ArticleSupreme Court Holds That The Federal Trademark Dilution Act Requires Proof of Actual InjuryUnited StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticleSEC Adopts Final Regulation A+ Rules Ushering In New Era Of Capital RaisingThe final rules, often referred to as "Regulation A+," will permit companies to offer and sell up to $50 million of securities in a 12-month period.United StatesCorporate/Commercial LawKilpatrick Townsend & Stockton LLP
ArticleWashington Supreme Court Rules That Insurers May Not Recoup Defense Costs Paid While Defending Under A Reservation Of RightsThe Immunex decision is particularly instructive for policyholders whose insurance carriers provide them with a defense pursuant to a reservation of rights.United StatesInsuranceKilpatrick Townsend & Stockton LLP
ArticleInternational Tax Alert - FATCA - Fund Managers: Be Aware Of Upcoming DeadlinesWhile FATCA was signed into law in March 2010, it is taking effect in stages with key deadlines staggered over several years. United StatesTaxKilpatrick Townsend & Stockton LLP
ArticleBanking On The "Business Of Banking": How The 2nd Circuit's Ruling In Lacewell V. OCC Could Change The Future Of Fintech RegulationDespite often operating on a nationwide scale, fintech companies rarely meet the stringent requirements for obtaining a national banking charterUnited StatesTechnologyKilpatrick Townsend & Stockton LLP
ArticleFinal Information Reporting Requirements For EmployersThe time and cost of complying with any additional reporting requirement is never good news. United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleHealth Savings Account Fever: A Blistering Pace For HSA Guidance ContinuesOn March 30, 2004, Treasury and IRS gave another lift to consumer directed health care by issuing additional guidance on Health Savings Accounts ("HSAs"). United StatesStrategyKilpatrick Townsend & Stockton LLP
ArticleWhat To Watch In 2021: Big Changes For Drug Companies In ChinaFor several years, China has been evaluating changes to its drug approval system to promote drug innovation and patient access to medicines. The year 2020 saw China begin taking steps towards adoptingGlobalFood, Drugs, Healthcare, Life SciencesKilpatrick Townsend & Stockton LLP
ArticleMind Your MarketsAntitrust challenges to mergers very often turn on how the enforcement agencies and the courts define the "relevant markets" affected by the merger. United StatesAntitrust/Competition LawKilpatrick Townsend & Stockton LLP
ArticleLegal Immunity: A Reward For Innovators Combatting COVID-19In light of the public health emergency, the Secretary of Health and Human Services has issued a Notice of Declaration providing immunity from legal liability for activities relating to combatting the new coronavirus.United StatesCoronavirus (COVID-19)Kilpatrick Townsend & Stockton LLP
ArticleTribes Must Implement Changes To Take Advantage Of The Violence Against Women Act's Tribal ProvisionsIn Oliphant v. Suquamish Indian Tribe, the Supreme Court held that tribes do not have inherent authority to prosecute crimes committed by non-Indians in Indian Country.United StatesGovernment, Public SectorKilpatrick Townsend & Stockton LLP
ArticleBuilding a `Profound´ Patent PortfolioUnited StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticleSupreme Court Holds That Lanham Act Does Not Protect The Right To Claim Authorship In A Literary WorkUnited StatesIntellectual PropertyKilpatrick Townsend & Stockton LLP
ArticleFallout From The Fintiv Precedential DecisionOn May 5th, the Board designated an order regarding discretionary denial precedential. Apple v. Fintiv, Inc, IPR2020-00019, Paper 11 (P.T.A.B. Mar. 20, 2020) (precedential). United StatesLitigation, Mediation & ArbitrationKilpatrick Townsend & Stockton LLP
ArticleLife on the Other Side: Jeffrey Kindler’s PerspectiveIf you were in search of the "perfect" general counsel candidate, Jeffrey Kindler would fit the bill. United StatesFinance and BankingKilpatrick Townsend & Stockton LLP
ArticleProposed Changes in Corporate and Financial DisclosureUnited StatesFinance and BankingKilpatrick Townsend & Stockton LLP
ArticleBIPA Class Actions: Seventh Circuit Holds That Retention Of "Inherently Sensitive" Biometric Data Gives Rise To StandingArticle III standing requires an injury-in-fact. To allege an injury-in-fact, a claimant must show "‘an invasion of a legally protected interest' that is ‘concrete and particularized' and ‘actual or imminent, not conjectural or hypothetical.'" United StatesLitigation, Mediation & ArbitrationKilpatrick Townsend & Stockton LLP
ArticleCan a Dual Track IPO Secure an Exit For a Private Equity Investor?Like many techniques developed in the boom market conditions, dual track IPOs are making a comeback in a new guise in the slowly recovering but still turbulent equity markets.United StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleOverview Of The DOL's New Fiduciary Rules For Retirement Plan Investment AdviceOn June 29, 2020, the Department of Labor ("DOL") announced its new approach to the standards for financial institutions and investment professionals who provide investment advice on a nondiscretionary basis to 401(k) plansUnited StatesEmployment and HRKilpatrick Townsend & Stockton LLP
ArticleIndemnification, Advancement, And Insurance Coverage: Food For Thought When An Employee Is Charged With A CrimeThe decision should also prompt in-house counsel to consider the interplay between a company’s indemnification obligations and its D&O insurance coverage.United StatesInsuranceKilpatrick Townsend & Stockton LLP