Fenwick & West LLP

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Silicon Valley Center
801 California Street
Mountain View, CA 94041, United States
Phone: 650-988-8500
Fax: 650-938-5200
Practice Groups
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Energy & Utilities
  • Government
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
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Other U.S. Locations
  • California
  • D.C.
  • New York
  • Washington
Other Countries
  • China
Number of Attorneys
400+ Attorneys

And the Winner is? Digital Platform Liability for Trademark Infringement

Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself infringe…more

ACPA, Amazon, Consumer Confusion, Contributory Infringement, Copyright

See all updates »

Federal Circuit Turns the Burden on Trademark Owners to Prove Identical Third-Party Marks Are Not in Use

In Spireon, Inc. v. Flex Ltd., No. 2022-1578 (Fed. Cir. June 26, 2023), the Federal Circuit took a surprising turn in which it held that it is the trademark owner’s burden to prove that identical third-party marks put forth by…more

Corporate Counsel, Intellectual Property Protection, Likelihood of Confusion, Non-Use of Trademarks, Trademark Litigation

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SEC Finalizes “Dealer” Regulation – Uncertain Impact to Cryptoasset Market Participants

On February 6, the United States Securities and Exchange Commission (SEC) voted 3-2 to adopt Rules 3a5-4 and 3a44-2 under the Securities Exchange Act of 1934 (“Exchange Act”), as a final regulation to further clarify the…more

Decentralized Finance (DeFi), Final Rules, Financial Industry Regulatory Authority (FINRA), Financial Institutions, New Regulations

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Antitrust Breakup Fees: 2023 Data and Key Takeaways for Future Dealmaking

Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”…more

Acquisitions, Antitrust Division, Antitrust Provisions, Competition, Corporate Governance

See all updates »

Intellectual Property Bulletin - Spring 2018

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in…more

Bitcoin, Blockchain, Copyright, Cryptocurrency, Digital Currency

See all updates »

CARES Act: What the Paycheck Protection Program Means for Startups

On March 27, 2020, Congress passed, and the President has signed into law?, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act includes relief to small businesses across the country in the form of up…more

CARES Act, Coronavirus/COVID-19, Covered Employer, Paycheck Protection Program (PPP), Popular

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Check(ered) Mate?

On March 18, 2021, Nike filed a cancellation action at the Trademark and Trial Appeal Board against Vans’ recently granted registration on the Supplemental Register for a checkerboard pattern that goes down the sleeve of shirts,…more

Nike, Supplemental Register, Trademark Application, Trademark Cancellation, Trademark Infringement

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Understanding the Corporate Transparency Act After National Small Business United

On January 1, 2024, the Corporate Transparency Act (CTA) came into effect. The CTA represents a novel regulatory development in the United States that requires a broad class of legal entities (referred to as “reporting…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

See all updates »

IRS Filing and Reporting Requirements for ISO…

This Client 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…more

Employee Stock Purchase Plans, Filing Deadlines, Incentive Stock Options, IRS, ISOs

See all updates »

Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering…more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions?

An inventor develops an invention, files a patent application and assigns the application for value to the company they founded. Later, the inventor founds another company and develops an improved version of their original…more

Assignor Estoppel, Employer Liability Issues, Inventions, Investors, Minerva Surgical Inc. v Hologic Inc.

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Ninth Circuit to Rehear Appealability of Denied Anti-SLAPP Motions

The Ninth Circuit has granted a rehearing en banc in Martinez v. ZoomInfo Tech., Inc. concerning the appealability of denial of anti-SLAPP motions under the collateral order doctrine. Historically, the Ninth Circuit has…more

Anti-SLAPP, Appeals, Collateral Order Doctrine, Denial of Rehearing, Erie Doctrine

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SEC Commissioner Dissents in Crypto Enforcement Action

The Securities and Exchange Commission (SEC) announced on September 15, 2020, that it charged online esports gaming and gambling platform Unikrn with violations of Section 5 of the Securities Act of 1933 (Securities Act) for…more

Cryptocurrency, Dissenting Opinions, Enforcement Actions, eSports, Howey

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Ignorance of the Law is an Excuse, at Least for Copyright Registrations, SCOTUS Rules

It’s not uncommon for individuals or small businesses to try to save money by filing copyright applications themselves. It’s also not uncommon for some of these registrations to include factual or legal errors, jeopardizing the…more

Copyright, Copyright Litigation, Copyright Registration, Intellectual Property Protection, SCOTUS

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ESG Insights: Silicon Valley’s Largest Public Tech and Life Sciences Companies Expanded ESG Reporting in 2023

Amidst challenges and conflicting demands from a variety of stakeholders, technology and life sciences companies have increased their voluntary disclosure regarding environmental, social and governance (ESG) concerns. Despite…more

Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Greenhouse Gas Emissions

See all updates »

Diversifying the Boardroom: What Silicon Valley-Based and Other Large Public Companies Disclosed in 2022

The intense focus on board diversity from a variety of stakeholders over the last several years has spurred many companies to examine the composition of their boards and to take action to diversify their boardrooms. While the…more

Board of Directors, Corporate Governance, Department of Labor (DOL), Disclosure Requirements, Diversity

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The SEC Adopts Final Climate-Related Disclosure Rules

On March 6, 2024, the SEC adopted final rules (Final Rules) requiring extensive climate-related disclosures in companies’ annual reports and registration statements. The new rules are set forth in Release No. 33-11275. The…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility

See all updates »

SCOTUS to Weigh Whether a Court or Arbitrator Should Decide if a Subsequent Agreement Narrows a Preceding Arbitration Agreement Containing a Delegation Clause

The United States Supreme Court recently granted a petition for certiorari to review a Ninth Circuit decision and resolve the issue of whether, when parties enter into an arbitration agreement with a delegation clause, the court…more

Arbitration, Arbitration Agreements, Arbitrators, Blockchain, Certiorari

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De-Mystifying the “Flip:” European Companies Coming to the US

There a lot of matters to consider when a European company decides it wants to open operations in the U.S., and one common structure for doing so is anecdotally known as a “flip”—inserting a U.S. corporation above a European…more

Corporate Structures, Early Stage Companies, Emerging Growth Companies, EU, Flip Transactions

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California State to Require Venture Capital Companies to Collect Diversity Data

California recently passed a bill, SB-54, in an effort to increase transparency regarding diversity in the venture capital industry and to encourage investments in diverse founders. SB 54 will require “covered entities” to…more

California, Data Collection, Disclosure Requirements, Diversity, Financial Reporting

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Intellectual Property Bulletin - Spring 2018

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in…more

Bitcoin, Blockchain, Copyright, Cryptocurrency, Digital Currency

See all updates »

SEC v. Ripple Labs: Securities Law Analysis Under Howey Applied On A Transaction-By-Transaction Basis

It’s the Transaction, Not the Token. Issuers cannot offer or sell securities without registering them with the SEC under Section 5 of the Securities Act of 1933 or finding a valid exemption from registration. XRP is the…more

Buyers, Cryptocurrency, Digital Assets, Enforcement Actions, Howey

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The EU Copyright Directive: Potential Copyright Liability and a “Best Efforts” Standard for Platforms

In 2019, the Council of the European Union’s Committee of Permanent Representatives approved a Directive on Copyright in the Digital Single Market to respond to developments in the modes and markets for creation, production and…more

Best Efforts Clauses, Copyright, Copyright Infringement, Data Collection, Data Privacy

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California’s New Landmark Data Privacy Regulation and What Companies Need to Do to Comply

What You Need to Know Now - • The new law takes effect January 1, 2020, but there’s a lot to do so you need to start work now. • The new law expands the definition of personal information and gives California consumers…more

Consumer Privacy Rights, Cybersecurity, Data Breach, Data Collection, Data Privacy

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Federal Government Announces Study of U.S. Space Industry with Mandatory Private Sector Participation

The Department of Commerce (Commerce), in partnership with the National Aeronautics and Space Administration (NASA) and the National Oceanic and Atmospheric Administration (NOAA), announced that it was launching a comprehensive…more

Compliance, Department of Transportation (DOT), Failure to Comply, FOIA, Mandatory Requirements

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Intellectual Property Bulletin - Spring 2018

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in…more

Bitcoin, Blockchain, Copyright, Cryptocurrency, Digital Currency

See all updates »

Copyright Office Releases Post-MMA Report on Unclaimed Royalties

On July 8, 2021, the U.S. Copyright Office released a public report, Unclaimed Royalties: Best Practice Recommendations for the Mechanical Licensing Collective, as required by the Music Modernization Act (MMA). The passage of…more

Copyright, Copyright Office, Copyright Ownership, Digital Service Providers, Licensing Rules

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PTAB Trials Evolving Toward the Litigation Alternative Congress Envisioned

The recent decision in SAS Institute v. Iancu — in combination with the proposed shift from a broadest reasonable interpretation (BRI) standard to the Phillips standard for claim construction used in district court — moves…more

America Invents Act, Broadest Reasonable Interpretation Standard, Claim Construction, Inter Partes Review (IPR) Proceeding, Patent Litigation

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Takeaways from SEC’s First Ever Enforcement Actions Against Cryptocurrency Firms for Failing to Register as a Broker-Dealer and Investment Company

Over the past year, the U.S. Securities and Exchange Commission has ramped up its scrutiny of cryptocurrencies and other digital token offerings. On Sept. 11, 2018, the SEC escalated its crackdown when it announced a pair of…more

Broker-Dealer, Civil Monetary Penalty, Cryptocurrency, Digital Assets, Digital Currency

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IRS Filing and Reporting Requirements for ISO…

This Client 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…more

Employee Stock Purchase Plans, Filing Deadlines, Incentive Stock Options, IRS, ISOs

See all updates »

U.S. Imposes New Sanctions on Russia and Warns of Substantial Risks of Doing Business in Russia

The United States imposed a new round of economic sanctions and export restrictions on Russia today, marking the second anniversary of Russia’s invasion of Ukraine and following the death of Russian opposition leader, Alexei…more

Bureau of Industry and Security (BIS), Business Operations, Doing Business, Economic Sanctions, Entity List

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The Women’s Health Marathon Starts with a Sprint

The first stage of First Lady Dr. Jill Biden’s White House Initiative on Women’s Health Research kicked off on March 6, 2024, when the Department of Health and Human Services ARPA-H Sprint for Women’s Health held a proposer day…more

Federal Funding, Healthcare, Preventive Health Care, Regulatory Agenda, Regulatory Reform

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Additional US Sanctions and Export Controls Issued Against Russia and Belarus as Russian Invasion of Ukraine Persists

This alert summarizes the current state of trade measures and restrictions against both Russia and Belarus, following our last update on February 25, 2022…more

Aircraft, Belarus, Biden Administration, Bureau of Industry and Security (BIS), ECCNs

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SEC Proposed Amendments to Rule 701 and Form S-8 and a New Temporary…

The U.S. Securities and Exchange Commission has issued Release No. 33-10891 proposing amendments to Securities Act Rule 701, which provides an exemption from registration for the issuance of compensatory securities by private…more

Capital Raising, Disclosure Requirements, Equity Securities, Financial Statements, Form S-8

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Creativity and Technology: The FTC’s Warning Shot When Creating and Marketing Digital Products Using Artificial Intelligence

The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market. While…more

Artificial Intelligence, Copyright, Digital Media, Federal Trade Commission (FTC), FTC Act

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Keep Your Personal Data Flowing – How to Navigate the Changing Tides of the New EU Guidance and UK-EU Brexit Deal

Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in Data Protection Commissioner v…more

Cooperation Agreement, Data Protection, Data Transfers, EU, EU-US Privacy Shield

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The SEC Adopts Final Climate-Related Disclosure Rules

On March 6, 2024, the SEC adopted final rules (Final Rules) requiring extensive climate-related disclosures in companies’ annual reports and registration statements. The new rules are set forth in Release No. 33-11275. The…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility

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5 Actions to Take in Reaction to the EU Invalidation of Privacy Shield

In a landmark opinion issued on July 16, 2020, the European Court of Justice overturned the EU-U.S. Privacy Shield, less than four years after the European Commission decision that the privacy principles of the EU-U.S. Privacy…more

Corporate Counsel, Data Protection Authority, EU, EU-US Privacy Shield, European Commission

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Nuro’s Acquisition of California’s Deployment Permit Signals a New Era

For autonomous vehicle (AV) and related technology companies, 2020 might be remembered primarily as the year of the Special Purpose Acquisition Company (SPAC) given the number of companies, including Luminar Technologies, Nikola…more

Automated Transportation, Automation Systems, Automotive Industry, Autonomy, Connected Cars

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How Do I Avoid Indefiniteness with No Intrinsic Record Support?

