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Sally Abel

As Apps Rise, Are Domain Names the Next AM Radio?

Despite a deluge of seminars, conferences, newsletters, blogs and email reminders over the past year or so, many companies and public figures are just waking up to the reality of the massive expansion of the Internet domain…more

Domain Names, gTLD, ICANN, Mobile Apps, Trademark Clearinghouse

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Gerald Audant

New ISS "QuickScore 2.0" and Verification of ISS Data By February 7, 2014

On January 27, 2014, Institutional Shareholder Services (ISS) released its Governance QuickScore 2.0 technical document outlining key changes to the governance scoring model for QuickScore 2.0 for 2014…more

ISS, QuickScore, Verification Requirements

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Marie C. Bafus

Litigation Alert: Amgen: A Pyrrhic Victory For Plaintiffs in Securities Class Actions?

In a 6-3 decision issued last week, the Supreme Court ruled in Amgen Inc. v. Connecticut Ret. Plans & Trust Funds, 568 U.S. ___, 2013 WL 691001 (Feb. 27, 2013), that shareholders bringing class actions under Section 10(b) of the…more

Amgen Inc. v Connecticut Retirement Plans, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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Tyler Baker

Antitrust Is Alive and Well and Lurks in Unlikely Places

A recent story in the Bay Area legal newspaper The Recorder had this headline: “Former Bazaarvoice CEO Takes Stand to Explain Damning Email.” That is not the kind of media attention that any CEO likes to have or the way he or…more

Competition, Email, Enforcement, Hart-Scott-Rodino Act

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Eric Ball

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to a…more

America Invents Act, Beastie Boys, CLS Bank v Alice Corp, Copyright, Covered Business Method Patents

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David A. Bell

Executive Compensation and Corporate and Securities Alert: UPDATED-NYSE and Nasdaq Propose Rules Relating to Compensation Committees and Compensation Consultants

This summary has been updated to reflect the amendment to the Nasdaq Proposed Rules now referenced in the third paragraph of the Overview below. Overview - On June 20, 2012, the Securities and Exchange Commission…more

Compensation Committee, Compliance, Dodd-Frank, Executive Compensation, Nasdaq

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Andrew P. Bridges

Litigation Alert: Supreme Court’s Lexmark Decision Creates Uniform Federal False Advertising Standing Requirement

On March 25, the Supreme Court issued its opinion in Lexmark International v. Static Control Components, ruling that Static Control may proceed with its false advertising counterclaim under Section 43(a) of the Lanham Act…more

False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components, SCOTUS

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Daniel Brownstone

Alice Corp. v. CLS Bank Amicus Briefs Filed, Reckoning Day Approaches

Last week, we filed two amicus briefs with the Supreme Court in Alice Corp. v. CLS Bank, one on behalf of Advanced Biological Laboratories (ABL), and one for Ronald M. Benrey (Benrey). It goes without saying that this is the…more

CLS Bank, CLS Bank v Alice Corp, Computer-Related Inventions, Patent Applications, Patent-Eligible Subject Matter

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Robert Brownstone

European (EU) Data Protection Law Handbook now live

This 214-page document, “Handbook on European data protection law,” looks incredibly comprehensive. It ends with 13 pages of citations to European case law on various issues…more

Cybersecurity, Data Protection, EU, EU Data Protection Laws, Handbooks

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Brian Buckley

FCC TCPA Ruling Provides Guidance on Mobile App Messaging

On March 27, 2014, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling interpreting the federal Telephone Consumer Protection Act (“TCPA”) as it relates to prerecorded and autodialed calls to cellular…more

Cell Phones, Consent, FCC, GroupMe, Mobile Apps

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Alexis I. Caloza

Securities Litigation Alert: DOJ and SEC Issue Joint Guidance on FCPA

The past several years have seen a dramatic increase in the number of enforcement actions brought by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) under the Foreign Corrupt Practices Act…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Carolyn Chang

Life Sciences Alert: Unanimous Supreme Court Decision in Ass'n for Mol. Pathology v. Myriad Genetics Inc.

