Fenwick & West LLP

In this Report: Board Size and Meeting Frequency; Insider Directors; Board Leadership; Audit Committee Size and Meeting Frequency; Compensation Committee Size and Meeting Frequency; Nominating Committee Size and Meeting…more

The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott Rodino Act will take effect near the end of February (exact date still pending). All transactions closing on or after the effective…more

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

Economic barriers, along with regulatory complexity and uncertainty, are shaping the biosimilars industry into something entirely different from the generic small molecule pharmaceutical industry. The sharp demarcation between…more

In this issue: For the First Time, California Supreme Court Clarifies Administrative Exemption Test - Rejects Mechanical Application of Administrative/Production Dichotomy; NLRB Holds That Mandatory Arbitration Agreements With…more

In an important decision upholding the application of the safe harbors of the Digital Millennium Copyright Act and addressing claims against investors for secondary copyright infringement, the Ninth Circuit Court of Appeals on…more

In this issue: Employee's Alcoholism Does not Rise to the Level of an ADA Disability, Leading to Dismissal of Claims; Court Refuses to Enforce Arbitration Agreement for Lack of Consent; $2.1 Million Judgement in Washington Wage…more

On December 2, 2011, the Federal Circuit in In re Link_A_Media Devices made a significant ruling affecting the District of Delaware’s hold on suits filed against Delaware corporations that operate outside of the District. In…more

On November 17, 2011, Institutional Shareholder Services (ISS) released updates to its proxy voting guidelines. The updated policies will apply to all publicly-traded companies holding shareholder meetings on or after February…more

We analyzed the terms of venture financings for 113 companies headquartered in Silicon Valley that reported raising money in the third quarter of 2011. Up rounds exceeded down rounds in 3Q11 70% to 15%, with 15% of rounds…more

On Monday, November 14, 2011, the Federal Circuit in Powell v. The Home Depot U.S.A., Inc. made two significant rulings regarding patent damages and inequitable conduct. • It held that when a patent applicant fails to…more

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of…more

In this issue: New California Statutes Add to Employer Obligations; Employee Fails to Establish Sexual Harassment Based on Isolated Events; Federal Court, Not California PUC, Must Decide Whether SuperShuttle Drivers Are…more

Q: What is the most challenging case you have worked on and what made it challenging? A; I am a transactional lawyer (as opposed to a litigator) and my practice has two key prongs — (1) copyright counseling across a broad…more

In this issue: IRS Program Provides Amnesty for Settling Contractor Misclassifications; Important California Legislative Developments; “Meal Period” Issue Set For Oral Argument in Brinker: The “Provide” v. “Ensure” Saga…more