Kilpatrick

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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
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Indigenous Peoples
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • 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
  • Arizona
  • California
  • Colorado
  • D.C.
  • Georgia
  • Illinois
  • New York
  • North Carolina
  • Texas
  • Washington
Other Countries
  • China
  • Japan
  • Sweden
Number of Attorneys
600+ 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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4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions on…more

Claim Construction, FRAND, Inequitable Conduct, Inter Partes Review (IPR) Proceeding, Patent Litigation

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New York Uniform Voidable Transactions Act

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

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

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

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

Advertising, Environmental Claims, Marketing, NAD

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Overview of New Private Fund Rules' Scope and Compliance Dates

The SEC recently adopted new rules (the “Private Fund Rules”) that will require additional reporting requirements and impose restrictions on certain activities of investment advisers to private funds (“Private Funds”). While…more

Investment Adviser, Investment Advisers Act of 1940, Investors, New Rules, Private Funds

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When The Timing of Your Spoliation Motion Can Be As Important As Its Substance

A motion for an adverse inference was denied in Pratt v. Robbins, et al., 2024 WL 234730, Case No. 5:20-cv-170-GCM (W.D. N.C. Jan. 22, 2024) where Defendants failed to preserve or produce a video that might have contained…more

Discovery, Duty to Preserve, Electronically Stored Information, Failure To Preserve, FRCP 37(e)

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Recent Decision from the California Third District Court of Appeals Sparks Potential Enforcement of Privacy Regulations

The California Privacy Protection Agency (the “Agency”) may start enforcing privacy regulations according to a recent decision from the California Third District Court of Appeal. The privacy regulations at issue stem from the…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity, Data Privacy

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

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

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

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OSHA Finalizes Rule Allowing Unions to Participate in OSHA Inspections

On Monday, April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued its final “walkaround” rule. The final rule broadens worker and union rights to designate an employee or…more

Employer Liability Issues, Final Rules, OSHA, Unions, Workplace Safety

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PTAB Alert: Implicit Claim Construction and the Standard of Review

Today, the Federal Circuit issued a precedential decision vacating and remanding a PTAB decision based on an erroneous implicit claim construction. Google v. EcoFactor, Case Nos. 2022-1750, 2022-1767 (Fed. Cir. Feb. 7, 2024)…more

Claim Construction, Google, Intellectual Property Protection, Patent Litigation, Patent Trial and Appeal Board

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A Swift Response: Call to Action on Deepfake Non-Consensual Pornography

In an era where digital privacy is increasingly under threat, the recent deepfake incident involving the globally renowned artist, Taylor Swift, has catapulted the issue of nonconsensual pornography to center stage. This…more

Artificial Intelligence, Deep Fake, Pornography, Revenge Porn, Social Media

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Solar Tariff Deja Vu: Commerce Again Considers Anti-Dumping/Countervailing Duties on Certain Solar Models from Southeast Asia

On April 30, 2024, the International Trade Commission (“ITC”) and the U.S. Department of Commerce (“Commerce”) noticed that they are once again conducting a preliminary investigation into the import of crystalline silicon…more

Anti-Dumping Duty, Countervailing Duties, Imports, International Trade Commission (ITC), Solar Panels

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4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions on…more

Claim Construction, FRAND, Inequitable Conduct, Inter Partes Review (IPR) Proceeding, Patent Litigation

See all updates »

Solar Tariff Deja Vu: Commerce Again Considers Anti-Dumping/Countervailing Duties on Certain Solar Models from Southeast Asia

On April 30, 2024, the International Trade Commission (“ITC”) and the U.S. Department of Commerce (“Commerce”) noticed that they are once again conducting a preliminary investigation into the import of crystalline silicon…more

Anti-Dumping Duty, Countervailing Duties, Imports, International Trade Commission (ITC), Solar Panels

See all updates »

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

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

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

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

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

Article III, Class Action, Fair Credit Reporting Act (FCRA), Injury-in-Fact, SCOTUS

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Georgia Joins the list of States with Age Verification Requirements for Online Speech: Navigating the Crossroads of Child Protection and Individual Rights

In an era where children are increasingly immersed in the digital realm, concerns about their safety and privacy online have become a focal point for policymakers (even on both sides of the aisle) and parents alike. Several…more

COPPA, Online Safety for Children, Privacy Laws, Social Media, State and Local Government

See all updates »

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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Want to Weigh in on the Responsible Procurement of Artificial Intelligence in Government? Now's Your Chance!

Artificial intelligence (“AI”) has already impacted virtually every industry in the United States and around the globe. The realm of federal government contracts is no exception. Considering this, the Administration has…more

Artificial Intelligence, Federal Contractors, OMB, Request For Information

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3 Key Takeaways - From the New York City Bar Association's 2024 Intellectual Property Institute

Kilpatrick was honored to be a Platinum sponsor of the New York City Bar Association’s 2024 Intellectual Property Institute. Jonathan W. Thomas, Megan E. Bussey, Sindy Ding-Voorhees, and Anna Antonova represented Kilpatrick at…more

Artificial Intelligence, Bar Associations, Copyright Registration, Intellectual Property Protection, Patents

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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, Fair Labor Standards Act (FLSA), Non-Exempt Employees, Over-Time

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5 Key Takeaways | Best Practices in Patent Drafting: Addressing 112 and Enablement after Amgen

On December 8, Partner Nena Bains and Counsel Yifan Mao presented “Best Practices in Patent Drafting: Addressing 112 and Enablement After Amgen” at the 24th Annual Berkeley-Stanford Advanced Patent Law Institute organized by…more

Enablement Inquiries, Intellectual Property Litigation, Intellectual Property Protection, Patent Applications, Patent Litigation

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Technology Trends to Follow in 2024

2023 was a notable year for technology (although not as perhaps anticipated at its beginning) and for IT lawyers as the technology spending for IT services and software in corporate America remained buoyant despite the downdraft…more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Digital Platforms

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

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

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

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EFFECTIVE JANUARY 1, 2024 - Corporate Transparency Act (CTA) Requirements

EFFECTIVE JANUARY 1, 2024 - CORPORATE TRANSPARENCY ACT (CTA) WILL REQUIRE MOST CORPORATE AND OTHER BUSINESS ENTITIES TO FILE WITH FINCEN AND PROVIDE INFORMATION RELATED TO THEIR BENEFICIAL OWNERS..…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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SEC Adopts New Climate-Related Disclosure Rules Without Scope 3 Greenhouse Gas Disclosure Requirement

After much anticipation, the Securities and Exchange Commission (SEC) adopted last week its climate-related disclosure rules. The adoption of the rules included a press release available here and a fact sheet available here. The…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

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Monthly Minute | Due Diligence Considerations Related to COVID-19

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

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

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

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

Legal Ethics, Mediation, Negotiations

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KT Community - The Science of Helping

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

Corporate Social Responsibility, Pro Bono, Sustainability

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Spirit Airlines defeats wiretapping and invasion of privacy class action for failure to plead concrete harm sufficient to satisfy Article III standing.

The Western District of Pennsylvania recently granted Spirit Airlines, Inc. (“Spirit Airlines”)’s Rule 12(b)(1) motion to dismiss a class action brought by a putative class of plaintiffs who visited Spirit Airlines’ website for…more

Article III, Class Action, Data Collection, Data Privacy, Injury-in-Fact

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

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

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

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

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

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

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5 Key Takeaways - Hot Topics in Advertising Claim Substantiation

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to host a continuing legal education program alongside Laura Brett, head of the National…more

Advertising, Advertising Substantiation, Marketing, NAD

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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 - October 2023 #4

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, Redistricting, State and Local Government

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

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

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

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Oklahoma Tribal Regalia Bill Represents Restorative Justice for Oklahoma Native Students

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

Educational Institutions, Native American Issues, Students

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Clarity on Doctrine of Equivalents Analysis for Chemical Claims

Mylan Institutional LLC v. Aurobindo Pharma Ltd, No. 2017-1645 (Fed. Cir. May 19, 2017) - On May 19, 2017, the Federal Circuit addressed and modified a rare grant of a preliminary injunction based on the doctrine of…more

Mylan Pharmaceuticals, Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

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Patenting Your COVID-19 Transmission Prevention Innovation

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

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

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Conflicting online terms – E.D. Va. rules that “arbitrability delegation” clause requires that arbitrator resolve conflict

Takeaway: We have written many articles about the use of consumer-facing terms containing mandatory arbitration agreements. “Clickwrap” agreements – agreements that require consumers affirmatively to accept terms – are the…more

Arbitration, Arbitration Agreements, Clickwrap Agreements, Motion to Compel, Terms and Conditions

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Department of Energy Solicits Information on AI

On March 1, 2024, the Department of Energy (“DOE”) published a Request for Information (“RFI”) Related to DOE’s Responsibilities on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. Comments…more

Artificial Intelligence, Comment Period, Department of Energy (DOE), Energy Sector, Power Grid

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Collaboration, Clients, and Coffee Fuel Kilpatrick’s New Office Design in San Francisco

Kilpatrick Townsend & Stockton recently transformed its San Francisco office, the firm’s oldest and second largest, from a three-floor traditional law firm setting into a two-floor high-tech, open-space environment to create a…more

Business Development, Client Services, Collaboration, Innovation, Law Practice Management

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Colorado Department of Law Issues Universal Opt-Out Shortlist Under the Colorado Privacy Act – What to Do Next

The Colorado Department of Law has published its Universal Opt-Out Shortlist under the Colorado Privacy Act (“CPA”). This is eagerly awaited guidance for organizations who are subject to the CPA as the guidance provides clarity…more

Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Collection, Data Privacy

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Senior DOJ Antitrust Official Announces Withdrawal of Information Exchange Guidelines

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

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC)

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COVID-19 Litigation Kicks off in North Carolina

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

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

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Recent Take-Aways Involving the Marketing Rule Sweep and Enforcement Activity

On June 8, 2023, the Security and Exchange Commission’s (“SEC’s”) Division of Examinations (the “Division”) published a Risk Alert (the “Alert”) announcing “additional areas of emphasis” during the next leg of sweep examinations…more

Investment Adviser, Investment Advisers Act of 1940, Marketing, Securities and Exchange Commission (SEC)

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Trademark Incontestability and Fraud on the U.S. Patent and Trademark Office: The Federal Circuit Clarifies One Issue but Leaves Another Unresolved

In Great Concepts Management Group v. Chutter, Inc., the Federal Circuit entertained an appeal from the Trademark Trial and Appeal Board’s cancellation of a federal registration based on the registrant’s filing of an allegedly…more

Intellectual Property Protection, Lanham Act, Trademark Application, Trademark Registration, Trademarks

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

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

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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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Georgia Joins the list of States with Age Verification Requirements for Online Speech: Navigating the Crossroads of Child Protection and Individual Rights

In an era where children are increasingly immersed in the digital realm, concerns about their safety and privacy online have become a focal point for policymakers (even on both sides of the aisle) and parents alike. Several…more

COPPA, Online Safety for Children, Privacy Laws, Social Media, State and Local Government

See all updates »

North Carolina General Assembly Update - October 2023 #4

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, Redistricting, State and Local Government

See all updates »

5 Key Takeaways | Risks Facing Banks Today

Kilpatrick Townsend’s Gary Bronstein recently joined a panel of other industry leaders at “The Bank Director: Bank Audit and Risk Conference." The panel discussed the countless risks facing banks today and what banks can do to…more

Artificial Intelligence, Banks, Due Diligence, Federal Bank Regulatory Agencies

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Sidebars Podcast | Amanda Brouillette: Taking Charge

In this episode, we interview patent litigator Amanda Brouillette, a Senior Associate in the Atlanta office of Kilpatrick Townsend. Amanda has defended a wide range of clients accused of patent infringement through all stages of…more

Career Development, Diversity, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

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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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Enabling Biotech Genus Claims Defined Only by Function — A Nearly Impossible Goal — Baxalta Incorporated v. Genentech Inc. (Fed. Cir. Sept. 20, 2023)

In the aftermath of Amgen v. Sanofi, courts continue to invalidate genus claims for lacking enablement. Baxalta Incorporated v. Genentech Inc.2 shows that it is nearly impossible to meet the enablement requirement for claims…more

Amgen v Sanofi, Biotechnology, Inventions, Patents, Pharmaceutical Patents

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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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11 Key Takeaways - Emerging PFAS Regulation of Consumer Articles

Kilpatrick’s Alex Bullock and Jeff Davidson recently joined another industry leader at the “2023 RCG Summit” to present on “Emerging PFAS Regulation of Consumer Articles.” This event features members of Kilpatrick’s Retail and…more

Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers, PFAS, Reporting Requirements

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The Fifth Circuit Broadens its Definition of “Adverse Employment Action” Under Title VII

Last week, the full U.S. Court of Appeals for the Fifth Circuit rejected nearly thirty years of unique precedent that limited the scope of disparate-treatment liability under Title VII of the Civil Rights Act of 1964 to…more

Adverse Employment Action, Employer Liability Issues, Employment Discrimination, Hiring & Firing, Title VII

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FTC Passes Rule Banning Post-Separation Non-Competes Nationwide

As we have reported on previously, efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year with several states, including California, Minnesota, North…more

Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements, Restrictive Covenants

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8 Key Takeaways | The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020

Kilpatrick’s Chris Bussert, a senior counsel with more than 30 years of experience in helping clients protect and defend their most important assets and brands, recently wrote the article “The Presumption of Irreparable Harm…more

Intellectual Property Protection, Irreparable Harm, Trademark Infringement, Trademark Modernization Act (TMA), Trademark Registration

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3 Key Takeaways - From the New York City Bar Association's 2024 Intellectual Property Institute

Kilpatrick was honored to be a Platinum sponsor of the New York City Bar Association’s 2024 Intellectual Property Institute. Jonathan W. Thomas, Megan E. Bussey, Sindy Ding-Voorhees, and Anna Antonova represented Kilpatrick at…more

Artificial Intelligence, Bar Associations, Copyright Registration, Intellectual Property Protection, 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

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

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5 Key Takeaways - Mitigating the Costs and Risks of Source Code and Email Discovery

Kilpatrick’s Dean Powell and Kim Byrd recently presented “Mitigating the Costs and Risks of Source Code and Email Discovery” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions on…more

Discovery, e-Discovery Professionals, Electronically Stored Information, Email, Patent Litigation

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Government Contractors Beware: No Easy Relief if Local Minimum Wages Exceed DOL Wage Determinations

Last week, in a case of first impression, the Civilian Board of Contract Appeals (“CBCA”) denied a federal contractor’s request for a contract adjustment to account for a change to the local county’s minimum wage rate, which was…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Federal Acquisition Regulations (FAR), Federal Contractors, General Services Administration (GSA)

