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

OSHA Updates COVID-19 Guidance for Fully Vaccinated Workers

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

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

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Updated: President Trump Turns to the U.S. Trade Representative for China IP Investigation

From the earliest days of his campaign, President Trump has spoken out on alleged intellectual property misconduct by China. He is now turning to the U.S. Trade Representative for a formal investigation of China in this regard…more

China, Intellectual Property Protection, Section 301, Trade Act of 1974, Trump Administration

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New York Uniform Voidable Transactions Act

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

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

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SEC Proposes Significant Regulatory Overhaul for Private Fund Advisers

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

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

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Court Orders Spoliation Sanctions Requiring Defendants and Former Defense Counsel To Pay Attorneys’ Fees and Costs

In DR Distributors LLC v. 21 Century Smoking, Inc, v. CB Distributors, Inc. and Carlos Bengos, 2021 WL 185082, No. 12 CV 50324 (1/19/2021), Judge Johnston of the Northern District of Illinois, granted Plaintiff’s motion for…more

Destruction of Evidence, Discovery, Duty to Preserve, Electronically Stored Information, Email

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

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

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

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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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OSHA Issues Updated Employer Guidance on COVID-19 Mitigation and Prevention

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.  On June 10, 2021, the Occupational Safety and Health Commission (“OSHA”) published…more

CDC, Coronavirus/COVID-19, Health and Safety, Infectious Diseases, OSHA

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Federal Circuit Confirms that AAPA May Not Form the Basis of a Ground in an IPR

In a precedential opinion issued this week, the Federal Circuit held that Applicant Admitted Prior Art (“AAPA”) does not constitute “prior art consisting of patents or printed publications” under 35 U.S.C. § 311(b) and thus…more

Inter Partes Review (IPR) Proceeding, Patent Ownership, Patents, Prior Art, USPTO

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WARNING: Follow Your ESI Protocol Because the Court Will – PART ONE

A lawsuit has been filed. Both parties have met and negotiated an ESI Protocol that has been formalized as a court order. Your review team has started the initial review and notices there are numerous duplicates. When this is…more

Discovery, e-Discovery Professionals, Electronically Stored Information, FRCP 26(f), FRCP 37

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Force Majeure Revisited

Recorded at the beginning of the pandemic in 2020, Kilpatrick Townsend Partner Thomas G. Allen discusses the elements of force majeure as seen through the lens of successfully representing a client in a nine-figure force majeure…more

Contract Disputes, Contract Terms, Force Majeure Clause

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International Trade Administration Inquiry Poised to Impose Significant Import Duties on Certain Solar Cells and Modules

On April 1, 2022, the International Trade Administration (“ITA”) of the U.S. Department of Commerce (“Commerce”) published notice of a circumvention inquiry (“Inquiry”) that could materially increase the cost of certain solar…more

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

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Monthly Minute | Non-Fungible Tokens (NFTs)

Once a month, we cover an interesting topic in 60 seconds. This month, Trademark Associate Sarah Anderson covers "Business Considerations for Non-Fungible Tokens (NFTs)."…more

Brand, Copyright, Copyright Infringement, Copyright Registration, Intellectual Property Protection

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Supreme Court Rules that Bare Statutory Violation without Other Concrete Harm Cannot Provide Federal Court Standing

On May 16, 2016, the United States Supreme Court issued its opinion in Spokeo v. Robins, No. 13-1339, which presented the question of whether a plaintiff has standing in federal court to assert a claim where the only…more

Article III, Class Action, FCRA, Injury-in-Fact, SCOTUS

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

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

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

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Stablecoin Regulation in an Unstable Time: The Fed and Treasury Address a Stablecoin Regulatory Framework

Last week, the Federal Reserve (Fed) and the U.S. Department of the Treasury (Treasury) noted potential risks associated with certain aspects of stablecoins. While the Fed affirmed that “the aggregate value of stablecoins[…]…more

Digital Assets, Federal Reserve, Stablecoins, U.S. Treasury

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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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5 Key Takeaways - Negotiating Cloud Contracts for SaaS, IaaS, and PaaS

Kilpatrick Townsend’s Sonia Baldia and Jeff Connell recently joined the Vice President & Deputy General Counsel for Cvent, Ed Szeto, at the Association of Corporate Counsel NCR Conference -- “In-House Primer: Exploring Key…more

Cloud Computing, Data Breach, Data Protection, IaaS, PaaS

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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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Sixth Circuit Dissolves OSHA ETS Stay; OSHA Immediately Announces New Compliance Deadlines

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop. On December 17, the Sixth Circuit Court of Appeals voted 2-1 in a 3-judge panel to…more

Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Employer Mandates, Infectious Diseases

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KT Community - The Science of Helping

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

Corporate Social Responsibility, Pro Bono, Sustainability

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The Georgia Supreme Court upholds an expansive “consent by registration” approach to general personal jurisdiction

Companies authorized to transact business in Georgia may not be aware of the potential consequences: merely registering to do business with the Georgia Secretary of State confers general personal jurisdiction in Georgia over a…more

