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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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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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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Fallout from the Fintiv Precedential Decision

On May 5th, the Board designated an order regarding discretionary denial precedential. Apple v. Fintiv, Inc, IPR2020-00019, Paper 11 (P.T.A.B. Mar. 20, 2020) (precedential). In the two months since that designation, more than…more

America Invents Act, Apple, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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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

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

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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Discrimination Against Gay and Transgender Employees Unlawful Under Title VII

In a landmark decision authored by Justice Neil Gorsuch and released today, June 15, 2020, the Supreme Court of the United States held that “an employer who fires an individual merely for being gay or transgender violates Title…more

Altitude Express Inc v Zarda, Bostock v Clayton County Georgia, Civil Rights Act, EEOC v RG & GR Harris Funeral Homes, Employer Liability Issues

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Georgia Contract Defenses to Consider as a Result of the COVID-19 Pandemic

We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we have analyzed force majeure clauses under Georgia, Delaware, Texas, North Carolina, and New…more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards

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My My, What Big Claws You Have! Navigating the Pitfalls of Drafting Clawback Agreements

One of the greatest fears in any litigation matter is that you will somehow accidentally produce work product or attorney-client privileged documents to the opposing side and waive the privilege. As a result, it has become…more

Attorney-Client Privilege, Discovery, Document Productions, e-Discovery Professionals, 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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COVID-19: Digital Advertising Turnaround!

The digital advertising industry has been under attack through the GDPR and the CCPA for years now. The usual, ineffectual counters to these attacks from industry proponents trying to demonstrate the value of digital…more

Advertising, California Consumer Privacy Act (CCPA), Coronavirus/COVID-19, General Data Protection Regulation (GDPR), Infectious Diseases

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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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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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RICO class actions: District of New Jersey dismisses with prejudice federal RICO claims asserted by indirect purchasers

Takeaway: Class actions brought under federal RICO present significant risk, because they present the opportunity for certification of a nationwide class under a federal statute and the remedies provided under federal RICO –…more

Class Action, Dismissal With Prejudice, RICO, The Clayton Act

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Department of Justice Releases Guidance for Human Resources Professionals

On October 20, 2016, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) published a joint guidance for HR professionals to alert them to potential antitrust violations. Importantly, in addition to describing…more

Antitrust Violations, DOJ, FTC, Hiring & Firing, Human Resources Professionals

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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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U.S. Department of Defense Awards Contract to Secure Sensitive Data With Blockchain

Partner Michael Breslin discusses the U.S. Department of Defense (DOD) contract that Indiana-based SIMBA Chain received to architect a blockchain proof of concept for securing sensitive research and development (R&D) data…more

Blockchain, Data Security, Data-Sharing, Department of Defense (DOD), Federal Contractors

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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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Lower Your Privacy Shield But Max Out Your Opinions for Maintaining Transatlantic Data Flow

Any organization that relies on certification under the EU-U.S. Privacy Shield framework and/or entering into the Standard Contractual Clauses (“SCCs” or “Model Clauses”) to effectuate personal data transfers from the European…more

CJEU, Corporate Counsel, Cybersecurity, Data Processors, Data Protection

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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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U.S. Patent and Trademark Office Again Extends Certain Deadlines to September 29, But Still Only For Some.

Section 12004 of the CARES Act allows the director of the United States Patent & Trademark Office (USPTO) (under certain conditions) to provide temporary relief from certain USPTO filing deadlines and fees…more

CARES Act, Coronavirus/COVID-19, Filing Deadlines, Patents, Relief Measures

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Adjusting for Inflation The SEC Proposes Raising the Form 13F Reporting Threshold from 100

On July 10th, the SEC proposed amendments to Exchange Act Rule 13f-1 that would raise the Form 13F reporting threshold from $100 million to $3.5 billion. If effected, this would be the first change to the reporting threshold…more

Form 13F, Investment Adviser, Reporting Requirements, SEC

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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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More Thoughts on COVID-19: Franchising for the Long Game

The COVID-19 crisis is presenting an unprecedented challenge for the franchise community. The local franchisee is where customer service is delivered and brand loyalty cultivated. Franchisees are facing different rules of…more