In Kaneka Corporation v. Zhejiang Medicine, the U.S. District Court for the Central District of California held that expert testimony alone was sufficient to avoid summary judgment of indefiniteness under 35 U.S.C. § 112 ¶ 2,…more

Expert Testimony, Indefiniteness, Intrinsic Test, Patent Litigation, Patent Validity

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Antitrust Breakup Fees: 2023 Data and Key Takeaways for Future Dealmaking

Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”…more

Acquisitions, Antitrust Division, Antitrust Provisions, Competition, Corporate Governance

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AAA Issues Updates to Consumer Mass Arbitration Rules and Fee Schedule

The American Arbitration Association (AAA) recently amended its Supplemental Rules on Mass Arbitrations as well as its fee schedule, in an attempt to streamline these arbitrations. These rules could potentially change the…more

American Arbitration Association, Arbitration, Arbitration Agreements, Dispute Resolution, Fees

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Litigation-Proofing Your Trade Secrets: Practical Steps to Ensure They’re Enforceable in Court

Trade secret litigation is on the rise, and new case law related to enforceability has broad implications for how companies protect information that they consider to be trade secrets. The Lex Machina 2020 Trade Secret…more

Confidential Information, Corporate Counsel, Defend Trade Secrets Act (DTSA), Employer Liability Issues, Exit Interviews

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U.S. Imposes New Sanctions on Russia and Warns of Substantial Risks of Doing Business in Russia

The United States imposed a new round of economic sanctions and export restrictions on Russia today, marking the second anniversary of Russia’s invasion of Ukraine and following the death of Russian opposition leader, Alexei…more

Bureau of Industry and Security (BIS), Business Operations, Doing Business, Economic Sanctions, Entity List

See all updates »

AAA Issues Updates to Consumer Mass Arbitration Rules and Fee Schedule

The American Arbitration Association (AAA) recently amended its Supplemental Rules on Mass Arbitrations as well as its fee schedule, in an attempt to streamline these arbitrations. These rules could potentially change the…more

American Arbitration Association, Arbitration, Arbitration Agreements, Dispute Resolution, Fees

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Telemarketing in the Age of AI: The FCC’s Latest Ruling

The FCC is grappling with issues at the intersection of AI and consumer marketing. On February 2, 2024, the FCC adopted a declaratory ruling that AI-generated human voices constitute “artificial or prerecorded voice[s]” under…more

Artificial Intelligence, FCC, Prior Express Consent, TCPA, Technology

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California State to Require Venture Capital Companies to Collect Diversity Data

California recently passed a bill, SB-54, in an effort to increase transparency regarding diversity in the venture capital industry and to encourage investments in diverse founders. SB 54 will require “covered entities” to…more

California, Data Collection, Disclosure Requirements, Diversity, Financial Reporting

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5 Practical Employment Tips You Need to Know for 2024

2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through the…more

Arbitration Agreements, Artificial Intelligence, California, Department of Labor (DOL), Employee Benefits

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SEC v. Ripple Labs: Securities Law Analysis Under Howey Applied On A Transaction-By-Transaction Basis

It’s the Transaction, Not the Token. Issuers cannot offer or sell securities without registering them with the SEC under Section 5 of the Securities Act of 1933 or finding a valid exemption from registration. XRP is the…more

Buyers, Cryptocurrency, Digital Assets, Enforcement Actions, Howey

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IRS Releases Proposed Regulations on Digital Asset Transaction Reporting

On Friday, August 25, 2023, the U.S. Treasury Department (Treasury) released proposed regulations interpreting the broker reporting rules for digital assets that were part of the 2021 Infrastructure Investment and Jobs Act (the…more

Brokers, Digital Assets, Fair Market Value, Infrastructure Investment and Jobs Act (IIJA), IRS

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NAIC Forms Third-Party Data and Models Task Force and Proposes 2024 Charges and Work Plan

At the recent National Association of Insurance Commissioners (NAIC) meeting in Phoenix, Arizona (March 14–18), a new Third-Party Data and Models Task Force (Task Force) was created. The charges of the Task Force are twofold…more

Artificial Intelligence, Business Model, Insurance Industry, Machine Learning, NAIC

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ESG Reporting for Private Companies

As we have noted in our previous report, environmental, social and governance (ESG) issues have garnered significant attention from a variety of stakeholders, resulting in increased reporting by many companies. While much of the…more

Acquisitions, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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The BIOSECURE Act: Too Early to Call?

A congressional proposal to sever ties between United States and Chinese biopharmaceutical companies is far from a done deal, but its bipartisan support is a concrete reminder to consider options for supply chain diversification…more

Biopharmaceutical, China, Legislative Agendas, Life Sciences, Proposed Legislation

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Nasdaq Proposes New Rules on Board Diversity

Nasdaq has filed a proposal with the U.S. Securities and Exchange Commission to adopt new listing rules regarding board diversity and disclosure. The proposed rules would require a Nasdaq-listed company to have at least two…more

Board of Directors, Corporate Counsel, Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I)

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GDC 2024: Key Takeaways for Games Startups and Developers

The Game Developers Conference (GDC) 2024 held in San Francisco from March 18-22 brought together industry giants, tech companies, and emerging developers to discuss the latest trends and challenges in the gaming industry. For…more

Early Stage Companies, Gaming, Online Gaming, Software Developers, Startups

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Breaking Dawn: Understanding the Copyright…

Background on Kashtanova’s Comic Book - Digital artist Kris Kashtanova registered Zarya of the Dawn, a comic book with dazzling and dystopian imagery generated via Midjourney’s text-to-image AI model, with the U.S. Copyright…more

Artificial Intelligence, Authorship, Copyright, Copyright Applications, Copyright Office

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BIS Significantly Restricts Chinese Access to Advanced Computing and Semiconductor Manufacturing Items

On October 7, 2022, the US Department of Commerce Bureau of Industry and Security (BIS) released two rules implementing new export controls on advanced computing and semiconductor manufacturing items in addition to new end-use…more

Artificial Intelligence, Bureau of Industry and Security (BIS), CFIUS, China, Commerce Control List

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Washington’s My Health My Data Act – A Roadmap for Compliance

What is the new Washington My Health My Data Act (MHMDA)? MHMDA aims to provide stronger privacy protections for “consumer health data” by: - Requiring additional disclosures for the collection, use, and sharing of…more

Compliance, Data Protection Acts, Health Information Technologies, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

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Protecting Brands in the Age of AI

The rapid adoption of generative artificial intelligence (AI) presents both unique opportunities and challenges for trademark and brand owners. By harnessing AI’s potential, businesses can accelerate the branding process by…more

Artificial Intelligence, Brand, Cease and Desist Orders, Content Marketing, Credibility

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Seventh Circuit Says All-Stock Acquisition — Without More — Does Not Trigger Liability Under Illinois’ Genetic Information Privacy Act

On May 1, 2023, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a putative class action alleging violations of the Illinois Genetic Information Privacy Act (GIPA) against the asset management firm…more

Appeals, Corporate Counsel, DNA, Genetic Testing, GINA

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Antitrust Breakup Fees: 2023 Data and Key Takeaways for Future Dealmaking

Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”…more

Acquisitions, Antitrust Division, Antitrust Provisions, Competition, Corporate Governance

See all updates »

In 2024, the Digital Health Revolution Continues

Digital health is showing signs of life despite financial markets that seem determined to bring some of 2023’s volatility into the new year. Stocks are up and down, and bond yields are climbing. Inflation is proving stubborn,…more

Capital Markets, Digital Health, Health Information Technologies, Healthcare, Initial Public Offering (IPO)

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SEC Adopts Rule Amendments to Provide Enhanced Disclosure of Rule 10b5-1 Plans and Insider Trading

On December 14, 2022, the U.S. Securities and Exchange Commission adopted amendments to Rule 10b5-1 under the Securities Exchange Act of 1934 (Exchange Act) and new disclosure requirements designed to enhance investor…more

10b5-1 Plans, Amended Rules, Board of Directors, Corporate Counsel, Corporate Governance

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FTC Wants to Ban AI-Powered Impersonation

On February 15, 2024, the FTC published the Rule on Impersonation of Government and Businesses, permitting the FTC to file federal court cases directly against scammers to return the money made while impersonating government or…more

Artificial Intelligence, Consumer Fraud, Data Brokers, Data Security, Federal Trade Commission (FTC)

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Seeing Starz: Circuit Tension Regarding Damages Accrual in Copyright Cases

The Copyright Act prescribes a three-year statute of limitations (17 U.S.C. § 507(b)), and the default “incident of injury” rule dictates that the three-year clock starts running when the infringement occurs. However, when a…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership

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The Power of Procurement Contracts: Software Manufacturer May Bring IP Claims Against Federal Agency

A glimmer of hope from the Federal Circuit for software manufacturers looking to enforce license agreements against the U.S. Federal Government. In an order issued March 6, 2024, the court said entities licensing software to…more

Appeals, CBCA, Contract Disputes Act, EULA, Federal Procurement Systems

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The Time is Now: Renew DMCA-Designated Agent Registrations with the Copyright Office

Starting December 1, 2019, service providers will need to renew their Digital Millennium Copyright Act-designated agent registrations with the U.S. Copyright Office to remain qualified for safe harbor protection. Fenwick…more

Copyright, Copyright Infringement, Copyright Office, Corporate Counsel, Designated Agent

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China at Center of DOJ Initiative to Protect US Companies from Trade Secret Misappropriation

The U.S. Intellectual Property Enforcement Coordinator submitted its Annual Intellectual Property Report to Congress in February. The report recognizes the economic importance of intellectual property and recommends enforcement…more

China, Criminal Prosecution, Department of Justice (DOJ), Government Investigations, Intellectual Property Protection

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Opportunities Abound in New National Defense Authorization Act

The Fiscal Year 2024 National Defense Authorization Act (“FY2024 NDAA”) continues the national security imperative to enhance the country’s scientific and technological developments and to adopt emerging technologies and…more

Artificial Intelligence, Cyber Attacks, Cybersecurity, Dodd-Frank, Federal Contractors

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ESG Insights: Silicon Valley’s Largest Public Tech and Life Sciences Companies Expanded ESG Reporting in 2023

Amidst challenges and conflicting demands from a variety of stakeholders, technology and life sciences companies have increased their voluntary disclosure regarding environmental, social and governance (ESG) concerns. Despite…more

Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Greenhouse Gas Emissions

See all updates »

Five Tax Cases that May Impact Your Business 2024

The book has closed on 2023, but several recent tax-related rulings are sure to have ripple effects into 2024 and beyond—particularly with respect to transfer pricing and foreign tax credits. Here are five cases that will…more

Chevron Deference, Economic Substance Doctrine, IRS, Loper Bright Enterprises v Raimondo, Moore v US

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California State to Require Venture Capital Companies to Collect Diversity Data

California recently passed a bill, SB-54, in an effort to increase transparency regarding diversity in the venture capital industry and to encourage investments in diverse founders. SB 54 will require “covered entities” to…more

California, Data Collection, Disclosure Requirements, Diversity, Financial Reporting

See all updates »

SEC Adopts Rules for Shorter Deadlines and More Transparency in Share Ownership Reporting

On October 10, 2023, the U.S. Securities and Exchange Commission adopted new rules (the Amendments) that amend Regulation 13D-G under the Securities Exchange Act of 1934 (the Exchange Act), which provide companies, and the…more

Beneficial Owner, Compliance, Disclosure Requirements, Filing Deadlines, Investors

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IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers for 2019

This client alert is intended to remind you of certain 2018 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…more

Employee Stock Purchase Plans, Filing Requirements, Form 3921, Form 3922, Incentive Stock Options

See all updates »

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a copyrighted…more

Anti-SLAPP, Class Action, Copyright, Corporate Counsel, First Amendment

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Proposed Changes to the Use of Non-Compete Agreements in New York

The Trade Secrets Committee of the New York City Bar recently published a report proposing that New York State enact a statute to regulate the use of non-compete agreements. The committee had become increasingly concerned over…more

City of New York, Defend Trade Secrets Act (DTSA), Employer Rights, Non-Compete Agreements, Proposed Rules

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Delaware Chancery Court Orders Recission of Elon Musk Moonshot Grant in Important Case on Transactions with Potential Corporate Controllers

Background on Moonshot Award Practices - In the years leading up to the slowdown in the IPO markets in late 2021, it had become increasingly common for high-growth technology companies to grant large equity incentive awards…more

Board of Directors, CEOs, Compensation, Controlling Stockholders, Corporate Governance

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SEC Proposes Rules on the Use of AI by Registered Investment Advisers and Broker-Dealers

