ArticleD.C. Circuit Invalidates President Obama's Recess Appointments To The NLRBUnder the National Labor Relations Act, a quorum of the NLRB consists of three members. United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleNew California Law Expands The Concept Of Sexual HarassmentOn August 12, 2013, Governor Brown signed SB 292, which amends California’s law prohibiting harassment to clarify that sexual harassment need not be motivated by sexual desire.United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleNew York Department of Financial Services Begins Accepting Applications for the Establishment of Regulated Virtual Currency ExchangesThe NYDFS announced that it will consider formal proposals and applications for the establishment of regulated virtual currency exchanges operating in NY.United StatesFinance and BankingKilpatrick Townsend & Stockton LLP
ArticleSEC Adopts Derivatives Overhaul For FundsOn October 28, 2020, the Securities and Exchange Commission ("SEC") finalized Rule 18f-4 under the Investment Company Act; a new rule designed to provide an updated and comprehensive frameworkUnited StatesFinance and BankingKilpatrick Townsend & Stockton LLP
ArticleLimiting The Use Of Applicant Admitted Prior ArtToday, the USPTO issued a memorandum providing guidance on the use of Applicant Admitted Prior Art ("AAPA"). The guidance limits the use of AAPA, stating "admissions by the applicant United StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticlePTAB Posts Two Representative/Informative Decisions Re Estoppel Scope & DiscoveryOn July 17, the PTAB posted two representative/informative opinions on its website. One dealt with the scope of estoppel, and the other with discovery requests.United StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticleSEC Adopts Amendments To Accredited Investor DefinitionThe amended accredited investor definition will become effective December 8, 2020. We previously posted a blog regarding the SEC's recent expansion of the accredited investor definitionUnited StatesCorporate/Commercial LawKilpatrick Townsend & Stockton LLP
ArticleNYDFS Bitcoin Hearing Set For January 28-29 In New York City On January 23, 2014, the New York Department of Financial Services released details relating to its public hearing on the regulation of virtual currencies, which will be held on January 28th and 29th in New York City. United StatesFinance and BankingKilpatrick Townsend & Stockton LLP
ArticleIt's Not Too Late To Avoid EarlyThe practical takeaway from the Early case (and many others like it issuing regularly from Georgia's appellate courts) is the importance of auditing key existing agreements containing restrictive covenants. United StatesCorporate/Commercial LawKilpatrick Townsend & Stockton LLP
ArticleMaine Repeals Its Commercial Co-Venture RequirementsOften times, commercial entities will give to charity by donating a certain portion of sales to the charity. United StatesCorporate/Commercial LawKilpatrick Townsend & Stockton LLP
ArticleD.C. Circuit Court Invalidates NLRB's Poster RuleTwo years ago, the National Labor Relations Board published a rule that would require all employers covered by the National Labor Relations Act to post a workplace notice informing employees of their rights under that Act.United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleIRS Issues Guidance On Payroll Withholding DeferralThe IRS has issued Notice 2020-65, which implements President Trump's August 8 memorandum calling for a deferral of withholding of the employee portion of payroll taxes attributable to certain wagesUnited StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleNLRB Issues Joint Employer Decision Potentially Affecting FranchisorsUnder the previous standard, a company such as a franchisor could be a joint employer if it had direct and immediate control over working conditions.United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleFinCEN’s Exceptive Relief Allows Dealers in Foreign Exchange to Accept Alternative Travel DocumentsFinCEN issued an administrative ruling clarifying the circumstances in which a dealer in foreign exchange may accept alternative travel documents as ID.United StatesFinance and BankingKilpatrick Townsend & Stockton LLP
ArticleNew York Department Of Financial Services Takes Next Step Toward Regulation Of Bitcoin On November 14, 2013, the New York Department of Financial Services ("NYDFS") issued a Notice of Intent ("Notice") to hold a hearing on Bitcoin and other virtual currencies in their continued effort to establish the appropriate regulatory guidelines and standards for this emerging form of currency. United StatesFinance and BankingKilpatrick Townsend & Stockton LLP
ArticleCyber Risk Insurance Battles – The Need For Caution Begins Before The Policy Is PurchasedCyber risk events – hacking and other forms of data privacy breach – unquestionably have hit the big time.United StatesInsuranceKilpatrick Townsend & Stockton LLP
ArticleIP Industry Summary: Court Turns Down Copyright Claim Based On "Lettuce Turnip The Beet" T-Shirt Slogan, But Allows Trademark ClaimGorski v. The Gymboree Corp., 14-CV-01314-LHK, 2014 WL 3533324 (N.D. Cal. July 16, 2014) United StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticleTCPA Settlement: Clippers Fans Want Tickets, Not TextsThe Los Angeles Clippers are in the news again: this time for an ill-advised promotional text message marketing campaign.United StatesMedia, Telecoms, IT, EntertainmentKilpatrick Townsend & Stockton LLP
ArticleStock Sale With An Asset Basis Step Up: New Alternative To The Section 338 ElectionThe Internal Revenue Service recently issued final regulations under Internal Revenue Code section 336(e) which provide for an election to treat certain qualified stock dispositions as asset sales, similar to a Section 338(h)(10) Election. United StatesTaxKilpatrick Townsend & Stockton LLP
ArticleSEC Fines Broker-Dealer $100,000 For Failing To Retain Text MessagesThe Securities and Exchange Commission ("SEC") entered an order ("Order") yesterday against a broker-dealer for failing to retain text messages relating to the firm's business.United StatesCorporate/Commercial LawKilpatrick Townsend & Stockton LLP