Yesterday, a unanimous Supreme Court decision in Ass’n for Mol. Pathology v. Myriad Genetics, Inc., held that Myriad’s claims directed to “a naturally occurring segment of … [DNA]” are not patent eligible despite their…more

AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad

See All Updates »

Grace Chen

Executive Compensation and Employee Benefits Alert: IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former employees)…more

Employee Benefits, Employee Stock Purchase Plans, Executive Compensation, Filing Requirements, IRS

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Sofia Chesnokova

Executive Compensation and Corporate and Securities Alert: SEC Adopts NYSE and Nasdaq Rules Relating to Compensation Committees and Compensation Consultants

On January 11, 2013 the Securities and Exchange Commission ("SEC") approved the equity listing standards proposed by the NYSE and Nasdaq, as amended1 regarding compensation committee independence criteria and compensation…more

Compensation Committee, Dodd-Frank, Executive Compensation, Independence Rules, Listing Standards

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Mona Clee

Fenwick Employment Brief - July 2013: DOMA and Prop 8 Rulings Clear the Way for Same-Sex Marriages in California and Require Changes in Employee Benefits

In U.S. v. Windsor, the court struck down a portion of the federal Defense of Marriage Act (“DOMA”) as unconstitutional. DOMA, for purposes of federal tax and benefits laws, defined marriage as only between “one man and one…more

DOMA, Employee Benefits, FMLA, Healthcare, Hollingsworth v Perry

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Douglas Cogen

Mergers & Acquisitions Alert: Controlling Stockholder Squeeze-Outs May Be Structured to Achieve Deferential “Business Judgment Rule” Under Delaware Law

In Kahn v. M&F Worldwide Corp. (Del. Mar. 14, 2014), the Delaware Supreme Court recently decided that a going private transaction sponsored by the controlling stockholder of a Delaware corporation may, under certain…more

Business Judgment Rule, Controlling Stockholders, MFW, Shareholder Litigation, Shareholders

See All Updates »

Rodger Cole

FCC Changes to the Telephone Consumer Protection Act Take Effect October 16

Effective October 16, 2013, there will be significant changes to the Federal Communications Commission’s (“FCC”) rules implementing the Telephone Consumer Protection Act of 1991 (the “TCPA”), 47 U.S.C. § 227. Of particular…more

FCC, Robocalling, Spam, TCPA, Telemarketing

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Ewa Davison

Intellectual Property Bulletin Winter 2013: Murky Waters: Post-Approval Regulatory Activities and the § 271(e)(1) Safe Harbor

On January 14, 2013, the U.S. Supreme Court refused to consider the U.S. Court of Appeals for the Federal Circuit's exclusion in Classen Immunotherapies, Inc. v. Biogen IDEC, 659 F.3d 1057 (Fed. Cir. 2011), of post-approval…more

Biogen Idec, Classen Immunotherapies, FDA, GlaxoSmithKline, Infringement

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Darren Donnelly

Litigation Alert: Federal Circuit Split on Patent Eligible Subject Matter Analysis

Last week, the Federal Circuit, sitting en banc, issued a much-anticipated decision in CLS Bank Int'l, et al., v. Alice Corporation Pty, Ltd. involving the test for when computer-related inventions are unpatentable "abstract…more

CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents

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Michael Egger

Privacy Alert: California Passes Trio of New Online Privacy and Data Security Measures

In the last month, the California legislature passed and Governor Jerry Brown signed into law amendments to two of California’s signature privacy and data security laws and one new consumer privacy law aimed at enhancing privacy…more

CalOPPA, Cybersecurity, Data Protection, Internet, Privacy Laws

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Michael Esquivel

Digital Health Investments Heat Up In 2014

Fundraising for digital health continued on its record pace in February with more than $320 million in venture, debt and private equity investment going into the burgeoning sector…more

Healthcare, Investors, mHealth, Private Equity, Venture Capital

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Pauline Farmer-Koppenol

Life Sciences Alert: Unanimous Supreme Court Decision in Ass'n for Mol. Pathology v. Myriad Genetics Inc.