In light of concerns associated with artificial intelligence (AI) and AI-adjacent technologies such as machine learning in the field of investment advisory, the Securities and Exchange Commission (SEC) proposed new rules on July…more

Analytics, Artificial Intelligence, Broker-Dealer, Conflicts of Interest, Investment Adviser

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California Model Workplace Violence Prevention Plans Published by Cal/OSHA Ahead of July 1, 2024 Compliance Deadline

As we reported in October, nearly all California employers must develop and adopt a written Workplace Violence Prevention Plan and implement related employee training as part of their existing Cal/OSHA Injury and Illness…more

Cal-OSHA, California, Deadlines, Employees, Employer Liability Issues

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IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers for 2019

This client alert is intended to remind you of certain 2018 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…more

Employee Stock Purchase Plans, Filing Requirements, Form 3921, Form 3922, Incentive Stock Options

See all updates »

Supreme Court Expands Upon Software Fair Use in Google v. Oracle

On April 5, 2021, after 10 years of litigation, the U.S. Supreme Court published its decision in the much-watched Google v. Oracle dispute. The Court held that use of certain “declaring code” from the Java API in the Android…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Google

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4 Antitrust Enforcement Trends for 2024

In the coming year, Federal Trade Commission (“FTC”) Chair Lina Khan and Department of Justice (“DOJ”) Assistant Attorney General of the Antitrust Division Jonathan Kanter are expected to continue to advance a more aggressive…more

Acquisitions, Antitrust Provisions, Competition, Corporate Counsel, Cross-Border

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SEC Proposes Rules on the Use of AI by Registered Investment Advisers and Broker-Dealers

In light of concerns associated with artificial intelligence (AI) and AI-adjacent technologies such as machine learning in the field of investment advisory, the Securities and Exchange Commission (SEC) proposed new rules on July…more

Analytics, Artificial Intelligence, Broker-Dealer, Conflicts of Interest, Investment Adviser

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Intellectual Property Bulletin - Spring 2014

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…more

Domain Names, Endorsements, First Amendment, Free Speech, gTLD

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Silicon Valley Bank Closure: Updated Considerations Following the Creation of Silicon Valley Bridge Bank, N.A.

Considerations relating to Silicon Valley Bank (SVB)’s closure have continued to evolve as a result of the recent announcement by the Federal Deposit Insurance Corporation (FDIC) that it has transferred all deposits—both insured…more

Banking Sector, Banks, Borrowers, Customers, Deposit Accounts

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Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering…more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Say What You Do…Do What You Say…Only See What…

Case Overview - This week’s U.S. Securities and Exchange Commission enforcement cease-and-desist order (Order) In re App Annie Inc., out of the SEC’s San Francisco Regional Office, underscores the importance of taking…more

Cease and Desist Orders, Civil Monetary Penalty, Cryptocurrency, Data Management, Data Privacy

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A Little Gloom for the Zoom Boom: FTC Settlement for Unfair and Deceptive Security Practices

Zoom Out: An Overview - The COVID-19 pandemic has prompted an unprecedented uptick in remote work and the need to stay connected from home. During this time, video calling and conferencing has become significantly more popular,…more

Computer-System Design/Software Services, Cybersecurity, Data Security, Disclosure Requirements, Federal Trade Commission (FTC)

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Coronavirus Update: Employer Response, Contract Performance, and Public Company Disclosure Guidance

Impacts of Coronavirus on Commercial Agreements and Public Company Disclosures - COVID-19, a disease caused by the novel coronavirus, has now spread to at least 70 countries, including the United States. Our thoughts are first…more

Breach of Contract, Contract Management, Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements

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Ninth Circuit to Rehear Appealability of Denied Anti-SLAPP Motions

The Ninth Circuit has granted a rehearing en banc in Martinez v. ZoomInfo Tech., Inc. concerning the appealability of denial of anti-SLAPP motions under the collateral order doctrine. Historically, the Ninth Circuit has…more

Anti-SLAPP, Appeals, Collateral Order Doctrine, Denial of Rehearing, Erie Doctrine

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Opportunities Abound in New National Defense Authorization Act

The Fiscal Year 2024 National Defense Authorization Act (“FY2024 NDAA”) continues the national security imperative to enhance the country’s scientific and technological developments and to adopt emerging technologies and…more

Artificial Intelligence, Cyber Attacks, Cybersecurity, Dodd-Frank, Federal Contractors

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Strategies to Accelerate Divestitures: A Road Map to Streamlining the Process While Reducing Risk

Divestment activity is poised to increase over previous years as COVID-19 economic conditions put pressure on companies to rebalance operating portfolios. A 2020 EY Global Corporate Divestment Study, released earlier this…more

Buyers, Carve Out Provisions, Coronavirus/COVID-19, Divestiture, Employees

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5 Practical Employment Tips You Need to Know for 2024

2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through the…more

Arbitration Agreements, Artificial Intelligence, California, Department of Labor (DOL), Employee Benefits

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Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering…more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Litigation Alert: Federal Circuit Expands Liability for Divided Patent Infringement

On August 13, 2015, the Federal Circuit in Akamai Technologies, Inc. v. Limelight Networks, Inc. changed the law regarding liability for direct infringement of a method patent involving more than one actor (divided…more

Akamai Technologies, Covered Business Method Patents, Divided Infringement, En Banc Review, Limelight

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Five Tax Cases that May Impact Your Business 2024

The book has closed on 2023, but several recent tax-related rulings are sure to have ripple effects into 2024 and beyond—particularly with respect to transfer pricing and foreign tax credits. Here are five cases that will…more

Chevron Deference, Economic Substance Doctrine, IRS, Loper Bright Enterprises v Raimondo, Moore v US

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Your Digital Health Regulation Questions Answered

regulators. The U.S. Food and Drug Administration’s (FDA) Center for Devices and Radiological Health (CDRH) regulates medical devices, including software-as-a-medical-device (SaMD). Several years ago, the FDA upgraded its…more

Digital Health, Food and Drug Administration (FDA), Health IT, Life Sciences, Medical Devices

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California Model Workplace Violence Prevention Plans Published by Cal/OSHA Ahead of July 1, 2024 Compliance Deadline

As we reported in October, nearly all California employers must develop and adopt a written Workplace Violence Prevention Plan and implement related employee training as part of their existing Cal/OSHA Injury and Illness…more

Cal-OSHA, California, Deadlines, Employees, Employer Liability Issues

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New E-Commerce Marketplace Regulations: Online Marketplaces Must Comply with The INFORM Consumers Act by June 27, 2023

In an effort to “combat the online sale of stolen, counterfeit, and dangerous consumer products,” Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers…more

Compliance, Data Collection, Deadlines, E-Commerce, Federal Trade Commission (FTC)

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Justice Barrett to Bring Clarity to Patent Eligibility Law?

Each time the U.S. Supreme Court has addressed patent eligibility, the law surrounding what can and cannot be patented has become murkier. Most recently, the wake of the Supreme Court’s Alice ruling has led to irreconcilable…more

Alice/Mayo, Bilski, Myriad, Patent-Eligible Subject Matter, SCOTUS

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Notice 2023-63 Proposes Comprehensive Guidance on the New R&D Capitalization Requirements

Released on September 8, 2023, IRS Notice 2023-63 provides wide-ranging and potentially controversial guidance on the capitalization and amortization of research and experimentation expenses under section 174…more

Capitalization, Cost-Sharing, GILTI tax, Research and Development, State Taxes

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Key Provisions and Impacts of Biden’s Executive Order on AI Regulation and Development

On October 30, 2023, the Biden administration issued a sweeping Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (the “Executive Order”), which ambitiously directs the…more

Artificial Intelligence, Biden Administration, Compliance, Cybersecurity, Executive Orders

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5 Practical Employment Tips You Need to Know for 2024

2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through the…more

Arbitration Agreements, Artificial Intelligence, California, Department of Labor (DOL), Employee Benefits

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Mergers and Acquisitions Alert: Lazard v. Qinetiq: Important Lessons for Structuring Earn-Outs

Overview - A recent Delaware Supreme Court case authored by Chief Justice Strine upholds the literal meaning of an earn-out provision that limited the buyer from taking action “intended to reduce or limit an earn-out…more

Corporate Counsel

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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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Silicon Valley Venture Capital Survey – Fourth Quarter 2023

Our survey analyzed the terms of 171 venture financings closed in the fourth quarter of 2023 by companies headquartered in Silicon Valley. Fourth-quarter Bay Area venture capital financings remained largely flat from the…more

Capital Raising, Corporate Financing, Emerging Technology Companies, Entrepreneurs, Life Sciences

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What is a “Pay-to-Play” Financing?

Let’s start with a hypothetical: Tough Times, Inc. is in the market for another round of financing. By “in the market,” we mean they have spoken to dozens of ventures funds, have had first meetings with many and second meetings…more

Cramdown, Pay-To-Play, Popular, Securities and Exchange Commission (SEC), Venture Capital

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FASB Issues Significant Update on Accounting for Crypto Assets

The Financial Accounting Standards Board (FASB) has issued a new accounting standard to improve the accounting for and disclosure of certain crypto assets. The new standard marks a significant change in how companies account…more

Accounting, Cryptoassets, Disclosure Requirements, FASB, Financial Statements

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ONC and CMS Pave a New Express Lane for Personalized Health under the 21st Century Cures Act

The U.S. Department of Health and Human Services Office of the National Coordinator for Health Information Technology (ONC) and Centers for Medicare & Medicaid Services (CMS), recently published rules implementing…more

21st Century Cures Act, Centers for Medicare & Medicaid Services (CMS), Data Privacy, Data Protection, ONC

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How Will Arthrex Affect PTAB Outcomes? Likely, Not Much

The U.S. Supreme Court’s opinion in United States v. Arthrex has shaken up the Patent Trial and Appeals Board but will likely have little effect on case outcomes. Arthrex involved a challenge to the constitutionality of the…more

Administrative Patent Judges, Appointments Clause, Director of the USPTO, Executive Branch, Final Written Decisions

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Liquidation Preference Overhang, Shadow Preferred Stock De-Mystified

In the past few years promissory notes and SAFEs have become an increasingly popular way to fund early-stage companies. Fenwick completes hundreds of these types of financings for its clients each year and we recently released…more

Business Development, Business Ownership, Business Valuations, Convertible Notes, Early Stage Companies

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Two Steps Forward, One Step Back

If the focus on fact finding in Aatrix, Berkheimer, and Exergen from earlier this year helped provide additional clarity on the analysis of “something more,” the SAP America decision, at least to my mind, failed to clarify, and…more

Abstract Ideas, Artificial Intelligence, Automation Systems, Computer-Related Inventions, Inventions

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The Shifting Regulatory Landscape for Level-Funded Plans: An Alternative for Group Health Insurance

In the constantly changing health insurance landscape, level-funded health plans are steadily gaining ground as a viable middle approach between fully insured health plan and self-funded health plans—arguably offering businesses…more

Benefit Plan Sponsors, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues, Health Insurance

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How to Maximize Your AI-Assisted Invention’s Patentability

Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Inventions, Inventors

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Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering…more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Biotech Companies Continue to Make Progress on ESG

A Look at the Disclosure Practices of Small and Mid-Size Companies - In our report we continue to look at the progress that smaller public biotech companies have made in their reporting on environmental, social and governance…more

Biotechnology, Disclosure Requirements, Environmental Social & Governance (ESG), Investors, Publicly-Traded Companies

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SEC Announces Latest Amendments to Proxy Advisor Rules Will Not Be Enforced, Pending Additional Review

Gary Gensler, the new chairman of the U.S. Securities and Exchange Commission, released a statement on June 1, 2021, directing SEC staff to consider revisiting its interpretation and guidance from September 2019 regarding the…more

Gary Gensler, Institutional Shareholder Services (ISS), Proposed Amendments, Proxy Access Rule, Proxy Advisors

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Private Companies Need to Update Rule 701 Financial Statement Disclosures

Recently, the U.S. Securities and Exchange Commission adopted amendments to certain disclosure requirements in an effort to streamline rules and regulations and to remove requirements that are redundant, duplicative,…more

Amended Rules, Disclosure Requirements, Financial Reporting, Financial Statements, Private Offerings

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5 Brand Protection Tips for New Technology Companies

When it comes to IP enforcement, companies on the cutting edge of technology often find themselves in a catch-22 situation. On the one hand, there’s more need for enforcement than ever as new technologies create new…more

Artificial Intelligence, Brand, Business Strategies, Copyright, Enforcement

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SEC Adopts Nasdaq Rules on Board Diversity

