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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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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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See All Updates »
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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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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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Fenwick & West copyright litigation partner Andrew P. Bridges discusses two cautionary tales in which copyright holders used the Copyright Act to sue for a massive windfall of statutory damages. According to Mr. Bridges,…more
Copyright, Damages, Record Labels
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With data security breaches dominating the headlines and a rising number of employees taking advantage of BYOD, or bring your own device to work policies, businesses have found themselves vulnerable to targets by hackers,…more
Bring Your Own Device, Cybersecurity, Data Breach, Data Protection, Encryption
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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With venture capital funding of digital health up 45 percent in 2012, according to Rock Health, we're hearing a lot about mobile health apps and healthcare IT. You may be asking yourself what is digital health? Hear my take on…more
Health Information Technologies, Healthcare, Innovation, Mobile Apps, Venture Capital
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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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See All Updates »
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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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See All Updates »
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In Westendorf v. West Coast Contractors of Nevada, Inc., the Ninth Circuit upheld the dismissal of a sexual harassment complaint, despite offensive comments made by plaintiff's supervisor and coworkers, including a request that…more
Construction Workers, Employer Liability Issues, Protected Activity, Retaliation, Sexual Harassment
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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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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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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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See All Updates »
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In This Publication:
- I. Introduction
- II. Rights Implicated By Transmission And Use Of Works On The Internet
A. The Right of Reproduction -
1. The Ubiquitous Nature of "Copies" on the Internet…more
Copyright, Digital Downloads, DMCA, Fair Use, Internet
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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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See All Updates »
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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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See All Updates »
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Scott Joachim, chair of Fenwick’s Private Equity Group, discusses the different vehicles through which limited partnerships (LPs) diversify their investments across venture capital (VC) and private equity (PE) funds. Baseball…more
Hedge Funds, Investment Funds, Private Equity, Venture Funding
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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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In This Issue:
- Feature Articles:
- California Court Of Appeal Significantly Expands Pregnancy Leave Rights
- New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness…more
Disability Discrimination, Discrimination, FEHA, Flex-Time Policies, FMLA
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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Background-We analyzed the terms of venture financings for 118 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2013…more
Angel Investors, Crowdfunding, IPO, Liquidation, Nasdaq
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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In early 2011 we published our first Seed Financing Survey (for 2010) in recognition of the growing importance of seed financing to entrepreneurs and the venture capital environment, especially in the internet/digital media and…more
Angel Investors, Asset Diversification, Entrepreneurs, Internet, Investors
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See All Updates »
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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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See All Updates »
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A California Superior Court judge has dismissed with prejudice a privacy suit brought by California Attorney General Kamala Harris against Delta Airlines. The complaint, filed in December of 2012, alleged that Atlanta-based…more
Data Collection, Delta Airlines, Mobile Apps, Mobile Privacy, Mobile Privacy Disclosures
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See All Updates »
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On March 25, 2013, the U.S. Supreme Court heard oral argument in FTC v. Actavis, Inc.,1 which is on appeal from the U.S. Court of Appeals for the Eleventh Circuit. This case addresses a type of patent litigation settlement most…more
FDA, FTC v Actavis, Generic Drugs, Patents, Pay-For-Delay
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See All Updates »
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The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his former employer's computer network, causing $90,000 in damage. The complaint…more
Criminal Sanctions, Hackers, Software Developers
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See All Updates »
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This short summary covers the top issues brand owners should consider regarding whether or not to apply for a gTLD. Fenwick & West Trademark associate Kate McNight discusses registration of generic top level domains (gTLDs)…more
Brand, Domain Names, gTLD
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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A California Superior Court judge has dismissed with prejudice a privacy suit brought by California Attorney General Kamala Harris against Delta Airlines. The complaint, filed in December of 2012, alleged that Atlanta-based…more
Data Collection, Delta Airlines, Mobile Apps, Mobile Privacy, Mobile Privacy Disclosures
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See All Updates »
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The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his former employer's computer network, causing $90,000 in damage. The complaint…more
Criminal Sanctions, Hackers, Software Developers
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See All Updates »
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The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect on February 11, 2013. All transactions closing on or after that date will be governed by the new…more
DOJ, FTC, Hart-Scott-Rodino Act, Threshhold Requirements
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See All Updates »
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Background-We analyzed the terms of venture financings for 118 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2013…more
Angel Investors, Crowdfunding, IPO, Liquidation, Nasdaq
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See All Updates »
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Social media policies. Chances are your company has one, is in the process of drafting one, or is worried about not having one. Employees continue to gripe about their jobs and their bosses on Facebook, as states like…more
Costco, Dish Network, Facebook, Karl Knauz Motors, NLRA
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In this Survey:
- Overview of Fenwick & West Results
- Analysis of Industry Data
- Detailed Fenwick & West Results: Valuation
- Detailed Fenwick & West Results: Financing Terms
- Detailed…more
Investment Funds, IPO, Life Sciences, Liquidation, Mergers
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See All Updates »
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In This Issue:
- Feature Articles:
- California Court Of Appeal Significantly Expands Pregnancy Leave Rights
- New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness…more
Disability Discrimination, Discrimination, FEHA, Flex-Time Policies, FMLA
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See All Updates »
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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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See All Updates »
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You can't patent it all. Inventors often want to patent every potentially novel detail of their technologies and patent attorneys are sometimes willing to help them do it. However, this type of unfocused, shotgun approach often…more
Emerging Growth Companies, Inventions, Inventors, Patent Applications, Patent Portfolios
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See All Updates »
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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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See All Updates »
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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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See All Updates »
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Meltwater News infringed copyrights of the Associated Press (AP), the U.S. District Court for the Southern District in Manhattan held last week, when Meltwater republished excerpts of AP news stories as part of its online news…more
Associated Press, Copyright, Fair Use, Infringement, Journalism
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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After a two-year comment process, the Federal Trade Commission adopted its long-awaited amendments to the Children's Online Privacy Protection Rule in December 2012. The amendments, which go into effect July 1, 2013, clarify,…more
Advertising, Behavioral Advertising, COPPA, Data Collection, FTC
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See All Updates »
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Resolving the long legal struggle over the scope of the Copyright Act's provision governing the right of copyright owners to control imports, the Supreme Court held on Tuesday that the first sale doctrine embodied in 17 U.S.C. §…more
Copyright, Exports, First Sale Doctrine, Grey Market, Imports
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