Best Practices, Coronavirus/COVID-19, Franchises, Franchisors, Infectious Diseases

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Broadest Reasonable Interpretation Guidance During Prosecution

Even though the USPTO has been using the broadest reasonable interpretation (BRI) for over 100 years, guidance by the Federal Circuit is still needed. Recently, Federal Circuit found the application of the BRI by the Patent…more

Broadest Reasonable Interpretation Standard, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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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

DOL, Employer Liability Issues, FLSA, Internships, Minimum Wage

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Employer Leave Liability in the COVID-19 Era

In the wake of COVID-19, employers still find themselves navigating uncharted waters regarding employee leave requests and employer leave responsibilities under various state and federal requirements. Specifically, employee…more

ADA, Coronavirus/COVID-19, Employer Liability Issues, Families First Coronavirus Response Act (FFCRA), Paid Leave

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Preparation for Reopening Guidance for the Real Estate Professional

The COVID-19 pandemic has resulted in shuttered retail spaces and virtually empty office buildings as most employees worked remotely for a substantial period of time. In addition, a slew of new safety regulations are being…more

Coronavirus/COVID-19, Re-Opening Guidelines, Real Estate Market

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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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IRS Relaxes Some Requirements for Midyear Changes to Safe Harbor Plans

Qualified 401(k) and 403(b) retirement plans that are designed with certain minimum matching or nonelective contribution formulas are deemed to pass annual ADP and ACP nondiscrimination testing requirements applicable to those…more

401k, 403(b) Plans, Employee Benefits, Highly Compensated Employees, IRS

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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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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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3 Key Takeaways - In-house Ethical Conundrums

Kilpatrick Townsend Partner Rich Christiansen recently presented on ethical issues facing in-house practitioners. Key takeaways from the presentation include... Please see full article below for more information…more

Corporate Counsel, Ethics, Rules of Professional Conduct

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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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Main Street Lending Program Update: Lenders Accepting Applications

The Boston Federal Reserve Board (Fed) announced that the Main Street Lending Program (MSLP) is fully operational. Approved lenders across the country are now accepting MSLP applications for loans ranging from $250,000 to $300…more

Borrowers, Coronavirus/COVID-19, Federal Reserve, Loans, Main Street Expanded Loan Facility

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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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5 KEY TAKEAWAYS: Strategies for Addressing Section 101 Eligibility Issues at the USPTO

Kilpatrick Townsend’s Rob Curylo recently participated in a panel discussing strategies for addressing patent-eligibility issues in business-oriented technologies. Kilpatrick Townsend hosted the event in partnership with the…more

Patent-Eligible Subject Matter, Patents, Section 101, USPTO

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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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IRS Releases Detailed Guidance on CARES Withdrawal and Loan Relief

On June 19, 2020, the Internal Revenue Service (“IRS”) released guidance (Notice 2020-50) clarifying many aspects of the retirement plan withdrawal and loan relief provisions of the Coronavirus Aid, Relief, and Economic Security…more

CARES Act, Employee Benefits, IRA, IRS, Popular

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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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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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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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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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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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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 Proposes to Simplify Certain Financial Disclosures and Issues Guidance on Performance

On January 30, 2020, the Securities and Exchange Commission (SEC) proposed amendments to Regulation S-K that would eliminate Item 301 (Selected Financial Data) and Item 302 (Supplementary Financial Information), because these…more

Comment Period, Corporate Counsel, Disclosure Requirements, Financial Reporting, Proposed Amendments

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8 Key Takeaways - Trademark Enforcement in China: Power of Precedent

Kilpatrick Townsend partner Christopher Woods, who leads the firm’s Beijing office, and associate Sindy DingVoorhees recently joined Lisa Chin, Facebook, Inc., Lead Counsel, Brands and Marketing Legal; and Collette Parris,…more

China, CNIPA, Intellectual Property Protection, Trademarks

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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 Provides COVID-19 Relief for Filing Signature Rules—But Why Not Modernize the Requirement for Original Manual Signatures?