On August 6, 2021, the U.S. Securities and Exchange Commission approved new listing rules regarding board diversity and disclosure, described in our prior Client Alert. The new rules will require a Nasdaq-listed company to have…more

Board of Directors, Corporate Counsel, Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I)

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Opportunities Abound in New National Defense Authorization Act

The Fiscal Year 2024 National Defense Authorization Act (“FY2024 NDAA”) continues the national security imperative to enhance the country’s scientific and technological developments and to adopt emerging technologies and…more

Artificial Intelligence, Cyber Attacks, Cybersecurity, Dodd-Frank, Federal Contractors

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Patent Owners Win as Federal Circuit Reins in Gilead and AbbVie Double Patenting Rulings

In a pair of patent owner victories, the U.S. Court of Appeals for the Federal Circuit issued decisions limiting the applicability of obviousness-type double patenting — known as OTDP — to invalidate or limit the term of earlier…more

Appeals, Double Patent, Expiration Date, Life Sciences, Obviousness

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“Business as Usual” as Securities Enforcement Leaders Gather Virtually for Securities Enforcement Forum West 2020

Like most of the rest of the world, the speakers and attendees at Securities Enforcement Forum West 2020 last week had to adapt this year by trading in their microphones on the stage of a grand ballroom for an array of home…more

Accounting Fraud, Artificial Intelligence, Coronavirus/COVID-19, Cryptocurrency, Cybersecurity

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FTC Issues Guidance on Claims About AI-Powered Products

As lawmakers race to catch up on AI technology, the FTC has issued guidance warning marketers not to make false or unsubstantiated claims about AI-powered products. As we see AI starting to emerge in many consumer applications,…more

Advertising, Artificial Intelligence, Disclosure, False Advertising, False Statements

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Key IP Considerations in Corporate Venture Capital Transactions

Corporate venture capital—venture investing by large corporations and other institutions for both financial and strategic objectives—has grown significantly over the last decade and has become an integral part of the innovation…more

Compliance, Data Protection, Due Diligence, Investors, Startups

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Litigation Alert: Federal Circuit’s Ariosa Decision, Good Chance for Rehearing En Banc

In June of this year, the Federal Circuit panel in Ariosa Diagnostics, Inc. v. Sequenom, Inc. invalidated a patent on the grounds of patent-ineligible subject matter. 788 F.3d 1371 (Fed. Cir. 2015). While the case is one of many…more

Declaratory Rulings, DNA, En Banc Review, Life Sciences, Mootness

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Ninth Circuit Limits Forum Shopping Against E-Commerce Platforms

On November 29, 2023, a Ninth Circuit panel affirmed the lower court’s decision in Briskin v. Shopify, limiting the court’s jurisdictional reach against e-commerce platforms alleged to have violated privacy and unfair…more

Data Collection, Data Retention, E-Commerce, Online Platforms, Personal Jurisdiction

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5 Practical Employment Tips You Need to Know for 2024

2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through the…more

Arbitration Agreements, Artificial Intelligence, California, Department of Labor (DOL), Employee Benefits

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California State to Require Venture Capital Companies to Collect Diversity Data

California recently passed a bill, SB-54, in an effort to increase transparency regarding diversity in the venture capital industry and to encourage investments in diverse founders. SB 54 will require “covered entities” to…more

California, Data Collection, Disclosure Requirements, Diversity, Financial Reporting

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Will a Recent U.S. Supreme Court Decision Encourage More Companies to Go Public Through a Direct Listing? Implications of Slack Technologies v. Pirani

On June 1, 2023, the U.S. Supreme Court (the Supreme Court) issued a much-anticipated decision in the case captioned Slack Technologies, LLC, fka Slack Technologies, Inc. (Slack), et al. v. Pirani (the Slack Decision), which may…more

Corporate Governance, Direct Listing, Emerging Technology Companies, Publicly-Traded Companies, SCOTUS

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FTC’s Proposed Updates to the COPPA Rule Seek to Impose New Limitations on the Use of Children’s Personal Information and New Compliance Obligations on Businesses

Enacted in 1996, the Children’s Online Privacy Protection Act (COPPA) is the nation’s longest standing and most comprehensive statute aimed at regulating the collection, use and sharing of the personal information of…more

Comment Period, COPPA, Data Collection, Data Protection, Federal Trade Commission (FTC)

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A Domesticated Lanham Act: Supreme Court’s Abitron Ruling Opens New Debate on Foreign Reach of U.S. Trademark Law

The Supreme Court’s June 29, 2023, decision in Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, ended decades of circuit splits on the standard for determining the extraterritorial reach of the Lanham Act (see our…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Jurisdictions, Foreign Sales, Intellectual Property Litigation

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Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering…more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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California Bans Hidden Fees

Beginning July 1, 2024, businesses that transact with California consumers may not apply additional fees or charges at checkout that were not disclosed in the advertised price (sometimes called “drip pricing”). Drip pricing is…more

California, CLRA, Disclosure Requirements, Excessive Fees, New Legislation

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Important New Exemptions to the Copyright Law’s Anti-circumvention Provisions

Nearly 25 years ago, the Digital Millennium Copyright Act was added to the Copyright Act. Among its provisions were “paracopyright” measures extending protection in areas well beyond that of traditional copyright law. One such…more

Copyright, Copyright Infringement, Copyright Litigation, Digital Media, DMCA

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Patent Eligibility Law: Status Quo for Now, But Is Change on the Horizon?

There have been no substantial changes to patent eligibility law or practice under 35 U.S.C. § 101 since the U.S. Patent and Trademark Office’s last guidance in October 2019. With legislative reform in Congress stalled,…more

Certiorari, Intellectual Property Protection, Patent Litigation, Patent-Eligible Subject Matter, Patents

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SEC Finalizes “Dealer” Regulation – Uncertain Impact to Cryptoasset Market Participants

On February 6, the United States Securities and Exchange Commission (SEC) voted 3-2 to adopt Rules 3a5-4 and 3a44-2 under the Securities Exchange Act of 1934 (“Exchange Act”), as a final regulation to further clarify the…more

Decentralized Finance (DeFi), Final Rules, Financial Industry Regulatory Authority (FINRA), Financial Institutions, New Regulations

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Five Tax Cases that May Impact Your Business 2024

The book has closed on 2023, but several recent tax-related rulings are sure to have ripple effects into 2024 and beyond—particularly with respect to transfer pricing and foreign tax credits. Here are five cases that will…more

Chevron Deference, Economic Substance Doctrine, IRS, Loper Bright Enterprises v Raimondo, Moore v US

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To Pay or Not to Pay: Five Critical Approaches to Beating a Ransomware Threat

It’s the call you hope you never get. Your company has been hit with a ransomware attack. Your systems are offline. Your customer data was stolen by an unknown threat actor who is threatening to leak it. You have lots of…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Protection

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Federal Circuit Denies Request to Block Disclosure of Litigation Funding Information

Patent assertion entities make up a significant portion of patent litigation practice today. Many of these entities form just days or weeks before acquiring a patent and filing a complaint. Just as often, these entities’…more

Appeals, Delaware, Disclosure, Litigation Funding, Patent Assertion Entities

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Silicon Valley Venture Capital Flash Report - October 2020

This survey is a special interim report to highlight changes in the Silicon Valley venture capital environment through October 2020 in light of the COVID-19 pandemic. Please note that when providing data on a monthly basis,…more

Capital Raising, Coronavirus/COVID-19, Corporate Financing, Life Sciences, Silicon Valley

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Delaware Chancery Court Orders Recission of Elon Musk Moonshot Grant in Important Case on Transactions with Potential Corporate Controllers

Background on Moonshot Award Practices - In the years leading up to the slowdown in the IPO markets in late 2021, it had become increasingly common for high-growth technology companies to grant large equity incentive awards…more

Board of Directors, CEOs, Compensation, Controlling Stockholders, Corporate Governance

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Artist’s Copyright Claim against Stability AI Moves Forward Following a First-of-Its Kind Ruling

Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale…more

Artificial Intelligence, Artists, Copyright, Copyright Infringement, Copyright Litigation

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U.S. Imposes New Sanctions on Russia and Warns of Substantial Risks of Doing Business in Russia

The United States imposed a new round of economic sanctions and export restrictions on Russia today, marking the second anniversary of Russia’s invasion of Ukraine and following the death of Russian opposition leader, Alexei…more

Bureau of Industry and Security (BIS), Business Operations, Doing Business, Economic Sanctions, Entity List

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Nicki Minaj Safeguards the Right for Artists to Experiment with Unlicensed Work

On September 16, 2020, California federal judge Virginia A. Phillips ruled that Nicki Minaj’s use of Tracy Chapman’s copyrighted work in the creation of Minaj’s song “Sorry” was fair use. “Sorry” interpolated Chapman’s…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Intellectual Property Protection

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Katy Perry’s “Dark Horse” Comes Out in Front: Ninth Circuit Affirms No Infringement in Copyright Lawsuit

Songs often share components that sound similar to one another, which frequently raises the question of whether copyright infringement has occurred. On March 10, 2022, the U.S. Court of Appeals for the Ninth Circuit held—in a…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Jury Verdicts

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FTC Wants to Ban AI-Powered Impersonation

On February 15, 2024, the FTC published the Rule on Impersonation of Government and Businesses, permitting the FTC to file federal court cases directly against scammers to return the money made while impersonating government or…more

Artificial Intelligence, Consumer Fraud, Data Brokers, Data Security, Federal Trade Commission (FTC)

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Delaware Chancery Court Orders Recission of Elon Musk Moonshot Grant in Important Case on Transactions with Potential Corporate Controllers

Background on Moonshot Award Practices - In the years leading up to the slowdown in the IPO markets in late 2021, it had become increasingly common for high-growth technology companies to grant large equity incentive awards…more

Board of Directors, CEOs, Compensation, Controlling Stockholders, Corporate Governance

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NAIC Forms Third-Party Data and Models Task Force and Proposes 2024 Charges and Work Plan

At the recent National Association of Insurance Commissioners (NAIC) meeting in Phoenix, Arizona (March 14–18), a new Third-Party Data and Models Task Force (Task Force) was created. The charges of the Task Force are twofold…more

Artificial Intelligence, Business Model, Insurance Industry, Machine Learning, NAIC

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AAA Issues Updates to Consumer Mass Arbitration Rules and Fee Schedule

The American Arbitration Association (AAA) recently amended its Supplemental Rules on Mass Arbitrations as well as its fee schedule, in an attempt to streamline these arbitrations. These rules could potentially change the…more

American Arbitration Association, Arbitration, Arbitration Agreements, Dispute Resolution, Fees

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Silicon Valley Venture Capital Survey – Fourth Quarter 2023

Our survey analyzed the terms of 171 venture financings closed in the fourth quarter of 2023 by companies headquartered in Silicon Valley. Fourth-quarter Bay Area venture capital financings remained largely flat from the…more

Capital Raising, Corporate Financing, Emerging Technology Companies, Entrepreneurs, Life Sciences

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Strategies to Accelerate Divestitures: A Road Map to Streamlining the Process While Reducing Risk

Divestment activity is poised to increase over previous years as COVID-19 economic conditions put pressure on companies to rebalance operating portfolios. A 2020 EY Global Corporate Divestment Study, released earlier this…more

Buyers, Carve Out Provisions, Coronavirus/COVID-19, Divestiture, Employees

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Delaware Chancery Court Orders Recission of Elon Musk Moonshot Grant in Important Case on Transactions with Potential Corporate Controllers

Background on Moonshot Award Practices - In the years leading up to the slowdown in the IPO markets in late 2021, it had become increasingly common for high-growth technology companies to grant large equity incentive awards…more

Board of Directors, CEOs, Compensation, Controlling Stockholders, Corporate Governance

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New Year, New Merger Control Thresholds and Filing Fees

The Federal Trade Commission (FTC) announced 2024 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions may be required to be reported to United States federal antitrust…more

Acquisitions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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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

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Who Owns a Photograph in the Social Media Age?