Yesterday, a unanimous Supreme Court decision in Ass’n for Mol. Pathology v. Myriad Genetics, Inc., held that Myriad’s claims directed to “a naturally occurring segment of … [DNA]” are not patent eligible despite their…more

AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad

See All Updates »

Kathryn Fritz

Right of Publicity? First, Let Me Take a Selfie

“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the shot using his Samsung smartphone during a visit to the…more

First Amendment, Right of Publicity

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Stephen Garcia

Trademark Alert: Are You Ready For The New gTLDs? The Trademark Clearinghouse Opens March 26

The universe of generic top-level domains (gTLDs), currently limited to about a dozen gTLDs such as .com, .net, and .org, will likely explode later this year, as some of the more than 1000 potential new gTLDs are rolled out,…more

Brand, Cybersquatting, gTLD, Trademark Clearinghouse, Trademarks

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Elizabeth Gartland

Executive Compensation and Employee Benefits Alert: Update on California's Additional Tax Relating to Noncompliant Deferred Arrangements

On October 4, 2013, California reduced the additional California state income taxes levied on deferred arrangements that violate Section 409A of the Internal Revenue Code. For taxable years beginning on January 1, 2013,…more

Deferred Compensation, Employee Benefits, Executive Compensation, Income Taxes, IRC

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Sheeva J. Ghassemi-Vanni

Employees May Choose to Use Vacation Instead of FMLA or CFRA Leave for Medical Absences

The Ninth Circuit (California) held in Escriba v. Foster Poultry Farms, Inc. that an employee can choose to use vacation instead of leave under the Family and Medical Leave Act (“FMLA”) or California Family Rights Act (“CFRA”)…more

CFRA, FMLA, Sick Leave, Vacation Leave

See All Updates »

Emily Gische

As Apps Rise, Are Domain Names the Next AM Radio?

Despite a deluge of seminars, conferences, newsletters, blogs and email reminders over the past year or so, many companies and public figures are just waking up to the reality of the massive expansion of the Internet domain…more

Domain Names, gTLD, ICANN, Mobile Apps, Trademark Clearinghouse

See All Updates »

Stephen M. Graham

Crowd funding under the JOBS Act

Fenwick & West partner Stephen Graham provides a brief overview of crowd funding under the JOBS Act. According to Graham, the act will allow entrepreneurs to sell small stakes in their companies directly to the public via…more

Crowdfunding, JOBS Act, SEC

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Todd Gregorian

Litigation Alert: Ninth Circuit Assesses Use of Player Likenesses in Video Games

On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases..…more

Electronic Arts, Endorsements, First Amendment, Lanham Act, NCAA

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Patrick Grilli

Executive Compensation and Employee Benefits Alert: IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former employees)…more

Employee Benefits, Employee Stock Purchase Plans, Executive Compensation, Filing Requirements, IRS

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Andrew J. Hall

Intellectual Property Bulletin - Fall 2012

In This Issue: - Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement - Free and Open-Source Software Diligence in Mergers, Acquisitions, and…more

Copyright, Disclaimers, Fair Use, Infringement, Preemption

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Adam Halpern

Tax Alert: FTB Disallows California Qualified Small Business Stock Benefits

The California Franchise Tax Board (FTB) recently issued FTB Notice 2012-03, stating that the FTB will disallow the exclusion or deferral of gain under California's qualified small business stock (QSBS) statute for all tax years…more

Commerce Clause, Cutler v Franchise Tax Board, Franchise Tax Board, Gain Exclusion, Income Taxes

See All Updates »

David Hayes

Advanced Copyright Issues on the Internet

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet - III. Application Of Copyright Rights To Specific Acts On The Internet - IV…more

Copyright, Corporate Counsel, Cross-Border Transactions, Internet

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R.J. Heher

Foreign Marks Vulnerable in US

“Cancellable? Unenforceable? Why?” This is likely to be the reaction of most foreign owners of U.S. trademark applications and registrations, and of many of their U.S. counsel, when challenged by claims that the owner lacked…more

Intent-to-Use, Registration, Trademark Act, Trademarks

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Mark Jansen

Trademark Alert: Are You Ready For The New gTLDs? The Trademark Clearinghouse Opens March 26

The universe of generic top-level domains (gTLDs), currently limited to about a dozen gTLDs such as .com, .net, and .org, will likely explode later this year, as some of the more than 1000 potential new gTLDs are rolled out,…more

Brand, Cybersquatting, gTLD, Trademark Clearinghouse, Trademarks

See All Updates »

Scott Joachim

Mergers & Acquisitions Alert: Controlling Stockholder Squeeze-Outs May Be Structured to Achieve Deferential “Business Judgment Rule” Under Delaware Law

In Kahn v. M&F Worldwide Corp. (Del. Mar. 14, 2014), the Delaware Supreme Court recently decided that a going private transaction sponsored by the controlling stockholder of a Delaware corporation may, under certain…more