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3 Key Takeaways - Three Key Areas for Investors in Private Equity Funds

Kilpatrick Townsend’s Kate McCurry and Thomas Cain recently attended the Institutional Limited Partners Association’s Legal Conference. The conference provided an opportunity to discuss trending legal topics in the private…more

Investment, Investors, Private Equity, Private Equity Funds

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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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Key Takeaways - Interparty Considerations and Collaborations: Navigating IP Due Diligence and Joint Development Agreements with Third Parties

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 (“IP”)…more

Due Diligence, Intellectual Property Protection, Patents, Trade Secrets, Trademarks

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Monthly Minute | Brand Protection 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 protection in the metaverse…more

Brand, Copyright, Copyright Infringement, Intellectual Property Protection, Metaverse

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8 Key Takeaways - Esports and Copyright

Caroline Carroll participated a panel on “Esports and Copyright: The Power of Rightsholders,” hosted by the Beverly Hills Bar Association. Esports has emerged as a major force in the entertainment industry, boasting millions of…more

Copyright, eSports, Gaming, Intellectual Property Protection, Video Games

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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, Individual Retirement Account (IRA)

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California High Court Rules on Non-Individual PAGA Standing

On July 17, 2023, the California Supreme Court issued its long-anticipated decision in Adolph v. Uber Technologies, Inc. and held that an employee who has been compelled to arbitrate “individual” claims under the California…more

Arbitration, Arbitration Agreements, CA Supreme Court, Employment Litigation, Motion to Compel

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6 Key Takeaways - Cross-Jurisdictional Nonuse Actions

Kilpatrick partners Crystal Genteman and Wendy Cheng recently presented “Big Little Fires Everywhere: Cross-Jurisdictional Nonuse Actions to Clear Deadwood” at the firm’s annual 2024 Advanced Trademark Law Seminar in New York…more

China, CNIPA, Intellectual Property Protection, Non-Use of Trademarks, Patent Applications

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5 Key Takeaways - The Latest on Inequitable Conduct: Case Law and Practical Considerations for Patent Prosecution

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. Firm attorneys led two days of interactive discussions with clients on the latest developments in…more

Intellectual Property Protection, Patent Litigation, Patents, USPTO

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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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Georgia Joins the list of States with Age Verification Requirements for Online Speech: Navigating the Crossroads of Child Protection and Individual Rights

In an era where children are increasingly immersed in the digital realm, concerns about their safety and privacy online have become a focal point for policymakers (even on both sides of the aisle) and parents alike. Several…more

COPPA, Online Safety for Children, Privacy Laws, Social Media, State and Local Government

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Silicon Valley Bank and the Impact of FDIC Bank Receiverships

On March 10, 2023, the California Department of Financial Protection and Innovation announced that it had closed down Silicon Valley Bank (“SVB”), a financial institution known for its services to start-ups and the venture…more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, FDIC

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5 Key Takeaways | Optimizing Retirement Plan Investment Committee Performance

Members of Kilpatrick’s Employee Benefits and Investment Management Teams recently presented a webinar on the topic of “Optimizing Retirement Plan Investment Committee Performance.” The discussion was focused on helping…more

Employee Benefits, Fiduciary Duty, Investment Adviser, Retirement, Retirement Plan

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

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

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

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6 Key Takeaways - IP Licensing Refresher

Kilpatrick’s Farah Cook presented an “IP Licensing Refresher” session during the firm’s recent annual "SKI"-LE® in Vail, Colorado. Ms. Cook delivered a review on negotiation best practices of various IP licensing agreements and…more

Copyright, Intellectual Property Protection, IP License, Patents

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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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FAQs on PIAs: Understanding U.S. State Privacy Impact Assessment Requirements

Privacy impact assessments (PIAs) and/or data protection impact assessments (DPIAs) have formed the practical basis for evaluating initiatives involving personal data in order to comply with various legal requirements for some…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Impact Assessments

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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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SECURE 2.0 Technical Corrections

On December 6, the House Ways and Means, House Education and the Workforce, Senate Finance, Senate Health, Education, Labor and Pension committees released a discussion draft of technical corrections and other clarifications for…more

Employee Benefits, Required Minimum Distributions, Retirement, Retirement Plan, SECURE Act

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5 Key Takeaways | Optimizing Retirement Plan Investment Committee Performance

Members of Kilpatrick’s Employee Benefits and Investment Management Teams recently presented a webinar on the topic of “Optimizing Retirement Plan Investment Committee Performance.” The discussion was focused on helping…more

Employee Benefits, Fiduciary Duty, Investment Adviser, Retirement, Retirement Plan

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The More You Claim, The More You Must Enable – The Supreme Court rules that Amgen’s Genus-Level Antibody Claims Lack Enablement

In a unanimous opinion announced on Thursday, May 18, 2023, the Supreme Court affirmed a Federal Circuit opinion invalidating claims in two patents owned by drugmaker Amgen for failing to properly enable claims directed to…more

Amgen, Patent Infringement, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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Climate Change Comes for Remedial Measures – Planning for Corrective Action under Climate Threats and EPA Recent Guidance

Four years ago, President Biden ran on an ambitious climate action agenda and the Biden/Harris Administration, from the first day in office, has a laser focus on tackling the “climate crisis,” On January 27, 2021, the…more

CERCLA, Climate Change, Environmental Justice, Environmental Protection Agency (EPA), RCRA

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

Kilpatrick partner Ted Davis recently presented his “Annual Review of Key Trademark & Unfair Competition Opinions” at the firm’s 2024 Advanced Trademark Law Seminar in New York. Key takeaways from the presentation include..…more

Intellectual Property Protection, Trademark Trial and Appeal Board, Trademarks, Unfair Competition

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Sidebars Podcast | Looking Back on Season One

In this episode, hosts April Abele Isaacson and Kimberlynn Davis along with the podcast’s producer, Kristina Travaillot, reflect on the first season of the Sidebars podcast and provide a preview of Season Two…more

Diversity, Intellectual Property Litigation, Intellectual Property Protection, Patent Litigation, Patents

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Monthly Minute | Protecting and Enforcing Your Trademarks

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

Intellectual Property Protection, Trademark Infringement, Trademark Registration, Trademarks

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6 Key Takeaways: SaaS, PaaS, and IaaS: Evaluating Cloud Service Agreement Models, Negotiating Key Terms, & Minimizing Contract Disputes

Kilpatrick Townsend Associate Megan Demicco recently participated in a webinar that provided guidance to business and technology counsel concerning drafting cloud computing service agreements…more

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

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OSHA Announces Withdrawal of COVID-19 Vaccination and Testing ETS

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop. On Tuesday, January 25, 2022, the U.S. Department of Labor’s Occupational Safety and…more

Coronavirus/COVID-19, Infectious Diseases, OSHA, Vaccinations, Virus Testing

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New NAD Decision Reminds Advertisers of Influencer Marketing Pitfalls

A recent decision by the National Advertising Division (“NAD)” provides some helpful reminders and best practices for influencer marketing. Wonderbelly—the maker of “clean” antacids—worked with influencers to help promote its…more

Advertising, Endorsements, FTC Endorsement Guidelines, Influencers, Marketing

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7 KEY TAKEAWAYS - Coexisting: Synergies and Tensions Among Open Source Software, Privacy, and Patents

Kilpatrick Townsend’s Michael Pavento, Stephen Dew, and Tony Glosson, recently spoke on a panel at the firm’s annual Kilpatrick Townsend Intellectual Property Seminar (KTIPS) on the topic of “Coexisting: Synergies and Tensions…more

Intellectual Property Protection, IP License, Open Source Software, Patents, Software Patents

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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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SEC Adopts New Climate-Related Disclosure Rules Without Scope 3 Greenhouse Gas Disclosure Requirement

After much anticipation, the Securities and Exchange Commission (SEC) adopted last week its climate-related disclosure rules. The adoption of the rules included a press release available here and a fact sheet available here. The…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

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3 Key Takeaways - From the New York City Bar Association's 2024 Intellectual Property Institute

Kilpatrick was honored to be a Platinum sponsor of the New York City Bar Association’s 2024 Intellectual Property Institute. Jonathan W. Thomas, Megan E. Bussey, Sindy Ding-Voorhees, and Anna Antonova represented Kilpatrick at…more

Artificial Intelligence, Bar Associations, Copyright Registration, Intellectual Property Protection, Patents

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Sound of Silence: Petition to the Supreme Court, Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc

Novartis and Accord Healthcare, Inc. are embroiled in a patent infringement suit concerning Novartis’ blockbuster multiple sclerosis drug Gilenya. Our previous articles Sound of Silence: Claiming Negative Limitations, and Sound…more

Novartis, Patent Infringement, Patent Litigation, Patents, Pharmaceutical Patents

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Regulators Offer Candid Assessment of the Root Causes for SVB and Signature Failures

A toxic combination of poor risk management and poor regulatory supervision proved fatal for Silicon Valley Bank (“SVB”) and Signature Bank (“Signature”), according to a series of reports released on April 28, 2023 by federal…more

Banking Sector, Banks, Deposit Accounts, FDIC, Federal Reserve

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EFFECTIVE JANUARY 1, 2024 - Corporate Transparency Act (CTA) Requirements

EFFECTIVE JANUARY 1, 2024 - CORPORATE TRANSPARENCY ACT (CTA) WILL REQUIRE MOST CORPORATE AND OTHER BUSINESS ENTITIES TO FILE WITH FINCEN AND PROVIDE INFORMATION RELATED TO THEIR BENEFICIAL OWNERS..…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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North Carolina General Assembly Update - October 2023 #4

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, Redistricting, State and Local Government

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3 Key Takeaways | Third party Prior Art Submissions at USPTO

Kilpatrick Townsend Partner Nesli Doran-Civan recently spoke about Third-party Prior Art Submissions at USPTO. Here are the 3 key takeaways from her presentation…more

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

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

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

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

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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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North Carolina General Assembly Update - October 2023 #4

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, Redistricting, State and Local Government

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SEC Adopts New Climate-Related Disclosure Rules Without Scope 3 Greenhouse Gas Disclosure Requirement

After much anticipation, the Securities and Exchange Commission (SEC) adopted last week its climate-related disclosure rules. The adoption of the rules included a press release available here and a fact sheet available here. The…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

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

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

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

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Key Takeaways - Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks

Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced Trademark…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Innovative Technology

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The FTC’s Rule Banning Non-Compete Agreements | What You Need to Know

The Federal Trade Commission, in a tight 3-2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Noncompete agreements have never been regulated at the federal level and the FTC’s adoption of its new…more

Federal Trade Commission (FTC), Jurisdiction, Non-Compete Agreements, Proposed Rules, Restrictive Covenants

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4 Key Takeaways - OFAC Enforcement Actions Thus Far in 2023

Although there were not any published sanctions enforcement actions during the first two months of 2023, since March, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has released information on nine…more

Economic Sanctions, Enforcement Actions, Exports, Office of Foreign Assets Control (OFAC), SDN List

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USPTO Issues Supplemental Guidance on Design Patent Protection for Computer-Generated Electronic Images

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images. The guidance was provided to the patent…more

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

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FTC Updates Merger Notification Thresholds and Fees

On January 22, 2024, the Federal Trade Commission (FTC) announced its annual update to the dollar thresholds for merger filings required by the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act), along with new filing fees…more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Mergers, Size of Persons Test

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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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A Swift Response: Call to Action on Deepfake Non-Consensual Pornography

In an era where digital privacy is increasingly under threat, the recent deepfake incident involving the globally renowned artist, Taylor Swift, has catapulted the issue of nonconsensual pornography to center stage. This…more

Artificial Intelligence, Deep Fake, Pornography, Revenge Porn, Social Media

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Overview of New Private Fund Rules' Scope and Compliance Dates

The SEC recently adopted new rules (the “Private Fund Rules”) that will require additional reporting requirements and impose restrictions on certain activities of investment advisers to private funds (“Private Funds”). While…more

Investment Adviser, Investment Advisers Act of 1940, Investors, New Rules, Private Funds

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TCPA - Ninth Circuit Affirms Decertification of “Junk Fax” Class

Takeaway: In True Health Chiropractic, Inc. v. McKesson Corp., No. 22-15710, 2023 WL 7015279, at *1 (9th Cir. Oct. 25, 2023), the Ninth Circuit affirmed the district court’s decertification of a “junk fax” class, finding that…more

Class Action, Faxes, FCC, TCPA, Telecommunications

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

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

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

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Texas Supreme Court Authorizes Substituted Service Via Social Media

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

Comment Period, Facebook, LinkedIn, Social Media, Twitter

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The Central District of California clarifies private “injunctive relief” for purposes of McGill

Takeaway: The Central District of California recently added class claims seeking to enjoin racial discrimination to the list of claims that fall outside the scope of “public injunctive relief” for purposes of the McGill Rule. …more

Class Action, Consumers Legal Remedies Act, Injunctive Relief, Race Discrimination, Unfair Competition Law (UCL)

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Chinese Investment in the United States Remains Subject to Scrutiny by CFIUS but Advance Planning Can Lead to a Successful Outcome

Over the last few years, a security review committee for foreign investments into the United States has become almost a household name. Indeed, the Committee on Foreign Investment in the United States—or CFIUS—has even been…more

CFIUS, China, Foreign Investment, National Security

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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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4 TAKEAWAYS: Patent Quality, Ranking and Valuation

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

FRAND, Intellectual Property Protection, IP License, Patents

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California Supreme Court rejects manageability as a basis to strike PAGA claims

Takeaway: On January 18, 2024, the California Supreme Court resolved a conflict between California’s Private Attorneys General Act (PAGA) and the “manageability” concept used by courts to evaluate whether class certification…more

Class Action, Employer Liability Issues, Employment Litigation, Private Attorneys General Act (PAGA), Rest and Meal Break

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

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

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

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North Carolina General Assembly Update - October 2023 #4

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, Redistricting, State and Local Government

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Changes to Stockholder Consent Rights after Moelis Decision

After the a recent decision of the Delaware Court of Chancery, West Palm Beach Firefighters’ Pension Fund v. Moelis & Co., venture capitalists and other stockholders of Delaware corporations may consider amending or moving some…more

Board of Directors, Consent, Delaware General Corporation Law, Fiduciary Duty, Shareholders

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

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

Antimicrobials, Centers for Disease Control and Prevention (CDC), Investigational New Drug Application (IND), Life Sciences, Pharmaceutical Industry

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

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

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

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Monthly Minute | Brand Protection 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 protection in the metaverse…more

