ArticleCertain FATCA Deadlines Are Postponed For Entity Accounts Opened Prior To January 1, 2015The Foreign Account Tax Compliance Act, commonly known as FATCA, was signed into law on March 18, 2010. United StatesTaxKilpatrick Townsend & Stockton LLP
ArticleFTC To Challenge Ice Cream MergerUnited StatesLitigation, Mediation & ArbitrationKilpatrick Townsend & Stockton LLP
ArticleSweden Realizes the Potential of BiotechnologySwedenFood, Drugs, Healthcare, Life SciencesKilpatrick Townsend & Stockton LLP
ArticleSEC Proposes Rule For Pay Ratio DisclosureOn September 18, 2013, the Securities and Exchange Commission (the "SEC") published a proposed rule that would implement Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act by amending Item 402 of Regulation S-K to require a public company to disclose the ratio of the median compensation of its employees to the compensation of its chief executive officer ("Pay Ratio Rule"). United StatesCorporate/Commercial LawKilpatrick Townsend & Stockton LLP
ArticleWave Of SEC Enforcement Actions Reinforces Importance Of Strong Compliance CultureThe SEC announced charges against 18 individuals and ten investment firms for violating federal securities laws that require prompt reporting about their holdings.United StatesCorporate/Commercial LawKilpatrick Townsend & Stockton LLP
ArticleDepartment Of Labor Announces Proposed Regulations Interpreting Minimum Wage Requirements For Federal ContractorsThe U.S. Department of Labor’s Wage and Hour Division announced proposed regulations implementing Executive Order 13658.United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleNLRB Holds That Combined Bargaining Unit of Staffing Agency and Regular Employees Is Permitted Only with Consent of All PartiesA recent decision means temporary employees from a staffing company may not be added to a bargaining unit of a client company without the consent of all parties.United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticlePresident Obama Signs Executive Order Requiring Paid Sick Leave For Federal Contractors' EmployeesOn September 7, 2015, President Obama signed an executive order requiring federal contractors and subcontractors to offer their employees paid sick leave.United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleSEC Takes Aim At Employee Confidentiality Agreements With "Potential Chilling Effect" On WhistleblowersIn June 2014, the SEC fined a hedge fund for retaliating against an employee for reporting an alleged violation by his firm to the SEC. United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleDepartment of Labor Issues Final Rule on Federal Contractor Posting Requirements Relating to Union Membership And DuesThe United States Supreme Court’s 1988 decision in <I>Communications Workers v. Beck </I>held that union represented employees who have not joined the union cannot be required to pay that portion of union dues attributable to expenditures that are not "germane" to the union’s representational functionsUnited StatesGovernment, Public SectorKilpatrick Townsend & Stockton LLP
ArticleDivided Sixth Circuit Panel Upholds NLRB Jurisdiction To Enforce NLRA Against Tribes Even When The Act Conflicts With Tribal Employment LawsThe Band challenged the order, alleging that the NLRB lacked jurisdiction to enforce the NLRA against the Band. United StatesGovernment, Public SectorKilpatrick Townsend & Stockton LLP
ArticlePresident Issues Executive Order On Preference For Hiring American Workers For Government ContractsOn August 3, 2020, President Trump issued Executive Order No. 13940 ("EO"), which builds on several prior EOs which have discussed preferences for American workers performing work on U.S. government United StatesGovernment, Public SectorKilpatrick Townsend & Stockton LLP
ArticleInter-Partes Review "Dead Zone" Eliminated - All Issued Patents Are Now EligiblePost-grant review will be available only for patents with an effective filing date on or after March 16, 2013. United StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticleIP Industry Summary: Supreme Court Determines Preclusive Effect To Be Given To TTAB DecisionsThe Supreme Court recently had occasion to determine whether Trademark Trial and Appeal Board decisions can have preclusive effect in federal district court proceedings in B&B Hardware, Inc. v. Hargis Industries, Inc. United StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticleRule Changes For Post Grant PracticeThe Patent Office has decided to make several rule changes that will be unveiled in three phases, as announced by Commissioner Michele Lee said in a March 27, 2015 blog post: United StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticleUSPTO Rulemaking On Discretion To Institute Trials Before The PTAB – A Balancing ActThe U.S. Patent and Trademark Office is considering promulgating rules relating to the Patent Trial and Appeal Board's discretion to institute trials.United StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticleMonetizing Future Tax Savings: Tax Receivable AgreementsWe consistently counsel parties to an M&A deal that results in a stepped-up tax basis in the assets of the target often has more value to a buyer than a transaction with no basis step up. United StatesTaxKilpatrick Townsend & Stockton LLP
ArticleCareless Employees: A Company's Biggest Trade-Secret ThreatCareless employees remain the greatest threat to trade secret theft, according to the recently released "Second Annual Study on the Cybersecurity Risk to Knowledge Assets,"...United StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticleFiduciary Rule 2.0: A Quick OverviewOn June 29, 2020, the day before Reg BI became effective, the Department of Labor ("DOL") announced[1] its new approach to the standards for financial institutions and investment professionals United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleFairness Considerations Required Under Ninth Circuit Law When Determining Scope Of Extrajudicial Waiver Of Attorney-Client PrivilegeIn 2006, LG Electronics, Inc. ("LG") took a license from Wi-LAN on certain patents, but subsequently refused to pay royalties because it claimed that it did not practice those patents.United StatesIntellectual PropertyFinnegan, Henderson, Farabow, Garrett & Dunner LLP