The Current Rule on Manual Signatures - SEC filings are almost universally made electronically on the SEC’s EDGAR system, with required signatures represented with “/s/” before the typed name of the signatory, i.e. “/s/John…more

Coronavirus/COVID-19, E-SIGN, E-Signatures, SEC

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The Dos and Don’ts of REO: Prohibitions on Trade or Business and New Construction

Background: A REMIC that forecloses on real property might appear to have an advantage over other real estate owners when operating, leasing, and ultimately disposing of that property (referred to as “REO property” once acquired…more

Borrowers, Creditors, Foreclosure, REMIC, Tenants

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4 Key Takeaways - Office of Foreign Assets Control (OFAC) Sanctions Enforcement to Date in 2020

Through May of 2020, OFAC has published four settlements of apparent sanctions violations and one finding of violation. OFAC’s enforcement actions highlight four important and ongoing concerns related to the importance of U.S…more

Cuban Assets Control Regulations (CACR), Economic Sanctions, OFAC, Sanction Violations

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Department of Justice Releases Guidance for Human Resources Professionals

On October 20, 2016, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) published a joint guidance for HR professionals to alert them to potential antitrust violations. Importantly, in addition to describing…more

Antitrust Violations, DOJ, FTC, Hiring & Firing, Human Resources Professionals

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COVID-19: Chart of State Immunity Statutes

With uncertainty surrounding efforts in the Senate to enact broad COVID-19-related immunity for all schools, colleges, charities and businesses in the Phase 4 Coronavirus relief act, the “HEALS Act,” organizations still need to…more

Coronavirus/COVID-19, Health Care Providers, Immunity, Manufacturers, State and Local Government

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OCIEs Focus on Private Fund Advisers Continues in Recent Risk Alert

While the financial industry was busy enjoying family vacations and a relaxing break for the July 4th holiday, the SEC stayed busy releasing new guidance for industry participants. For example, OCIE recently released a risk…more

Investment Adviser, OCIE, Private Funds, Registered Investment Advisors, SEC

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TCPA Class Actions - Supreme Court Severs Government Debt Collection Exception

Takeaway: In Barr v. American Association of Political Consultants, Inc, No. 19-631, 2020 WL 3633780 (U.S. July 6, 2020), the Supreme Court invalidated the exception for calls made for the purpose of collecting government debt…more

ATDS, Auto-Dialed Calls, Barr v American Association of Political Consultants Inc, Cell Phones, Compelling Governmental Interest

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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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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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CARES Act - Business Tax Breaks in Coronavirus Aid, Relief and Economic Security (CARE) Act

The CARE Act passed by the Senate on March 25, 2020 provides several significant temporary tax breaks to business taxpayers…more

CARES Act, Coronavirus/COVID-19, Net Operating Losses, Relief Measures

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Blockchain and Smart Contracts May Solve the Unsolvable Problem in Construction

Every construction project, from contract negotiation through the payment of the final pay application, suffers from the same conundrum born out of every parties' desire for certainty and finality. That problem is the issue of…more

Blockchain, Construction Industry, Construction Project, Contractors, Smart Contracts

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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

DOL, Employment Litigation, FLSA, Liquidated Damages, Wage and Hour

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New Pilot Program: Motion-to-Amend Practice in PTAB Proceedings Gives Patent Owners New Options

The US Patent and Trademark Office (USPTO) implemented a new pilot program on March 15, 2019 concerning motion-to-amend practice in America Invents Act (AIA) trials, including post-grant review (PGR), inter partes review (IPR),…more

America Invents Act, Federal Pilot Programs, Inter Partes Review (IPR) Proceeding, Motion to Amend, Patent Litigation

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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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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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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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Second Circuit rejects personal jurisdiction over claims by out-of-state class plaintiffs and again quashes claim of “reasonable consumer” deception

The issue of personal jurisdiction in class action litigation continues to be addressed by the federal appellate courts. We recently published an article about the Seventh Circuit’s decision in Mussat v. IQVIA, No. 19-1204,…more

Class Action, Class Certification, Dunkin' Donuts, Personal Jurisdiction

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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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10 Key Takeaways - Leading Through a Crisis: Contractual Implications