Business Judgment Rule, Controlling Stockholders, MFW, Shareholder Litigation, Shareholders

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Guinevere Jobson

Litigation Alert: California Supreme Court Announces Sea-Change in Rules Governing Use of Parol Evidence to Show Fraud in Contract Interpretation

Background - On January 14, 2013, the California Supreme Court issued a unanimous decision clarifying – and ultimately rewriting – the applicable legal standard for introduction of parol evidence to show that a contract is…more

Bank of America v Pendergrass, Extrinsic Evidence, Fraud Exception, Parol Evidence, Riverisland

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Christopher Joslyn

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to a…more

America Invents Act, Beastie Boys, CLS Bank v Alice Corp, Copyright, Covered Business Method Patents

See All Updates »

Kevin Kabler

Burden of Section 101 following Myriad

The Supreme Court’s decision in Association for Molecular Pathology v. Myriad Genetics Inc., 2013 DJDAR 7484 (2013), held that Myriad’s claims directed to “a naturally occurring DNA segment is a product of nature and not patent…more

§ 101, AMP v Myriad, DNA, Genetic Materials, Human Genes

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Sebastian Kaplan

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to a…more

America Invents Act, Beastie Boys, CLS Bank v Alice Corp, Copyright, Covered Business Method Patents

See All Updates »

Allen M. Kato

Employee’s criminal conviction affirmed for denying employer’s access to its computer network

A California court of appeal affirmed a criminal conviction of a former employee in The People v. Childs arising out of the employee denying his employer’s access to its own computer systems. Terry Childs worked as a network…more

Data Protection, Databases, Employer Liability Issues

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Jennifer Kelly

Litigation Alert: Supreme Court’s Lexmark Decision Creates Uniform Federal False Advertising Standing Requirement

On March 25, the Supreme Court issued its opinion in Lexmark International v. Static Control Components, ruling that Static Control may proceed with its false advertising counterclaim under Section 43(a) of the Lanham Act…more

False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components, SCOTUS

See All Updates »

Catherine Kevane

Securities Litigation Alert: DOJ and SEC Issue Joint Guidance on FCPA

The past several years have seen a dramatic increase in the number of enforcement actions brought by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) under the Foreign Corrupt Practices Act…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

See All Updates »

Andrew Kim

Tax Alert: FTB Disallows California Qualified Small Business Stock Benefits

The California Franchise Tax Board (FTB) recently issued FTB Notice 2012-03, stating that the FTB will disallow the exclusion or deferral of gain under California's qualified small business stock (QSBS) statute for all tax years…more

Commerce Clause, Cutler v Franchise Tax Board, Franchise Tax Board, Gain Exclusion, Income Taxes

See All Updates »

Jane Kim

Joint Inventorship in Patents Can Present Problems

Once an invention has been developed and a corresponding patent application is written, determining an inventorship list for the application might just seem like a formality to get the application filed. Particularly in cases…more

Inventors, Patent Litigation, Patent Ownership, Patents

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Bryan Kohm

Landmark Decision Limits the Authority of the International Trade Commission

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the…more

Imports, Indirect Infringement, Induced Infringement, ITC, Patent Infringement

See All Updates »

Barry J. Kramer

Trends in Legal Terms in Venture Financings in Israel 2013

Background — We have analyzed the terms of venture financings for Israeli and Israeli-related technology companies that reported raising money during 2013. Our survey does not include financing rounds of less than US $500,000…more

Venture Capital

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Dean Kristy

Securities Litigation Alert: 'Tis the Season: Proxy Statements and Litigation Challenges to Compensation Disclosures

Over the past several months, plaintiffs' lawyers have stepped up attacks on executive compensation disclosures in proxy statements. Although to date most of these attacks have been unsuccessful, the number of case filings is…more

Compensation Committee, Proxy Statements, Say-on-Pay, Shareholder Litigation

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David Kusters

Landmark Decision Limits the Authority of the International Trade Commission

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the…more

Imports, Indirect Infringement, Induced Infringement, ITC, Patent Infringement

See All Updates »

Shawn Lampron

New ISS "QuickScore 2.0" and Verification of ISS Data By February 7, 2014

On January 27, 2014, Institutional Shareholder Services (ISS) released its Governance QuickScore 2.0 technical document outlining key changes to the governance scoring model for QuickScore 2.0 for 2014…more