Although a generally well-settled question of law, a string of recent cases has renewed interest in a common question: Who owns a photograph? Of course, this question is not novel, but the rise of social media and the greater…more

Copyright, Misappropriation, Motion for Summary Judgment, Name and Likeness, Ownership Rules

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Silicon Valley Venture Capital Survey – Fourth Quarter 2023

Our survey analyzed the terms of 171 venture financings closed in the fourth quarter of 2023 by companies headquartered in Silicon Valley. Fourth-quarter Bay Area venture capital financings remained largely flat from the…more

Capital Raising, Corporate Financing, Emerging Technology Companies, Entrepreneurs, Life Sciences

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FTC Takes Aim Against Deceptive AI Practices

In February 2023, the Federal Trade Commission (FTC) issued guidance to companies to keep their artificial intelligence (AI) claims in check and urged them not to exaggerate the capabilities of their AI products or technology…more

Artificial Intelligence, Copyright, Deep Fake, Digital Media, Emerging Technologies

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Director of the USPTO Grants First Director Review of an IPR to Samsung for Lithium-ion Battery Patent

On November 1, 2021, the Director of the U.S. Patent and Trademark Office granted the first “Director review” to Samsung SDI Co. Director review is a new interim procedure that allows a party to seek review of a final written…more

Administrative Patent Judges, Appointments Clause, Final Written Decisions, Inter Partes Review (IPR) Proceeding, Patent Litigation

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Your Digital Health Regulation Questions Answered

regulators. The U.S. Food and Drug Administration’s (FDA) Center for Devices and Radiological Health (CDRH) regulates medical devices, including software-as-a-medical-device (SaMD). Several years ago, the FDA upgraded its…more

Digital Health, Food and Drug Administration (FDA), Health IT, Life Sciences, Medical Devices

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Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering…more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Intellectual Property Bulletin - Spring 2018

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in…more

Bitcoin, Blockchain, Copyright, Cryptocurrency, Digital Currency

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Fenwick’s Top 10: Our Most Popular Articles of 2019

In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture…more

ABC Test, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Convertible Debt, Corporate Governance

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ESG Insights: Silicon Valley’s Largest Public Tech and Life Sciences Companies Expanded ESG Reporting in 2023

Amidst challenges and conflicting demands from a variety of stakeholders, technology and life sciences companies have increased their voluntary disclosure regarding environmental, social and governance (ESG) concerns. Despite…more

Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Sweeping Changes Proposed to the DMCA’s Notice-and-Takedown System

On December 22, 2020, Senator Thom Tillis (R-NC), then chair of the Senate Judiciary Subcommittee on Intellectual Property, released a discussion draft of the Digital Copyright Act of 2021 (DCA) that would make sweeping changes…more

Copyright, Copyright Infringement, Copyright Litigation, Digital Media, DMCA

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5 Brand Protection Tips for New Technology Companies

When it comes to IP enforcement, companies on the cutting edge of technology often find themselves in a catch-22 situation. On the one hand, there’s more need for enforcement than ever as new technologies create new…more

Artificial Intelligence, Brand, Business Strategies, Copyright, Enforcement

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DOJ Cryptocurrency Enforcement Framework Highlights Risk for Those Engaged in Virtual Asset and Cryptocurrency Activity

In case it was not already clear, the U.S. Department of Justice recently confirmed that ensuring the use of cryptocurrency “is safe, and does not imperil our public safety or our national security, is vitally important to…more

Attorney General, BSA/AML, Cryptocurrency, Department of Justice (DOJ), Digital Currency

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Fenwick Writes Comment Letter on Notice 2023-63 on Amortization of Specified Research or Experimental Expenditures under Section 174

Following the IRS’s issuance of guidance in Notice 2023-63 regarding R&D capitalization under Section 174, a working group of several Fenwick tax group attorneys commented to the IRS and the U.S. Treasury Department on important…more

Amortization, Disclosure Requirements, Internal Revenue Code (IRC), IRS, Life Sciences

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9 Essential Tips for Your Company’s Exit Strategy

Whether you’re just starting up or you’re well-established and attracting offers, if selling is your goal, there’s no better time than now to start planning your exit strategy. Drawing on experience and insights amassed leading…more

Acquisitions, Exit Strategies, Letter of Instructions, Mergers, Non-Disclosure Agreement

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Fenwick’s Top 10: Our Most Popular Articles of 2019

In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture…more

ABC Test, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Convertible Debt, Corporate Governance

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Fenwick’s Top 10: Our Most Popular Articles of 2019

In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture…more

ABC Test, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Convertible Debt, Corporate Governance

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Patent Owners Win as Federal Circuit Reins in Gilead and AbbVie Double Patenting Rulings

In a pair of patent owner victories, the U.S. Court of Appeals for the Federal Circuit issued decisions limiting the applicability of obviousness-type double patenting — known as OTDP — to invalidate or limit the term of earlier…more

Appeals, Double Patent, Expiration Date, Life Sciences, Obviousness

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SEC Amends its Whistleblower Program Rules

In a three-to-two vote, the U.S. Securities and Exchange Commission adopted a final rule amending its whistleblower program, which pays monetary awards to individuals who voluntarily provide information to the SEC about a…more

Anti-Retaliation Provisions, Applications, Enforcement Actions, Final Rules, Proposed Rules

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The Power of Procurement Contracts: Software Manufacturer May Bring IP Claims Against Federal Agency

A glimmer of hope from the Federal Circuit for software manufacturers looking to enforce license agreements against the U.S. Federal Government. In an order issued March 6, 2024, the court said entities licensing software to…more

Appeals, CBCA, Contract Disputes Act, EULA, Federal Procurement Systems

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Federal Agencies Continue Investment in Private Sector Research and Development

In December 2022, the U.S. Government Accountability Office (GAO) reported on federal research and development (R&D) spending focused on emerging technologies to further economic growth and national security. The U.S. federal…more

Department of Defense (DOD), Department of Energy (DOE), Department of Health and Human Services (HHS), GAO, Intellectual Property Protection

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SEC v. Ripple Labs: Securities Law Analysis Under Howey Applied On A Transaction-By-Transaction Basis

It’s the Transaction, Not the Token. Issuers cannot offer or sell securities without registering them with the SEC under Section 5 of the Securities Act of 1933 or finding a valid exemption from registration. XRP is the…more

Buyers, Cryptocurrency, Digital Assets, Enforcement Actions, Howey

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Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Section 1400(b) limits venue in patent…more

Corporate Counsel, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Express License for “Uncle” Patent Leads to Implied License for Asserted Patent

In Cheetah Omni v. AT&T Services, the U.S. Court of Appeals for the Federal Circuit recently issued a decision that stresses the importance of meticulously drafting license agreements. In February, the court denied an attempt…more

Appeals, Grandfathering Rules, IP License, Patent Infringement, Patents

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5 Practical Employment Tips You Need to Know for 2024

2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through the…more

Arbitration Agreements, Artificial Intelligence, California, Department of Labor (DOL), Employee Benefits

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Fenwick Writes Comment Letter on Notice 2023-63 on Amortization of Specified Research or Experimental Expenditures under Section 174

Following the IRS’s issuance of guidance in Notice 2023-63 regarding R&D capitalization under Section 174, a working group of several Fenwick tax group attorneys commented to the IRS and the U.S. Treasury Department on important…more

Amortization, Disclosure Requirements, Internal Revenue Code (IRC), IRS, Life Sciences

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A Domesticated Lanham Act: Supreme Court’s Abitron Ruling Opens New Debate on Foreign Reach of U.S. Trademark Law

The Supreme Court’s June 29, 2023, decision in Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, ended decades of circuit splits on the standard for determining the extraterritorial reach of the Lanham Act (see our…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Jurisdictions, Foreign Sales, Intellectual Property Litigation

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IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers for 2019

This client alert is intended to remind you of certain 2018 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…more

Employee Stock Purchase Plans, Filing Requirements, Form 3921, Form 3922, Incentive Stock Options

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Federal Circuit Denies Request to Block Disclosure of Litigation Funding Information

Patent assertion entities make up a significant portion of patent litigation practice today. Many of these entities form just days or weeks before acquiring a patent and filing a complaint. Just as often, these entities’…more

Appeals, Delaware, Disclosure, Litigation Funding, Patent Assertion Entities

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Autonomous Transportation Regulations: What Companies Need to Know

As autonomous vehicles companies innovate, they must navigate a diverse landscape of regulations at the federal, state and municipal levels. Fenwick’s John McNelis and AV regulatory policy researcher Jeremy Strickland discuss…more

Automation Systems, Automotive Industry, Connected Cars, Driverless Cars

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Key IP Considerations in Corporate Venture Capital Transactions

Corporate venture capital—venture investing by large corporations and other institutions for both financial and strategic objectives—has grown significantly over the last decade and has become an integral part of the innovation…more

Compliance, Data Protection, Due Diligence, Investors, Startups

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Can a Non-Owner of a Trade Secret Sue for Misappropriation? Courts Say Yes.

In Advanced Fluid Systems v. Huber, the U.S. Court of Appeals for the Third Circuit held that a company that did not own, but lawfully possessed, a trade secret could bring a misappropriation claim. Other courts, including the…more

Misappropriation, Third-Party, Trade Secrets

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Telemarketing in the Age of AI: The FCC’s Latest Ruling

The FCC is grappling with issues at the intersection of AI and consumer marketing. On February 2, 2024, the FCC adopted a declaratory ruling that AI-generated human voices constitute “artificial or prerecorded voice[s]” under…more

Artificial Intelligence, FCC, Prior Express Consent, TCPA, Technology

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How to Maximize Your AI-Assisted Invention’s Patentability

Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Inventions, Inventors

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Top 10 Best Practices for Ethical and Transparent AI Product Advertising

1. Don’t exaggerate your AI product’s abilities. The FTC has recently warned businesses that false or deceptive claims about the capabilities of AI products can subject companies to liability, as it would for any deceptive…more

Advertising, Artificial Intelligence, Best Practices, Disclosure, Disclosure Requirements

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SEC’s New Disclosure Rules Impact SPACs and Target Companies

Almost two years after the publication of proposed rules (the Proposed Rules) on March 30, 2022, the SEC has adopted final rules (the Final Rules) to enhance disclosure and expand liability in initial public offerings by special…more

Acquisitions, Disclosure Requirements, Federal Register, Filing Requirements, Financial Statements

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Federal Circuit Turns the Burden on Trademark Owners to Prove Identical Third-Party Marks Are Not in Use

In Spireon, Inc. v. Flex Ltd., No. 2022-1578 (Fed. Cir. June 26, 2023), the Federal Circuit took a surprising turn in which it held that it is the trademark owner’s burden to prove that identical third-party marks put forth by…more

Corporate Counsel, Intellectual Property Protection, Likelihood of Confusion, Non-Use of Trademarks, Trademark Litigation

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Fenwick Privacy Bulletin - Summer 2017

In This Issue - Ransomware Advisory - The WannaCry ransomware attack that began on May 12 infected 230,000 computers in more than 150 countries within a few days. The scope of the attack was unprecedented—which is just one…more

Biometric Information, Biometric Information Privacy Act, China, Cyber Attacks, Cybersecurity

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Key SCOTUS Decisions in Tech – First Half 2017

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Class Certification, Disparagement, Extraterritoriality Rules

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Launch of Public RFI Signals FTC Scrutiny of Cloud Computing Industry

On March 22, 2023, the Federal Trade Commission (FTC) announced a request for information (RFI) seeking public comments on business practices in the cloud computing industry. The RFI focuses on three intertwined aspects of cloud…more

Cloud Computing, Cloud Service Providers (CSPs), Competition, Cybersecurity, Data Security

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5 Practical Employment Tips You Need to Know for 2024

2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through the…more

Arbitration Agreements, Artificial Intelligence, California, Department of Labor (DOL), Employee Benefits

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Key Provisions and Impacts of Biden’s Executive Order on AI Regulation and Development

On October 30, 2023, the Biden administration issued a sweeping Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (the “Executive Order”), which ambitiously directs the…more

Artificial Intelligence, Biden Administration, Compliance, Cybersecurity, Executive Orders

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Proxy Advisors Update Voting Guidelines for 2023 Focusing on Board Diversity, Officer Exculpation and ESG Oversight

Institutional Shareholder Services (ISS) and Glass Lewis, the leading proxy advisors in the United States, have announced updates and clarifications for their voting guidelines for the 2023 proxy season. Their voting…more

Board of Directors, Climate Change, Cybersecurity, Disclosure Requirements, Diversity and Inclusion Standards (D&I)

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FTC Employs New Tactic in Effort Against Drug Makers Alleged to Have Improperly Listed Patents in the FDA’s Orange Book

On Nov. 7, 2023, the Federal Trade Commission (FTC) announced it is disputing the listing of more than 100 patents in the Food and Drug Administration’s (FDA) “Approved Drug Products with Therapeutic Equivalence Evaluations,”…more

Abbreviated New Drug Application (ANDA), Federal Trade Commission (FTC), Food and Drug Administration (FDA), Generic Drugs, Healthcare

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Valeant v. Mylan: Restrictions on Venue in Hatch-Waxman Litigation

For the first time since the U.S. Supreme Court’s TC Heartland decision, the U.S. Court of Appeals for the Federal Circuit addressed the issue of venue specific to Hatch-Waxman litigation, pursuant to which branded…more