Brand, Copyright, Copyright Infringement, Intellectual Property Protection, Metaverse

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

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

Landlords, Real Estate Brokers, Tenant Protection Acts, Tenants

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KT Client Success - Big Win in Water Rights Fight

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

Tribal Lands, Water, Water Rights, Water Supplies

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Practical A.I. – Useful A.I.-Driven Tools for Lawyers Before the Robots Take Us

Artificial intelligence chatter on the internet seems to be everywhere in the new year. In January, a startup announced that an artificial intelligence-powered “robot lawyer” would represent its first defendant in court over a…more

Artificial Intelligence, Discovery, Document Review, e-Discovery Professionals, Electronically Stored Information

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The U.S. Executive Order on Artificial Intelligence Is Not Only for Uncle Sam: Key Components of the Executive Order and Potential Impact on the Private Sector

On October 30, 2023, the Biden-Harris Administration issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”) in an effort to advance American leadership and…more

Artificial Intelligence, Best Practices, Biden Administration, Data Privacy, Executive Orders

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4 KEY TAKEAWAYS - Data as Intellectual & Other Types of Property: Risk Management, Asset Protection, & Beyond

The ownership of data can be a murky question. How does counsel help their company protect the company’s legal rights in its data? How does counsel help their company avoid violating the rights of others when using third-party…more

Copyright, Data Protection, Data Rights, Risk Management, Trade Secrets

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4 KEY TAKEAWAYS - Data as Intellectual & Other Types of Property: Risk Management, Asset Protection, & Beyond

The ownership of data can be a murky question. How does counsel help their company protect the company’s legal rights in its data? How does counsel help their company avoid violating the rights of others when using third-party…more

Copyright, Data Protection, Data Rights, Risk Management, Trade Secrets

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Eleventh Circuit reverses dismissal of class action disputing State Farm’s calculation of “actual cash value,” holding required appraisal process not a condition precedent to suit

We have written about class actions filed against State Farm and other carriers alleging systematic undervaluation of damaged vehicles. One of our articles focused on a decision by the Middle District of Georgia dismissing…more

Auto Insurance, Class Action, Insurance Industry, Insurance Litigation, State Farm

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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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In Cross River Consent Order, FDIC Focuses on Marketplace Lending and Third Party Lending Issues

The Federal Deposit Insurance Corporation (“FDIC”) recently entered into a consent order with Cross River Bank (“CRB”) addressing what the FDIC considered to be unsafe and unsound banking practices associated with CRB’s fair…more

Banking Sector, Banks, Fair Lending, FDIC

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De-Risking Renewable Energy Projects: Identifying and Avoiding Contractual, Economic, Legal, and Regulatory Pitfalls

The world’s renewable energy grew by 50% to 510 gigawatts (GW) in 2023, the 22nd year in a row that renewable capacity additions set a record, according to figures from the recent IEA Report of January 2024. The Inflation…more

Electricity, Energy Projects, Energy Sector, Renewable Energy

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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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U.S. District Court Holds that AI Algorithms Cannot Be Listed as Inventors on Patents

As we discussed earlier, a variety of artificial intelligence (AI) technologies exist and are being used in biopharma (e.g., discovery and development of drugs, optimization of clinical trial design, identification of novel…more

Artificial Intelligence, Biopharmaceutical, Inventors, Patents, USPTO

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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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6 Key Takeaways - Cross-Jurisdictional Nonuse Actions

Kilpatrick partners Crystal Genteman and Wendy Cheng recently presented “Big Little Fires Everywhere: Cross-Jurisdictional Nonuse Actions to Clear Deadwood” at the firm’s annual 2024 Advanced Trademark Law Seminar in New York…more

China, CNIPA, Intellectual Property Protection, Non-Use of Trademarks, Patent Applications

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Sidebars Podcast | The 2022 Mental Health Special Episode: Burnout in the Legal Profession

In this special episode, hosts April Abele Isaacson and Kate Geyer are joined by Kasey Koballa, an Associate from the Kilpatrick Townsend Raleigh office. Kasey’s practice focuses on patent litigation in federal courts and before…more

Intellectual Property Litigation, Law Firm Associates, Law Firm Partners, Mental Health, Patent Litigation

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Technology-Specific Patent Filing Trends During the Pandemic

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

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

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4 Key Takeaways - Prosecution Laches: A Potential Threat to Continuation Application Practice

Kilpatrick’s Darin Gibby and David Hsu presented a session during the firm’s annual “SKI-LE” in Vail, Colorado, exploring prosecution laches and continuation application strategies in light of the recent decision in Sonos v…more

Google, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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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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Monthly Minute | Cybersecurity Events

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Doug Gilfillan covers cybersecurity events…more

Cyber Threats, Cybersecurity, Data Breach, Incident Response Plans, Popular

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USPTO Acts to Spur Innovation in Climate Mitigation Technologies with Expedited Review Pilot Program

As the looming consequences of climate change inch ever closer, the Biden administration has acted forcefully with both legislation and policy. Building on the prioritization of climate change policy announced in President…more

Climate Change, Greenhouse Gas Emissions, Intellectual Property Protection, Patent Applications, Patents

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USPTO Acts to Spur Innovation in Climate Mitigation Technologies with Expedited Review Pilot Program

As the looming consequences of climate change inch ever closer, the Biden administration has acted forcefully with both legislation and policy. Building on the prioritization of climate change policy announced in President…more

Climate Change, Greenhouse Gas Emissions, Intellectual Property Protection, Patent Applications, Patents

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3 Key Takeaways | New York State Bar Association IP Section Annual Meeting

During the New York State Bar Association IP Section Annual Meeting on January 17, 2024, Kilpatrick’s Tony Glosson spearheaded the “Cybersecurity/Data Privacy” panel with fellow speaker Sharfy Salek of LexisNexis® Risk…more

Intellectual Property Protection, IP License, New York, State Bar Associations, Trademarks

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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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No Harbor is Limitless A Recent False Claims Act Settlement Involving a Georgia Healthcare Company Is a Good Reminder of the Restrictions of the Federal Anti-Kickback Statutes Safe Harbor Provisions

The DOJ recently reached a $122 million settlement with Universal Health Services (“UHS”) and Turning Point Care Center, LLC (“Turning Point”) to resolve allegations of False Claims Act violations related to their billing…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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Patent Licensing Tips and Takeaways

Once a month, we cover an interesting topic in 60 seconds. This month, partners Richard Goldstucker shares his takeaway from Farah Cook's and Michelle Tyde's 'The Licensing Journal' article on patent licensing. * The opinions…more

Intellectual Property Protection, Licensing Rules, Patents

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Introduction to the Illinois Franchise Tax and its Importance to Your Company

The Illinois Franchise Tax (the “Franchise Tax”) is an extremely complex tax that places unique burdens on corporations conducting business in Illinois. Based on our experience, many corporations incorrectly calculate their…more

Franchise Taxes, Income Taxes, State Taxes, Tax Liability, Tax Planning

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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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Sidebars Podcast | Jamie Graham: Charting Her Own Course

Jamie Graham is currently Associate Director and Senior Patent Counsel at Boehringer Ingelheim USA. Prior to joining Boehringer, Jamie practiced patent law for 30 years at Kilpatrick Townsend, many of them as a partner. At the…more

Career Development, Diversity, Intellectual Property Litigation, Leadership, Women in the Law

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5 Key Takeaways | How to Effectively Leverage the Chinese Patent System

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in…more

China, CNIPA, Intellectual Property Protection, Patent Infringement, Patent Litigation

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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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5 Key Takeaways | How to Effectively Leverage the Chinese Patent System

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in…more

China, CNIPA, Intellectual Property Protection, Patent Infringement, Patent Litigation

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Federal Judge Upholds ERISA ESG Rules

On September 21, 2023, a federal court in the Northern District of Texas (the “Court”) dismissed a challenge to the Department of Labor’s 2022 Investment Duties Rule (the “Rule”) allowing fiduciaries plans under the Employment…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement, Retirement Plan

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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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3 Key Takeaways | Successful Arbitration of International Construction Disputes

Partner Randy Hafer presented on the topic of “Successful Arbitration of International Construction Disputes” at the 2022 Risk Management in Underground Construction Conference. The Risk Management in Underground Construction…more

Arbitration, Insurance Industry, International Construction Projects, Risk Management

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3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses

Kilpatrick Townsend Partners Rich Keshian, Chad Hansen, and Will Joyner recently participated on a panel at the firm’s 2022 Small Legal Department Client Summit. They discussed “Drafting & Navigating Dispute Resolution Clauses:…more

Arbitration, Arbitration Agreements, Contract Drafting, Dispute Resolution, Mediation

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Maryland and Nebraska Pass Consumer Data Privacy Laws, and Maryland Adds a Kids Code

The United States privacy landscape becomes more cluttered by the week. While most of the legal media is focusing on federal legislation coming out of Washington, the most significant privacy development in the United States has…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

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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, 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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Utilizing E-Discovery Tools in Innovative Ways

As part of the e-discovery process, we use digital means to identify relevant information for use in a legal proceeding. The proceeding may be a large-scale medical malpractice lawsuit, a patent infringement case, a government…more

Discovery, e-Discovery Professionals, Electronically Stored Information, Legal Project Management, Legal Technology

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Extension of the PTAB Motion To Amend Pilot Program

The United States Patent and Trademark Office (USPTO) announced on Oct. 4, 2022, that it is extending the Motion to Amend (MTA) Pilot Program through September 16, 2024. The MTA Pilot Program was initiated on March 15, 2019. It…more

America Invents Act, Motion to Amend, Patent Trial and Appeal Board, Patents, USPTO

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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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We Hold These Rules to Be Self-Evident: Document Review, Relevance, and the Federal Rules of Civil Procedure

Sometimes, an argument or position may seem so self-evident or apparent that parties proceed on the assumption that it is correct without ever actually litigating the issue. Should a party decide to contest the issue, however,…more

Discovery, Document Productions, e-Discovery Professionals, Electronically Stored Information, Federal Rules of Civil Procedure

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SEC Adopts New Climate-Related Disclosure Rules Without Scope 3 Greenhouse Gas Disclosure Requirement

After much anticipation, the Securities and Exchange Commission (SEC) adopted last week its climate-related disclosure rules. The adoption of the rules included a press release available here and a fact sheet available here. The…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

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North Carolina General Assembly Update - October 2023 #4

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, Redistricting, State and Local Government

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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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Fifth Circuit disagrees with Eleventh Circuit and holds that a single text message is a concrete injury under the TCPA

Takeaway: TCPA defendants beware: it takes only a single, unsolicited text message for a plaintiff to establish Article III standing in the Fifth Circuit. In Cranor v. 5 Star Nutrition, L.L.C., --- F.3d ---, No. 19-51173, 2021…more

Article III, Class Action, Injury-in-Fact, Standing, TCPA

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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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U.S. Department of Labor Issues New Rules Requiring Vaccination or Weekly Testing for Employees of Large Employers

On November 4, 2021, the U.S. Department of Labor issued an emergency temporary standard (“ETS”) directing all private employers with 100 or more employees corporate-wide to establish, implement, and enforce a mandatory COVID-19…more

Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues, Employment Policies, Vaccinations

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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 - Prosecution Laches: A Potential Threat to Continuation Application Practice

Kilpatrick’s Darin Gibby and David Hsu presented a session during the firm’s annual “SKI-LE” in Vail, Colorado, exploring prosecution laches and continuation application strategies in light of the recent decision in Sonos v…more

Google, Intellectual Property Protection, Patent Infringement, Patent Litigation, 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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Recent Decision from the California Third District Court of Appeals Sparks Potential Enforcement of Privacy Regulations

The California Privacy Protection Agency (the “Agency”) may start enforcing privacy regulations according to a recent decision from the California Third District Court of Appeal. The privacy regulations at issue stem from the…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity, Data Privacy

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10 Key Takeaways - Navigating Litigation Under the Biologics Price Competition and Innovation Act BPCIA

On January 11, 2024, Kilpatrick Partner April Isaacson and Counsel Yifan Mao presented “Navigating Litigation Under the Biologics Price Competition and Innovation Act (BPCIA)” to entrepreneurs in the Chinese life science…more

Biosimilars, BPCIA, Competition, Patent Infringement, Patent Litigation

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Intel’s $2.18 Billion Patent Infringement Verdict – How to Avoid it Happening to Your Company

In view of the $2.18 billion jury verdict against Intel for patent infringement, in-house counsel may wonder how to keep that from happening to them (see VLSI Technology LLC v. Intel Corp., 21-57, U.S. District Court for the…more

Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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The SEC Loves ESG

ESG-related issues are a tip-top priority for the Commission under Chairman Gary Gensler’s leadership. Specifically, the Commission’s Examination and Enforcement divisions continue to look for greenwashing and other types of…more

Board of Directors, Climate Change, Corporate Governance, Disclosure Requirements, Diversity

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The Duty to Preserve Evidence May Begin Before Formal Notice of Litigation

The preservation of, or failure to preserve, ESI in a litigation context provides ample opportunities for counsel to stumble and is a fertile area of case law. In this blog we will look at Hollis v. CEVA Logistics U.S., Inc.,…more

Discovery, Duty to Preserve, Electronically Stored Information, Evidence, Failure To Preserve

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Executive Order on Artificial Intelligence – NIST Solicits Public Comment

On December 19, 2023, the U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) issued a Request for Information (“RFI”) regarding responsibilities set forth in the Executive Order on the Safe,…more

Artificial Intelligence, Executive Orders, NIST, Public Comment, Request For Information

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3 Takeaways - Practice Pointers for German Companies Doing Business in the U.S.

German companies are often surprised when they get sued in the U.S. (a) that U.S. courts even have jurisdiction; (b) about the exorbitant amount of damages that are claimed; and (c) about the power U.S. courts have to compel…more

Contract Terms, Corporate Governance, Doing Business, Germany, Subsidiaries

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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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88th Texas Legislature Enacts House Bill 19, Creating New Business Court System

The 88th Texas Legislature has enacted House Bill 19, which currently awaits Governor Greg Abbott’s signature. A significant piece of legislation affecting the state judiciary, HB 19 amends the Texas Government Code by creating…more

Business Court, Complex Litigation, Governor Abbott, Jurisdiction, New Legislation

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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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3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses

Kilpatrick Townsend Partners Rich Keshian, Chad Hansen, and Will Joyner recently participated on a panel at the firm’s 2022 Small Legal Department Client Summit. They discussed “Drafting & Navigating Dispute Resolution Clauses:…more

Arbitration, Arbitration Agreements, Contract Drafting, Dispute Resolution, Mediation

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Changes to Stockholder Consent Rights after Moelis Decision

After the a recent decision of the Delaware Court of Chancery, West Palm Beach Firefighters’ Pension Fund v. Moelis & Co., venture capitalists and other stockholders of Delaware corporations may consider amending or moving some…more

Board of Directors, Consent, Delaware General Corporation Law, Fiduciary Duty, Shareholders

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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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Want to Weigh in on the Responsible Procurement of Artificial Intelligence in Government? Now's Your Chance!