ISS, QuickScore, Verification Requirements

See All Updates »

Steven Levine

Legal Resource Guide for Startup Entrepreneurs

In this Guide: - Guide to Starting a Corporation - Venture Capital for High Technology Companies - Angel/Seed Financing Survey – 2012: Internet/Digital Media and Software Industries - Trends in…more

Entrepreneurs, Patents, Startups, Venture Capital

See All Updates »

Kathleen Lu

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to a…more

America Invents Act, Beastie Boys, CLS Bank v Alice Corp, Copyright, Covered Business Method Patents

See All Updates »

Blake Martell

New ISS "QuickScore 2.0" and Verification of ISS Data By February 7, 2014

On January 27, 2014, Institutional Shareholder Services (ISS) released its Governance QuickScore 2.0 technical document outlining key changes to the governance scoring model for QuickScore 2.0 for 2014…more

ISS, QuickScore, Verification Requirements

See All Updates »

David Marty

Privacy Alert: New COPPA Rule Effective July 1, 2013

New amendments to the Children’s Online Privacy Protection Rule go into effect today, July 1, 2013. Amongst the significant changes introduced by the new Rule, the newly expanded definition of “personal information” and new…more

COPPA, Data Collection, Internet, New Regulations, Right to Privacy

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Melanie Mayer

Litigation Alert: Supreme Court Rules on “Reverse Payment” Settlements in Federal Trade Commission v. Actavis, Inc.

Today, the U.S. Supreme Court held in Federal Trade Commission v. Actavis, Inc. that so-called “reverse payment” settlement agreements should be analyzed under a rule-of-reason analysis under which the court assesses any…more

ANDA, Anti-Competitive, Antitrust Litigation, FTC, FTC v Actavis

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Daniel J. McCoy

No Showing That “Primarily Engaged In” Requirement Met Where Executive Employee Spent More Than 50% Of Time Performing Non-Exempt Duties

In Guilfoyle v. Dollar Tree Stores, Inc., a federal district court in California held that an employer was unable to meet the “primarily engaged in” requirement of the executive exemption test where the employee spent more than…more

Classification, Employer Liability Issues, Exempt-Employees, Non-Exempt Employees

See All Updates »

Bradley Meissner

FCC Changes to the Telephone Consumer Protection Act Take Effect October 16

Effective October 16, 2013, there will be significant changes to the Federal Communications Commission’s (“FCC”) rules implementing the Telephone Consumer Protection Act of 1991 (the “TCPA”), 47 U.S.C. § 227. Of particular…more

FCC, Robocalling, Spam, TCPA, Telemarketing

See All Updates »

Stuart Meyer

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to a…more

America Invents Act, Beastie Boys, CLS Bank v Alice Corp, Copyright, Covered Business Method Patents

See All Updates »

Sarah Mirza

Thwarting 'The Great Patent Revolt' in your Engineering Organizations

When a patent practitioner reads an article calling on engineers to stage a patent strike within their organizations, alarm is the natural reaction. For in-house counsel, such articles and sentiments (which I have found to be…more

Patent Applications, Patents

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Ciara Mittan

Right of Publicity? First, Let Me Take a Selfie

“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the shot using his Samsung smartphone during a visit to the…more

First Amendment, Right of Publicity

See All Updates »

Charlene Morrow

Legal Resource Guide for Startup Entrepreneurs

In this Guide: - Guide to Starting a Corporation - Venture Capital for High Technology Companies - Angel/Seed Financing Survey – 2012: Internet/Digital Media and Software Industries - Trends in…more

Entrepreneurs, Patents, Startups, Venture Capital

See All Updates »

Marshall Mort

Executive Compensation and Employee Benefits Alert: IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former employees)…more

Employee Benefits, Employee Stock Purchase Plans, Executive Compensation, Filing Requirements, IRS

See All Updates »

Kevin P. Muck

Litigation Alert: Amgen: A Pyrrhic Victory For Plaintiffs in Securities Class Actions?

