Kilpatrick Townsend & Stockton LLP

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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
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Locations
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

Ninth Circuit Rules That Prior Salary Cannot Justify Gender Pay Differentials Under the Equal Pay Act

On April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled in Rizo v. Yovino that an employer cannot use an employee’s prior salary to justify a wage disparity between male and female employees under the federal…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, Hiring & Firing

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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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PE Fund Adviser Sanctioned by SEC for Fee Calculation Errors – Ordered to Disgorge Fees and Pay Fine, Totaling Nearly $1.2 Million

On October 22, 2020, the SEC entered an order against a private equity fund adviser (that is also an exempt reporting adviser) for failing to accurately discount management fees as described in a managed fund’s limited…more

Enforcement Actions, Limited Partnership Agreements, Private Equity, Private Equity Funds, SEC

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When Good Business Sense Doesn’t Make Good Legal Sense

In my role as a Senior E-Discovery Attorney, I often provide guidance to organizations in how to develop and implement policies governing data retention and disposition. When developing those policies, it is critical to consider…more

Data Preservation, Discovery, e-Discovery Professionals, Electronically Stored Information, FRCP 37(e)

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Recent Court Decision Carries Lessons for Retaining and Using Cybersecurity Consultants to Investigate a Breach

A recent federal district court decision underscores the importance of structuring breach investigations with the attorney work-product doctrine in mind. In In re Capital One Consumer Data Sec. Breach Litig., 2020 WL 3470261…more

Cybersecurity, Data Breach, Data Protection, Data Security, Popular

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5 KEY TAKEAWAYS: Recent Changes to Patent Law in Asia

Kilpatrick Townsend attorneys Hitoshi Akiba, Charles Gray, and Kris Reed recently presented to clients on the topic of “Recent Changes to Patent Law in Asia” at the annual Kilpatrick Townsend Intellectual Property Seminar…more

Asia, China, Design Patent, Intellectual Property Protection, Japan Patent Office

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NLRB Redefines Solicitation Broadening What May Be Considered Unprotected Activity

On May 29, 2020, the National Labor Relations Board issued a decision in Wynn Las Vegas, LLC, 369 NLRB No. 91 (2020) broadening the definition of “solicitation.” The Board overruled its prior decisions in Wal-Mart Stores, 340…more

Employer Liability Issues, NLRB, Solicitation, Unions

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Partial Waiver of District Court Invalidity Challenges not Sufficient to Prevent Denial of IPR Institution

The PTAB’s precedential Fintiv decision (Apple v. Fintiv, Inc, IPR2020-00019) held that the PTAB could deny institution of an IPR, even within the one year statutory bar, if (1) district court litigation has progressed…more

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

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What You Don’t Know Will Hurt You: Technology Competence in the Time of COVID-19

Last fall, I had the pleasure of speaking on a panel at Relativity Fest entitled “Why Lawyers SHOULD Be Luddites.” It was a lively discussion about whether lawyers should be luddites, whether robots would be taking attorney…more

Coronavirus/COVID-19, Discovery, e-Discovery Professionals, Electronically Stored Information, Young Lawyers

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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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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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KTIPS Takeaways - Trademark Prosecution & Case Law Updates

At the 2019 Atlanta Kilpatrick Townsend Intellectual Property Seminar (KTIPS), Ted Davis and co-presenter Maria Baratta discussed recent trademark prosecution and case law updates. Please see full article below for more…more

First Amendment, Lanham Act, Trademark Registration, Trademark Trial and Appeal Board, Trademarks

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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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New York Federal Court Strikes Down Key Provisions of DOL Joint-Employer Rule

On Tuesday, September 8, 2020, Judge Gregory Woods, a federal judge sitting in the Southern District of New York (“SDNY”), struck down, in a 62-page opinion, key provisions of the recently released Department of Labor (“DOL”)…more

Department of Labor (DOL), FLSA, Joint Employers, Minimum Wage, Over-Time

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SCOTUS Denies Cert on Seventh Circuit Refusal to Apply Bristol-Myers Personal Jurisdictional Ruling to Class Actions