On May 8, Kilpatrick Townsend’s Brian Gaudet an attorney on the firm’s Construction & Infrastructure Team, participated in the panel discussion “Leading Through a Crisis: Contractual Implications I Covid-19 Pandemic.” The…more

Construction Contracts, Construction Project, Coronavirus/COVID-19, Lenders

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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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5 Practice Tips - Evaluating Patentability of AI Inventions

Kilpatrick Townsend’s Kate Gaudry and Rodney Rothwell recently participated in the Association of Corporate Counsel’s National Capital Region’s Summer Series: “Protecting Artificial Intelligence (AI) Innovations – Unique…more

Artificial Intelligence, Computer-Related Inventions, Intellectual Property Protection, Inventions, Inventors

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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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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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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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Patent Eligibility in Flux: Tracking the Tillis-Coons Bill

From inventors and trade groups to legal scholars and judges, many have expressed frustrations with the current state of patent eligibility in the United States. In particular, the lack of clarity in assessing patent eligibility…more

Abstract Ideas, CLS Bank v Alice Corp, Intellectual Property Protection, Mayo v. Prometheus, Patent-Eligible Subject Matter

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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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Googles Use of Oracles APIs

On March 27, 2018, the Federal Circuit handed down its long awaited decision on whether Google’s use of 37 Java application programming interface packages (“APIs”) in Google’s Android mobile operating system was protected under…more

APIs, Copyright, Copyright Infringement, Google, Java

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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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Monthly Minute | Financial Relief for COVID-19

Once a month, we cover an interesting topic. This month, Senior Associate Richard Goldstucker and Summer Associate Bennett Gillogly discuss COVID-19 financial relief and the Main Street Lending Program…more

Coronavirus/COVID-19, Debt Relief, Economic Injury Disaster Loans, Families First Coronavirus Response Act (FFCRA), Federal Loans

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CARES Act - Look Here First for Financing: Coronavirus Aid, Relief and Economic Security (CARES) Act

Relief for Small Businesses - The federal CARES Act, if enacted in its current form, would contain several provisions which are intended to provide assistance and resources for small businesses impacted by the current crisis,…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Relief Measures

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5 Key Takeaways - Missed a Patent Deadline at The Chinese Patent Office (CNIPA) Because of the COVID-19 Outbreak? Here Is What You Can Do

In light of the recent coronavirus (COVID-19) outbreak, Charles Gray, a partner in Kilpatrick Townsend’s Shanghai office, offers helpful steps for those who missed a patent deadline due to the virus. Please see full article…more

CNIPA, Coronavirus/COVID-19, Foreign Patent Applications, Intellectual Property Protection, Patent Applications

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6 Key Takeaways - North Carolina Business Court: Overview and Analysis of the 2018-2019 Term

Kilpatrick Townsend attorneys Dustin Greene, Whitney Pakalka, and Beth Winters recently presented a CLE luncheon seminar on “North Carolina Business Court: Overview and Analysis of the 2018-2019 Term.” The CLE took an in-depth…more

Business Court, Choice-of-Law, Judges, Jurisdiction

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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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Impact of the COVID-19 Pandemic on Impossibility, Impracticability, and Frustration of Purpose Contract Defenses under North Carolina Law

We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we recently analyzed force majeure clauses under California, Colorado, Delaware, Florida, Georgia,…more

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

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Impact of the COVID-19 Pandemic on Impossibility, Impracticability, and Frustration of Purpose Contract Defenses under North Carolina Law

We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we recently analyzed force majeure clauses under California, Colorado, Delaware, Florida, Georgia,…more

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

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Tribes’ Mobilization On Climate Change Gathers Steam

Indian Tribes in the United States have long been leaders in environmental protection and since the U.S. pulled out of the Paris Climate Agreement in June 2017, they have stepped up efforts at the local, state, national and…more

Climate Change, Environmental Assessments, Indigenous Peoples, Native American Issues, Tribal Lands

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Shifting Costs for Responding to Subpoenas Under FRCP 45

Subpoenas provide a necessary discovery tool for parties to obtain relevant and many times critical information for litigation, but they often burden uninvolved third parties with the hassle and distraction of investigating the…more