In a 6-3 decision issued last week, the Supreme Court ruled in Amgen Inc. v. Connecticut Ret. Plans & Trust Funds, 568 U.S. ___, 2013 WL 691001 (Feb. 27, 2013), that shareholders bringing class actions under Section 10(b) of the…more

Amgen Inc. v Connecticut Retirement Plans, Class Action, Class Certification, Fraud, Fraud-on-the-Market

See All Updates »

Susan S. Muck

Securities Litigation Alert: DOJ and SEC Issue Joint Guidance on FCPA

The past several years have seen a dramatic increase in the number of enforcement actions brought by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) under the Foreign Corrupt Practices Act…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

See All Updates »

Horace Nash

Corporate and Securities Alert: SEC Guidance on Using Social Media to Disclose Material Non-public Information

On April 2, 2013, the Securities and Exchange Commission issued noteworthy guidance on the use of social media to disclose material information in compliance with Regulation FD (Fair Disclosure)…more

Facebook, Investors, Netflix, Public Disclosure, Reed Hastings

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Tyler G. Newby

Privacy Alert: California Passes Trio of New Online Privacy and Data Security Measures

In the last month, the California legislature passed and Governor Jerry Brown signed into law amendments to two of California’s signature privacy and data security laws and one new consumer privacy law aimed at enhancing privacy…more

CalOPPA, Cybersecurity, Data Protection, Internet, Privacy Laws

See All Updates »

Kristin O'Hanlon

Executive Compensation and Employee Benefits Alert: IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former employees)…more

Employee Benefits, Employee Stock Purchase Plans, Executive Compensation, Filing Requirements, IRS

See All Updates »

Dan Ko Obuhanych

No Showing That “Primarily Engaged In” Requirement Met Where Executive Employee Spent More Than 50% Of Time Performing Non-Exempt Duties

In Guilfoyle v. Dollar Tree Stores, Inc., a federal district court in California held that an employer was unable to meet the “primarily engaged in” requirement of the executive exemption test where the employee spent more than…more

Classification, Employer Liability Issues, Exempt-Employees, Non-Exempt Employees

See All Updates »

Mark Ostrau

Antitrust Alert: New HSR Thresholds for 2014

The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect the end of February. All transactions closing on or after the effective date will be governed by the new…more

Antitrust Provisions, FTC, Hart-Scott-Rodino Act, Mergers

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Lynn Pasahow

Life Sciences Alert: Unanimous Supreme Court Decision in Ass'n for Mol. Pathology v. Myriad Genetics Inc.

Yesterday, a unanimous Supreme Court decision in Ass’n for Mol. Pathology v. Myriad Genetics, Inc., held that Myriad’s claims directed to “a naturally occurring segment of … [DNA]” are not patent eligible despite their…more

AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad

See All Updates »

Rajiv Patel

Legal Resource Guide for Startup Entrepreneurs

In this Guide: - Guide to Starting a Corporation - Venture Capital for High Technology Companies - Angel/Seed Financing Survey – 2012: Internet/Digital Media and Software Industries - Trends in…more

Entrepreneurs, Patents, Startups, Venture Capital

See All Updates »

Michael J. Patrick

Trends in Legal Terms in Venture Financings in Israel 2013

Background — We have analyzed the terms of venture financings for Israeli and Israeli-related technology companies that reported raising money during 2013. Our survey does not include financing rounds of less than US $500,000…more

Venture Capital

See All Updates »

Stefano Quintini

Privacy Alert: California Passes Trio of New Online Privacy and Data Security Measures

In the last month, the California legislature passed and Governor Jerry Brown signed into law amendments to two of California’s signature privacy and data security laws and one new consumer privacy law aimed at enhancing privacy…more

CalOPPA, Cybersecurity, Data Protection, Internet, Privacy Laws

See All Updates »

Ravi Ranganath

Landmark Decision Limits the Authority of the International Trade Commission

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the…more

Imports, Indirect Infringement, Induced Infringement, ITC, Patent Infringement

See All Updates »

Robin Reasoner

Legal Resource Guide for Startup Entrepreneurs

In this Guide: - Guide to Starting a Corporation - Venture Capital for High Technology Companies - Angel/Seed Financing Survey – 2012: Internet/Digital Media and Software Industries - Trends in…more

Entrepreneurs, Patents, Startups, Venture Capital

See All Updates »

Saundra Riley

New Tax Law—Think Twice Before Agreeing Not to Contest UI Claim

Under amendments to the Unemployment Insurance Integrity Act of 2011 that took effect in late October, employers must now timely and adequately respond to a state unemployment agency’s information request about an employee’s…more

