Period, Investment Adviser, Private Funds, Proposed Rules

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When a Forensic Exam of a Mobile Device May Be Warranted

With the evolution of technology, electronic communications -- particularly text messages -- can often provide a treasure trove of evidence. While requests for email communications and collections from hard drives and networks…more

Discovery, Document Productions, e-Discovery Professionals, Electronically Stored Information, FRCP 26

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U.S. Expands Russia Export Restrictions and Sanctions Targeting Additional Services to Russia

The U.S. Expands Sanctions Against Russia to Include the Accounting, Trust and Corporate Formation Services, and Management Consulting Sectors of the Russian Economy and Expands Export Controls to Russian Industrial and…more

Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls, Foreign Policy

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The Agency for Cultural Affairs/ The Cabinet Office Announces a Document regarding Future Responses on the Relationship between AI and Copyright

Generative AI, such as ChatGPT, which is rapidly developing and become more familiar, is now facing the question of whether AI's learning of copyrighted work violates the Copyright Act. This is a major issue not only in the…more

Artificial Intelligence, Copyright, Copyright Infringement, Intellectual Property Protection, Japan

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Recognition Without an Election: NLRB Tweaks and Resurrects Joy Silk

The National Labor Relations Board (“NLRB” or “Board”) continued its aggressive efforts to curtail longstanding management rights under federal labor law, this time by reviving key features of a long-dormant legal doctrine…more

Employer Liability Issues, NLRA, NLRB, Unfair Labor Practices, Unions

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Alert: PTAB IPR Replies – How far is too far?

Today, in a precedential decision, the Federal Circuit provided guidance regarding the acceptable breadth of a Reply in an inter partes review proceeding. Rembrandt Diagnostics, LP v. Alere, Inc., Case. No. 21-1796 (Aug. 11,…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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WARNING: Follow Your ESI Protocol Because the Court Will – Part TWO

In Part Two of this blog series, I discuss a recent case regarding noncompliance with preservation provisions in an ESI protocol and provide best practices for negotiating and drafting an ESI protocol. In Part One of this series…more

Discovery, e-Discovery Professionals, Electronically Stored Information, Evidence, Technology-Assisted Review

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Final Ruling: U.S. Department of Commerce Confirms Sweeping Country-Wide Import Duties on Certain Southeast Asian Solar Cells and Models

On August 18, 2023, the International Trade Administration (“ITA”) of the U.S. Department of Commerce (“Commerce”) issued a final “country-wide” circumvention determination in its circumvention inquiry (“Inquiry”) regarding the…more

Anti-Dumping Duty, Countervailing Duties, Imports, U.S. Commerce Department

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日本中央銀行デジタル通貨(CBDC) - 日本銀行が概念実証を完了し、CBDC実証実験を開始 - Japan Central Bank Digital Currency (CBDC) – Bank of Japan Completes Proof of Concept and Begins Pilot for Japanese CBDC


Central Bank Digital Currency (CBDCs), Cryptocurrency, Digital Assets, Digital Currency, Japan

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5 KEY TAKEAWAYS - A Comprehensive Guide on Non-Fungible Tokens (NFTs): Managing Potentials and Perils

Kilpatrick Townsend’s Rob Potter and Sarah Anderson recently participated in a panel of thought leaders to discuss the recent trends and significant challenges surrounding NFTs and the associated legal landscape, including…more

Blockchain, Copyright, Digital Assets, Intellectual Property Protection, Non-Fungible Tokens (NFTs)

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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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Federal Government Now Enjoined from Enforcing the Vaccine Mandate Against Federal Contractors and Subcontractors Nationwide

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop. It is another week, and there is another ruling on vaccine mandates. This week, the…more

Coronavirus/COVID-19, Federal Contractors, Health and Safety, Infectious Diseases, Vaccinations

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Artificial Intelligence - Congress, Federal Agencies, and the White House Solicit Information and Take Action

Congress, numerous federal agencies, and the White House are all working to address various aspects of artificial intelligence (AI) development, regulation, and use…more

Artificial Intelligence, FTC, Machine Learning, NIST, Popular

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Andy Warhol Foundation v. Goldsmith: A Sea Change or Muddy Waters?

In the first U.S. Supreme Court decision to consider the copyright fair use doctrine in the context of artistic works in almost three decades, the Court ruled that Andy Warhol Foundation’s licensing to Condé Nast of Warhol’s…more

Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel, Fair Use

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LEGAL ALERT: CFPB Issues Proposed Revisions to No-Action Letter Policy

The Consumer Financial Protection Bureau (CFPB or Bureau) has issued proposed revisions to its 2016 final policy on issuing No-Action Letters, along with a proposal to create a new Product Sandbox. Gary R. Bronstein, Eamonn K…more

Consumer Financial Protection Bureau (CFPB), Financial Services Industry, No-Action Letters

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Post Harvey – Homeowners Face Additional Hurdles in Pursuing Claims

Homeowners facing issues in the wake of Harvey and other Texas storms need to be aware of the recent Texas Supreme Court opinion in Knox v. Eagle Water Management, Inc., that rejected testimony by homeowners as to the cause of…more