DaimlerAG, Foreign Corporations, GA Supreme Court, Personal Jurisdiction, Registration

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E-Discovery Strategies For Handling Personal Identifying Information

We’re all familiar with the importance of avoiding the inadvertent disclosure of attorney-client communications, work product or sensitive, proprietary or confidential business information. However, our obligations don’t end…more

Data Collection, Discovery, e-Discovery Professionals, Electronically Stored Information, Personally Identifiable 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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Data Licensing - Five Takeaways from the New York City Bar Association’s Continuing Legal Education Program on Intellectual Property Licensing 101

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program,…more

Continuing Legal Education, Intellectual Property Protection, IP License, State Bar Associations

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

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

Construction Disputes, Construction Industry, Construction Project, Subcontractors

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

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

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

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

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

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

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5 KEY TAKEAWAYS: Ethics in Patent Prosecution

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

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

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

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

Retailers, Tariffs, Trade Relations, Trade Wars

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

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

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

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

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

Borrowers, Collateral, Financial Services Industry, Lenders, Liens

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North Carolina General Assembly Update - May 2022

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

General Assembly, Legislative Agendas, Political Candidates, State and Local Government, State Elections

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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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Sidebars Podcast | Anthony Jones: Limitless

Anthony Jones is an enrolled member of the Port Gamble S’Klallam Tribe of Washington and an intellectual property attorney. An associate at Perkins Coie, his practice focuses on patent matters, including prosecution & portfolio…more

Career Development, Intellectual Property Litigation, Law School, Native American Issues, Young Lawyers

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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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BIPA class actions – liability of third-party vendors

Takeaway: We have written a number of articles about the explosion of class action litigation under Illinois’s Biometric Information Privacy Act (BIPA). See BIPA – an ideal “no injury” class action (Feb. 9, 2022) and BIPA…more

Biometric Information, Biometric Information Privacy Act, Corporate Counsel, Data Collection, Data Privacy

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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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Mystic Privacy: Connecticut's New Law Makes it Clearer

Connecticut’s new privacy law, an Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (“CTDPA”), generally continues the pattern of non-California states enacting…more

Consumer Privacy Rights, Cybersecurity, Data Controller, Data Privacy, Data Protection

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Supreme Court Limits FTCs Authority to Obtain Monetary Relief in Federal Court Under Section 13b of the FTC Act

On April 22, 2021, the Supreme Court issued a long awaited decision that rejects the Federal Trade Commission’s (FTC) longstanding use of Section 13(b) of the FTC Act to obtain equitable monetary relief in federal courts. The…more

AMG Capital Management LLC v FTC, Enforcement Authority, FTC, FTC Act, FTCA Section 13(b)

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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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[Webinar] Cryptocurrency and NFT Tax - March 15th, 1:30 pm ET

Join the Kilpatrick Townsend tax team for our winter CLE webinar as team members discuss the current federal, state, and unclaimed property treatment of cryptocurrency, non-fungible tokens and related tax topics. The webinar…more

Continuing Legal Education, Cryptocurrency, Digital Currency, Federal Taxes, Non-Fungible Tokens (NFTs)

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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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Mystic Privacy: Connecticut's New Law Makes it Clearer

Connecticut’s new privacy law, an Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (“CTDPA”), generally continues the pattern of non-California states enacting…more

Consumer Privacy Rights, Cybersecurity, Data Controller, Data Privacy, Data Protection

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5 Key Takeaways - The Biden Effect: Changes Banks Should Expect in 2022

Kilpatrick Townsend’s Gary Bronstein recently joined other thought leaders in a panel discussion at the Bank Director’s Acquire or Be Acquired Conference ̶ widely regarded as the financial industry’s premier M&A event for a…more

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), Environmental Social & Governance (ESG), FDIC

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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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SEC Risk Alert Highlights Registered Fund Compliance, Board Oversight, and Disclosure Obligations

On October 26, 2021, the SEC’s Division of Examinations (the “Division”) released a risk alert (the “Risk Alert”) detailing observations from a series of examinations by the Division’s staff (“Staff”) that focused on certain…more

Disclosure Requirements, Investment Adviser, Investors, Mutual Funds, Risk Alert

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5 Key Takeaways: California Proposition 65 & Other Hazards in the Stream of Commerce

Kilpatrick Townsend’s Alex Bullock and Laura Miller recently presented to clients at the firm’s 2022 Small Legal Department Client Summit. They discussed “California Proposition 65 & Other Hazards in the Stream of Commerce.”…more

Chemicals, Manufacturers, OEHHA, Proposition 65, Warning Labels

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Monthly Minute | Trade Secret Protection Best Practices–Exit Interviews

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Joel Bush covers the second part of his best practices for trade secret protection—exit interviews…more

Best Practices, Confidential Information, Exit Interviews, Intellectual Property Protection, Misappropriation

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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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And The Truth, or Lack Thereof, Shall Set You Free - PART ONE

Discover. According to Merriam-Webster, this term means “to make known or visible” or “to obtain sight or knowledge of for the first time.”[i] In the context of litigation, the process of discovery is intended to make known or…more

Data Preservation, Discovery, e-Discovery Professionals, Electronically Stored Information, Evidence

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Is Franchising Doomed?