Fines, Information Requests, Penalties, Reporting Requirements, Unemployment Benefits

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Matthew Rossiter

Life Sciences Financing Survey - First Half, 2013

In This Issue: - Summary - Analysis of Industry Data - Detailed Fenwick & West Results: Valuation - Detailed Fenwick & West Results: Financing Terms …more

Biotechnology, Financing, Life Sciences, Pharmaceutical

See All Updates »

Ilana Rubel

Landmark Decision Limits the Authority of the International Trade Commission

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the…more

Imports, Indirect Infringement, Induced Infringement, ITC, Patent Infringement

See All Updates »

Robert Sachs

Fenwick & West and George Mason University Patentable Subject Matter Roundtable Recap

On January 31, 2014, Fenwick & West and the Center for the Protection of Intellectual Property (CPIP) at George Mason University School of Law held a roundtable on Patentable Subject Matter at Fenwick’s Silicon Valley office…more

Patent Applications, Patent-Eligible Subject Matter, Patents

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Michael A. Sands

Employees May Choose to Use Vacation Instead of FMLA or CFRA Leave for Medical Absences

The Ninth Circuit (California) held in Escriba v. Foster Poultry Farms, Inc. that an employee can choose to use vacation instead of leave under the Family and Medical Leave Act (“FMLA”) or California Family Rights Act (“CFRA”)…more

CFRA, FMLA, Sick Leave, Vacation Leave

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Victor Schachter

Fenwick Employment Brief - June 2013: Alert: “Unpaid Interns” Held to be Employees Who Should Have Been Paid

As this FEB went to publication, a federal district court in New York issued an important — and very instructive — decision on the compensation of unpaid interns at for-profit companies. In Glatt v. Fox Searchlight Pictures, the…more

FLSA, Internships, Minimum Wage, Unpaid Interns, Wages

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Ronald Schrotenboer

Tax Alert: FTB Disallows California Qualified Small Business Stock Benefits

The California Franchise Tax Board (FTB) recently issued FTB Notice 2012-03, stating that the FTB will disallow the exclusion or deferral of gain under California's qualified small business stock (QSBS) statute for all tax years…more

Commerce Clause, Cutler v Franchise Tax Board, Franchise Tax Board, Gain Exclusion, Income Taxes

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Antonia Sequeira

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to a…more

America Invents Act, Beastie Boys, CLS Bank v Alice Corp, Copyright, Covered Business Method Patents

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Adriana Sherwood

Executive Compensation and Employee Benefits Alert: IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former employees)…more

Employee Benefits, Employee Stock Purchase Plans, Executive Compensation, Filing Requirements, IRS

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Michael Shuster

Life Sciences Alert: Unanimous Supreme Court Decision in Ass'n for Mol. Pathology v. Myriad Genetics Inc.

Yesterday, a unanimous Supreme Court decision in Ass’n for Mol. Pathology v. Myriad Genetics, Inc., held that Myriad’s claims directed to “a naturally occurring segment of … [DNA]” are not patent eligible despite their…more

AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad

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Paul Smith

Who Gives A Sheet About Graphene?

Graphene — a sheet of graphite that is one carbon atom thick — has been the subject of research efforts since the 1960s. With recent advances in synthesis methods, development of graphene-based inventions and the corresponding…more

Patents, Technology

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Ronnie Soloman

Litigation Alert: Supreme Court’s Lexmark Decision Creates Uniform Federal False Advertising Standing Requirement

On March 25, the Supreme Court issued its opinion in Lexmark International v. Static Control Components, ruling that Static Control may proceed with its false advertising counterclaim under Section 43(a) of the Lanham Act…more

False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components, SCOTUS

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Jae Won Song

Landmark Decision Limits the Authority of the International Trade Commission

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the…more

Imports, Indirect Infringement, Induced Infringement, ITC, Patent Infringement

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Scott P. Spector

New ISS "QuickScore 2.0" and Verification of ISS Data By February 7, 2014

On January 27, 2014, Institutional Shareholder Services (ISS) released its Governance QuickScore 2.0 technical document outlining key changes to the governance scoring model for QuickScore 2.0 for 2014…more

ISS, QuickScore, Verification Requirements

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Jennifer Stanley

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to a…more

America Invents Act, Beastie Boys, CLS Bank v Alice Corp, Copyright, Covered Business Method Patents

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Matthew Stewart

Growth Equity: Who is in Control?

