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  • Article

    Increased Criminal Penalties For Antitrust Violations And De-Trebling Give New Teeth to Enforcers; Minor Tunney Act Changes

    A tough bipartisan antitrust reform act, the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (H.R. 1086), was passed by the Senate on April 2, 2004 and approved by the House of Representatives on June 2, 2004.
    United StatesAccounting and Audit
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    FTC Alleges Unocal Used "Patent Ambush" To Gain Monopoly Power In Reformulated Gasoline Markets

    United StatesAntitrust/Competition Law
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    OCC Proposes Guidelines Establishing Heightened Standards for Large Institutions

    On January 16, 2014, the Office of the Comptroller of the Currency released a proposal establishing minimum standards for the design and implementation of a risk governance framework for large insured national institutions, insured federal savings associations, and insured federal branches of foreign institutions with average total consolidated assets of $50 billion or more, and minimum standards for the board of directors’ oversight of the framework’s design.
    United StatesFinance and Banking
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Connecticut Supreme Court Allows Coverage For Pre-Suit Settlement Of Claims For Post-Completion Property Damage Caused By Defective Construction

    The Connecticut Supreme Court recently joined a growing number of state high courts to rule that faulty workmanship on a construction project can be covered by commercial general liability insurance policies.
    United StatesInsurance
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Dot-What? – The New GTLDs Are Coming And It's Time To Understand The Trademark Clearinghouse

    To help alleviate the concerns of brand owners in connection with the upcoming onslaught of new strings, ICANN has proposed a so-called "Trademark Clearinghouse" that is scheduled to open on March 26, 2013.
    United StatesIntellectual Property
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Accounting, Patriot Laws Raise Concern for Telcos -- Public and Private

    United StatesMedia, Telecoms, IT, Entertainment
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    U.S. Supreme Court Refines & Limits Antitrust State Action Defense

    The defense rests on the notion that states are sovereign and therefore legitimate state action should neither be subjected to antitrust scrutiny nor held to violate the antitrust laws.
    United StatesAntitrust/Competition Law
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    U.S. Labor Department Makes Changes in Prohibited Transaction Class Exemptions - Reduced Transaction Costs and Increased Opportunities for Plans and Financial Services Firms May Result

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

    Ninth Circuit: Two Pro-defendant Decisions Clarify Burdens Regarding CAFA's $5 Million Jurisdictional Threshold

    Takeaway: Class defendants prefer federal court. In any putative class action filed in state court, the first issue to analyze is whether the case can be removed to federal court
    United StatesLitigation, Mediation & Arbitration
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Tatum V. R.J. Reynolds Tobacco Co., Et Al.: Real Implications For ERISA's "Hypothetical Prudent Fiduciary" Standard

    This case has application whenever a company with employer stock in a 401(k) spins off a subsidiary and must determine what to do with the formerly-employer stock in the subsidiary plan.
    United StatesCorporate/Commercial Law
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    In Search Of . . . Proposed Regulations for ISOs and ESPPs

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

    Dodd-Frank Act Company-Run Stress Tests

    The Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency recently published in the Federal Register proposed supervisory guidance on implementing section 165(i)(2) of the Dodd-Frank Act regarding annual company-run stress tests.
    United StatesFinance and Banking
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    New CFTC Rules Taking Effect: Investment Advisers To Registered Investment Companies (RICs) Must Claim The Rule 4.5 CPO Exclusion During First 60 Days Of 2021

    On December 10, 2019, the Commodity and Futures Trading Commission ("CFTC") published amendments to the rules governing Commodity Pool Operators ("CPOs") and...
    United StatesFinance and Banking
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    SEC Releases 2014 Exam Priorities

    The Securities and Exchange Commission announced its 2014 examination priorities as part of the SEC’s National Examination Program to foster communication with both investors and registered entities.
    United StatesFinance and Banking
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    SCOTUS Grants Certiorari To Resolve Critical Class Action Standing Issue

    Takeaway: In a prior article – Class action standing: Ninth Circuit holds members of a damages class must demonstrate Article III standing (March 31, 2020)
    United StatesGovernment, Public Sector
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Buying Assets From A Distressed Company Or Debtor In Bankruptcy

    United StatesInsolvency/Bankruptcy/Re-Structuring
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Intellectual Property Legal Alert

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

    SCOTUS Declines Review Of Second Circuit Ruling Endorsing Class Arbitration

    Takeaway: The concept of class arbitration has endured stiff headwinds. In Lamps Plus, Inc. v. Varella, 139 S. Ct. 1407 (2019), the Supreme Court ruled that a party cannot be required
    United StatesLitigation, Mediation & Arbitration
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Is Bankruptcy An Option For Your Service Provider?

    United StatesMedia, Telecoms, IT, Entertainment
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP
  • Article

    Supreme Court Decides Major Monopolization Case

    On January 13, 2004, the Supreme Court issued its decision in <I>Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP</I>, No. 02-682. The Court’s ruling represents a major decision in the area of monopolization under Section 2 of the Sherman Act and resolves perhaps the most important business case of the Term.
    United StatesMedia, Telecoms, IT, Entertainment
    Kilpatrick Townsend & Stockton LLP
    Kilpatrick Townsend & Stockton LLP

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