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  • Article

    Recently Filed Lawsuit By Trinseo Highlights The Potential For The Rapid Spread Of Misappropriated Trade Secrets

    In the "standard" trade secret misappropriation case, Company A's trade secret is misappropriated by Company B and used internally by Company B alone to gain an unfair advantage.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Trademark Suits Consider If The (NFT) Shoe Is On The Other Foot

    A pair of suits from designers Nike and Hermes are raising new questions regarding how Non-Fungible Tokens (NFTs) intersect with trademark protections.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    USPTO Tightens IPR Petition Requirements

    On July 31, 2025, the USPTO issued a memorandum announcing that, starting from September 1, 2025, it will interpret its own rule 37 C.F.R. § 42.104(b)(4) as limiting the IPR grounds that can be brought before the Office.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Circuit Split Highlights Bristol-Myers Squibb's Effect On FLSA Actions

    The United States Supreme Court has been asked to resolve a circuit split with potentially far-reaching implications for Fair Labor Standard Act (FLSA) collective actions...
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Finds Transfer Of Microsoft Case Appropriate Considering Facts Of This Case, Despite Plaintiff's Argument That Microsoft Had Not Challenged Venue In Other Cases

    On April 20, 2022, Judge Albright granted Defendant Microsoft Corporation's (Microsoft) Motion to Transfer Venue to the Western District of Washington (WDWA) finding Microsoft met its burden that transfer...
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    Lowery v. Rhapsody International, Inc.: Reasonableness Of Attorneys' Fee Awards In Rule 23 Class Action Settlements

    In a recent Ninth Circuit decision, the court affirmed that the key factor in determining whether an attorneys' fee award in a Rule 23 class action settlement is reasonable...
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    Year In Review: Top 10 Privacy Impacts Of 2021

    Over the past 12 months, we witnessed two new comprehensive privacy laws in Virginia and Colorado, demonstrating the continued appetite for consumer privacy protections in the United States.
    United StatesPrivacy
    Winston Taylor
    Winston Taylor
  • Article

    We Need To Stop Confusing Code For Law

    A fundamental misconception pervades American law's engagement with blockchain technology. State legislatures, federal regulators, courts, and private market participants routinely treat the technical capabilities...
    United StatesTechnology
    Winston Taylor
    Winston Taylor
  • Article

    The U.S. Department Of Labor Finalizes Its Most Recent Definition Of An Investment Advice Fiduciary

    On April 25, 2024, the U.S. Department of Labor's Employee Benefits Security Administration (the Department) published the Retirement Security Rule: Definition of an Investment Advice Fiduciary (the 2024 Fiduciary Rule).
    United StatesEmployment and HR
    Winston Taylor
    Winston Taylor
  • Article

    Federal Circuit Affirms MV3 v. Roku

    On November 5, 2021, the Federal Circuit handed down a one-line order summarily affirming the October 2020 jury verdict in the case of MV3 v. Roku, presumptively concluding the first jury trial...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    China's CAC Changes Course On Cross-Border Transfers With Draft Regulations

    On September 28, 2023, the Cyberspace Administration of China (CAC) published Regulations to Standardize and Promote Cross-Border Data Flows (Draft for Comments) (the Draft Regulations).
    ChinaTechnology
    Winston Taylor
    Winston Taylor
  • Article

    Boards And Executives May Need To Review Their Indemnification Provisions

    Under the heading of "Executive Compensation," this blog considers all matters relevant to executives, executives' employment, and their employment agreements, including strategies to protect the executives' earned compensation.
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    Interest Rates Increase For SBICs: March 2026 Standard Debenture Pooling

    The March 2026 pooling of Small Business Investment Company (SBIC) standard debentures was priced at 4.626%. This most recent semiannual pricing of SBIC standard debentures reflected...
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    SBA Amends The Employee Size Standards Calculation Period

    On June 6, 2022, the U.S. Small Business Administration (the "SBA") issued a final rule increasing from 12 months to 24 months the calculation period for determining...
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    The NYSE Amends Trading Halt Rules For Reverse Stock Splits To Ensure Consistency With Nasdaq

    On May 2, 2024, the NYSE sent a notice to its listed companies that the proposed rule will be effective on May 11, 2024.
    United StatesCorporate/Commercial Law
    Winston Taylor
    Winston Taylor
  • Article

    AML Risk Alert For Broker-Dealers

    This year has brought several important sweeping regulatory changes in the United States, including the most substantive Bank Secrecy Act (BSA)/anti-money laundering (AML)...
    United StatesGovernment, Public Sector
    Winston Taylor
    Winston Taylor
  • Article

    Federal Circuit Denies Google's Petition For Mandamus Regarding Transfer Of Patent Infringement Case From Western District Of Texas To Northern District Of California, Citing Judicial Economy

    Google petitioned the Federal Circuit for a writ of mandamus, requesting that the Federal Circuit direct the United States District Court for the Western District of Texas to vacate its order denying Google's motion to transfer and transfer to the United States District Court for the Northern District of California.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Finds S.D. California More Convenient Because S.D. California Already Had Familiarity With The Patents In Suit

    In its opposed motion, Google argued the Southern District of California was a proper and more convenient venue for the action.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Trade Secret Litigation Report Highlights The Importance Of Proactive Protection Measures And Robust Contracts

    Lex Machina released its 2020 Trade Secret Litigation Report in April, in which it summarized data from the past decade and compared it against data from the previous year's report.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Federal Reserve Withdraws Crypto-Asset Guidance: Policy Shift Or Policy Compromise?

    On April 24, 2025, the Federal Reserve Board (Board) announced that it had withdrawn key supervisory guidance published during the prior Administration that, for more than two years...
    United StatesTechnology
    Winston Taylor
    Winston Taylor

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