Artificial intelligence (“AI”) has already impacted virtually every industry in the United States and around the globe. The realm of federal government contracts is no exception. Considering this, the Administration has…more

Artificial Intelligence, Federal Contractors, OMB, Request For Information

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Intellectual Property Developments from the U.S. Executive Order on Artificial Intelligence

The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”), issued on October 30, 2023, includes many initiatives relating to the development and use of artificial…more

Artificial Intelligence, Copyright, Executive Orders, Intellectual Property Protection, Inventors

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It's Not Always Obvious: A Successful Showing of Substantial Evidence Before the Federal Circuit

Volvo Penta of the Americas, LLC v. Brunswick Corporation (2022-1765, Decided August 24, 2023) - Patent litigators are well aware of the challenges of overcoming the substantial evidence standard on appeal from an adverse…more

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

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3 Key Takeaways | Drafting & Navigating Dispute Resolution Clauses

Kilpatrick Townsend Partners Rich Keshian, Chad Hansen, and Will Joyner recently participated on a panel at the firm’s 2022 Small Legal Department Client Summit. They discussed “Drafting & Navigating Dispute Resolution Clauses:…more

Arbitration, Arbitration Agreements, Contract Drafting, Dispute Resolution, Mediation

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Key Takeaways - Interparty Considerations and Collaborations: Navigating IP Due Diligence and Joint Development Agreements with Third Parties

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 (“IP”)…more

Due Diligence, Intellectual Property Protection, Patents, Trade Secrets, Trademarks

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6 Key Takeaways: Ways to Improve Electronic Discovery

Kilpatrick Townsend’s Katie King recently spoke at the North Carolina Bar Association’s “NextGen ESI — Ways to Improve Electronic Discovery” As good stewards of a client’s time and resources, we should embrace e-discovery…more

Discovery, Document Productions, Document Review, e-Discovery Professionals, Electronically Stored Information

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Tribes Are Not “Immune” From Loss: Start Managing Risk Now

When a Tribe thinks about risk management and insurance, it may first wonder whether it really needs to worry about it because of its unique defense of sovereign immunity. This defense, however, has come under much fire in…more

Insurance Claims, Insurance Industry, Native American Issues, Risk Management, Sovereign Immunity

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It’s (Almost) 12:01 am on October 1, 2023, Do You Know Where Your Government Funding Is? Practical Guidance for Commercial Companies That Also Have Government Contracts in Weathering a Shutdown

On Thursday, September 28, 2023, the government informed its employees that a government shutdown is imminent. The government turns into a pumpkin on Sunday, October 1, 2023, at 12:01 am. While a last-minute funding deal is…more

Federal Contractors, Federal Funding, Government Shutdown, Subcontractors

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Federal Circuit Clarifies AIA On-Sale Bar

Helsinn v. Teva (Fed. Cir. 2017) - On May 1, 2017, a Federal Circuit panel ruled that the AIA did not change the statutory meaning of “on sale” and that the on-sale bar can be triggered by a sale whose existence is public,…more

Abbreviated New Drug Application (ANDA), America Invents Act, Food and Drug Administration (FDA), On-Sale Bar, Patents

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General Liability Coverage for Cyber Risks Arising from "Publication" of Private Data

Cyber liability issues present constant concerns to individuals and to companies who are custodians of private data. The “hot button” issues presented range from questions regarding data theft, including identity and credit…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Protection, Insurance Industry

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Sidebars Podcast | The 2022 Mental Health Special Episode: Burnout in the Legal Profession

In this special episode, hosts April Abele Isaacson and Kate Geyer are joined by Kasey Koballa, an Associate from the Kilpatrick Townsend Raleigh office. Kasey’s practice focuses on patent litigation in federal courts and before…more

Intellectual Property Litigation, Law Firm Associates, Law Firm Partners, Mental Health, Patent Litigation

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Consumer Financial Protection Bureau Releases Final Rule Limiting Credit Card Late Fees

In March the Consumer Financial Protection Bureau (CFPB) announced a final rule intended to limit late payment fees on consumer credit cards distributed by the larger credit card issuers (the “Final Rule”). The Final Rule, which…more

CARD Act, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Final Rules

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4 TAKEAWAYS: Patent Quality, Ranking and Valuation

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

FRAND, Intellectual Property Protection, IP License, Patents

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Federal Court Blocks Enforcement of Revised CRA Rules

A federal district judge in Texas has enjoined federal bank regulators from enforcing the recently overhauled Community Reinvestment Act (“CRA”) rules.  The injunction was issued on the eve of the first effective date under the…more

Banking Sector, Banks, Community Reinvestment Act, Financial Institutions, Financial Services Industry

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No Magic Number: Understanding Public Accessibility in IPR Proceedings Weber, Inc. v. Provisur Technologies, Inc., 92 F.4th 1059 (Fed. Cir. Feb. 8, 2024)

Under 35 U.S.C. § 311(b), a Petitioner may challenge the validity of an issued patent in an IPR proceeding “only on the basis of prior art consisting of patents or printed publications.” Public accessibility has been held to be…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Applications, Patent Litigation, Patents

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PTAB Issues Three New Precedential Opinions

The Patent Trial and Appeal Board (PTAB) has been busy, designating three decisions as precedential on Monday after designating two decisions as precedential earlier this month. Two of the decisions involve the substantive and…more

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

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Protecting Your Brand in China

Filing for a trademark in China? Kilpatrick Townsend associate Gwen Kui discusses first-to-file rules, bad faith, and how to protect your brand…more

Bad Faith, First-to-File, Intent-to-Use, International Trademark Protection, Trademark Application

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Federal Circuit Reaffirms That There Is No ‘Reasonable Expectation Of Success’ In Trying To Invalidate A Chemical Compound Claim As Obvious

The Federal Circuit (in an unpublished opinion) recently reaffirmed the difficulty generic challengers face when trying to establish chemical structural obviousness to invalidate a drug compound patent claim. This recent…more

Abbreviated New Drug Application (ANDA), Obviousness, Patent Invalidity, Patents, Pharmaceutical Patents

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USPTO Issues Supplemental Guidance on Design Patent Protection for Computer-Generated Electronic Images

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images. The guidance was provided to the patent…more

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

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Senior DOJ Antitrust Official Announces Withdrawal of Information Exchange Guidelines

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

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC)

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3 Takeaways - Prosecution Bars with Parallel Post-Grant Proceedings

At issue with the courts is whether a protective order should preclude the lawyers involved in the litigation from advising or participating in potential claim amendments for an existing patent in a parallel invalidity…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patents, Post-Grant Review

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Discretionary Denial Reversed on Rehearing in View of “New Evidence” of Stay

In a recently rendered decision, the Patent Trial and Appeal Board (“Board”) found that a subsequent stay of a parallel district court proceeding warranted a reversal of a discretionary denial of institution of inter partes…more

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

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Looking Forward: EU Medical Devices Regulation

At the end of each year, we have a habit of looking back at lessons learned, the ups, the downs, the works. And like in 2020 and 2021, the COVID-19 pandemic and related shortage of medical devices take center stage in our…more

Coronavirus/COVID-19, EU, European Commission, European Parliament, Life Sciences

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As the Marketplace Evolves, is Your Latin American Franchise Ready for the U.S.A.?

Attorneys representing Latin American brands in the United States should understand that entry into the US market requires careful strategy, planning and due consideration for the variety of legal issues that arise from…more

Franchise Agreements, Franchise Disclosure Document, Franchisee, Franchises, Franchisors

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COVID-19 Reopening Guidebook

Navigating the decision as to when to reopen businesses may be just as daunting as navigating the closures caused by the pandemic. Resuming business operations will require significant preparation, constant monitoring of the…more

Americans with Disabilities Act (ADA), Business Continuity Plans, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities

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Insights from the CJEU regarding cooperation agreements between contracting authorities

On May 28 2020, the European Court of Justice (CJEU) provided preliminary rulings in Case C-796/18 Informatikgesellschaft für Software-Entwicklung (ISE) mbH ./. Stadt Köln, and on June 4, in Case C-429/19 Remondis GmbH ./…more

Cooperation Agreement, Court of Justice of the European Union (CJEU), EU, Public Contracts, Public Procurement Policies

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Business Interruption Coverage and the Coronavirus

As a result of the Coronavirus, many businesses, large and small, have been forced to close for a time, resulting in a loss of revenue. Commercial property policies often contain business interruption coverage which is intended…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry

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Recent Amendments to Exempt Offering Rules Include Significant Updates to “Integration” Framework

On March 15, 2021, several previously-announced amendments to the Securities and Exchange Commission’s exempt offering rules took effect. The rule changes, which were first announced in November 2020, are designed, in the SEC’s…more

General Solicitation, Regulation D, Rule 504, Safe Harbors, Securities Act of 1933

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Georgia Joins Regional and National Trend by Enacting State Law to Regulate Decommissioning of Solar Farms

Background and General Provisions - Governor Brian Kemp recently signed House Bill 300 (the “Act”), which amends the Solar Power Free-Market Financing Act of 2015 by adding decommissioning requirements that must be included…more

Decommissioned Facilities, Energy Projects, Renewable Energy, Solar Energy, Solar Farm

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Insights from the CJEU regarding cooperation agreements between contracting authorities

On May 28 2020, the European Court of Justice (CJEU) provided preliminary rulings in Case C-796/18 Informatikgesellschaft für Software-Entwicklung (ISE) mbH ./. Stadt Köln, and on June 4, in Case C-429/19 Remondis GmbH ./…more

Cooperation Agreement, Court of Justice of the European Union (CJEU), EU, Public Contracts, Public Procurement Policies

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5 Key Takeaways | The Importance of Mentorship

Mentorships can make a real difference in building a thriving career and being a mentor can be an extremely rewarding experience. Kilpatrick Townsend’s Lidia Lopez recently spoke at the International Trademark Association (INTA)…more

Career Development, Mentors, Professional Development

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FTC Issues Notice of Penalty Offenses to Over 700 Companies Warning of Steep Penalties for Deceptive Endorsements

The Federal Trade Commission is getting even more serious about fake reviews and misleading endorsements. While in recent years the FTC has brought a few enforcement proceedings that resulted in settlements, on October 13, 2021,…more

Advertising, Disclosure Requirements, Endorsements, Federal Trade Commission (FTC), FTC Endorsement Guidelines

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OMB Releases Policy to Advance Governance, Innovation, and Risk Management for Federal Agency Use of Artificial Intelligence

In today's rapidly evolving technological landscape, artificial intelligence (“AI”), and particularly generative AI, continues to develop as a powerful tool not only for industry but also government entities. The successful…more

Artificial Intelligence, Executive Orders, Innovative Technology, Machine Learning, OMB

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New York City Council Takes Aim at Non-Compete Agreements

As previously reported, federal agencies, such as the Federal Trade Commission and National Labor Relations Board, and several states are limiting the use of employee non-compete agreements or banning them altogether…more

Employer Liability Issues, Employment Contract, Local Ordinance, Non-Compete Agreements, Restrictive Covenants

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High Court Tax Refund Ruling Indicates State Law Authority

On Feb. 25, The U.S. Supreme Court issued its decision in Rodriguez v. Federal Deposit Insurance Corp., a case involving a dispute between (1) the trustee in bankruptcy of a defunct bank holding company, and (2) the FDIC, as…more

Bank Holding Company, Banking Sector, FDIC, Income Taxes, Tax Refunds

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New Employment Protections for State Activated Texas Military Forces Effective September 1, 2021.

As the 2021 hurricane season begins to threaten the Texas coast, many Texas National Guard members will find themselves called to State-Active Duty for rescues or humanitarian relief efforts. These proudly serving Texas…more

Employee Rights, Employer Liability Issues, Employment Policies, Military Service Members, USERRA

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Business Interruption Coverage and the Coronavirus

As a result of the Coronavirus, many businesses, large and small, have been forced to close for a time, resulting in a loss of revenue. Commercial property policies often contain business interruption coverage which is intended…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry

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Finding Proportionality in a Phased Approach to E-Discovery

Two recent decisions highlight the usefulness of phased e-discovery as a tool to satisfy Rule 26(b)(1)’s ever-important proportionality requirement. It is worth noting that neither phased discovery nor proportionality are…more

Discovery, e-Discovery Professionals, Electronically Stored Information, FRCP 26(b)(1), Proportionality

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LGPD In Effect: First Civil Action Filed in Brazil

LGPD Now In Effect - After a tumultuous legislative history, as noted in our previous alerts, the Brazilian Senate finally passed into law a revised proposal to remove any delays of the LGPD’s effectiveness. On September 18,…more

Brazil, Cybersecurity, Data Privacy, Data Protection, Data Security

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7 KEY TAKEAWAYS: Recent Trends in ITC Practice

2021 has been a year of changes internationally and the International Trade Commission (ITC) has not remained untouched. In a presentation last month members of Kilpatrick Townsend’s ITC litigation group discussed recent trends…more

Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Patent Infringement, Patents, Trademark Infringement

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New DOL Rule Updates Manner in Which Prevailing Wages are Calculated for Federally Funded Construction Projects

The United States Department of Labor (“DOL”) finalized a rule today changing how prevailing wage rates are calculated on federal contracts subject to the Davis-Bacon Act and related regulations…more

Construction Industry, Construction Project, Davis-Bacon Act, Department of Labor (DOL), Federal Contractors

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10 Key Takeaways - Navigating Litigation Under the Biologics Price Competition and Innovation Act BPCIA

On January 11, 2024, Kilpatrick Partner April Isaacson and Counsel Yifan Mao presented “Navigating Litigation Under the Biologics Price Competition and Innovation Act (BPCIA)” to entrepreneurs in the Chinese life science…more

Biosimilars, BPCIA, Competition, Patent Infringement, Patent Litigation

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The Carrot & The Stick: New Voluntary Self-Disclosure Program for Government Contractor Fraud May Increase Disclosures by Individuals

Government contractors are no stranger to disclosure obligations.  Since it went into effect in December 2008, the Federal Acquisition Regulation (FAR) Mandatory Disclosure Rule has been the stick the Government has used to…more

Department of Justice (DOJ), Federal Acquisition Regulations (FAR), Federal Contractors, Non-Prosecution Agreements, Self-Disclosure Requirements

