On June 5, 2025, the United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, decisively rejecting the so-called “background circumstances” rule that required majority-group plaintiffs…
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/ Civil Rights, Labor & Employment Law
A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and…
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/ Communications & Media Law, Consumer Protection
In an era where artificial intelligence (AI) is reshaping every industry, the legal profession stands at a pivotal crossroads. Building on the successful adoption of predictive coding and machine learning in everyday practice,…
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/ Electronic Discovery, Law Practice Products & Services, Science, Computers, & Technology
Kilpatrick’s David Hughes and Jordan Goodman gave a national SALT update at the high-profile AGN International “2025 Americas Regional Meeting” in Toronto on June 3…
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/ Taxation
On May 22, 2025, the Ninth Circuit affirmed a district court’s decision to reject a class action lawsuit brought against fiduciaries of Intel defined contribution retirement plans that challenged the plan managers’ decision to…
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/ Administrative Law, Finance & Banking, Labor & Employment Law
On May 22, 2025, Brodie Erwin (Raleigh litigator) and Colleen Bear (Senior Manager Talent Management and Coach) co-hosted Kilpatrick’s bi-monthly virtual roundtable discussion with in-house counsel. This month’s installment…
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/ Business Organizations, Law Practice Products & Services
Takeaway: Terms and conditions requiring individual arbitrations can effectively end many consumer class actions. But courts rigorously scrutinize consumers’ assent to such terms, insisting upon reasonably conspicuous notice…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Consumer Protection
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Recent rulings in courts throughout the country may signal more uncertainty in the tariff landscape. Here, we provide an overview of a May 28 ruling by the U.S. Court of International Trade (“CIT”) effectively…
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/ Administrative Law, Constitutional Law, International Law & Trade
We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New York…
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/ Civil Procedure, Consumer Protection
Takeaway: We have discussed the pleading requirements that apply to cases alleging that products are toxic or otherwise contaminated with some sort of harmful substance or chemical. See Federal court dismisses false…
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/ Personal Injury, Products Liability, Toxic Torts
The Trump administration has rescinded (or signaled that it will replace) current guidance that was issued by the Biden administration’s DOL regarding (1) retirement plan investments in cryptocurrencies (and other digital…
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/ Administrative Law, Environmental Law, Finance & Banking
The landscape for retirement plan investments and fiduciary risks is shifting in the early part of the second Trump Administration, both due to changes in the administration’s policies and developments in the courts…
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/ Administrative Law, Finance & Banking, Labor & Employment Law
On May 20th, Kilpatrick tax partner Jeff Reed presented during a New York City Bar SALT Committee meeting. Jeff discussed the recent NetVoyage New York Division of Tax Appeals sales tax determination…
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/ Administrative Law, Commercial Law & Contracts, Taxation
Kilpatrick partner Ted Davis spoke recently at the International Trademark Association’s annual meeting on recent developments in United States trademark and unfair competition law over the trailing twelve months…
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/ Intellectual Property
In case you missed it: Michigan’s Attorney General has filed a lawsuit against Roku, alleging that the company collects and shares children’s personal data and video viewership data in violation of COPPA and the VPPA,…
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/ Communications & Media Law, Consumer Protection, Privacy