Discovery, Document Productions, FRCP 45, Subpoenas, Third-Party

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A Practical Guide to Settling Class Action Cases on Appeal

This post provides practical guidance concerning the necessary procedures for maintaining a defendant’s appeal while seeking approval of a class settlement reached during the pendency of the appeal. There are commonly two…more

Appeals, Class Action, Class Certification, Corporate Counsel, FRCP 23(f)

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Patent Freedom to Operate for Technology Follower Companies

Often a technology follower company is trying to make a similar product to one in the market, but may not have the budget for a full Freedom to Operate review. However, potential IP litigation risk could be significant to the…more

Competition, Intellectual Property Protection, Patents

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Years After Alice: Eligibility-Rejections Outflow from a Different Part of the USPTO

A concise set of statutes dictate the characteristics that a patent application must have to be allowed to grant as a patent. Patent examiners are tasked with reviewing individual applications to determine whether these…more

Abstract Ideas, CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents

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North Carolina Extends Limited, Civil Immunity to Any Individual or Entity and Extends Immunity for Six Months After the COVID-19 Emergency Ends

We previously wrote about limited, civil immunity created by North Carolina’s May 4, 2020 COVID-19 Recovery Act (Session Law 2020-3) for three types of businesses: (1) health care facilities and providers, (2) essential…more

Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Immunity, Operators of Essential Services

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The New York AG Estimates Rule Proposals Would Impact up to 14000 IARs 5500 Issuers

On April 15, 2020, the Investor Protection Bureau of the New York Department of Law (a division of the attorney general’s office) (the “Bureau”) published proposed amendments to regulations governing state-registered investment…more

Filing Requirements, FINRA, Investment Adviser, Recordkeeping Requirements, State Attorney Generals

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KT Client Success - Anti-Counterfeiting Success at Super Bowl LIII

The Kilpatrick Townsend trademark team represented the NFL, the Patriots, and the Rams in connection with their anti-counterfeiting efforts in advance of Super Bowl LIII in Atlanta. Work on the project began around Thanksgiving…more

Counterfeiting, Super Bowl, Trademark Registration, Trademarks

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5 Key Takeaways: Three Years After Octane Fitness – Patent Litigation Fee Fights

Kilpatrick Townsend’s Clay Holloway, a partner in the firm’s Atlanta office, recently participated in a webinar as part of a panel to discuss the issue of attorney fees three years after the U.S. Supreme Court decision in Octane…more

Attorney's Fees, Corporate Counsel, Octane Fitness v. ICON, Patent Infringement, Patent Litigation

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Virginia Enacts the First Comprehensive COVID-19 Workplace Safety Standards

On July 15, 2020, the Virginia Safety and Health Codes Board adopted §16VA25-220, an emergency temporary standard for preventing COVID-19 infections. The emergency standard is “designed to establish requirements for employers to…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Infectious Diseases, Personal Protective Equipment

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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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4 Key Takeaways: Cleantech Patenting Trends

Kilpatrick Townsend & Stockton and GreyB Services recently released their findings from The First Annual Kilpatrick Townsend & GreyB Services Patenting Trends Study. The Study provides clear and actionable information that…more

Bioenergy, Clean Energy, Intellectual Property Protection, Patent Applications, Patents

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KT Client Success: U.S. Supreme Court Victory

UPDATE: After the Texas Supreme Court handed down an 8-0 ruling in favor of our client Cash Biz (SEE BELOW), petitioners filed a petition with the United States Supreme Court. A petition for a writ of certiorari was filed on May…more

Arbitration, Borrowers, Federal Arbitration Act, First Impression

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New Labeling Requirements and Production Standards Apply to All Alcoholic Beverages Imported, Manufactured, and Sold in Mexico

Executive Summary - In response to the growing issue of alcohol abuse in Mexico and the related health problems associated with alcohol abuse, the Mexican government implemented revised labeling requirements and production…more

Imports, Labeling, Manufacturers, Mexico, Wine & Alcohol

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5 Top Takeaways: When Is an Opinion of Counsel Required in the New, Post-Halo Environment?