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New MHPAEA Compliance Requirements FAQs Released

The Consolidated Appropriations Act, 2021 amended the Mental Health Parity and Addiction Equity Act (“MHPAEA”) to add several provisions designed to facilitate and strengthen compliance with that law. Among other things, group…more

Employee Benefits, Employer Group Health Plans, Mental Health, MHPAEA, Substance Abuse

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Update on Winding Down Russian Patents

Winding down patents in Russia is no longer mandatory for U.S. companies. On May 5, 2022, the U.S. government declared an exemption to its unprecedented barrage of sanctions on Russia. Without the exemption, the broad and…more

Economic Sanctions, Intellectual Property Protection, Office of Foreign Assets Control (OFAC), Patents, Russia

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Appointment of PTAB Judges Unconstitutional per Federal Circuit

On Halloween, the Federal Circuit held that the appointment of PTAB judges was unconstitutional, and struck down a provision of the Patent Act that made it difficult to remove PTAB judges. Their solution was limited to allowing…more

Administrative Patent Judges, Appointments Clause, Constitutional Challenges, Final Written Decisions, Inter Partes Review (IPR) Proceeding

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Supreme Court Resolves Circuit Split

On March 4, 2019, the United States Supreme Court held that the Copyright Office must grant registration of a copyright before a plaintiff can bring an infringement lawsuit, rejecting the view that an application alone is a…more

Appeals, Copyright, Copyright Infringement, Copyright Registration, Fourth Estate Public Benefit Corp v Wall-Street.com LLC

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When to Obtain Opinions of Counsel to Avoid Willful Infringement Guidance for In-House Counsel

Recent decisions illustrate situations where courts find “egregious” conduct under the Supreme Court’s Halo standard, and an opinion should be obtained to mitigate the risk of enhanced damages/ willful patent infringement…more

Corporate Counsel, Enhanced Damages, Inter Partes Review (IPR) Proceeding, Patent Infringement, Willful Infringement

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SEC Adopts New Share Repurchase Disclosure Rules

On May 3, 2023, the Securities and Exchange Commission adopted amendments to modernize the disclosure requirements relating to repurchases of an issuer’s equity securities. The amendments are intended by the SEC to “improve…more

10b5-1 Plans, Disclosure Requirements, Form 10-K, Form 10-Q, Regulation S-K

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When Does an Idled Facility Become “New” Under the Clean Air Act?

The U.S. Court of Appeals for the Third Circuit recently rejected EPA’s application of its “Reactivation Policy” to a St. Croix, USVI refinery, finding that a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD)…more

Clean Air Act, Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA)

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5 Key Takeaways | Optimizing Retirement Plan Investment Committee Performance

Members of Kilpatrick’s Employee Benefits and Investment Management Teams recently presented a webinar on the topic of “Optimizing Retirement Plan Investment Committee Performance.” The discussion was focused on helping…more

Employee Benefits, Fiduciary Duty, Investment Adviser, Retirement, Retirement Plan

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Second Circuit Becomes the Second Federal Appeals Court to Hold That Title VII Prohibits Sexual Orientation Discrimination

On February 26, 2018, the U.S. Court of Appeals for the Second Circuit became the second federal appeals court to rule that Title VII of the 1964 Civil Rights Act (“Title VII”) bars employers from discriminating on the basis of…more

Civil Rights Act, Employer Liability Issues, Hiring & Firing, Sex Discrimination, Sexual Orientation

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North Carolina General Assembly Update - October 2023 #4

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, Redistricting, State and Local Government

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The Evolution of the Hybrid Workplace

The workplace was permanently altered in March 2020, when an unprecedented global pandemic uprooted the traditional ways that companies thought and operated. What was initially expected to be a momentary pause in normal…more

Coronavirus/COVID-19, Electronic Communications, Email, Employer Liability Issues, Remote Working

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The Supreme Court Leaves Skinny Labels to Another Day

The Supreme Court recently rendered two important decisions for the biopharma industry. In the first decision, the Supreme Court ruled on enablement of genus claims for therapeutic antibodies, unanimously affirming the Federal…more

Amgen, Biopharmaceutical, Generic Drugs, Labeling, Manufacturers

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Platform-Agnostic Search Mojo!

Searching is a core e-discovery skill that has been a part of the legal case landscape for about two decades now. Throughout that time, the fundamental capabilities for keyword searching have not changed much. Keyword searching…more

Discovery, e-Discovery Professionals, Electronically Stored Information, Keyword Search

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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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Georgia Joins Regional and National Trend by Enacting State Law to Regulate Decommissioning of Solar Farms

Background and General Provisions - Governor Brian Kemp recently signed House Bill 300 (the “Act”), which amends the Solar Power Free-Market Financing Act of 2015 by adding decommissioning requirements that must be included…more

Decommissioned Facilities, Energy Projects, Renewable Energy, Solar Energy, Solar Farm

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COVID-19 Changes to OSHA Investigation and Enforcement Policies and EEOC Suspends Right to Sue Notice Deadlines

As state and federal agencies continue to respond to the evolving COVID-19 public health crisis, the Occupational Safety and Health Administration (OSHA) and the U.S. Equal Employment Opportunity Commission (EEOC) have recently…more

Coronavirus/COVID-19, Enforcement Guidance, Equal Employment Opportunity Commission (EEOC), OSHA

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New Rules Center On Multi-Investigations & 100-Day Proceedings Before the U.S. International Trade Commission

The U.S. International Trade Commission just published amendments to its rules of practice and procedure (“Commission Rules”), which will be effective for all Section 337 unfair importation investigations instituted after June…more

Administrative Law Judge (ALJ), Imports, Intellectual Property Protection, International Trade Commission (ITC), New Rules

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High Court Tax Refund Ruling Indicates State Law Authority

On Feb. 25, The U.S. Supreme Court issued its decision in Rodriguez v. Federal Deposit Insurance Corp., a case involving a dispute between (1) the trustee in bankruptcy of a defunct bank holding company, and (2) the FDIC, as…more

Bank Holding Company, Banking Sector, FDIC, Income Taxes, Tax Refunds

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Impact of the COVID-19 Pandemic on Force Majeure Defenses Under California Law

We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance (here and here) and recently analyzed the force majeure defense under Georgia, New…more

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

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10 Key Takeaways - Reflections on the 2023 ANA Masters of Advertising Law Conference

The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising law”…more

Advertising, Endorsements, False Advertising, Federal Trade Commission (FTC), FTC Endorsement Guidelines

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Foreign Lost Profits for Infringement of US Patents

In a 7-2 opinion authored by Justice Thomas, the U.S. Supreme Court held that patentees can “recover for lost foreign profits” when a defendant “ships components of a patented invention overseas to be assembled there” in…more

Intellectual Property Protection, Lost Profits, Patent Infringement, Patent Litigation, Patents

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Replies in Inter Partes Review – How Far is Too Far?

Parties in inter partes review proceedings often dispute whether a reply to a patent owner response is truly responsive or instead an attempt to introduce new arguments that are not reasonably tied to those set out in the…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patents, Prior Art

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Orphan Drug Act Reform: Will the Loophole be Closed During the Biden Administration?

The U.S. House of Representatives generated buzz in November 2020 when it passed a bill aimed at removing a loophole in the Orphan Drug Act. Although the bill did not make it far in the Senate, the bipartisan legislative push…more

Biden Administration, Food and Drug Administration (FDA), Orphan Drugs, Pharmaceutical Industry, Prescription Drugs

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Mission Product Holdings Inc v Tempnology LLC First Circuit on a Mission Reverses Bankruptcy Appellate Panel

Anyone who practices bankruptcy or intellectual property law and follows the intersection of the two knows Congress responded to the Fourth Circuit’s ruling in Lubrizol by enacting 11 U.S.C. § 365(n) (“Section 365(n)”). Section…more

Bankruptcy Court, Commercial Bankruptcy, Executory Contracts, IP License, License Agreements

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Arizona v. Navajo Nation

The Majority Opinion - Last Thursday, the United States Supreme Court issued its opinion in Arizona v. Navajo Nation, the third Supreme Court Indian law decision in the last two weeks. Released on the heels of a major tribal…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Treaty Rights

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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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California Online Tracking Lawsuits Shift Away from Wiretap Theory Toward Pen Register Theory (Updated)

For the past several years, website owners that gather data from California residents have faced a surge in class action lawsuits and threatened lawsuits alleging violations of the California Invasion of Privacy Act (CIPA)…more

CIPA, Electronic Communications, Invasion of Privacy, Web Tracking, Website Owner Liability

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Financial Protection for Health Care Providers and Health Care Insurance for Workers

Part II - Access to Health Care for COVID-19 Patients Subpart A—Coverage of Testing and Preventive Services SEC. 3201. Coverage of Diagnostic Testing for COVID-19. Health plans and health insurers must cover any “qualifying…more

Coronavirus/COVID-19, Health Care Providers, Health Insurance, Virus Testing

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Alert: Executive Order on Preventing Access to Americans’ Bulk Sensitive Data and Government-Related Data

Late today the White House issued its Executive Order significantly enhancing the protection of Americans' bulk sensitive personal data from access by countries deemed as threats. It establishes a comprehensive framework to…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Personal Data

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Immoral and Scandalous Trademarks

On January 4, 2019, the U.S. Supreme Court granted a petition for certiorari filed by the U.S. Patent and Trademark office in Iancu v. Brunetti. The USPTO seeks to overturn the Federal Circuit’s ruling that the prohibition on…more

Certiorari, Disparagement, First Amendment, Free Speech, Iancu v. Brunetti

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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, Native American Issues, Tribal Lands

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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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Can contracting authorities limit the volume that can be outsourced to subcontractors in procured

On 27 November 2019, the European Court of Justice (“CJEU”) issued a decision in Tedeschi Srl and Others v C.M. Service Srl and Università degli Studi di Roma La Sapienza, Case 402/18 ECLI:EU:C:2019:1023. The case is one in a…more

Court of Justice of the European Union (CJEU), EU, Federal Contractors, Subcontractors

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5 Key Takeaways - Open Source Software and Export Control in the Emerging Generative AI Space

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. Firm attorneys led two days of interactive discussions with clients on the latest developments in…more

Artificial Intelligence, Export Administration Regulations (EAR), Export Controls, ITAR, Open Source Software

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Department of Labor Releases FFCRA Regulations as Law Becomes Effective Nationwide

As we wrote about previously (here), the Families First Coronavirus Response Act (“FFCRA” or “the Act”) which was signed into law on March 18, 2020, became effective nationwide on April 1, 2020. The same day, the U.S. Department…more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave

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KT Sound Bytes Episode 1 | The Effects of the Supreme Court Decision in Liu v. SEC

We're pleased to announce the launch of our podcast, KT Sound Bytes! Our first episode features Partner Adria Perez and Associate Jessica Nwokocha, with assistance from Summer Associate Davis Brooke Caswell, discussing the…more

15 U.S.C. § 78u(d)(5), Administrative Authority, Bribery, Business Expenses, Calculation of Damages

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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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Spring 2024 – What Privacy Professionals Need to Know and Do Now in the U.S. – Part III

This year is proving to be just as an important year for privacy professionals as 2023. In our third installment of what privacy pros should know, we provide you with some highlights about the following important developments in…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA)

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SEC Adopts New Climate-Related Disclosure Rules Without Scope 3 Greenhouse Gas Disclosure Requirement

After much anticipation, the Securities and Exchange Commission (SEC) adopted last week its climate-related disclosure rules. The adoption of the rules included a press release available here and a fact sheet available here. The…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

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KTalks - Q&A with Taylor Ludlam, Executive Director – Global Litigation at Lenovo

Welcome to KTalks. This series reaches out to leaders in the business and legal communities with five questions to seek their insight on matters ranging from how law firms work with in-house counsel to tips on mentoring new…more

In-House Perspective, Law Firm Partners, Law Practice Management, 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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Solar Panels & Other Energy-Saving Facilities: Can You Approve Installation & PACE Financing?

Question: Borrower has requested the consent of lender with respect to the following: (1) the construction and installation of a new solar system to be installed on the roof at the collateral property to provide electricity to…more

Borrowers, Clean Energy, Loan Servicer, Loans, PACE

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SCOTUS Ruling Sets Standard for Title VII Suits Over Job Transfers

On Wednesday, April 17, 2024, the U.S. Supreme Court issued a ruling in Muldrow v. St Louis, No. 22-193, resolving a circuit split and holding Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discriminatory job…more

Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination, Employment Litigation

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We Are Family – I’ve Got All My Sisters’ Discovery Obligations and Me

“We are family.” If you are like many people, you can’t read those words without singing them. Unlike the joyous refrains of Sister Sledge, however, the idea of family may take on a more ominous tone when viewed in the context…more

Discovery, Document Productions, Duty to Preserve, Electronically Stored Information, Motion to Compel

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5 Key Takeaways | Optimizing Retirement Plan Investment Committee Performance

Members of Kilpatrick’s Employee Benefits and Investment Management Teams recently presented a webinar on the topic of “Optimizing Retirement Plan Investment Committee Performance.” The discussion was focused on helping…more

Employee Benefits, Fiduciary Duty, Investment Adviser, Retirement, Retirement Plan

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

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

Advertising, Environmental Claims, Marketing, NAD

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5 Key Takeaways | How Young Lawyers Can Sharpen Their Trial Skills

On October 20, Kilpatrick Townsend’s partner Vince Parrett, McManis Faulkner partner Elizabeth Pipkin, and three distinguished Santa Clara County Superior Court Judges Roberta S. Hayashi, Sunil R. Kulkarni, and Joanne McCracken…more

Litigation Strategies, Professional Development, Trial Attorneys, Trial Practice Guidance, Trial Preparation

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Bringing Abuse of Dominance to the United States: New York’s Proposed Amendments to The Donnelly Act Would Broaden Antitrust Liability

Let me begin by saying “I love New York!” But the recently proposed amendments to its antitrust laws? Not so much. Under the guise of placing New York antitrust enforcers on parity with their federal counterparts by giving…more

Abuse of Dominance, Antitrust Provisions, Donnelly Act, Proposed Amendments, Resale Price Maintenance (RPM)

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USPTO Guidance on the Inventorship of AI-Assisted Inventions Highlights Need for Significant Human Contributions

The US Patent and Trademark Office (USPTO) recently issued new Inventorship Guidance for AI-Assisted Inventions (“Guidance”), effective as of February 13, 2024. The Guidance is a result of President Biden’s Executive Order on…more

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

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Key Takeaways: IP 101 for Non-IP Counsel