Takeaway: We previously wrote that a number of district courts had split on whether to apply the Supreme Court’s personal jurisdictional ruling in Bristol-Myers to class actions. We then wrote an update that the Seventh…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Denial of Certiorari, Personal Jurisdiction, SCOTUS

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Navigating Social Media Retention and Collection During E-Discovery

Social media (“SoMe”) is so enmeshed in our daily lives it is difficult to imagine the time when we didn’t have it. Through our phones, computers and tablets, social media provides instant communication and connection, with…more

Best Practices, Data Collection, Data Retention, Discovery, Electronically Stored Information

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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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Supreme Court Clarifies and Narrows the Definition of an Autodialer under the TCPA

Over the past 20 years or so, if your marketing team has deployed or wanted to deploy text messaging to communicate with consumers, and you – as legal counsel – pushed back, you are probably familiar with the Telephone Consumer…more

ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, Random or Sequential Number Generator

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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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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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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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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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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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Second Circuit bypasses the “construe ambiguities in favor of arbitration” rule in reversing order compelling arbitration

Takeaway: Parties seeking to compel arbitration often rely on the rule announced by the U.S. Supreme Court in Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 24-25 (1983), providing that where an…more

Arbitration, Arbitration Agreements, Breach of Duty, ERISA, Fiduciary Duty

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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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Supreme Court Clarifies and Narrows the Definition of an Autodialer under the TCPA

Over the past 20 years or so, if your marketing team has deployed or wanted to deploy text messaging to communicate with consumers, and you – as legal counsel – pushed back, you are probably familiar with the Telephone Consumer…more

ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, Random or Sequential Number Generator

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Department of Justice Updates Merger Remedies Manual

On September 3, 2020, the Department of Justice (“DOJ”) released a revised Merger Remedies Manual reflecting the DOJ Antitrust Division’s current policy framework for implementing remedies in merger cases where the parties seek…more

Antitrust Division, Antitrust Provisions, Competition, Corporate Counsel, DOJ

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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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Monthly Minute | Holding Cryptocurrency: Best Practices for Your Company

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Michael Breslin discusses the best practices for companies holding cryptocurrency…more

Best Practices, Cryptocurrency, Digital Currency, Virtual Currency

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KTS Advertising Law Guides: Anatomy of a False Advertising Challenge

At some point in any lawyer’s career, it is likely that a client will come to them demanding action about a competitor’s false advertising. Whether the competitor is lying in an explicit comparison with your client’s product or…more

Advertising, False Advertising, Lanham Act, NAD

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New Class Action Trend: Website Session Replay Tools Alleged to Violate All-Party Consent Recording Requirements

“This call may be recorded for quality assurance or training purposes.” We have all heard the outgoing announcement while on hold. One benefit of this announcement is that this common courtesy is part of good customer service,…more

All-Party Consent, Audio Recording, Class Action, Websites

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SEC Provides Relief from Due Dates for Certain Securities Filings

On March 25, 2020, the SEC issued an order replacing its March 4, 2020 order granting exemptions for certain provisions of the Securities Exchange Act of 1934 (“Exchange Act”) in response to challenges posed by the coronavirus…more

Coronavirus/COVID-19, Disclosure Requirements, Filing Deadlines, Form 10-K, Form 10-Q

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Cutting Through the Fog: How to Navigate Federal, State, and Local Orders and Guidance to Determine Whether Your Business Must Cease In-Person Operations Due to COVID-19

In response to the COVID-19 coronavirus, several state and local governments have issued public health orders to limit the number of people infected. These orders establish restrictions on business operations and travel. These…more

Business Closures, Coronavirus/COVID-19, Corporate Counsel, Emergency Management Plans, Infectious Diseases

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USPTO Announces COVID-19 Provisional Application Pilot Program

The United States Patent and Trademark Office (USPTO) announced a new COVID-19 Provisional Application Pilot Program (PAPP) on Wednesday, September 16, 2020. The USPTO will defer the provisional application filing fees for up to…more