As I discussed in an earlier article, growth equity (or growth capital) resides on the continuum of private equity investing at the intersection of venture capital and control buyouts. Growth capital is designed to facilitate…more

Breach of Contract, Control Buyouts, Debt Financing, Growth Equity, Injunctions

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David Tellekson

Litigation Alert: Supreme Court Rules on “Reverse Payment” Settlements in Federal Trade Commission v. Actavis, Inc.

Today, the U.S. Supreme Court held in Federal Trade Commission v. Actavis, Inc. that so-called “reverse payment” settlement agreements should be analyzed under a rule-of-reason analysis under which the court assesses any…more

ANDA, Anti-Competitive, Antitrust Litigation, FTC, FTC v Actavis

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Hailey Teton

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to a…more

America Invents Act, Beastie Boys, CLS Bank v Alice Corp, Copyright, Covered Business Method Patents

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Enia Titova

Litigation Alert: Federal Circuit Split on Patent Eligible Subject Matter Analysis

Last week, the Federal Circuit, sitting en banc, issued a much-anticipated decision in CLS Bank Int'l, et al., v. Alice Corporation Pty, Ltd. involving the test for when computer-related inventions are unpatentable "abstract…more

CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents

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Jeffrey Vetter

Key Metrics for Recent Technology and Life Sciences Initial Public Offerings

In This Survey: - Survey Results - Offerings Completed - Size of Offering 2013, First Half - Size of Offering 2011-2012 - Aggregate Amount Raised 2013, First Half - Aggregate…more

IPO, Life Sciences, Technology

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Jedediah Wakefield

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to a…more

America Invents Act, Beastie Boys, CLS Bank v Alice Corp, Copyright, Covered Business Method Patents

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Elizabeth White

Intellectual Property Bulletin - Winter 2013

In This Bulletin: - Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case - Murky Waters: Post-Approval Regulatory Activities and the § 271(e)(1)…more

Covenant Not to Sue, Drug Manufacturers, FDA, Generic Drugs, Mootness

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Lauren Whittemore

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to a…more

America Invents Act, Beastie Boys, CLS Bank v Alice Corp, Copyright, Covered Business Method Patents

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Sean Wikner

Litigation Alert: Seventh Circuit Provides an Assist to Internet Content Providers in Pippen v. NBCUniversal

On August 21, 2013, the Seventh Circuit in Pippen v. NBCUniversal Media, LLC, et al. (Case No. 12-3294) affirmed the Northern District of Illinois’ dismissal of Scottie Pippen’s defamation lawsuit against a number of media and…more

Actual Malice, Athletes, Defamation, NBA, NBC

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Michael Davis-Wilson

Publicity rights vs. the First Amendment

The right of publicity continues to emerge as a significant intellectual property right of which businesses must be aware—not only in the context of advertising and marketing, but in the context of a company’s product itself…more

Advertising, First Amendment, Right of Publicity, Transformativeness

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Daniel Winnike

Key Metrics for Recent Technology and Life Sciences Initial Public Offerings

In This Survey: - Survey Results - Offerings Completed - Size of Offering 2013, First Half - Size of Offering 2011-2012 - Aggregate Amount Raised 2013, First Half - Aggregate…more

IPO, Life Sciences, Technology

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Darryl Woo

Landmark Decision Limits the Authority of the International Trade Commission

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the…more

Imports, Indirect Infringement, Induced Infringement, ITC, Patent Infringement

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Madeline Zamoyski

Privacy Alert: California Passes Trio of New Online Privacy and Data Security Measures

In the last month, the California legislature passed and Governor Jerry Brown signed into law amendments to two of California’s signature privacy and data security laws and one new consumer privacy law aimed at enhancing privacy…more

CalOPPA, Cybersecurity, Data Protection, Internet, Privacy Laws

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Mitchell Zimmerman

Google Wins Summary Judgment in Books Case - Full Copying to Make Search Snippets Available to End-Users Held Fair Use

Round one of the long-fought Google Books case has ended in a summary judgment victory for defendant Google. The Federal District Court for the Southern District of New York held yesterday that Google’s copying, use,…more

Author's Guild v Google, Copyright, Fair Use, Google, Google Books

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