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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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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
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)
On the heels of the FTC’s announcement that it plans to revise its Green Guides in the coming months, challenges to environmental claims are increasing across many venues. Recent NAD decisions and newly proposed consumer…more
Advertising, Environmental Claims, Marketing, NAD
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
With the evolution of technology, electronic communications -- particularly text messages -- can often provide a treasure trove of evidence. While requests for email communications and collections from hard drives and networks…more
Discovery, Document Productions, e-Discovery Professionals, Electronically Stored Information, FRCP 26
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
Generative AI, such as ChatGPT, which is rapidly developing and become more familiar, is now facing the question of whether AI's learning of copyrighted work violates the Copyright Act. This is a major issue not only in the…more
Artificial Intelligence, Copyright, Copyright Infringement, Intellectual Property Protection, Japan
The National Labor Relations Board (“NLRB” or “Board”) continued its aggressive efforts to curtail longstanding management rights under federal labor law, this time by reviving key features of a long-dormant legal doctrine…more
Employer Liability Issues, NLRA, NLRB, Unfair Labor Practices, Unions
Today, in a precedential decision, the Federal Circuit provided guidance regarding the acceptable breadth of a Reply in an inter partes review proceeding. Rembrandt Diagnostics, LP v. Alere, Inc., Case. No. 21-1796 (Aug. 11,…more
Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents
In Part Two of this blog series, I discuss a recent case regarding noncompliance with preservation provisions in an ESI protocol and provide best practices for negotiating and drafting an ESI protocol. In Part One of this series…more
Discovery, e-Discovery Professionals, Electronically Stored Information, Evidence, Technology-Assisted Review
On August 18, 2023, the International Trade Administration (“ITA”) of the U.S. Department of Commerce (“Commerce”) issued a final “country-wide” circumvention determination in its circumvention inquiry (“Inquiry”) regarding the…more
Anti-Dumping Duty, Countervailing Duties, Imports, U.S. Commerce Department
日本銀行は、中央銀行デジタル通貨(CBDC)に関する２年間の概念実証(proof-of-concept)リサーチを完了し、現在、実証実験(パイロット・プログラム)を開始している。これにより、日本は、CBDC開発の実証段階に進んだ世界有数の経済国のひとつとなった。金融専門家は、2030年までに5兆ドルのCBDCが最大40億人に流通すると予想している。世界第3位の経済大国として、デジタル円が採用される可能性は、世界の金融システムやデジタル資産金融技術の進展…more
Central Bank Digital Currency (CBDCs), Cryptocurrency, Digital Assets, Digital Currency, Japan
Kilpatrick Townsend’s Rob Potter and Sarah Anderson recently participated in a panel of thought leaders to discuss the recent trends and significant challenges surrounding NFTs and the associated legal landscape, including…more
Blockchain, Copyright, Digital Assets, Intellectual Property Protection, Non-Fungible Tokens (NFTs)
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
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
Congress, numerous federal agencies, and the White House are all working to address various aspects of artificial intelligence (AI) development, regulation, and use…more
Artificial Intelligence, FTC, Machine Learning, NIST, Popular
In the first U.S. Supreme Court decision to consider the copyright fair use doctrine in the context of artistic works in almost three decades, the Court ruled that Andy Warhol Foundation’s licensing to Condé Nast of Warhol’s…more
Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel, Fair Use
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
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
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
Kilpatrick Townsend attorneys Sonia Baldia and Jeff Connell recently presented at the “Association of Corporate Counsel Dallas-Fort Worth: 2023 Annual In-House Symposium” in Frisco, Texas. As businesses continue to accelerate…more
Cloud Computing, Cloud Service Providers (CSPs), Data Breach, Data Protection, Data Security
Kilpatrick Townsend recently held its annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar). Firm attorneys led a day of interactive discussions with clients on the latest developments in intellectual property law and…more
Due Diligence, EU, Intellectual Property Protection, Unified Patent Court, Unitary Patent
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
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
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
Kathleen Barton, Brian Gaudet, and David Zacks recently participated in a panel at the annual Susan A. Cahoon Annual Ethics and Professionalism Seminar hosted by Kilpatrick Townsend. The panel discussed how a lawyer’s…more
Legal Ethics, Mediation, Negotiations
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
We previously wrote about how, under the Georgia Supreme Court’s decision in Cooper Tire & Rubber Co. v. McCall, 863 S.E.2d 81 (Ga. 2021), merely registering to do business with the Georgia Secretary of State confers general…more
Due Process, Federal Employers’ Liability Act (FELA), Foreign Corporations, Personal Jurisdiction, SCOTUS
Previously, I co-authored a two-part post on the advantages and disadvantages of using Technology Assisted Review (“TAR”) in E-Discovery document reviews. TAR helps attorneys during the review phase of E-Discovery by deploying…more
Algorithms, Artificial Intelligence, Discovery, Document Review, e-Discovery Professionals
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
On the cusp of the July 4 holiday weekend, the Federal Trade Commission announced revisions to its Endorsement Guides, the first update since its 2009 predecessor. While the revised Endorsement Guides are not vastly different…more
Advertising, Endorsements, FTC, FTC Endorsement Guidelines, Influencers
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
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
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
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
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
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
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
KTS Strategies brings years of experience providing clients in a diverse range of industries with comprehensive policy and advocacy advice before federal, state, and local agencies. In North Carolina, we advise local…more
General Assembly, Governor Cooper, Governor Vetoes, Redistricting, State and Local Government
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
Oklahoma law will soon confer on Native American students the right to wear traditional regalia during graduation ceremonies. The tribal regalia bill, SB 429, vests students enrolled in a public school district or in an…more
Educational Institutions, Native American Issues, Students
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
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
Takeaway: We have written many articles about the implementation of arbitration agreements and class action waivers as mechanisms to reduce exposure to class action litigation. One of the most effective means of implementing…more
Arbitration, Arbitration Agreements, Arbitration Awards, Class Action, Class Action Arbitration Waivers
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
Given the increasing number of data privacy laws in the U.S., entering into appropriate data processing agreements (“DPAs”) with vendors has now become a critical component of vendor management. It can also be one of the most…more
Cybersecurity, Data Privacy, Data Processors, Data Protection, Data Security
In a speech delivered on February 2, 2023, Principal Deputy Assistant Attorney General Doha Mekki of the Antitrust Division of the Department of Justice announced that the Antitrust Division would soon be withdrawing several…more
Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), FTC
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