Coronavirus/COVID-19, Intellectual Property Protection, Provisional Applications, USPTO

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New CFTC Rules Taking Effect: Investment Advisers to Registered Investment Companies (RICs) Must Claim the Rule 4.5 CPO Exclusion During First 60 Days of 2021

On December 10, 2019, the Commodity and Futures Trading Commission (“CFTC”) published amendments to the rules governing Commodity Pool Operators (“CPOs”) and Commodity Trading Advisers (“CTAs”) (the “New Rules"). Among other…more

CFTC, Commodities Exchange Act, Commodity Pool, Commodity Trading Advisors (CTAs), Investment Adviser

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Executive Orders Demonstrate an Aggressive Environmental Agenda

President Biden’s January 27th round of executive orders serves as a window on his administration’s plan to use the broad umbrella of environmental policy to promote multiple administration initiatives. Not surprisingly, much…more

Biden Administration, Climate Change, Environmental Justice, Environmental Policies, Executive Orders

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Data Theft: Corporate America’s Key Assets at Risk

New study finds dramatic increases in threats and awareness of threats to knowledge assets — the confidential information that is most strategic to a company’s business — and remarkable strides by high-performing…more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach, Data Protection

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4 Key Takeaways - Trademark Modernization Act of 2020

Kilpatrick Townsend partner Ted Davis and senior counsel Chris Bussert recently presented an audio seminar for West/Thomson Reuters. The title of the seminar was The Trademark Modernization Act of 2020: What Practitioners Need…more

Intellectual Property Protection, Lanham Act, Trademark Application, Trademark Infringement, Trademark Modernization Act (TMA)

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Monthly Minute | Design Patents

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Richard Goldstucker and Counsel Megan Bussey discuss design patents…more

Design Patent, Filing Fees, Intellectual Property Protection, Patent Applications, Patent Infringement

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US Department of Labor Issues Updated Guidelines for Internship Programs Under the Fair Labor Standards Act

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division issued Fact Sheet #71, which sets forth new federal guidelines for determining whether an intern or student at a for-profit company must be paid under the…more

Department of Labor (DOL), Employer Liability Issues, FLSA, Internships, Minimum Wage

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No April Fools Here: April 1 Brings New Changes to Voluntarily Provided FFCRA Leave Allotments

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.  As we have written about extensively, the Families First Coronavirus Response Act…more

American Rescue Plan Act of 2021, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Corporate Counsel, EPSLA

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SEC Division of Examinations Releases 2021 Examination Priorities

Each year, the SEC’s Division of Examinations (f.k.a. OCIE) (the “Division”) releases its priorities for the upcoming year, providing SEC registrants with a helpful tool to assist in managing, reviewing, and updating their…more

Anti-Money Laundering, Broker-Dealer, Environmental Social & Governance (ESG), ETFs, Fiduciary Duty

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Court Order Nullifies Guidance Issued by the New York State Department of State Regarding the Collection of Brokerage Fees from a Tenant by a Landlords Agent

At the request of several brokerage advocacy groups, on February 4, 2020, the New York Department of State issued a memorandum entitled "Guidance for Real Estate Professionals Concerning the Statewide Housing Security and Tenant…more

Landlords, Real Estate Brokers, Tenant Protection Acts, Tenants

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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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Working From Home During Covid-19: Tips, Tricks and Best Practices

Covid-19 has forced a new way of life upon many of us. Working from home has become our new reality. Although this change has been sudden for many, there are ways to ensure you are productive and remain sane. In this blog, I…more

Best Practices, Coronavirus/COVID-19, Remote Working

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Layoffs, Furloughs, and Terminations: Practical Considerations for Employers in the Age of COVID-19

The spread of the novel coronavirus and the numerous shelter-in-place or stay-at-home orders issued across the country in response have presented unique and challenging issues for employers. Significantly, many businesses who…more

Best Practices, Coronavirus/COVID-19, Employer Liability Issues, Furloughs, Infectious Diseases