Kilpatrick Townsend Partner James Isbester recently addressed the Intellectual Property Section of the Contra Costa County Bar Association at a CLE event held at the firm’s Walnut Creek office. The presentation, “When Is an…more

Halo v Pulse, Patent Infringement, Patent Litigation, Patents, Willful Infringement

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OCIEs Focus on Private Fund Advisers Continues in Recent Risk Alert

While the financial industry was busy enjoying family vacations and a relaxing break for the July 4th holiday, the SEC stayed busy releasing new guidance for industry participants. For example, OCIE recently released a risk…more

Investment Adviser, OCIE, Private Funds, Registered Investment Advisors, SEC

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Third Party Discovery Subpoenas in Arbitration: The Growing Circuit Court Split

One of the potential advantages of arbitration is that it could be less time consuming and less expensive than traditional litigation. And one of the primary drivers of those time and cost savings is the scope of discovery,…more

Arbitration, Discovery, Federal Arbitration Act, Subpoenas

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6 Key Takeaways - The New Statewide Georgia Business Court

Kilpatrick Townsend recently hosted a presentation about the new statewide Georgia Business Court (“GBC”) that will begin accepting new cases later this summer. Below are 6 key takeaways from the presentation... Please…more

Business Court, Business Disputes, Dispute Resolution

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5 Key Takeaways - Managing Inventorship Issues Arising From Inter-Entity Collaborations

Kilpatrick Townsend Partners Patrick Jewik and Ken Weber recently presented “Managing Inventorship Issues Arising From Inter-Entity Collaborations” at the 2019 KTIPS CLE in Palo Alto. This presentation focused on informal…more

Intellectual Property Protection, Inventions, Inventors, Patents

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Federal Rules - Who You can Bring to Deposition

One consideration during discovery is whether to request that other witnesses, besides the witness who is being deposed, be sequestered from that deposition. This is a particularly relevant consideration in construction…more

Construction Industry, Depositions, Discovery, Federal Rules of Evidence, Witness

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GDPR Issues with Indie Video Game Developers, Streaming Platforms, and associated Hardware Accessories

As the EU General Data Protection Regulation (GDPR) was enacted on May 25, 2018, many organizations such as Amazon, Facebook, Google, and Microsoft were quick to provide updated privacy policies to customers and users in the…more

Cybersecurity, Data Processors, Data Protection, EU, EU Data Protection Laws

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Fifth Circuit Rules Texas Anti-SLAPP Laws Do Not Apply In Federal Court

On August 23, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion resolving “an issue that has brewed for several years in this circuit” regarding the intersection of Texas free speech protections and federal…more

Anti-SLAPP, Defamation, First Amendment, Free Speech, Motion to Dismiss

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Preparation for Reopening Guidance for the Real Estate Professional

The COVID-19 pandemic has resulted in shuttered retail spaces and virtually empty office buildings as most employees worked remotely for a substantial period of time. In addition, a slew of new safety regulations are being…more

Coronavirus/COVID-19, Re-Opening Guidelines, Real Estate Market

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PPP Update Forgiveness Gets More Flexibility and Clarity as Congress Passes Paycheck Protection Program Flexibility Act of 2020 on the Heels of Recent SBA Guidance

On Friday, June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 was signed into law by President Trump, after being approved by both the U.S. Senate and U.S. House of Representatives. The new legislation amends…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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5 Key Takeaways - PTAB Trials Insights and Strategies-Leveraging Recent Development at the PTAB

Kilpatrick Townsend partners John Alemanni, Tina McKeon, and Wab Kadaba recently presented to clients on the topic of “PTAB Trials Insights & Strategies – Leveraging Recent Developments at the PTAB” at the annual Kilpatrick…more

America Invents Act, Derivation Proceeding, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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4 KEY TAKEAWAYS: Trade Secret Licensing: Let’s make a DEAL

Kilpatrick Townsend Partner, Nicki Kennedy, provided tips on trade secret protection for licensors and licensees in a recent presentation. Ms. Kennedy outlined how making the decision to license trade secrets is often difficult…more

Intellectual Property Protection, IP License, Non-Disclosure Agreement, Trade Secrets

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