Abbreviated New Drug Application (ANDA), Declaratory Judgments, Food and Drug Administration (FDA), Generic Drugs, Hatch-Waxman

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IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers for 2019

This client alert is intended to remind you of certain 2018 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…more

Employee Stock Purchase Plans, Filing Requirements, Form 3921, Form 3922, Incentive Stock Options

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UPDATE: Secure Software Development Attestation: A(nother) Government Requirement

As follow-on guidance to Office of Management and Budget’s (OMB) September 14, 2022 memo and the associated Executive Order on Improving the Nation’s Cybersecurity from May 2021, the Cybersecurity and Infrastructure Security…more

Attestation Requirements, Biden Administration, Cybersecurity, Deadlines, Executive Orders

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Ninth Circuit Limits Forum Shopping Against E-Commerce Platforms

On November 29, 2023, a Ninth Circuit panel affirmed the lower court’s decision in Briskin v. Shopify, limiting the court’s jurisdictional reach against e-commerce platforms alleged to have violated privacy and unfair…more

Data Collection, Data Retention, E-Commerce, Online Platforms, Personal Jurisdiction

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Federal Circuit Rules Presence of Google Servers in District Insufficient to Establish Venue

On February 13, 2020, the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Texas’ ruling that venue was proper in In re Google, 2019-126, halting for now the line of precedent finding that servers…more

Appeals, Corporate Counsel, Data Centers, Google, Internet Service Providers (ISPs)

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IRS Filing and Reporting Requirements for ISO…

This Client 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…more

Employee Stock Purchase Plans, Filing Deadlines, Incentive Stock Options, IRS, ISOs

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New Year, New Merger Control Thresholds and Filing Fees

The Federal Trade Commission (FTC) announced 2024 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions may be required to be reported to United States federal antitrust…more

Acquisitions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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Artist’s Copyright Claim against Stability AI Moves Forward Following a First-of-Its Kind Ruling

Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale…more

Artificial Intelligence, Artists, Copyright, Copyright Infringement, Copyright Litigation

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Delaware Supreme Court Rules That Corporations May Require Securities Act Claims to be Litigated in Federal Court

The Delaware Supreme Court recently ruled that corporations may require stockholders to litigate claims under the Securities Act of 1933 (Securities Act) in federal court, holding that such forum provisions in corporate charter…more

Bylaws, DE Supreme Court, Delaware General Corporation Law, Forum Selection, Initial Public Offering (IPO)

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COVID-19 Videocast Series – Episode 2: Conversations from Our Public Tech Company Virtual Situation Room

In this episode, the Fenwick team discusses considerations related to the material non-public information that companies are rapidly developing as the COVID-19 situation evolves, including considerations regarding updating…more

Coronavirus/COVID-19, Disclosure Requirements, Insider Trading, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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Akorn v. Fresenius: Important Practical Lessons from First-Ever Material Adverse Effect

On October 1, in Akorn v. Fresenius Kabi, the Delaware Court of Chancery for the first time found that a material adverse effect — or MAE — had occurred in a merger transaction, which, combined with other breaches of the merger…more

Acquisitions, Breach of Contract, Buyers, Confidentiality Agreements, Contract Negotiations

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SCOTUS: Full Costs in Copyright Cases Limited by General Costs Statute

In Rimini Street v. Oracle USA, the U.S. Supreme Court held unanimously that the “full costs” the Copyright Act authorizes federal district courts to award a party in copyright litigation means the costs specified in the general…more

Certiorari, Copyright, Copyright Infringement, Copyright Litigation, Damages

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PFIC: What U.S. Investment Funds Should be Particularly Aware of and Newly Proposed Regulations

U.S.-based venture capital and other funds that invest in foreign companies must be careful to avoid the passive foreign investment company (PFIC) rules, which could substantially increase the tax owed on exit for U.S. taxpaying…more

Business Taxes, Controlled Foreign Corporations, Corporate Taxes, Fair Market Value, Foreign Corporations

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Five Tax Cases that May Impact Your Business 2024

The book has closed on 2023, but several recent tax-related rulings are sure to have ripple effects into 2024 and beyond—particularly with respect to transfer pricing and foreign tax credits. Here are five cases that will…more

Chevron Deference, Economic Substance Doctrine, IRS, Loper Bright Enterprises v Raimondo, Moore v US

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FTC’s Proposed Updates to the COPPA Rule Seek to Impose New Limitations on the Use of Children’s Personal Information and New Compliance Obligations on Businesses

Enacted in 1996, the Children’s Online Privacy Protection Act (COPPA) is the nation’s longest standing and most comprehensive statute aimed at regulating the collection, use and sharing of the personal information of…more

Comment Period, COPPA, Data Collection, Data Protection, Federal Trade Commission (FTC)

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The ICO Age-Appropriate Design Code of Practice: Steps to Take in 2021 To Protect Children’s Privacy

The United Kingdom’s Information Commissioner’s Office (ICO) finalized a new Code of Practice (the Code) in September 2020, which applies to most companies that offer online services to or otherwise collect personal data from…more

Certifications, COPPA, Data Collection, Data Protection, EU

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California Model Workplace Violence Prevention Plans Published by Cal/OSHA Ahead of July 1, 2024 Compliance Deadline

As we reported in October, nearly all California employers must develop and adopt a written Workplace Violence Prevention Plan and implement related employee training as part of their existing Cal/OSHA Injury and Illness…more

Cal-OSHA, California, Deadlines, Employees, Employer Liability Issues

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European Commission Acts to Block Illumina-Grail Transaction Just Days After Judge Rejects FTC Action Against the Deal

This morning the European Commission (EC) moved to unwind and block Illumina’s $7.1 billion acquisition of Grail. Illumina announced that it intends to appeal the decision. This development comes on the heels of Illumina’s…more

Acquisitions, Antitrust Division, Appeals, EU, European Commission

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The EU Copyright Directive: Potential Copyright Liability and a “Best Efforts” Standard for Platforms

In 2019, the Council of the European Union’s Committee of Permanent Representatives approved a Directive on Copyright in the Digital Single Market to respond to developments in the modes and markets for creation, production and…more

Best Efforts Clauses, Copyright, Copyright Infringement, Data Collection, Data Privacy

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Grand Jury Indicts Startup Founder Isaac Choi – Implications for Silicon Valley

On June 7, the U.S. Department of Justice arrested Isaac Choi, the founder and former chief executive of the Silicon Valley startup, WrkRiot, on wire fraud charges. A San Jose, California grand jury had indicted Choi under seal…more

Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ), Fraud, Indictments

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Valeant v. Mylan: Restrictions on Venue in Hatch-Waxman Litigation

For the first time since the U.S. Supreme Court’s TC Heartland decision, the U.S. Court of Appeals for the Federal Circuit addressed the issue of venue specific to Hatch-Waxman litigation, pursuant to which branded…more

Abbreviated New Drug Application (ANDA), Declaratory Judgments, Food and Drug Administration (FDA), Generic Drugs, Hatch-Waxman

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The BIOSECURE Act: Too Early to Call?

A congressional proposal to sever ties between United States and Chinese biopharmaceutical companies is far from a done deal, but its bipartisan support is a concrete reminder to consider options for supply chain diversification…more

Biopharmaceutical, China, Legislative Agendas, Life Sciences, Proposed Legislation

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HiQ Labs Scrapes by Again: The Ninth Circuit Reaffirms that Data-Scraping Does Not Violate the CFAA

In a much-anticipated ruling this week addressing the confluence of website scraping and computer hacking law, the U.S. Court of Appeals for the Ninth Circuit became the latest federal court to limit the reach of the Computer…more

Appeals, Computer Fraud and Abuse Act (CFAA), Copyright, Copyright Infringement, Data Collection

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Increased Regulatory Scrutiny on Health Technology Companies’ Use of Advertising Technologies

The proliferation of health apps and connected devices that allow individuals to track their health conditions, treatment, medications, fitness, fertility, sleep, mental health, diet and other vital areas has led to increased…more

Advertising, Breach Notification Rule, Civil Monetary Penalty, Data Collection, Department of Health and Human Services (HHS)

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Antitrust Breakup Fees: 2023 Data and Key Takeaways for Future Dealmaking

Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”…more

Acquisitions, Antitrust Division, Antitrust Provisions, Competition, Corporate Governance

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AI Regulation is Coming, But Don’t Panic Yet

In April 2018, as companies scrambled to come into compliance with the European Union’s General Data Protection Regulation that was soon to become enforceable, the EU quietly announced its intention to craft another massive…more

Artificial Intelligence, EU, General Data Protection Regulation (GDPR), Government Agencies, Proposed Regulation

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AI Update - Q1 2023

A recent experiment from researchers at Stanford University’s Polarization and Social Change Lab and the Institute for Human-Centered Artificial Intelligence found that AI-generated messages intended to persuade human readers to…more

Adobe, Algorithms, Artificial Intelligence, Copyright Office, Google

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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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Booking Generic Domains

The U.S. Supreme Court will soon determine whether combining a generic term with a generic top-level domain (gTLD) such as .com can ever be a protectable trademark. Regardless of how the Court rules in U.S. Patent & Trademark…more

Appeals, Booking.com, Certiorari, Domain Name Registration, Domain Names

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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

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Considerations When Establishing a New 401(k) Plan or Migrating to a New 401(k) Provider

Establishing a new 401(k) plan or migrating to a new 401(k) provider is a complex process involving multiple stakeholders. Companies should expect up to four months between the commencement of the process until finalization and…more

401k, Benefit Plan Sponsors, Compensation & Benefits, Employee Benefits, Employees

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The SEC Adopts Final Climate-Related Disclosure Rules

On March 6, 2024, the SEC adopted final rules (Final Rules) requiring extensive climate-related disclosures in companies’ annual reports and registration statements. The new rules are set forth in Release No. 33-11275. The…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility

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Transformative Fair Use: Does Andy Warhol Qualify?

On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn Goldsmith’s photograph of Prince (the musician) to create illustrations in his…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, SCOTUS

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SEC Proposes New Rules to Enhance Disclosure and Investor Protection Relating to SPACs and Projections – Impact on Target Companies

The U.S. Securities and Exchange Commission has proposed new rules and amendments (the Proposed Rules) to enhance disclosure and expand liability in initial public offerings by special purpose acquisition companies (SPACs) and…more

Comment Period, Corporate Governance, Disclosure Requirements, Enforcement, Financial Statements

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Expungement and Reexamination and Shorter Trademark Office Action Response Periods, Oh My!

Yes, you read that correctly. Trademark practice at the U.S. Patent and Trademark Office as we know it is about to change (well, at least in part). The USPTO recently published its final rule implementing certain provisions…more

Ex Parte, Ex Partes Reexamination, Expungement, Final Rules, Trademark Litigation

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Rescinding a Specification Disclaimer Introduces New Matter

A recent case before the U.S. Court of Appeals for the Federal Circuit serves as an important reminder of the distinction between a disclaimer introduced in the specification of a patent and a disclaimer introduced during…more

Appeals, Disclaimers, Disclosure, Nike, Patents

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The Top Seven Takeaways from the December, 2015 Federal Rules Amendments

Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate “over-preservation” of records and expedite…more

Case Management, Discovery, Document Requests, Electronically Stored Information, Federal Rules of Civil Procedure

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5 Practical Employment Tips You Need to Know for 2024

2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through the…more

Arbitration Agreements, Artificial Intelligence, California, Department of Labor (DOL), Employee Benefits

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Reflections on the J.P. Morgan Healthcare Conference: Key Themes for 2024

The Fenwick life sciences team recently returned from the 2024 JP Morgan Healthcare conference. As we reflect back on the week, there were several key themes and trends that we expect will continue to resonate and evolve over…more

Abbreviated New Drug Application (ANDA), Acquisitions, Artificial Intelligence, Biotechnology, Financing

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FTC Public Workshop on Loot Boxes – So What Now?