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7 Key Takeaways - Changes to Trademark Law Around the World in 2021

A global pandemic isn’t the only major event that has impacted the practice of trademark law over the last year. For large and small companies already reeling from workplace and business changes brought about by the crisis,…more

Intellectual Property Protection, Trademark Application, Trademark Registration, Trademarks

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6 KEY TAKEAWAYS - Ethics: Investigations Gone Wild

Many companies routinely use private investigators or other covert techniques to review possible infringements, including to obtain evidence of infringement and unfair competition by competitors, and to gauge the scope and…more

Ethics, Investigations, Unfair Competition

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5 Key Takeaways - The Rise of Artificial Intelligence in the Automotive Industry

Kilpatrick Townsend Partner Rich Christiansen recently presented on how Artificial Intelligence will reform the automotive industry and examined how different companies are preparing, or in some cases, not preparing, for this…more

Artificial Intelligence, Automotive Industry, European Patent Office, Patents, Popular

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California WARN Act

The coronavirus is having a substantial impact on the global economy and individual businesses. As affected employers look ahead, many are engaging in contingency planning. This includes looking at the potential need to lower…more

Coronavirus/COVID-19, Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs

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CARES Act Programs Available to Small Businesses

The CARES Act provides several programs to assist small businesses impacted by the COVID-19 pandemic, including favorable loan terms, significant temporary tax breaks, and employee retention credits. Below are key terms of the…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Payroll Taxes, Relief Measures

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DE Chancery Court Finds Material Adverse Effect Allowed Fresenius to Terminate Merger Agreement with Akorn

Summary: - A perfect storm of facts in Akorn, Inc. v. Fresenius Kabi AG et al. allowed the Delaware Chancery Court to conclude that Fresenius could properly terminate its obligations to acquire Akorn without liability,…more

Acquisitions, Contract Negotiations, Contract Termination, Material Adverse Effects, Merger Agreements

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Raising Cross-Border Debt - The Indian and US Experience: 3-Part Series: COVID-19’s Impact on US & Indian M&A Markets

India - Over the last decade, alternatives to traditional bank lending have emerged to service the debt requirements of Indian corporates. With Indian banks and non-bank companies facing stress (due to rising bad debt…more

Acquisitions, Cross-Border Transactions, Foreign Investment, India, Rule 144A

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CARES Act - Provisions Applicable to Tax-Qualified Retirement Plans

Emergency Withdrawals. Participants in defined contribution plans (profit sharing, 401(k), and 403(b) plans) could access their retirement savings now if plans are amended to allow coronavirus-related withdrawals…more

401k, 403(b) Plans, CARES Act, Coronavirus/COVID-19, ERISA

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Maintaining Brand Value During This Time of Crisis

Needless to say, the priority for all retail brand owners should be the safety and health of their workers. Beyond that immediate priority, the Retail & Consumer Goods Industry Team here at Kilaptrick Townsend thought we should…more

Brand, Coronavirus/COVID-19, Intellectual Property Protection, Patents, Trademarks

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Texas Supreme Court Authorizes Substituted Service Via Social Media

On August 21, 2020, the Texas Supreme Court announced an amendment to Texas Rule of Civil Procedure 106 that authorizes courts in Texas to order substituted electronic service of process via “social media, email, or other…more

Comment Period, Facebook, LinkedIn, Social Media, Twitter

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5 Key Takeaways - Building a Successful Patent Program

The Georgia IP Alliance recently held its “14th Annual Corporate IP Institute.” Kilpatrick Townsend’s Rob Curylo moderated a session addressing the topic of “Building a Successful Patent Program.” The expert panel consisting of…more

Intellectual Property Protection, Inventions, Inventors, Patents

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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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DOL Issues Non-Enforcement Policy for ESG and Proxy Voting Rules

As 2020 drew to a close, the Department of Labor (“DOL”) finalized a number of regulations relating to the fiduciary duties that apply to ERISA plan investments, including: (1) a final rule generally restricting fiduciaries from…more