Flooding, Homeowners, Hurricane Harvey, Natural Disasters, Property Damage

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DOL Issues Important Overtime Update for Commission-Based Retail and Service Industry Employees

On Monday, May 19, the Department of Labor (“DOL”) withdrew the non-exhaustive lists of establishments that were potentially eligible for or excluded from the retail or service establishment exemption to overtime under Section…more

Department of Labor (DOL), Exempt-Employees, FLSA, Non-Exempt Employees, Over-Time

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10 Key Takeaways - Negotiating Data-Related Issues in SaaS PaaS and IaaS Cloud Contracts

Kilpatrick Townsend attorneys Sonia Baldia and Jeff Connell recently presented at the “Association of Corporate Counsel Dallas-Fort Worth: 2023 Annual In-House Symposium” in Frisco, Texas. As businesses continue to accelerate…more

Cloud Computing, Cloud Service Providers (CSPs), Data Breach, Data Protection, Data Security

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5 Key Takeaways - International Tidbits: An Overview of Unitary Patents, Brand Protection in China, Import and Export Controls, and Compliance - Part 2

Kilpatrick Townsend recently held its annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar). Firm attorneys led a day of interactive discussions with clients on the latest developments in intellectual property law and…more

Due Diligence, EU, Intellectual Property Protection, Unified Patent Court, Unitary Patent

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Federal Reserve Announces Creation of New $600 Billion Main Street Lending Program to Facilitate Lending to Small and Medium-Sized Business

The Federal Reserve Board (Fed) released this morning the first details of its new Main Street Lending Program, which was authorized in the CARES Act. This was one of nine lending programs simultaneously announced by the Fed,…more

Borrowers, CARES Act, Coronavirus/COVID-19, EBITDA, Federal Reserve

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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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Monthly Minute | Due Diligence Considerations Related to COVID-19

Once a month, we cover an interesting topic with a short video. This month, Associate Sarah Beth Barnes discusses due diligence considerations related to COVID-19…more

Acquisitions, Contract Drafting, Contract Negotiations, Contract Termination, Contract Terms

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5 Key Takeaways | The Lawyer’s Obligations to Ethical Conduct and Professionalism in Negotiations and Mediations

Kathleen Barton, Brian Gaudet, and David Zacks recently participated in a panel at the annual Susan A. Cahoon Annual Ethics and Professionalism Seminar hosted by Kilpatrick Townsend. The panel discussed how a lawyer’s…more

Legal Ethics, Mediation, Negotiations

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KT Community - The Science of Helping

We can all use a little inspiration and connection these days, so recently, we began a new conversation series at Kilpatrick Townsend—KT Community Coffee Breaks. Each month, we’ll hear from a thoughtprovoking speaker on a social…more

Corporate Social Responsibility, Pro Bono, Sustainability

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The U.S. Supreme Court Takes on Consent by Registration

We previously wrote about how, under the Georgia Supreme Court’s decision in Cooper Tire & Rubber Co. v. McCall, 863 S.E.2d 81 (Ga. 2021), merely registering to do business with the Georgia Secretary of State confers general…more

Due Process, Federal Employers’ Liability Act (FELA), Foreign Corporations, Personal Jurisdiction, SCOTUS

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ChatGPT and E-Discovery: Match Made in Heaven or Rocky Roads Ahead?

Previously, I co-authored a two-part post on the advantages and disadvantages of using Technology Assisted Review (“TAR”) in E-Discovery document reviews. TAR helps attorneys during the review phase of E-Discovery by deploying…more

Algorithms, Artificial Intelligence, Discovery, Document Review, e-Discovery Professionals

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New Jersey Releases Proposed Fiduciary Rule for Broker-Dealers and Investment Advisers

On Monday, April 15, the New Jersey Bureau of Securities (“NJBS”) released its long-awaited proposed fiduciary rule (the “Proposed Rule”) for broker-dealers (“BDs”) and investment advisers (“IAs”).1 Key points from the Rule…more

Broker-Dealer, Fiduciary Duty, Fiduciary Rule, Investment Adviser, Proposed Rules

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FTC Updates its Endorsement Guides: How to Engage with Influencers in the Social Media Age

On the cusp of the July 4 holiday weekend, the Federal Trade Commission announced revisions to its Endorsement Guides, the first update since its 2009 predecessor. While the revised Endorsement Guides are not vastly different…more

Advertising, Endorsements, FTC, FTC Endorsement Guidelines, Influencers

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5 Key Takeaways from a Defense Verdict in a 15-Year MLB Stadium Case

Kilpatrick Townsend recently won a long and hard-fought battle resulting from the construction of a MLB stadium and wanted to share some practice pointers for how to prevail in a lengthy, nasty, and highly-complex construction…more

Construction Disputes, Construction Industry, Construction Project, Subcontractors

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3 Key Takeaways: The State of the North Carolina Judiciary: Pandemic & Beyond

Kilpatrick Townsend Partner Steve Berlin, who leads the firm’s Winston-Salem office and serves as Chair of the firm’s Environmental Team, recently moderated a high-profile panel of judges from the North Carolina Superior Court,…more