Kilpatrick Townsend Partner Allisen Pawlenty-Altman and Associate Kate Gaudry Ph.D. recently participated in an interactive panel — “Technology and IP Forum: IP 101 for Non-IP Counsel” — presented by the National Capital Region…more

Copyright, Domain Names, Intellectual Property Protection, Patents, Trade Secrets

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Financial Protection for Health Care Providers and Health Care Insurance for Workers

Part II - Access to Health Care for COVID-19 Patients Subpart A—Coverage of Testing and Preventive Services SEC. 3201. Coverage of Diagnostic Testing for COVID-19. Health plans and health insurers must cover any “qualifying…more

Coronavirus/COVID-19, Health Care Providers, Health Insurance, Virus Testing

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Advancing the Law Against Knock-Offs

Background and Overview: In September 2015, Coty, along with its licensors Calvin Klein, Vera Wang, and Lady Gaga, filed a lawsuit in U.S. District Court for Southern District of New York against Excell Brands, LLC, a…more

Dilution, Knockoffs, Trademark Infringement, Trademarks

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De-Risking Renewable Energy Projects: Identifying and Avoiding Contractual, Economic, Legal, and Regulatory Pitfalls

The world’s renewable energy grew by 50% to 510 gigawatts (GW) in 2023, the 22nd year in a row that renewable capacity additions set a record, according to figures from the recent IEA Report of January 2024. The Inflation…more

Electricity, Energy Projects, Energy Sector, Renewable Energy

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QPAM Amendment: What Plan Fiduciaries Need to Know

The Department of Labor (“DOL”) issued the final amendment to the qualified professional asset manager (“QPAM”) prohibited transaction class exemption on April 3, 2024, with an effective date 75 days later (i.e., June 17, 2024)…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, QPAM

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Intellectual Property Developments from the U.S. Executive Order on Artificial Intelligence

The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”), issued on October 30, 2023, includes many initiatives relating to the development and use of artificial…more

Artificial Intelligence, Copyright, Executive Orders, Intellectual Property Protection, Inventors

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3 Key Takeaways - PTAB Update: Recent Developments in IPR and PGR Practice

Kilpatrick Townsend attorneys Allison Dobson, Nicki Kennedy, and Troy Petersen recently presented “PTAB Update: Recent Developments in IPR and PGR Practice” at the firm’s Kilpatrick Townsend Intellectual Property Seminar…more

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

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Sidebars Podcast | Taylor Pfingst: Glass Ceilings Are Meant to be Broken

In this episode, hosts April Abele Isaacson and Kate Geyer welcome a special cohost—fellow Kilpatrick Townsend patent litigator Taylor Pfingst—to discuss recent data on how law firms are doing on diversity, equity and inclusion,…more

Diversity, Firm Leadership, Law Firm Associates, Law Firm Partners, Law Practice Management

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4 Key Takeaways | Harnessing the Inflation Reduction Act: Driving Investments in Renewable Energy and Carbon Reduction

Kilpatrick’s John Pierce recently discussed “Harnessing the Inflation Reduction Act: Driving Investments in Renewable Energy and Carbon Reduction” at the firm’s Houston 2024 In-House Counsel Summit. The summit featured…more

Energy Projects, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits, IRS

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Department of Energy Solicits Information on AI

On March 1, 2024, the Department of Energy (“DOE”) published a Request for Information (“RFI”) Related to DOE’s Responsibilities on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. Comments…more

Artificial Intelligence, Comment Period, Department of Energy (DOE), Energy Sector, Power Grid

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The More You Claim, The More You Must Enable – The Supreme Court rules that Amgen’s Genus-Level Antibody Claims Lack Enablement

In a unanimous opinion announced on Thursday, May 18, 2023, the Supreme Court affirmed a Federal Circuit opinion invalidating claims in two patents owned by drugmaker Amgen for failing to properly enable claims directed to…more

Amgen, Patent Infringement, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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Impact of the COVID-19 Pandemic on Force Majeure Defenses Under New York Law

Force majeure is a defense to non-performance of contractual obligations because of an “act of God” event or other event beyond the parties’ control. The COVID-19 pandemic, declarations of emergency, and issuance of…more

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

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New Rules Center On Multi-Investigations & 100-Day Proceedings Before the U.S. International Trade Commission

The U.S. International Trade Commission just published amendments to its rules of practice and procedure (“Commission Rules”), which will be effective for all Section 337 unfair importation investigations instituted after June…more

Administrative Law Judge (ALJ), Imports, Intellectual Property Protection, International Trade Commission (ITC), New Rules

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6 Key Takeaways from Mission Product vs. Tempnology for Brand Licensing and Franchising

Kilpatrick Townsend’s Paul Rosenblatt and David Posner, bankruptcy partners, and Marc Lieberstein, a brand licensing and franchise partner, recently published an article in the New York State Bar Association Intellectual…more

Bankruptcy Code, Commercial Bankruptcy, Debtors, IP License, Mission Product Holdings Inc v Tempnology LLC

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

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

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

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5 Key Takeaways - Mitigating the Costs and Risks of Source Code and Email Discovery

Kilpatrick’s Dean Powell and Kim Byrd recently presented “Mitigating the Costs and Risks of Source Code and Email Discovery” at the firm’s annual 2024 Advanced Patent Law Seminar. This full-day seminar featured discussions on…more

Discovery, e-Discovery Professionals, Electronically Stored Information, Email, Patent Litigation

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4 Key Takeaways | Mid-Year Tax Update

On June 22, 2021, Kilpatrick Townsend Tax attorneys Lynn Fowler, Heather Preston, Rob Daily, and Jeff Reed participated in a mid-year tax update webinar hosted by the firm. The webinar discussed recent tax issues in the federal…more

Carried Interest, Federal Taxes, Income Taxes, Pass-Through Entities, State Taxes

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5 Fundamental Differences Between U.S. and U.K. Construction Law

Kilpatrick Townsend’s Larry Prosen recently joined other expert panelists at a Washington Building Congress webinar to discuss the topic of “So Close and Yet So Far – Some Fundamental Differences Between U.S. and U.K…more

Arbitration, Construction Disputes, Construction Industry, Construction Litigation, Construction Project

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SCOTUS Ruling Sets Standard for Title VII Suits Over Job Transfers

On Wednesday, April 17, 2024, the U.S. Supreme Court issued a ruling in Muldrow v. St Louis, No. 22-193, resolving a circuit split and holding Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discriminatory job…more

Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Discrimination, Employment Litigation

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Rule 702 has been amended to clarify the burden of proof and the trial court’s gatekeeping role

Effective December 1, 2023, Federal Rule of Evidence 702 has been amended to address the standard for admission of expert opinion testimony. The amendments confirm that the trial judge, in its gatekeeping role, must determine…more

Burden of Proof, Evidence, Expert Testimony, Rule of Evidence 702

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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: Trends in Patent Law: Data and Observations on Patent Litigation and Prosecution

Kilpatrick Townsend partners Tina McKeon and David Reed recently presented to clients at the Kilpatrick Townsend Intellectual Property Seminar (KTIPS) about “Trends in Patent Law: Data and Observations on Patent Litigation and…more

Patent Litigation, Patent Trial and Appeal Board, Patents, Post-Grant Review, Section 101

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5 Key Takeaways - SALT and Multinational Businesses

On June 2nd, Kilpatrick Townsend State and Local Tax partner Jeff Reed participated in a Strafford webinar titled SALT and Multinational Businesses. The webinar discussed state and local tax consequences of international…more

Foreign Commerce Clause, Income Taxes, Local Taxes, Multinationals, SALT

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7 KEY TAKEAWAYS: Recent Trends in ITC Practice

2021 has been a year of changes internationally and the International Trade Commission (ITC) has not remained untouched. In a presentation last month members of Kilpatrick Townsend’s ITC litigation group discussed recent trends…more

Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Patent Infringement, Patents, Trademark Infringement

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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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The Hidden Risk for Lenders for Implied Fiduciary Duty

Fiduciary duty may be implied in certain “special circumstances where a lender (i) takes on “extra services” for the borrower, (ii) receives greater economic benefit from a typical transaction; or (iii) exercises extensive…more

Banking Sector, Banks, Borrowers, Fiduciary Duty, Lenders

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Collaboration and Joint Inventorship: Who Invented this Biologic?

Background - The patent statute recognizes that an invention may be jointly invented, however, there is no definition of inventorship in the patent statute. For this reason, the courts have been left to determine what…more

Intellectual Property Protection, Inventors, Patent Applications, Patents

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TCPA: Reversing panel decision, full Eleventh Circuit finds single text message sufficient to establish TCPA standing

Takeaway: In Drazen v. Pinto, 74 F.4th 1336 (11th Cir. 2023) (en banc), the Eleventh Circuit held a single “unwanted, illegal” text message sufficient to establish concrete injury for standing purposes. This holding effectively…more

Article III, Class Action, Injury-in-Fact, Standing, TCPA

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Ninth Circuit summarily reverses exclusion of conjoint survey with “major flaws”

Takeaway: Following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the ability of a class action plaintiff to win class certification can often rise or fall with the plaintiff’s ability to…more

Class Action, Class Certification, Comcast v. Behrend, Damages

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False advertising class actions – absent evidence that reasonable consumers were likely to be misled, Seventh Circuit affirms summary judgment in favor of defendant

Takeaway: To survive summary judgment, a false-advertising plaintiff must offer evidence that the challenged representations are likely to mislead a reasonable consumer. In Weaver v. Champion Petfoods USA Inc., --- F.4th ----,…more

Advertising, Class Action, False Advertising, Labeling, Marketing

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Climate Change Comes for Remedial Measures – Planning for Corrective Action under Climate Threats and EPA Recent Guidance

Four years ago, President Biden ran on an ambitious climate action agenda and the Biden/Harris Administration, from the first day in office, has a laser focus on tackling the “climate crisis,” On January 27, 2021, the…more

CERCLA, Climate Change, Environmental Justice, Environmental Protection Agency (EPA), RCRA

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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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The DOE, LPO, and Inflation Reduction Act Incentivize Significant Tribal Energy Development

Pound-for-pound, Tribes have the potential to be among the United States’ most prolific clean energy developers. Tribal lands, which compose approximately 5.8% of the total land area in the contiguous United States, have the…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Energy Tax Incentives

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6 Key Takeaways | Whistleblower Programs: How the U.S. Government Seeks to Create a Speak-Up Culture & Parts of the World Want One Too

Kilpatrick Townsend Partners Adria Perez and Hillary Rightler recently presented "Whistleblower Programs: How the U.S. Government Seeks to Create a Speak-Up Culture & Parts of the World Want One Too". These are the 6 Key…more

Incentives, Securities and Exchange Commission (SEC), Speak-up Cultures, Whistleblower Awards, Whistleblower Protection Policies

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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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Tips for Managing E-Discovery in a Large, Complex Litigation - Part One: Identification and Preservation of Data

This blog is part one of several regarding how to effectively and efficiently manage electronic discovery in large, complex litigation (we anticipate four parts but that could change over time). Between us, we have 25 years of…more

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

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Trump’s Tribal Agenda – The Warning Lights Are Flashing

Assistant Secretary Tara Sweeney joined the Department of the Interior a few weeks ago and inherited a tribal agenda that has sent shockwaves through tribal communities. In the first days of his administration, President Trump…more

Native American Issues, Oil & Gas, Pipelines, Tribal Lands, Trump Administration

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North Carolina Pauses Certain Evictions Utility Shut-Offs and Late Fees

On May 30, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 142 extending prohibitions preventing landlords from evicting residential tenants, evicting commercial tenants for payment defaults caused by the…more

Coronavirus/COVID-19, Eviction, Executive Orders, Governor Cooper, Landlords

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88th Texas Legislature Enacts House Bill 19, Creating New Business Court System

The 88th Texas Legislature has enacted House Bill 19, which currently awaits Governor Greg Abbott’s signature. A significant piece of legislation affecting the state judiciary, HB 19 amends the Texas Government Code by creating…more

Business Court, Complex Litigation, Governor Abbott, Jurisdiction, New Legislation

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Iowa Proposes State-Specific Best Interest Rules for Insurance and Securities Businesses (Updated)

UPDATE: As of December 30, 2020, Arizona, Arkansas, Michigan, and Rhode Island have joined Iowa in adopting the NAIC model rule for best interest standard in annuity sales. Alabama, Delaware, Kentucky, Maine, Nevada and Ohio…more

Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Investment Adviser, NAIC, Registered Representatives

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88th Texas Legislature Enacts House Bill 19, Creating New Business Court System

The 88th Texas Legislature has enacted House Bill 19, which currently awaits Governor Greg Abbott’s signature. A significant piece of legislation affecting the state judiciary, HB 19 amends the Texas Government Code by creating…more

Business Court, Complex Litigation, Governor Abbott, Jurisdiction, New Legislation

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The Competing Factors Driving ESG Disclosures

There has been mounting pressure on mandatory ESG disclosure in recent years that may reach a precipice in 2021 with a new SEC Chairman. The forces driving this pressure include institutional investors, fiduciary duties, proxy…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Institutional Investors, Investors

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SEC Adopts New Climate-Related Disclosure Rules Without Scope 3 Greenhouse Gas Disclosure Requirement

After much anticipation, the Securities and Exchange Commission (SEC) adopted last week its climate-related disclosure rules. The adoption of the rules included a press release available here and a fact sheet available here. The…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

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Understanding the Illinois Paid Leave for All Workers Act – A Comprehensive Overview

Effective January 1, 2024 - In an effort to address the evolving needs of the workforce and promote a healthier work-life balance, the state of Illinois has taken a significant step by enacting the Paid Leave for All Workers…more

Employer Liability Issues, Paid Leave, Proposed Rules, Sick Leave, State Labor Departments

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TM Client Advisory on Changes to US Trademark Prosecution at the USPTO Effective February 15, 2020

Executive Summary: Changes to the Trademark Rules of Practice at the U.S. Patent and Trademark Office (USPTO) are going into effect on February 15, 20201: I.Trademark specimens showing use of a mark on a web page will need to…more

Intellectual Property Protection, Trademarks, USPTO, Websites

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CARES Act - Bankruptcy - Relief for Small Business and Individual Debtors

CARES Act | Senate HR 748, 116, 2d., Section 1113 (the “CARES Act”) - Summary as of noon on March 26, 2020. Section 1113 – Bankruptcy..…more

CARES Act, Commercial Bankruptcy, Consumer Bankruptcy, Coronavirus/COVID-19, Small Business

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Supreme Court Grants Amgen’s Petition for Certiorari to Reconsider Enablement of Genus Claims

Last week, the Supreme Court granted Amgen’s petition for certiorari to reconsider the enablement requirement for genus claims. The Supreme Court will review whether the Federal Circuit panel in Amgen v. Sanofi improperly…more