With consumers, gamers and lawmakers expressing concerns about whether loot boxes are predatory or contribute to gambling-like behavior, game developers can take steps to minimize the possibility of their games inviting…more

App Developers, Apple, Disclosure Requirements, Federal Trade Commission (FTC), Gambling

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Full Federal Circuit Defers Addressing Venue Based on Presence of Servers in District

On February 5, 2019, in a per curiam order, the United States Court of Appeals for the Federal Circuit denied Google’s petition for rehearing en banc, and deferred for another day the question of whether the presence of hardware…more

Appeals, Denial of Rehearing, Dissenting Opinions, En Banc Review, Google

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Washington’s My Health My Data Act – A Roadmap for Compliance

What is the new Washington My Health My Data Act (MHMDA)? MHMDA aims to provide stronger privacy protections for “consumer health data” by: - Requiring additional disclosures for the collection, use, and sharing of…more

Compliance, Data Protection Acts, Health Information Technologies, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

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Washington’s My Health My Data Act – A Roadmap for Compliance

What is the new Washington My Health My Data Act (MHMDA)? MHMDA aims to provide stronger privacy protections for “consumer health data” by: - Requiring additional disclosures for the collection, use, and sharing of…more

Compliance, Data Protection Acts, Health Information Technologies, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

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SEC Finalizes “Dealer” Regulation – Uncertain Impact to Cryptoasset Market Participants

On February 6, the United States Securities and Exchange Commission (SEC) voted 3-2 to adopt Rules 3a5-4 and 3a44-2 under the Securities Exchange Act of 1934 (“Exchange Act”), as a final regulation to further clarify the…more

Decentralized Finance (DeFi), Final Rules, Financial Industry Regulatory Authority (FINRA), Financial Institutions, New Regulations

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Keep Your Personal Data Flowing – How to Navigate the Changing Tides of the New EU Guidance and UK-EU Brexit Deal

Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in Data Protection Commissioner v…more

Cooperation Agreement, Data Protection, Data Transfers, EU, EU-US Privacy Shield

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CARES Act: What the Paycheck Protection Program Means for Startups

On March 27, 2020, Congress passed, and the President has signed into law?, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act includes relief to small businesses across the country in the form of up…more

CARES Act, Coronavirus/COVID-19, Covered Employer, Paycheck Protection Program (PPP), Popular

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Commerce Department Proposes Sweeping Know Your Customer & Other Requirements for IaaS Providers

The United States Department of Commerce (Commerce) issued a notice of proposed rulemaking (NPRM) seeking comments on new proposed regulations that would, if enacted, impose extensive Know Your Customer (KYC) and Customer…more

Artificial Intelligence, Biden Administration, Comment Period, Customer Identification Program (CIP), Financial Services Industry

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Cybersecurity Disclosure is Under the SEC Spotlight: Is Your Company Ready?

Cyber incidents are among the fastest-growing existential threats to publicly traded companies. More than a technical headache, breaches can materially impact your bottom line—and the mere news of an incident can send stocks…more

Capital Markets, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Data Security

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Reflections on the J.P. Morgan Healthcare Conference: Key Themes for 2024

The Fenwick life sciences team recently returned from the 2024 JP Morgan Healthcare conference. As we reflect back on the week, there were several key themes and trends that we expect will continue to resonate and evolve over…more

Abbreviated New Drug Application (ANDA), Acquisitions, Artificial Intelligence, Biotechnology, Financing

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Supreme Court's Petrella Decision Eliminates the Laches Defense as an Absolute Bar to Copyright Claims

In the coming months, authors of copyrighted materials may begin resurrecting long buried works and asserting infringement claims against current users. The doctrine of laches — a plaintiff’s unreasonable delay in bringing suit…more

Copyright, Copyright Infringement, Infringement, Laches, Petrella v. MGM

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Convertible Debt Terms - Survey of Market Trends - 2019/2020

The convertible debt market has remained remarkably stable over the last 15 months, despite considerable economic uncertainty related to the COVID-19 pandemic. Fenwick’s latest Convertible Debt Terms – Survey of Market Trends…more

Conversion, Convertible Debt, Entrepreneurs, Investors, Liquidation

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No More Waco, Texas Hold ‘Em on Patent Litigation Cases

It isn’t every day that the literal landscape of patent litigation changes radically with the stroke of a pen. Monday, July 25, 2022 was such a day. That’s when Chief Judge Orlando H. Garcia of the U.S. District Court for the…more

Administrative Patent Judges, Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patents

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How to Maximize Your AI-Assisted Invention’s Patentability

Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Inventions, Inventors

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Understanding the Corporate Transparency Act After National Small Business United

On January 1, 2024, the Corporate Transparency Act (CTA) came into effect. The CTA represents a novel regulatory development in the United States that requires a broad class of legal entities (referred to as “reporting…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

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Ninth Circuit Limits Forum Shopping Against E-Commerce Platforms

On November 29, 2023, a Ninth Circuit panel affirmed the lower court’s decision in Briskin v. Shopify, limiting the court’s jurisdictional reach against e-commerce platforms alleged to have violated privacy and unfair…more

Data Collection, Data Retention, E-Commerce, Online Platforms, Personal Jurisdiction

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Clear Trends Visible in the Post-TC Heartland Patent Landscape

The patent landscape experienced a paradigm shift with the May 2017 United States Supreme Court decision in TC Heartland v. Kraft Foods Group Brands. In TC Heartland, venue in patent cases was narrowed to either (1) the…more

Corporate Counsel, Intellectual Property Litigation, Jurisdiction, Multidistrict Litigation, Patent Infringement

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How Will SCOTUS Resolve the Circuit Split on Recovery of Profits for Trademark Infringement?

Trademark owners and retailers of trademarked products await the U.S. Supreme Court’s ruling in Romag Fasteners v. Fossil on whether, under Section 35 of the Lanham Act, 15 USC § 1117(a), willful infringement is required for an…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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Understanding the Corporate Transparency Act After National Small Business United

On January 1, 2024, the Corporate Transparency Act (CTA) came into effect. The CTA represents a novel regulatory development in the United States that requires a broad class of legal entities (referred to as “reporting…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

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GDC 2024: Key Takeaways for Games Startups and Developers

The Game Developers Conference (GDC) 2024 held in San Francisco from March 18-22 brought together industry giants, tech companies, and emerging developers to discuss the latest trends and challenges in the gaming industry. For…more

Early Stage Companies, Gaming, Online Gaming, Software Developers, Startups

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Telemarketing in the Age of AI: The FCC’s Latest Ruling

The FCC is grappling with issues at the intersection of AI and consumer marketing. On February 2, 2024, the FCC adopted a declaratory ruling that AI-generated human voices constitute “artificial or prerecorded voice[s]” under…more

Artificial Intelligence, FCC, Prior Express Consent, TCPA, Technology

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Gender Diversity in Patenting: Current Landscape and Recommendations

A bipartisan group of U.S. representatives in July introduced a little-noticed but ultimately popular piece of legislation in response to reports that point to a gender, race and income gap in patent filing and grant rates. A…more

Bias, Disclosure, Diversity, Entrepreneurs, Gender Discrimination

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Litigation Alert: A Unanimous Supreme Court Reverses Federal Circuit Ruling on Damages in Samsung Electronics Co. v. Apple Inc.

On December 6, 2016, in a unanimous opinion written by Justice Sotomayor, the Supreme Court reversed the Federal Circuit’s affirmance of the damages award in Samsung Electronics Co. v. Apple Inc. The question before the Supreme…more

Apple v Samsung, Article of Manufacture, Calculation of Damages, Cell Phones, Component Parts Doctrine

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Silicon Valley Bank Closure: Updated Considerations Following the Creation of Silicon Valley Bridge Bank, N.A.

Considerations relating to Silicon Valley Bank (SVB)’s closure have continued to evolve as a result of the recent announcement by the Federal Deposit Insurance Corporation (FDIC) that it has transferred all deposits—both insured…more

Banking Sector, Banks, Borrowers, Customers, Deposit Accounts

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SEC Adopts New Private Fund Adviser Rules

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940. Although they have been watered down significantly from the version initially…more

Audits, Compliance, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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USITC Issues 21-Month Ban in BOTOX® Trade Secret Misappropriation Case

On January 13, 2021, The U.S. International Trade Commission issued its public opinion in the so-called “BOTOX® Case,” or Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same and Certain Products…more

Botox, Imports, Manufacturers, Misappropriation, South Korea

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The SEC Adopts Final Climate-Related Disclosure Rules

On March 6, 2024, the SEC adopted final rules (Final Rules) requiring extensive climate-related disclosures in companies’ annual reports and registration statements. The new rules are set forth in Release No. 33-11275. The…more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility

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Keep Your Personal Data Flowing – How to Navigate the Changing Tides of the New EU Guidance and UK-EU Brexit Deal

Concerns are mounting for companies around the world as they consider their ability to transfer data from the EU following the recent decision by the Court of Justice of the European Union in Data Protection Commissioner v…more

Cooperation Agreement, Data Protection, Data Transfers, EU, EU-US Privacy Shield

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Considerations in Adopting Poison Pills in the COVID-19 Environment

Market volatility arising from the COVID-19 pandemic may lead to increased hostile takeover activity and shareholder activism as some companies experience market valuations that they believe are not reflective of their intrinsic…more

Coronavirus/COVID-19, Corporate Governance, Hostile Takeover, Poison Pill, Shareholder Rights

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Five Tax Cases that May Impact Your Business 2024

The book has closed on 2023, but several recent tax-related rulings are sure to have ripple effects into 2024 and beyond—particularly with respect to transfer pricing and foreign tax credits. Here are five cases that will…more

Chevron Deference, Economic Substance Doctrine, IRS, Loper Bright Enterprises v Raimondo, Moore v US

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U.S. Imposes New Sanctions on Russia and Warns of Substantial Risks of Doing Business in Russia

The United States imposed a new round of economic sanctions and export restrictions on Russia today, marking the second anniversary of Russia’s invasion of Ukraine and following the death of Russian opposition leader, Alexei…more

Bureau of Industry and Security (BIS), Business Operations, Doing Business, Economic Sanctions, Entity List

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Fenwick’s Top 10: Our Most Popular Articles of 2019

In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture…more

ABC Test, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Convertible Debt, Corporate Governance

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Silicon Valley Bank Closure: Updated Considerations Following the Creation of Silicon Valley Bridge Bank, N.A.

Considerations relating to Silicon Valley Bank (SVB)’s closure have continued to evolve as a result of the recent announcement by the Federal Deposit Insurance Corporation (FDIC) that it has transferred all deposits—both insured…more

Banking Sector, Banks, Borrowers, Customers, Deposit Accounts

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Don’t Let the Shutdown Shut You Down: How to Prepare

Each year, Congress passes annual appropriation bills to continue funding federal agencies and federal programs through the next fiscal year. As of today, with the new fiscal year looming on October 1, 2023, Congress has yet to…more

Appropriations Bill, Federal Budget, Federal Contractors, Federal Funding, Government Shutdown

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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, International Trade Commission (ITC), Patent Infringement

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SEC Proposed Amendments to Rule 701 and Form S-8 and a New Temporary…

The U.S. Securities and Exchange Commission has issued Release No. 33-10891 proposing amendments to Securities Act Rule 701, which provides an exemption from registration for the issuance of compensatory securities by private…more

Capital Raising, Disclosure Requirements, Equity Securities, Financial Statements, Form S-8

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Demystifying Advertising Law Issues for Startups

Understanding the intricacies of advertising law is a crucial part of getting your venture into the public eye while maintaining legal and ethical standards. Drawing insights from advertising best practices and recent Federal…more

Advertising, Disclosure, Endorsements, Intellectual Property Protection, Startups

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GDC 2024: Key Takeaways for Games Startups and Developers

The Game Developers Conference (GDC) 2024 held in San Francisco from March 18-22 brought together industry giants, tech companies, and emerging developers to discuss the latest trends and challenges in the gaming industry. For…more

Early Stage Companies, Gaming, Online Gaming, Software Developers, Startups

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When Trademarks Get Messi: Likelihood of Confusion and Leo Messi’s Big European Trademark Win

On September 17, 2020, legendary footballer Leo Messi achieved an elusive goal that he had been pursuing for years. No, he did not finally win a World Cup championship for the Albiceleste. Rather, after a nearly decade-long…more

Appeals, EU, Fashion Industry, Internet Retailers, Reversal

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Delaware Chancery Court Orders Recission of Elon Musk Moonshot Grant in Important Case on Transactions with Potential Corporate Controllers

Background on Moonshot Award Practices - In the years leading up to the slowdown in the IPO markets in late 2021, it had become increasingly common for high-growth technology companies to grant large equity incentive awards…more

Board of Directors, CEOs, Compensation, Controlling Stockholders, Corporate Governance

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New Official Guidance on Voluntary Self-Disclosure of Trade Control Violations

On July 26, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS), the U.S. Department of the Treasury Office of Foreign Asset Control (OFAC) and the U.S. Department of Justice (DOJ) released joint…more

Anti-Money Laundering, Bureau of Industry and Security (BIS), Compliance, Corporate Counsel, Department of Justice (DOJ)

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SEC Finalizes “Dealer” Regulation – Uncertain Impact to Cryptoasset Market Participants

