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  • Article

    Internet Terms Of Use: Ninth Circuit Enforces Arbitration Agreement Accessible Through Browsewrap Hyperlink

    Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept
    United StatesLitigation, Mediation & Arbitration
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    DOJ And FTC Release Policy Statement On Antitrust Implications Of Information Sharing

    The Federal Trade Commission and the Department of Justice– the two federal antitrust enforcement agencies – issued a joint antitrust Policy Statement.
    United StatesAntitrust/Competition Law
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Seismic Shift For Employer Stock In ERISA Account Plans: Supreme Court Voids Presumption Of Prudence

    In Fifth Third Bancorp v. Dudenhoeffer, the Supreme Court unanimously rejected a presumption of prudence for employer stock held in ERISA individual account plans.
    United StatesEmployment and HR
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Supreme Court's Ruling On Same-Sex Marriage Will Affect Employers

    Employers should review their personnel policies to identify policies that may be affected by the Supreme Court's ruling.
    United StatesEmployment and HR
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Bank Secrecy Act And Anti-Money Laundering Programs Continue To Result In Significant Penalties

    Bank Secrecy Act compliance, and in particular anti-money laundering controls, remains a focus of regulators as evidenced by record fines levied in recent weeks.
    United StatesFinance and Banking
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    OCC Guidance Details Expectations And Oversight Of Independent Consultants For Enforcement Actions Involving Significant Violations Of Law, Fraud, Or Harm To Consumers

    On November 12, 2013, the Office of the Comptroller of the Currency ("OCC") issued OCC Bulletin 2013-33, which provides guidance and establishes standards that the OCC will use when requiring banks to employ independent consultants in connection with enforcement actions.
    United StatesFinance and Banking
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Fifth Circuit Examines Mechanisms To Secure Federal Jurisdiction In Class Action And Arbitration Contexts

    When litigating class certification and motions to compel arbitration, defense attorneys virtually always prefer federal over state courts.
    United StatesLitigation, Mediation & Arbitration
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Labor and Employment Legal Alert

    United StatesEmployment and HR
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    FTC V. Phoebe Putney Health System, Inc., Et Al.

    On February 19, 2013, the United States Supreme Court in Federal Trade Commission v. Phoebe Putney Health System, Inc., et al., unanimously rejected a Georgia state-sanctioned hospital authority’s claim that its acquisition of a competing hospital was immune from antitrust scrutiny under the state-action doctrine, which the Supreme Court recognized in Parker v. Brown back in the 1940s.
    United StatesAntitrust/Competition Law
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    The SEC Modernizes The "Accredited Investor" Definition

    On August 26, 2020, the Securities and Exchange Commission (SEC) adopted amendments to the definition of "accredited investor" to add new categories of natural persons
    United StatesCorporate/Commercial Law
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    The Proposed Inflation Reduction Act Of 2022 Provides Additional Funding For The DOE Loan Program Office To Support U.S. Energy Infrastructure, Vehicle, And Mass Transit Development

    On July 27, 2022, Senator Manchin (D-WV) and Senator Schumer (D-NY) announced new draft reconciliation legislation, the Inflation Reduction Act of 2022 (IRA).
    United StatesGovernment, Public Sector
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    FTC v. Actavis

    The Supreme Court has recentlt issued an opinion authored by Justice Breyer in FTC v. Actavis, holding that "reverse payment" settlements are not immune to scrutiny under the antitrust laws, and that they should be evaluated under the Rule of Reason.
    United StatesIntellectual Property
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Is Discovery That Section 8 Affidavits Were Not Filed By The Owner Of The Registration Grounds For Cancellation? N.D.Cal Rules "No."

    Every trademark lawyer knows that between the fifth and sixth year after registration the trademark owner must file an affidavit of use.
    United StatesIntellectual Property
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Lessons From The Recent Supreme Court Term: Ordinary Rules Apply In Patent Cases

    It is indisputable that each of the Supreme Court's patent law decisions this Term possesses significance to patent law generally.
    United StatesIntellectual Property
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    When Thirty Days May Not Really Be Thirty Days—Removing Multi-Defendant Cases

    Recent court decisions have caused confusion regarding when the 30-day deadline for removing a case to federal court begins to run in cases involving multiple defendants.
    United StatesLitigation, Mediation & Arbitration
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    State Legislatures Looking At Expanding Slot Machine Type Gaming Through 'Instant Racing'

    Instant Racing is an electronic terminal game that allows players to bet on short video replays of the last few seconds of old horse races.
    United StatesMedia, Telecoms, IT, Entertainment
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    The Privacy Shield Sunk, But Is There A Life Raft For The Standard Contractual Clauses? Strategies For Transferring Personal Data Across The Atlantic From A Post-Schrems II Europe

    1. Schrems II requires parties relying on the SCCs to implement additional measures ensuring that transferred personal data is adequately protected.
    United StatesPrivacy
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Employee Benefits Legal Alert

    United StatesStrategy
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Recent Precedents Say Recoveries For Lost Future Royalties Aren´t Likely

    United StatesIntellectual Property
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Contractor Invention Reporting Requirements Enforced: Federal Government Empowered to Take Title to Invention

    Where the government contract requirements are unambiguous, they will be strictly enforced.
    United StatesGovernment, Public Sector
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP

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