Amgen, Certiorari, Genus, Patent Litigation, Patents

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Bioinformatics – Eligibility Challenges for Inventions at the Intersection Of Biology and Software: Part 2

(Part 2 of a 4 Part Series) - The application of innovative data driven approaches such as bioinformatics and artificial intelligence to the life science sector has brought about a change in way that biological inventions can…more

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

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Cannabis Rescheduling (I to III): Truth v. Fiction

The news has been a flurry of information and excitement following confirmed reports that the U.S. Drug Enforcement Administration (“DEA”) will soon propose a new rule to reschedule cannabis from a Schedule I controlled…more

Controlled Substances Act, DEA, Department of Health and Human Services (HHS), IRC Section 280E, Marijuana

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Patent Application Drafting Strategies in view of Recent 35 U.S.C. § 101 Decisions

Practitioners’ hopes (or fears) that the Supreme Court would clarify what constitutes patent-eligible subject matter under 35 U.S.C. § 101 were dashed in May when the Supreme Court denied certiorari in Interactive Wearables, LLC…more

Intellectual Property Protection, Patent Applications, Patent Litigation, Patent-Eligible Subject Matter, Patents

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SEC Issues Guidance for Investment Advisory Firms That Accepted PPP Loans

Many registered investment advisers (“RIAs”) have obtained loans guaranteed by the U.S. Small Business Administration (SBA) under the Paycheck Protection Program (“PPP”). Applicants for PPP loans were required to make certain…more

Coronavirus/COVID-19, Disclosure Requirements, Form ADV, Investment Adviser, Paycheck Protection Program (PPP)

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Arizona v. Navajo Nation

The Majority Opinion - Last Thursday, the United States Supreme Court issued its opinion in Arizona v. Navajo Nation, the third Supreme Court Indian law decision in the last two weeks. Released on the heels of a major tribal…more

Arizona v Navajo Nation, Native American Issues, Navajo Nation, SCOTUS, Tribal Treaty Rights

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Sidebars Podcast | Vision 2022 | Take Charge of Your Career

In this episode, guest host Stephanie Sanders, Global Patent Operations Chief at Kilpatrick Townsend, speaks with two professional development experts about how to become the CEO of your legal career…more

Career Development, Firm Leadership, Law Firm Associates, Law Firm Partners, Mentors

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IRS (Permanently) Allows Digital Signatures for Section 83(b) Elections

Good news ­– the IRS announced that it will allow taxpayers to make and file Section 83(b) elections with a digital signature. This decision makes permanent a practice that the IRS temporarily allowed during the COVID-19…more

E-Signatures, IRC Section 83(b), IRS, Tax Forms

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SEC Approves Nasdaq Board Diversity and Diversity Reporting Rules (Updated)

(updated on August 20, 2021) - On August 6, 2021, the U.S. Securities and Exchange Commission formally approved Nasdaq’s proposed listing rules regarding board diversity and diversity reporting. The rules, which were…more

Board of Directors, Corporate Governance, Diversity, LGBTQ, Nasdaq

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Protecting Antibody Innovations: Searching for Equivalents under The Doctrine of Equivalents —A Discussion of Teva v. Eli Lilly and beyond

United States courts have recently tightened the written description requirements for antibody claims. The scope of issued claims is now often limited to antibodies with specific sequences of the CDR and the heavy chain and…more

Doctrine of Equivalents, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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HHS Aligns Part 2 Rules with the HIPAA Privacy Rules – Effects on Self-Insured Plan Sponsors

In a December 2023 blog post, we discussed the HHS proposed revisions to the Part 2 regulations and that finalization of those regulations was imminent.  On February 8, 2024, HHS through the Substance Abuse and Mental Health…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Department of Health and Human Services (HHS)

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California Expands Its Pay Transparency Law

On September 27, 2022, Governor Gavin Newsom signed Senate Bill (SB) 1162 expanding the scope of California’s existing pay transparency laws. SB 1162 imposes new requirements for pay information in job postings, extends current…more

Employer Liability Issues, Pay Transparency, State Labor Laws, Wage and Hour

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5 Key Takeaways - Litigating in Parallel with the PTAB: Do’s and Don’ts for Concurrent ITC and District Court Litigation

With the same claim construction standards now applied across all forums, what pitfalls await an unsuspecting petitioner or Patent Owner? Kilpatrick Townsend’s Aarti Shah joined other distinguished panelists discussing…more

Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Patent Litigation, Patent Trial and Appeal Board, Patents

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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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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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More Screen Time: SEC Adopts Amendments to Internet-Only Investment Adviser Exemption

On March 27, 2024, the Securities and Exchange Commission (“SEC”) announced amendments to the rule that allows internet-only investment advisers to register with the SEC (the “Rule”). The amended Rule eliminates the current…more

Disclosure Requirements, Form ADV, Investment Adviser, Registered Investment Advisors, Securities and Exchange Commission (SEC)

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ASC 606 and Its Impact on the Franchise Industry

Revenue is a key component of all businesses, including franchisors, and it is important that counsel to franchisors have an understanding of the potential effects that accounting changes relating to revenue recognition can have…more

FASB, Franchise Agreements, Franchise Fees, Franchisee, Franchises

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The Carrot & The Stick: New Voluntary Self-Disclosure Program for Government Contractor Fraud May Increase Disclosures by Individuals

Government contractors are no stranger to disclosure obligations.  Since it went into effect in December 2008, the Federal Acquisition Regulation (FAR) Mandatory Disclosure Rule has been the stick the Government has used to…more

Department of Justice (DOJ), Federal Acquisition Regulations (FAR), Federal Contractors, Non-Prosecution Agreements, Self-Disclosure Requirements

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Exemptions Abound in New Jersey’s New Consumer Privacy Bill

You may be feeling overwhelmed with the thought of having to comply with yet another state privacy law. However, New Jersey’s privacy bill is chock-full of significant exemptions that may ease your organization’s compliance…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Virtual Perspectives: Muting Audio and Video

Muting Audio and Video - It is critical that the participating attorney as well as all witnesses and client representatives be hyper-focused on appropriate muting of audio and video when doing virtual events. Back when…more

Arbitration, Legal Technology, Mediation, Remote Depositions, Remote Hearings

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Foreign Lost Profits for Infringement of US Patents

In a 7-2 opinion authored by Justice Thomas, the U.S. Supreme Court held that patentees can “recover for lost foreign profits” when a defendant “ships components of a patented invention overseas to be assembled there” in…more

Intellectual Property Protection, Lost Profits, Patent Infringement, Patent Litigation, Patents

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5 Key Takeaways | Optimizing Retirement Plan Investment Committee Performance

Members of Kilpatrick’s Employee Benefits and Investment Management Teams recently presented a webinar on the topic of “Optimizing Retirement Plan Investment Committee Performance.” The discussion was focused on helping…more

Employee Benefits, Fiduciary Duty, Investment Adviser, Retirement, Retirement Plan

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Insight into Name Normalization: What Is Your Name?

Assigning a single unique name to identify an individual has created problems that precede the inception of e-discovery. Think of Santa Claus, St. Nicholas, St. Nick, Noel or simply Santa. These variations are associated with a…more

Discovery, Document Review, e-Discovery Professionals, Electronically Stored Information, Legal Technology

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Georgia Joins Regional and National Trend by Enacting State Law to Regulate Decommissioning of Solar Farms

Background and General Provisions - Governor Brian Kemp recently signed House Bill 300 (the “Act”), which amends the Solar Power Free-Market Financing Act of 2015 by adding decommissioning requirements that must be included…more

Decommissioned Facilities, Energy Projects, Renewable Energy, Solar Energy, Solar Farm

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California Expands Its Pay Transparency Law

On September 27, 2022, Governor Gavin Newsom signed Senate Bill (SB) 1162 expanding the scope of California’s existing pay transparency laws. SB 1162 imposes new requirements for pay information in job postings, extends current…more

Employer Liability Issues, Pay Transparency, State Labor Laws, Wage and Hour

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The Attorney Client Privilege: The Corporate Communication Conundrum – PART ONE

“But in-house counsel was copied on the email, isn’t that enough?” When a business faces the prospect of producing documents in litigation, determining which documents are protected by the attorney-client privilege and…more

Attorney-Client Privilege, Corporate Counsel, Discovery, Document Productions, Privilege Logs

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Unanimous Supreme Court Confirms and Expands Tribal Government Powers

The United States Supreme Court held unanimously in United States v. Cooley, 593 U.S. ___ (2021), that Indian tribes possess inherent authority to detain temporarily and to search non-Indian persons traveling on public…more

Drug Possession, Jurisdiction, Motion To Suppress, SCOTUS, Tribal Governments

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Another Win for Clean Energy in the Carolinas

Kilpatrick Townsend client Carolinas Clean Energy Business Association (CCEBA) won another resounding victory for its members before the South Carolina Public Service Commission, which on June 17 granted CCEBA’s request to…more

Clean Energy, Energy Sector, Solar Energy, State and Local Government

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5 Key Takeaways - A Cost-Effective Patent Strategy for Startups

Kilpatrick Townsend’s Yifan Mao, MSc, and Joseph Snyder, Ph.D., JD, recently provided a presentation at Daybreak Labs on the topic of “A Cost-Effective Patent Strategy for Startups.” The presentation covered intellectual…more

Intellectual Property Protection, Patents, SBIRs, Startups, STTR

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The SEC Adopts Amendments to Regulation Crowdfunding

On November 2, 2020, the Securities and Exchange Commission adopted amendments to expand Regulation Crowdfunding by increasing offering limits, revising certain investment limits and permitting the use of certain special purpose…more

Amended Regulation, Crowdfunding, Investment, Investors, Securities and Exchange Commission (SEC)

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U.S. Supreme Court Halo Decision Rejects Seagate’s High Bar for Treble Damages

In a unanimous decision, on June 13, 2016, the U.S. Supreme Court rejected the CAFC Seagate “objective recklessness” standard and appeal criteria. As is its habit, the Supreme Court has thus taken away relatively clear…more

Enhanced Damages, Halo v Pulse, Patent Infringement, SCOTUS, Seagate

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General Liability Coverage for Cyber Risks Arising from "Publication" of Private Data

Cyber liability issues present constant concerns to individuals and to companies who are custodians of private data. The “hot button” issues presented range from questions regarding data theft, including identity and credit…more

Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Protection, Insurance Industry

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EEOC Guidance Expands the Scope of the Pregnancy Workers Fairness Act and Gives Rise to Subsequent Litigation

On June 27, 2023, the Pregnancy Workers Fairness Act (“PWFA”) went into effect requiring employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnancy Discrimination

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Consumer Financial Protection Bureau Releases Final Rule Limiting Credit Card Late Fees

In March the Consumer Financial Protection Bureau (CFPB) announced a final rule intended to limit late payment fees on consumer credit cards distributed by the larger credit card issuers (the “Final Rule”). The Final Rule, which…more

CARD Act, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Final Rules

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Presentation Skills in a Virtual World

While firms are making decisions about getting back to the office post-pandemic, it appears that video collaboration and presentation is here to stay. At a recent Judges Panel during Relativity's annual conference, it was noted…more

Litigation Strategies, Remote Hearings, Trial Preparation, Virtual Litigation, Zoom®

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4 Key Takeaways - Conjoint Surveys in Class Actions: What You Don’t Know CAN Hurt You

Kilpatrick Townsend’s class action defense specialists Nancy Stagg and Joe Reynolds recently presented a webinar addressing “Conjoint Surveys in Class Actions: What You Don’t Know CAN Hurt You.” They discussed how plaintiffs are…more

Class Action, Class Certification, Comcast v. Behrend, Damages, FRCP 23

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Legal Writing: Font Requirements Across the Country

Two months ago, on March 16, the D.C. Circuit issued a notice on “Preferred Typefaces for Briefs,” in which the court explicitly “discourage[d] the use of Garamond” because it “appears smaller” and is less “legible” than fonts…more

Appellate Briefs, Appellate Rules, Federal Rules of Appellate Procedure, Legal Writing

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More Screen Time: SEC Adopts Amendments to Internet-Only Investment Adviser Exemption

On March 27, 2024, the Securities and Exchange Commission (“SEC”) announced amendments to the rule that allows internet-only investment advisers to register with the SEC (the “Rule”). The amended Rule eliminates the current…more

Disclosure Requirements, Form ADV, Investment Adviser, Registered Investment Advisors, Securities and Exchange Commission (SEC)

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HHS Aligns Part 2 Rules with the HIPAA Privacy Rules – Effects on Self-Insured Plan Sponsors

In a December 2023 blog post, we discussed the HHS proposed revisions to the Part 2 regulations and that finalization of those regulations was imminent.  On February 8, 2024, HHS through the Substance Abuse and Mental Health…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Department of Health and Human Services (HHS)

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SEC Adopts New Climate-Related Disclosure Rules Without Scope 3 Greenhouse Gas Disclosure Requirement

After much anticipation, the Securities and Exchange Commission (SEC) adopted last week its climate-related disclosure rules. The adoption of the rules included a press release available here and a fact sheet available here. The…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

See all updates »

U.S. Supreme Court Halo Decision Rejects Seagate’s High Bar for Treble Damages

In a unanimous decision, on June 13, 2016, the U.S. Supreme Court rejected the CAFC Seagate “objective recklessness” standard and appeal criteria. As is its habit, the Supreme Court has thus taken away relatively clear…more

Enhanced Damages, Halo v Pulse, Patent Infringement, SCOTUS, Seagate

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Revisiting Sanctions and Export Control Compliance in the Face of Conflict

Russia’s recent invasion against Ukraine is prompting the United States (U.S.) and other countries to issue sanctions and restrictions on Russia. Companies that do business in Russia or in the region should take steps to keep up…more

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

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REO Advisor 2018, Vol. 3

This edition of the REO Advisor examines the parameters of the REO holding or “grace period" and explores the limits of reconstruction projects at REO properties…more

Borrowers, Construction Industry, Foreclosure, Grace Period, Mortgages

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Choosing a Damages Methodology for Certain Construction Claims

In any construction dispute resolution process, not only does a claimant have to prove liability of the other party, but the claimant must also prove damages to prevail on its claim. The proof of damages element to prevailing…more

Construction Disputes, Construction Industry, Contractors, Damages

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The Carrot & The Stick: New Voluntary Self-Disclosure Program for Government Contractor Fraud May Increase Disclosures by Individuals

Government contractors are no stranger to disclosure obligations.  Since it went into effect in December 2008, the Federal Acquisition Regulation (FAR) Mandatory Disclosure Rule has been the stick the Government has used to…more