Department of Labor (DOL), Environmental Social & Governance (ESG), ERISA, Fiduciary Duty, Proxy Voting Guidelines

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Practical Considerations for Manufacturers Pivoting to PPE Production to Combat COVID-19 Pandemic

The COVID-19 pandemic has presented virtually unprecedented health challenges to the United States and the world at large. But the pandemic also may present both civic and business opportunities. One of the most immediate and…more

Coronavirus/COVID-19, Manufacturers, Medical Devices, Personal Protective Equipment

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6 Key Takeaways - Annual Review of Key Trademark & Unfair Competition Opinions

At the recent Kilpatrick Townsend annual Trademark Seminar, Ted Davis discussed recent Supreme Court activity in cases bearing on trademark rights, including the Court’s opinions on the availability of accountings of defendants’…more

Lanham Act, Trademark Modernization Act (TMA), Trademark Trial and Appeal Board, Trademarks, Unfair Competition

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Sidebars | Kimberlynn Davis: Achieving Goals, Imperfectly

Kim Davis is a rising star in the patent bar. Kim earned a Ph.D. in organic chemistry from Emory University and her scientific training is instrumental in her practice, which focuses on prosecuting foreign and domestic patent…more

Career Development, Internships, Law Firm Partners, Mentors, Patent Litigation

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Monthly Minute | Protecting and Enforcing Your Trademarks

Once a month, we cover an interesting topic. This month, Partner Jenn Deal discusses protecting and enforcing your trademarks…more

Intellectual Property Protection, Trademark Infringement, Trademark Registration, Trademarks

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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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California Reinstates Supplemental COVID-19 Paid Sick Leave

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.  On March 19, 2021, California Governor Gavin Newsom signed SB 95, reinstituting the…more

Coronavirus/COVID-19, Governor Newsom, Paid Leave, Sick Leave, State Labor Laws

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Equivocation of Coined Term Held Indefinite: Practical Litigation Lessons for Patent Drafters

Patent drafters are rightfully weary of preparing a patent specification that will be construed as limiting years later during litigation. Therefore, drafters typically write in a non-limiting way, for example, liberally using…more

Intellectual Property Protection, Patent Applications, Patents, Popular, USPTO

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Federal Contracts and the Governing Provisions not always Provided for in the Contract

Contractors performing on federally funded projects should be aware of mandatory regulations governing the project. Under the Christian Doctrine, a court may insert a clause into a government contract by operation of law if that…more

Federal Contractors, Public Procurement Policies, The Christian Doctrine

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The SEC Adopts Amendments to the Shareholder Proposal Rule

On September 23, 2020, the Securities and Exchange Commission (SEC) adopted amendments to Exchange Act Rule 14a-8, also known as the “shareholder proposal rule.” The SEC press release announcing the adopted changes are available…more

Amended Rules, Corporate Governance, Proxy Statements, Rule 14a-8, SEC

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IP in China: The Value for US Companies, Protection and Enforcement, and How to Win the Battle

Kilpatrick Townsend’s Charles Gray and Sindy Ding-Voorhees recently participated in a high-profile panel with Whirlpool Corporation’s Pervin Taleyarkhan (Legal Counsel Patents) and Oxford Industries’ Mary Margaret Heaton…more

China, CNIPA, Copyright, Intellectual Property Litigation, Intellectual Property Protection

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Federal Circuit Finds Method of Preparation Claims Patent Eligible

On March 17, 2020, a divided Federal Circuit panel (“CAFC”) reversed a District Court decision and found that claims directed to a method of preparing a fraction of fetal cell-free DNA were patent eligible under 35 U.S.C. § 101…more

DNA, Genetic Materials, Patent-Eligible Subject Matter, Patents, Section 101

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SEC Provides Relief from Due Dates for Certain Securities Filings

On March 25, 2020, the SEC issued an order replacing its March 4, 2020 order granting exemptions for certain provisions of the Securities Exchange Act of 1934 (“Exchange Act”) in response to challenges posed by the coronavirus…more