Coronavirus/COVID-19, Litigation Strategies, Remote Hearings, Remote Proceedings, Virtual Meetings

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Using Trademark Law to Fight Price Gouging - Beware the Exhaustion Doctrine

On April 10, 2020, 3M Company, a well-known manufacturer of scientific and medical products, became one of the first companies to file a lawsuit alleging trademark infringement, likely dilution, and false advertising arising…more

3M Company, Exhaustion Doctrine, Price Gouging, Trademark Infringement, Trademarks

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5 KEY TAKEAWAYS: Ethics in Patent Prosecution

Kilpatrick Townsend partners Gene Bernard and Karam J. Saab recently presented “Ethics in Patent Prosecution” at the firm’s three-day CLE & Ski Series, KT Intellectual Property Seminar (KTIPS), in Colorado. 5 key takeaways…more

Intellectual Property Protection, Patent Litigation, Patent Prosecution, Patents, USPTO

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7 KEY TAKEAWAYS: Having the Right Legal Tools in Your Market Uncertainty Toolbox: Being Prepared to Succeed Notwithstanding Trade Wars and Possible Downturns

With trade wars, relocations, internet sales, and economic forecasts constantly creating market uncertainty, successful businesses must prioritize contingency planning and preparedness. Recently, Kilpatrick Townsend Partners,…more

Retailers, Tariffs, Trade Relations, Trade Wars

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Challenging Design Patent Validity At The PTAB – Pick Your Shots Carefully

The well covered Apple v. Samsung litigation highlighted the power of design patents and the potentially large profit disgorgement damages available for them. Like utility patents, design patents can be challenged through…more

Design Patent, Patent Invalidity, Patent Litigation, Patent Trial and Appeal Board, Patent Validity

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This Servicing Counselor identifies issues a servicer considers when a borrower requests a release of part of the collateral that secures the borrower’s loan

Example 1. Borrower’s loan documents provide that borrower may obtain the release of noteholder’s lien on a portion of the collateral (Parcel C) if: (1) borrower pays a $1.5 million release price to pay down part of the loan’s…more

Borrowers, Collateral, Financial Services Industry, Lenders, Liens

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North Carolina General Assembly Update - September 2023 #5

KTS Strategies brings years of experience providing clients in a diverse range of industries with comprehensive policy and advocacy advice before federal, state, and local agencies. In North Carolina, we advise local…more

General Assembly, Governor Cooper, Governor Vetoes, Redistricting, State and Local Government

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Consider Estoppel Before Proceeding on Newly-Instituted Grounds Post-SAS

In SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018), the Supreme Court held that an IPR final written decision must address every challenged claim. The PTAB responded by issuing amended Institution Decisions, adding all…more

Estoppel, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Oklahoma Tribal Regalia Bill Represents Restorative Justice for Oklahoma Native Students

Oklahoma law will soon confer on Native American students the right to wear traditional regalia during graduation ceremonies. The tribal regalia bill, SB 429, vests students enrolled in a public school district or in an…more

Educational Institutions, Native American Issues, Students

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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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Patenting Your COVID-19 Transmission Prevention Innovation

As businesses across different industries get ready to reopen and get back to work in the midst of the Covid-19 pandemic, applying for patents may not be high on the reopening to-do list, but maybe it should be…more

Coronavirus/COVID-19, Intellectual Property Protection, Patent Applications, Patents

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Seventh Circuit: disputed issues of fact require a trial on the issue of whether an account user received notice of an agreement to arbitrate putative class claims against PayPal

Takeaway: We have written many articles about the implementation of arbitration agreements and class action waivers as mechanisms to reduce exposure to class action litigation. One of the most effective means of implementing…more

Arbitration, Arbitration Agreements, Arbitration Awards, Class Action, Class Action Arbitration Waivers

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4 Key Takeaways - Section 101 Update: Alice at Six

Six years ago, the Supreme Court’s Alice decision significantly changed the landscape for patent eligible subject matter. Kilpatrick Townsend’s Steve Borgman recently joined other expert panelists at the 25th Annual Advanced…more

CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents, Section 101

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Vendor Management from a U.S. Data Privacy Perspective

Given the increasing number of data privacy laws in the U.S., entering into appropriate data processing agreements (“DPAs”) with vendors has now become a critical component of vendor management. It can also be one of the most…more

Cybersecurity, Data Privacy, Data Processors, Data Protection, Data Security

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Senior DOJ Antitrust Official Announces Withdrawal of Information Exchange Guidelines

In a speech delivered on February 2, 2023, Principal Deputy Assistant Attorney General Doha Mekki of the Antitrust Division of the Department of Justice announced that the Antitrust Division would soon be withdrawing several…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), FTC

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COVID-19 Litigation Kicks off in North Carolina

And so it begins . . . one of the first coronavirus insurance coverage cases in N.C. was filed recently in Guilford County Superior Court. Not surprisingly, the plaintiffs are restaurants that were forced to close or curtail…more

Coronavirus/COVID-19, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions

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