On February 6, the United States Securities and Exchange Commission (SEC) voted 3-2 to adopt Rules 3a5-4 and 3a44-2 under the Securities Exchange Act of 1934 (“Exchange Act”), as a final regulation to further clarify the…more

Decentralized Finance (DeFi), Final Rules, Financial Industry Regulatory Authority (FINRA), Financial Institutions, New Regulations

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New Year, New Merger Control Thresholds and Filing Fees

The Federal Trade Commission (FTC) announced 2024 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions may be required to be reported to United States federal antitrust…more

Acquisitions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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March 2021 Employment Law Update: New ARPA/COBRA Subsidy, COVID-19-Related Sick Leave Developments and More

New ARPA/COBRA Subsidy - The federal American Rescue Plan Act of 2021 (ARPA) provides for a 100% subsidy of COBRA premiums for six months from April 1, 2021 through September 30, 2021, for individuals (and their covered…more

American Rescue Plan Act of 2021, Benefit Plan Sponsors, Biden Administration, COBRA, Coronavirus/COVID-19

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New SEC Digital Asset Framework Creates Additional Ambiguity for Cryptocurrency Companies

The U.S. Securities and Exchange Commission has released a new framework to help cryptocurrency companies and industry players determine whether a particular digital asset is offered and sold as an investment contract, making it…more

Cryptocurrency, Digital Assets, Investment Contract, Investors, New Guidance

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SEC Adopts New Cybersecurity Disclosure Rules

On July 26, the U.S. Securities and Exchange Commission adopted rules to enhance and standardize public company disclosure of cybersecurity incidents, risk management, strategy and governance. In particular, the rules, which…more

Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Final Rules

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FTC Employs New Tactic in Effort Against Drug Makers Alleged to Have Improperly Listed Patents in the FDA’s Orange Book

On Nov. 7, 2023, the Federal Trade Commission (FTC) announced it is disputing the listing of more than 100 patents in the Food and Drug Administration’s (FDA) “Approved Drug Products with Therapeutic Equivalence Evaluations,”…more

Abbreviated New Drug Application (ANDA), Federal Trade Commission (FTC), Food and Drug Administration (FDA), Generic Drugs, Healthcare

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Enforcement of California’s Age-Appropriate Design Code Act Is Put on Ice — for Now

On September 18, 2023, a U.S. District Court judge in the Northern District of California granted a preliminary injunction enjoining California’s attorney general from enforcing California’s California Age-Appropriate Design…more

California, Communications Decency Act, COPPA, Corporate Counsel, Cybersecurity

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FTC Issues Notice of Penalty Offenses for Endorsement and Testimonial Marketing

On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding practices…more

Advertising, Brand, Compliance, Disclosure, E-Commerce

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What the New Federal AI Rules Mean for Govt. Contractors

The Biden Administration recently issued its clearest articulation yet of how federal agencies can use AI—and no surprise: There are big implications for companies delivering AI solutions to federal government customers…more

Artificial Intelligence, Compliance, Deadlines, Federal Contractors, New Guidance

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Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Section 1400(b) limits venue in patent…more

Corporate Counsel, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Seeing Starz: Circuit Tension Regarding Damages Accrual in Copyright Cases

The Copyright Act prescribes a three-year statute of limitations (17 U.S.C. § 507(b)), and the default “incident of injury” rule dictates that the three-year clock starts running when the infringement occurs. However, when a…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership

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New Federal Requirements for AI and IT System Implementation in Healthcare

On October 30, 2023, the Biden administration issued Executive Order 14110 on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (the “Executive Order”). As detailed in our previously published…more

Artificial Intelligence, Biden Administration, Department of Health and Human Services (HHS), Executive Orders, Final Rules

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Life Sciences Summit: Biotech IPO Market Shows Signs of Life

As biotech markets begin to show signs of life, how should company leaders and investors prepare for what’s next?  Biotech executives, investment bankers and partners from Deloitte’s life sciences practice and Fenwick’s…more

Biotechnology, Capital Markets, Initial Public Offering (IPO), Investment, Investment Opportunities

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Silicon Valley Venture Capital Survey - Fourth Quarter 2021

Our survey analyzed the terms of 287 venture financings closed in the fourth quarter of 2021 by companies headquartered in Silicon Valley. Key Findings - • Valuation results again reached new record highs, with the…more

Capital Markets, Capital Raising, Corporate Financing, Digital Media, Life Sciences

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“Small Claims” for Copyright Infringement Actions

On October 22, 2019, the U.S. House of Representatives passed the Copyright Alternative in Small-Claims Enforcement Act, which would provide an alternative dispute resolution program for lower-value copyright infringement…more

Administrative Authority, Copyright, Copyright Infringement, Copyright Litigation, DMCA

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Georgia Appellate Court Opens the Door for Trade Secret Misappropriation Suits Against State Entities

In Board of Regents of the University System of Georgia v. One Sixty Over Ninety, the Georgia Court of Appeals held recently that a state entity is not immune from trade secret claims brought under the Georgia Trade Secrets Act…more

Confidential Information, Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Popular

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Washington’s My Health My Data Act – A Roadmap for Compliance

What is the new Washington My Health My Data Act (MHMDA)? MHMDA aims to provide stronger privacy protections for “consumer health data” by: - Requiring additional disclosures for the collection, use, and sharing of…more

Compliance, Data Protection Acts, Health Information Technologies, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

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Five Tax Cases that May Impact Your Business 2024

The book has closed on 2023, but several recent tax-related rulings are sure to have ripple effects into 2024 and beyond—particularly with respect to transfer pricing and foreign tax credits. Here are five cases that will…more

Chevron Deference, Economic Substance Doctrine, IRS, Loper Bright Enterprises v Raimondo, Moore v US

See all updates »

FTC’s Aggressive Enforcement of Children’s Privacy and Dark Patterns: A Cautionary Tale and Simple Steps Companies Can Take To Reduce Risk

On December 19, 2022, the Federal Trade Commission (FTC) announced a settlement with Epic Games Inc. (Epic) over its wildly popular game “Fortnite.” The settlement requires Epic to pay $275 million in penalties to resolve…more

Best Practices, COPPA, Cybersecurity, Data Collection, Data Privacy

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SEC’s Crypto Accounting Bulletin Determined Procedurally Deficient

On October 31, 2023, the U.S. Government Accountability Office (GAO) published a formal decision concluding that the Securities and Exchange Commission (SEC) failed to follow prescribed Congressional Review Act (CRA) procedures…more

Congressional Review Act, Cryptoassets, Cryptocurrency, GAO, Securities and Exchange Commission (SEC)

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California Privacy Rights Act Passes: Five Tips to Help Companies Prepare for California’s New, New Thing!

The California Privacy Rights Act (CPRA) passed by ballot measure in November 2020. While it does not repeal the California Consumer Privacy Act (CCPA), which became effective in January 2020, it does change and augment CCPA in…more

Biometric Information, California, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Compliance

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Understanding the Corporate Transparency Act After National Small Business United

On January 1, 2024, the Corporate Transparency Act (CTA) came into effect. The CTA represents a novel regulatory development in the United States that requires a broad class of legal entities (referred to as “reporting…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Reporting Requirements

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Changes to California’s Automatic Renewal Law May Require Updates for Subscription Service Providers

Subscription services face increased scrutiny from regulators, lawmakers and the plaintiffs’ bar. As we highlighted in a recent client alert, the FTC warned companies against using “dark patterns” in connection with paid…more

Automatic Renewals, California, Compliance, Consumer Contracts, Contract Terms

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CFIUS: Common FAQs by Startup Founders and Investors

We receive many questions from founders, investors and others about CFIUS, the Committee on Foreign Investment in the United States. This is not surprising given the amount of recent media and news coverage around foreign…more

CFIUS, Covered Transactions, Economic Sanctions, Embargo, Entrepreneurs

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NAIC Forms Third-Party Data and Models Task Force and Proposes 2024 Charges and Work Plan

At the recent National Association of Insurance Commissioners (NAIC) meeting in Phoenix, Arizona (March 14–18), a new Third-Party Data and Models Task Force (Task Force) was created. The charges of the Task Force are twofold…more

Artificial Intelligence, Business Model, Insurance Industry, Machine Learning, NAIC

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Litigation Alert: Supreme Court Leaves Intact PTAB Authority to Institute and Regulate Inter Partes Review Proceedings

This week in Cuozzo Speed Technologies, LLC v. Lee, the United States Supreme Court decided two important questions related to the power of the Patent Trial and Appeal Board (PTAB) over inter partes review proceedings. First,…more

Administrative Procedure Act, America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction

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ESG Insights: Silicon Valley’s Largest Public Tech and Life Sciences Companies Expanded ESG Reporting in 2023

Amidst challenges and conflicting demands from a variety of stakeholders, technology and life sciences companies have increased their voluntary disclosure regarding environmental, social and governance (ESG) concerns. Despite…more

Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Senate Passes Infrastructure Bill Including Language on Digital Assets and Reporting of Crypto Transactions

On August 10, 2021, the U.S. Senate passed an infrastructure bill containing explicit rules to be inserted into the Internal Revenue Code regarding digital assets. The passage marks the first time that language on this topic has…more

Cryptocurrency, Digital Assets, Infrastructure, Internal Revenue Code (IRC), IRS

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Federal Reserve Board Updates Terms for Pandemic-Relief Loans

The Federal Reserve Board has updated the terms of the previously announced Main Street New? Loan Facility (MSNLF) and Main Street Expanded Loan Facility (MSELF) and created a third type of loan, the Main Street Priority Loan…more

CARES Act, EBITDA, Federal Reserve, Main Street Expanded Loan Facility, Main Street New Loan Facility

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Corporate Alert: China’s New Tax Regulation on Indirect Disposals Complicates Certain Offshore M&A Deals

In 2009, China’s State Administration of Taxation (SAT) promulgated Circular 698 to empower PRC tax authorities to re-characterize transfers by non-PRC residents of shares in offshore companies that hold equity interests in…more

China, Equity Securities, Offshore Companies, PRC Taxation Administration, Tax Avoidance

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OSHA Issues Long-Awaited Emergency Standards to Implement Vaccine/Testing Mandate for Large Employers - Update

[Editor’s Note (01/14/22): In a 6-3 ruling, on January 14, 2022, the U.S. Supreme Court reversed the Sixth’s Circuit’s ruling described below, and thereby re-imposed an injunction preventing OSHA from enforcing its Emergency…more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19, Employer Mandates, OSHA

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Games Industry Trends as GDC 2024 Gets Underway

The Games Developer Conference (GDC) 2024 is upon us; here are four key legal and commercial trends we think will be especially salient this year. - Keeping AI in Check. Like so many other sectors, AI is quickly reshaping the…more

Artificial Intelligence, Intellectual Property Protection, Regulatory Agenda, Regulatory Requirements, Software Developers

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Your Digital Health Regulation Questions Answered

regulators. The U.S. Food and Drug Administration’s (FDA) Center for Devices and Radiological Health (CDRH) regulates medical devices, including software-as-a-medical-device (SaMD). Several years ago, the FDA upgraded its…more

Digital Health, Food and Drug Administration (FDA), Health IT, Life Sciences, Medical Devices

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Written Description of Therapeutic Efficacy

Inventors are generally counseled to file a patent application as soon as they have a patentable invention to avoid potential forfeiture of important rights in today’s first inventor-to-file system. However,…more

Appeals, Inventors, Patent Applications, Patents, Petition for Writ of Certiorari

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Not So Fast: Court Rules Against SEC, Finding It Did Not Prove Blockvest Sold Tokens as Securities

Digital token issuers caught up in the onslaught of U.S. Securities and Exchange Commission investigations finally received some encouraging news regarding their token sales’ exposure to federal securities laws. On Tuesday,…more

CFTC, Cryptocurrency, Howey, Initial Coin Offering (ICOs), Preliminary Injunctions

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Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering…more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Federal Circuit Confirms That “Magnetic Fuzz” Is Too Fuzzy for a Patent Claim

On September 15, 2020, the U.S. Court of Appeals for the Federal Circuit, in IQASR v. Wendt, found that a district court did not err in its scrutiny of the extrinsic and intrinsic evidence presented to find U.S. Patent No…more

Appeals, Definiteness, Extrinsic Evidence, Indefiniteness, Patents

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A Domesticated Lanham Act: Supreme Court’s Abitron Ruling Opens New Debate on Foreign Reach of U.S. Trademark Law

The Supreme Court’s June 29, 2023, decision in Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, ended decades of circuit splits on the standard for determining the extraterritorial reach of the Lanham Act (see our…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Jurisdictions, Foreign Sales, Intellectual Property Litigation

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Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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