Coronavirus/COVID-19, Disclosure Requirements, Filing Deadlines, Form 10-K, Form 10-Q

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2018 North Carolina Short Session Adjournment

The North Carolina General Assembly adjourned on June 29, with Governor Cooper signing 32 out of 45 final public bills passed by the General Assembly. Moving at an extremely accelerated pace, the six-week short session saw the…more

Agricultural Sector, Alcohol Beverage Control, Department of Transportation (DOT), General Assembly, Governor Cooper

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7 Key Takeaways - Tough Negotiations – Social Science and Practical Strategies for Being More Effective

An effective negotiation strategy is a must for every situation, but even more so as businesses experience the financial impacts and consequences of COVID-19. Difficult opponents, hard bargaining tactics, and communication…more

Contract Negotiations, Coronavirus/COVID-19, Negotiations

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Strategies for Cultivating Protectable Rights in, and Registering, Generic.com Marks After United States Patent and Trademark Office v. Booking.Com B.V.

On June 30, 2020, the U.S. Supreme Court affirmed the potential registrability in the U.S. Patent and Trademark Office (“PTO”) of a claimed trademark or service mark consisting of a generic word and a generic top-level domain…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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The Businesses Judgment Rule: Time for Conceptual Clarity

I wager that most readers of this post misunderstand the “business judgment rule” in some important regard, regardless of years of practice experience and whether you are a transactional or litigation corporate lawyer. It is not…more

Breach of Duty, Business Judgment Rule, Directors, Fiduciary Duty, Rebuttable Presumptions

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SEC Modernizes Filing Signature Requirements by Permitting Electronic Signatures

On March 29, 2020, we reported on the SEC’s COVID-19 relief from its manual signature requirements for SEC filings. In that blog entry, we observed that, entirely aside from the pandemic emergency, the requirement in Rule 302(b)…more

Coronavirus/COVID-19, E-Signatures, Electronic Filing, Regulation S-T, SEC

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Georgia Governor Signs Bill To Legislatively Overrule Court Decision Construing Lien and Bond Waivers to Waive All Rights - But Bill Is Not Effective Until 2021

On August 5, 2020, the Governor of Georgia signed Senate Bill 315 to legislatively overrule a September 2019 decision by the Georgia Court of Appeals on the effect of a lien claimant’s failure to withdraw a lien waiver using the…more

Construction Industry, Construction Project, Liens, State and Local Government

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3 TAKEAWAYS - 2020 Roundup: Key U.S. Sanctions Takeaways

Throughout 2020, the U.S. government continued to expand its trade-related sanctions programs and the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) published 16 sanctions enforcement actions. We…more

Economic Sanctions, Enforcement Actions, Iran Sanctions, ITSR, Office of Foreign Assets Control (OFAC)

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Department of Justice Updates Merger Remedies Manual

On September 3, 2020, the Department of Justice (“DOJ”) released a revised Merger Remedies Manual reflecting the DOJ Antitrust Division’s current policy framework for implementing remedies in merger cases where the parties seek…more

Antitrust Division, Antitrust Provisions, Competition, Corporate Counsel, DOJ

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No April Fools Here: April 1 Brings New Changes to Voluntarily Provided FFCRA Leave Allotments

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.  As we have written about extensively, the Families First Coronavirus Response Act…more

American Rescue Plan Act of 2021, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Corporate Counsel, EPSLA

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SEC Division of Examinations Releases 2021 Examination Priorities

Each year, the SEC’s Division of Examinations (f.k.a. OCIE) (the “Division”) releases its priorities for the upcoming year, providing SEC registrants with a helpful tool to assist in managing, reviewing, and updating their…more

Anti-Money Laundering, Broker-Dealer, Environmental Social & Governance (ESG), ETFs, Fiduciary Duty

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Data Breach Class Actions – Eleventh Circuit Finds Allegations of “Increased Risk” of Harm Insufficient to Confer Standing