Franchise and Licensing Partner Marc Lieberstein and Labor & Employment Counsel Chris Caiaccio spoke for Celesq, a leading provider of legal education, on the topic of whether franchising was doomed in light of the new laws and…more

Franchise Agreements, Franchisee, Franchises, Franchisors, Joint Employers

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SEC Boosts its Bandwidth, Nearly Doubles the Size of the Division of Enforcement’s Crypto Assets and Cyber Unit

On May 3, 2022 the Securities and Exchange Commission (the “SEC”) announced the addition of 20 new positions to the Division of Enforcement’s newly renamed Crypto Assets and Cyber Unit (formerly known as the Cyber Unit),…more

Crypto Exchanges, Cryptoassets, Cryptocurrency, Decentralized Finance (DeFi), Digital Assets

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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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10 key Takeaways - The Pandemic’s Impact on Pro Bono

On March 9, Kilpatrick Townsend’s Pro Bono Partner, Tamara Serwer Caldas, spoke on a panel at the 2022 Pro Bono Institute Conference in Washington, D.C. Ms. Caldas’ panel addressed how changes in society and in the legal…more

Client Services, Coronavirus/COVID-19, Law Firm Partners, Law Practice Management, Pro Bono

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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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Monthly Minute | Brand Issues and Cryptocurrencies in the Metaverse

Once a month, we cover an interesting topic in 60 seconds. This month, Partner David Caplan and Associate Daniel Gaitan share their thoughts on brand issues and cryptocurrencies in the metaverse…more

Brand, Cryptocurrency, Intellectual Property Protection, Metaverse

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2022 Qualified Retirement Plan IRS Indexed Dollar Limits Announced

Today the IRS announced in Notice 2021-61 the cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for tax year 2022 under the Internal Revenue Code. Nearly every limit…more

401k, 403(b) Plans, Employee Benefits, ESOP, Internal Revenue Code (IRC)

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Collection Best Practices - How Multifaceted Software Has Changed E-Discovery

As our work force has shifted to mobile and remote working practices (a trend in place before COVID, which only accelerated during the pandemic), businesses have turned to collaborative messaging tools such as Slack and various…more

Best Practices, Data Collection, Discovery, e-Discovery Professionals, Electronically Stored Information

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California Justices Say Overtime Rules Apply To Missed Meal Breaks

On Thursday, July 15, 2021, the California Supreme Court issued an opinion with respect to meal period premiums, impacting employers who provide nondiscretionary payments for work performed by their employees. In Ferra v. Loews…more

CA Supreme Court, Employer Liability Issues, Employment Policies, Rest and Meal Break, Wage and Hour

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Key Practice Takeaways for Recent Developments in China, the United Kingdom, and Mexico

A global pandemic isn’t the only major event that has impacted the practice of trademark law over the last year. For brand owners already reeling from workplace and business changes brought about by the crisis, there are also…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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The Rising Tide of Fintiv Denials

In the precedential Fintiv, Inc. decision, the Patent Trial and Appeal Board identified six factors balancing efficiency, fairness, and integrity of the patent system in determining whether to exercise discretionary institution…more

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

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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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[Webinar] Emerging Technology in Retail and Consumer Goods - May 25th, 1:30 pm ET

Innovative technologies continue to alter the retail and consumer goods space, especially following rapid adoption and advancement during the pandemic. We will examine three key transformative technologies— facial recognition,…more

Consumer Product Companies, Continuing Legal Education, Emerging Technologies, Facial Recognition Technology, Innovative Technology

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[Webinar] Emerging Technology in Retail and Consumer Goods - May 25th, 1:30 pm ET

Innovative technologies continue to alter the retail and consumer goods space, especially following rapid adoption and advancement during the pandemic. We will examine three key transformative technologies— facial recognition,…more

Consumer Product Companies, Continuing Legal Education, Emerging Technologies, Facial Recognition Technology, Innovative Technology

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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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Mystic Privacy: Connecticut's New Law Makes it Clearer

Connecticut’s new privacy law, an Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (“CTDPA”), generally continues the pattern of non-California states enacting…more

Consumer Privacy Rights, Cybersecurity, Data Controller, Data Privacy, Data Protection

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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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401(k) Plan Investments: ESG, Private Equity and Cryptocurrency

Many employers desire to offer innovative investments in their 401(k) plans as a way to enhance the plan’s value, attract talent and appeal to a younger workforce. But decisions regarding investment options are subject to…more

401k, Department of Labor (DOL), Employee Benefits, Environmental Social & Governance (ESG), ERISA

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Brokerage Window Fiduciary Duties in Light of DOL Cryptocurrency Guidance

The DOL’s (DOL) recent warning that it is launching a new investigative program aimed at plans that offer investments in cryptocurrency and related products, including through brokerage windows, sent shockwaves through the…more

401k, Cryptocurrency, Department of Labor (DOL), Employee Benefits, Fiduciary Duty

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