Department of Justice (DOJ), Federal Acquisition Regulations (FAR), Federal Contractors, Non-Prosecution Agreements, Self-Disclosure Requirements

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Health Care's Expanding Landscape of Criminal Anti-Bribery Enforcement

Two months ago, in federal district court in Ft. Lauderdale, Jonathan and Daniel Markovich were sentenced to respective terms of imprisonment of 188 months and 97 months. The brothers had been convicted by a jury in late 2021 in…more

Anti-Bribery, Anti-Kickback Statute, Bribery, Criminal Prosecution, Department of Justice (DOJ)

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USPTO Issues Supplemental Guidance on Design Patent Protection for Computer-Generated Electronic Images

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images. The guidance was provided to the patent…more

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

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3 Key Takeaways - From the New York City Bar Association's 2024 Intellectual Property Institute

Kilpatrick was honored to be a Platinum sponsor of the New York City Bar Association’s 2024 Intellectual Property Institute. Jonathan W. Thomas, Megan E. Bussey, Sindy Ding-Voorhees, and Anna Antonova represented Kilpatrick at…more

Artificial Intelligence, Bar Associations, Copyright Registration, Intellectual Property Protection, Patents

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Utility Models: Economical, Efficient, and Enforceable Patent Protection

Obtaining a traditional utility patent is often a long and strenuous process. Although fast track prosecution procedures may be available, they are often costly and cumbersome. But entrepreneurs often want to obtain patent…more

Intellectual Property Protection, Inventions, Inventors, Patent Applications, Patent Ownership

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San Francisco Issues Emergency Sick Leave Ordinance for Employers of 500+ Employees

On April 17, 2020, San Francisco Mayor London Breed signed into law the San Francisco Public Health Emergency Leave Ordinance (PHELO or Ordinance), adding San Francisco to the growing list of local jurisdictions issuing their…more

Local Ordinance, Paid Leave, Sick Leave, Wage and Hour

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Participation of Long-Term, Part-Time Employees in 401(k) Plans

One of the goals of the Setting Every Community Up for Retirement Enhancement Act (the “SECURE Act”), which was passed in late 2019, was to increase participation in 401(k) plans. In this regard, Section 112 of the SECURE Act…more

401k, Compensation & Benefits, Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement Plan

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Sidebars Podcast | Looking Back on Season One

In this episode, hosts April Abele Isaacson and Kimberlynn Davis along with the podcast’s producer, Kristina Travaillot, reflect on the first season of the Sidebars podcast and provide a preview of Season Two…more

Diversity, Intellectual Property Litigation, Intellectual Property Protection, Patent Litigation, Patents

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CFPB Publishes Outline Detailing Planned Data Broker Rule

On September 15, 2023, the CFPB issued an outline of its proposal to promulgate a rule under the Fair Credit Reporting Act (“FCRA”) which would regulate the consumer data collection and selling activities of data brokers. The…more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Data Brokers, Fair Credit Reporting Act (FCRA), Financial Services Industry

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White House Proposes Two Rules Targeting Pay Equity and Transparency

Spring is in the air and along with the change in season, there are changes on the horizon for how government contractors will have to target pay equity and transparency. The White House announced two new proposed rules on…more

Employer Liability Issues, Federal Contractors, Pay Equity Laws, Pay Transparency, Wage and Hour

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Key Takeaways - Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks

Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced Trademark…more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Innovative Technology

See all updates »

The New York Times Makes News by Suing OpenAI and Microsoft for Copyright Infringement

On December 27, 2023, The New York Times (the “Times”) filed a complaint against OpenAI and Microsoft in the Southern District of New York based on their claimed use of the Times’s works in creating generative artificial…more

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

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5 Key Takeaways - The Latest on Inequitable Conduct: Case Law and Practical Considerations for Patent Prosecution

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. Firm attorneys led two days of interactive discussions with clients on the latest developments in…more

Intellectual Property Protection, Patent Litigation, Patents, USPTO

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5 Key Takeaways - IP Considerations in M&A Transactions

The importance of intellectual property (“IP”) in M&A transactions continues to grow as IP, technology, and data have become key components in the valuation of a business. The strength and enforceability of the target company’s…more

Acquisitions, Copyright, Intellectual Property Protection, Mergers, Patents

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The Pitfalls of Negotiated Preliminary Injunction Orders

Sunlight Financial L.L.C. v. Hinkle, et al., 2022 WL 17487686 (S.D.N.Y. Dec. 7, 2022) highlights the importance of negotiating strong stipulation orders that protect your client's interests. In this case, the Stipulated Amended…more

Discovery, e-Discovery Professionals, Electronically Stored Information, Preliminary Injunctions

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5 KEY TAKEAWAYS: Is Your AI Model Leaking Intellectual Property?

Recently, Sameer Vadera published an article on Dataversity.net titled “Is Your AI Model Leaking Intellectual Property.” The article provides a primer on two common AI privacy attacks that an adversary could use to extract…more

Artificial Intelligence, Information Commissioner's Office (ICO), Intellectual Property Protection, Trade Secrets

See all updates »

5 Key Trends - AI Application Examination

What does examination of an AI application typically look like? Kilpatrick Townsend’s Kate Gaudry and Leron Vandsburger offer five key trends... …more

Artificial Intelligence, Intellectual Property Protection, Obviousness, Prior Art, USPTO

See all updates »

North Carolina General Assembly Update - October 2023 #4

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, Redistricting, State and Local Government

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California Supreme Court Holds That An Employee Who Settles Individual Claims Still Has Standing To Sue Under the Private Attorneys General Act

PAGA Generally - Prior to 2004 employees could sue employers for damages or statutory penalties for Labor Code violations and only the state could sue for civil penalties. In 2004 the California Legislature enacted the…more

CA Supreme Court, Employment Litigation, Private Attorneys General Act (PAGA), Settlement Offer, Standing

See all updates »

Chile Joins Madrid Protocol on July 4, 2022

The Republic of Chile joined the Madrid Protocol on July 4, 2022, making it the 111th member of the Madrid System. The country is the latest in Latin America to accede to the multinational trademark registration system, joining…more

Chile, Intellectual Property Protection, International Trademark Protection, Madrid Protocol, Trademark Registration

See all updates »

Executive Order Aims to Stimulate Innovation in Biotechnology and Biomanufacturing

Expanding on policies established by President Obama and President Trump to promote advances in biotechnology, President Biden signed Executive Order 14081, entitled “Advancing Biotechnology and Biomanufacturing Innovation for a…more

Biden Administration, Biotechnology, Executive Orders, Innovation, Manufacturers

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First of Its Kind: Lessons Learned from the PTAB’s First Derivation Decision

Summary - The PTAB recently published its first-ever final written decision in a derivation proceeding, which allows a patent to be challenged as being derived from the true inventor. The decision found no derivation, and…more

Inventors, Patent Litigation, Patent Trial and Appeal Board, Patents

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6 Key Takeaways | Succession Planning in the Current Banking Environment

Ed Olifer and Suzanne Walker recently presented on "Succession Planning in the Current Banking Environment: Preparing a Game Plan for Unexpected Changes, Retirement, Retention, and Regulator" at the Massachusetts Bankers…more

Banking Sector, Business Succession, Retirement, Succession Planning

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Servant Leadership During a Time of Crisis

ALTHOUGH 2020 BEGAN with promise and optimism, we were all soon thrown into an unexpected global crisis that sparked tremendous uncertainty, fear, and anxiety. Our health and welfare were threatened to the core. The economy took…more

Coronavirus/COVID-19, Crisis Management, Firm Leadership, Leadership

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Final IRS Rules Spur Development of New Opportunity Zone Funds

On December 19, 2019, the Treasury Department released the final regulations implementing the opportunity zone provisions of the Tax Cuts and Jobs Act. These regulations clarified and expanded proposed regulations issued October…more

Capital Gains, IRS, Opportunity Zones, Qualified Opportunity Funds, Tax Cuts and Jobs Act

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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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5 Key Takeaways - Combating Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and Beyond

Kilpatrick Townsend’s Ted Davis and Rita Weeks recently presented on the topic of “Combating Misrepresentations in Trademark Prosecution and Maintenance: The Trademark Modernization Act and Beyond.” The Trademark Modernization…more

Expungement, Intellectual Property Protection, Trademark Modernization Act (TMA), Trademark Registration, Trademark Trial and Appeal Board

See all updates »

3 Key Takeaways - Protecting Your Company's IP in China: Manufacturers, Suppliers, and Competitors, and the Pitfalls to Avoid

Kilpatrick Townsend Partner Clark Weight and Shanghai Office Managing Partner Charles Gray recently presented at the ACC Colorado 2023 In-House Counsel Forum. Their session, “Protecting Your Company’s IP in China: Manufacturers,…more

China, Intellectual Property Protection, Inventions, Inventors

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Pitfalls of Complex Search Protocols in ESI Agreements

ESI Agreements cover the full gambit of e-discovery issues, from preservation expectations to production specifications. Sometimes, these agreements include an overview of the process by which the parties will identify the…more

Discovery, Document Review, e-Discovery Professionals, Electronically Stored Information, Search Terms

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USPTO Guidance on the Inventorship of AI-Assisted Inventions Highlights Need for Significant Human Contributions

The US Patent and Trademark Office (USPTO) recently issued new Inventorship Guidance for AI-Assisted Inventions (“Guidance”), effective as of February 13, 2024. The Guidance is a result of President Biden’s Executive Order on…more

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

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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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6 Key Takeaways | Criminal Trade Secret Theft

Partners Adria Perez and Clay Wheeler presented "Criminal Enforcement Trends in a Connected World" at our Kilpatrick Intellectual Property Seminar (KTIPS)…more

Criminal Prosecution, Espionage, Intellectual Property Protection, National Security, Theft

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Advertising Law Issues: 2022 Look Back and 2023 Look Ahead

(a/k/a You can’t know where you’re going unless you know where you’ve been) - For proper business planning purposes, with the turn of the calendar, it’s a good idea to try to project where the world is going…more

Advertising, Class Action, False Advertising, Federal Trade Commission (FTC), Green Guides

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CARES Act SBA Loan Programs Augmented Who is Small and What Does Affiliation Mean

The COVID-19 novel coronavirus pandemic (“COVID-19”) threatens to devastate businesses worldwide, and U.S. small businesses are no stranger to this threat. The CARES Act—a $2 trillion stimulus package—may provide some relief to…more

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

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Government Contractors Beware: No Easy Relief if Local Minimum Wages Exceed DOL Wage Determinations

Last week, in a case of first impression, the Civilian Board of Contract Appeals (“CBCA”) denied a federal contractor’s request for a contract adjustment to account for a change to the local county’s minimum wage rate, which was…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Federal Acquisition Regulations (FAR), Federal Contractors, General Services Administration (GSA)

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The FTC’s Rule Banning Non-Compete Agreements | What You Need to Know

The Federal Trade Commission, in a tight 3-2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Noncompete agreements have never been regulated at the federal level and the FTC’s adoption of its new…more

Federal Trade Commission (FTC), Jurisdiction, Non-Compete Agreements, Proposed Rules, Restrictive Covenants

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5 Key Takeaways | Optimizing Retirement Plan Investment Committee Performance

Members of Kilpatrick’s Employee Benefits and Investment Management Teams recently presented a webinar on the topic of “Optimizing Retirement Plan Investment Committee Performance.” The discussion was focused on helping…more

Employee Benefits, Fiduciary Duty, Investment Adviser, Retirement, Retirement Plan

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North Carolina Pauses Certain Evictions Utility Shut-Offs and Late Fees

On May 30, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 142 extending prohibitions preventing landlords from evicting residential tenants, evicting commercial tenants for payment defaults caused by the…more

Coronavirus/COVID-19, Eviction, Executive Orders, Governor Cooper, Landlords

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Georgia Joins the list of States with Age Verification Requirements for Online Speech: Navigating the Crossroads of Child Protection and Individual Rights

In an era where children are increasingly immersed in the digital realm, concerns about their safety and privacy online have become a focal point for policymakers (even on both sides of the aisle) and parents alike. Several…more

COPPA, Online Safety for Children, Privacy Laws, Social Media, State and Local Government

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T-Mobile NAD Challenge of Charter Advertising Results in Referral to FTC Upon Charter Declining to Participate

The National Advertising Division (“NAD”) has referred two advertising claims made by Charter Communications to the Federal Trade Commission (FTC) after Charter declined to participate in self-regulatory challenges to those…more

Advertising, Federal Trade Commission (FTC), NAD, T-Mobile

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Impact of the COVID-19 Pandemic on Contract Defenses Under Washington Law

We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed these defenses under California, Colorado, Florida, Georgia,…more

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

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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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Sidebars Podcast | Roger Wylie: Leadership Matters

In this episode, we welcome Roger Wylie, the Managing Partner of Kilpatrick Townsend & Stockton. Roger was the Co-Managing Partner of Townsend and Townsend and Crew prior to its merger with Kilpatrick Stockton. Roger is a…more

Career Development, Diversity, Firm Leadership, Intellectual Property Litigation, Intellectual Property Protection

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Follow-up Report: Recent IP High Court Decision on Cross-Border Patent Infringement

As reported in the previous Japan IP Watch (June 2023), a high-profile lawsuit involving a network-related invention was decided by the IP High Court…more

Cross-Border, Intellectual Property Protection, Japan, Patent Infringement, Patents

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5 Key Takeaways - 2023 Trademark Seminar: Anatomy of a Rebrand

This panel will examine the process of a corporate rebrand, and walk through some of the trials, tribulations, and triumphs you can expect with a rebrand. With the following key considerations, you’ll be equipped to support your…more

Intellectual Property Protection, IP License, Trademark Licenses, Trademark Registration, Trademarks

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Enforcing IP Rights in the Chinese E-Commerce Marketplace

In the last few years, China has become the world’s the largest e-commerce marketplace. On November 11, 2017 alone — a shopping holiday known as “single day” created by Chinese e-commerce giant Alibaba — Alibaba subsidiary…more

China, Counterfeiting, Design Patent, E-Commerce, Patent Examinations

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Supreme Court Blocks OSHA ETS Vaccine-or-Test Mandate for Large Private Employers

Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop. In a 6-3 split decision, the Supreme Court granted an immediate stay of the OSHA…more

Coronavirus/COVID-19, Employer Mandates, Infectious Diseases, OSHA, SCOTUS

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

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

Legal Ethics, Mediation, Negotiations

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New York City’s Biometrics Law Has Teeth

Since 2021, the administrative code of the City of New York requires commercial establishments in New York City to post conspicuous signs by their entrances if these businesses are collecting customers’ biometric information…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Data Selling

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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