Takeaway: In Tsao v. Captiva MVP Restaurant Partners, LLC, 986 F.3d 1332, 1339 (11th Cir. 2021), the Eleventh Circuit held that evidence of a “mere data breach” is not sufficient to establish standing where the hackers accessed…more

Article III, Class Action, Corporate Counsel, Cybersecurity, Data Breach

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Lucky Brand Dungarees v. Marcel Fashion Group – Commentary and Analysis on Oral Argument before the Supreme Court

On January 13 of this year, the U.S. Supreme Court heard oral arguments in a long-standing trademark infringement dispute between Lucky Brand Dungarees Inc. and Marcel Fashion Group Inc., two competing apparel companies…more

Oral Argument, SCOTUS, Trademark Infringement, Trademark Litigation, Trademarks

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Texas Supreme Court Authorizes Substituted Service Via Social Media

On August 21, 2020, the Texas Supreme Court announced an amendment to Texas Rule of Civil Procedure 106 that authorizes courts in Texas to order substituted electronic service of process via “social media, email, or other…more

Comment Period, Facebook, LinkedIn, Social Media, Twitter

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IRS Issues Guidance On Payroll Withholding Deferral

The IRS has issued Notice 2020-65, which implements President Trump’s August 8 memorandum calling for a deferral of withholding of the employee portion of payroll taxes attributable to certain wages. This deferral is elective…more

Coronavirus/COVID-19, Employer Liability Issues, IRS, Payroll Taxes, Tax Deferral

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4 TAKEAWAYS: Patent Quality, Ranking and Valuation

Kilpatrick Townsend attorneys Sujit Kotwal, Paul Haughey and Tom Franklin recently presented at the Kilpatrick Townsend Intellectual Property Seminars (KTIPS) on “Patent Quality, Ranking and Valuation.” KTIPS is an intensive,…more

FRAND, Intellectual Property Protection, IP License, Patents

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BREAKING: Department of Labor Ends Pursuit of Pre-Litigation Liquidated Damages

In a Field Assistance Bulletin released on Wednesday, June 24, 2020, the U.S. Department of Labor Wage and Hour Division announced that it would no longer pursue pre-litigation liquidated damages in enforcement actions against…more

Department of Labor (DOL), Employment Litigation, FLSA, Liquidated Damages, Wage and Hour

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Equivocation of Coined Term Held Indefinite: Practical Litigation Lessons for Patent Drafters

Patent drafters are rightfully weary of preparing a patent specification that will be construed as limiting years later during litigation. Therefore, drafters typically write in a non-limiting way, for example, liberally using…more

Intellectual Property Protection, Patent Applications, Patents, Popular, USPTO

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[Event] North Carolina Legislative Update CLE - February 27th, Cary, NC

Join Kilpatrick Townsend Government Relations Advisors Ches McDowell and Nelson Freeman for a North Carolina Legislative Update. Ches and Nelson will discuss some of the public bills passed by the General Assembly in the 2019…more

Business Taxes, Continuing Legal Education, Corporate Taxes, Events, Failed Legislation

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Legislative Update: The PASTEUR ACT – Incentivizing Discovery and Development of Novel Antimicrobial Drugs

With everything that was happening this past winter, it would have been easy to miss the introduction of S. 4760: The PASTEUR Act. On December 9, U.S. Representatives Mike Doyle (D-PA) and Drew Ferguson (R-GA) introduced the…more

Antimicrobials, CDC, Investigational New Drug Application (IND), Life Sciences, Pharmaceutical Industry

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Does the COVID-19 Pandemic Qualify as a Force Majeure Event Under Contracts Governed by Texas Law?

Given the recent COVID-19 pandemic and corresponding restrictions to reduce its spread, it is likely that force majeure clauses will play a large role in contract disputes over the coming years. This article is meant to provide…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Court Order Nullifies Guidance Issued by the New York State Department of State Regarding the Collection of Brokerage Fees from a Tenant by a Landlords Agent

At the request of several brokerage advocacy groups, on February 4, 2020, the New York Department of State issued a memorandum entitled "Guidance for Real Estate Professionals Concerning the Statewide Housing Security and Tenant…more

Landlords, Real Estate Brokers, Tenant Protection Acts, Tenants

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KT Client Success - Big Win in Water Rights Fight

The Kilpatrick Townsend Native American Team achieved a significant victory for longtime firm client the Ak Chin Indian Community (Community), resulting in a judgment protecting Ak-Chin’s federal water rights. After…more

Tribal Lands, Water, Water Rights, Water Supplies

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Electronic Signatures and Electronic Delivery of Documents as a Social Distancing Business Continuity Strategy

Although U.S. law has broadly enabled the use of electronic signatures since 2000, many companies have not fully adopted the use of electronic signatures across their operations. That resistance to the use of electronic…more

Coronavirus/COVID-19, E-SIGN, E-Signatures, Infectious Diseases, UETA

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High Speed in the FinTech Patenting Race

Jason Gardner discusses Singapore's FinTech Fast Track and some of the similar opportunities available to entities filing patent applications in the US. Visit the Kilpatrick Townsend FinTech blog at bit.ly/KT_FinTech for more…more

FinTech, Patents, Popular, Singapore

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[Webinar] 2018 Patent Cases Relevant to the Retail and Consumer Goods (RCG) Industry - February 26th, 12:00pm ET

Kilpatrick Townsend Partner Steve Gardner and Counsel Allison Dobson will discuss important patent cases of 2018 that impact the retail and consumer goods industry, including ideas on what in-house counsel can do to manage the…more

Continuing Legal Education, Patent Litigation, Patents, Retailers, Webinars

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Motions to strike class allegations: Ninth Circuit vacates order striking class allegations, ruling class discovery must go forward

Takeaway: In a prior post, we reported on a Central District of California decision granting an early motion to strike class allegations. Don’t miss the chance to strike out class actions (Feb. 27, 2019). But on appeal, the…more

Class Action, Class Certification, Commonality, Discovery, FRCP 23

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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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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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Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution

An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases. Originally published as a part of the…more

Arbitration, Construction Litigation, Dispute Resolution, Mediation, Settlement Negotiations

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7 Key Takeaways: Doing Well by "Doing Good" - A Look at Brands and Corporate and Social Responsibility

On March 20, 2019, Kilpatrick Townsend was honored to present and host the ACC Intellectual Property Network webcast entitled: Doing Well by “Doing Good” - A Look at Brands and Corporate and Social Responsibility. Marc…more

Corporate Social Responsibility, Manufacturers, Proposition 65, Retailers, Right To Know

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Takeaways: Requiring Human Inventorship - Opportunities to Advise Whether to Prohibit, Permit, or Require Listing an AI Algorithm as an Inventor - Eastern District of Virginia & European Patent Office

Dr. Stephen Thaler created an AI algorithm (named DABUS) that includes multiple neural networks trained in different linguistic subspaces that connect dynamically in a manner based on controlled chaos. DABUS also includes a…more

Artificial Intelligence, Intellectual Property Protection, Inventors, Patent Applications, Patents

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5 Key Takeaways | Patent Monetization: Options in Patent Sales

Kilpatrick Townsend’s Jeff Gendzwill recently gave a presentation on the topic of “Patent Monetization: Options in Patent Sales.” Patents rights and protections are an important part of any company’s IP portfolio. But even after…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Technology-Specific Patent Filing Trends During the Pandemic

This content was originally published by IPWatchdog on Nov. 1, 2020. “The initial impact of the COVID-19 pandemic on patent filings varied dramatically across industries. While filings in the computer areas were generally…more

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

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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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4 Key Takeaways: Multijurisdictional Litigation Strategy for Brand Owners

Brand owners are often faced with the need to litigate over trademark rights against the same opposing party in more than one jurisdiction. Kilpatrick Townsend Trademark Partners Gregory Gilchrist and Charles Hooker recently…more

Multi-Jurisdictional Litigation, Trademark Infringement, Trademark Litigation, Trademarks, UDRP

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