Fenwick & West LLP

Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses

Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide helpful reminders for employers drafting, reviewing or enforcing arbitration…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Fenwick Employment Brief - March 2015

Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses - Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and…more
| Alternative Dispute Resolution (ADR), Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Litigation Alert: The Supreme Court’s Omnicare Decision Clarifies When an Opinion Stated in a Registration Statement Can Give Rise to Section 11 Liability

Overview - On March 24, 2015, the Supreme Court issued its opinion in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, a highly anticipated case concerning the circumstances under which…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

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
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, International Law & Trade, Taxation

Key Metrics for Recent Technology and Life Sciences Initial Public Offerings

In this Newsletter: - Survey Results - Offerings Completed - Size of Offerings, Red Herring Midpoint - Size of Offerings, Final IPO Price - Aggregate Amount Raised, Red Herring Midpoint…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Science, Computers, & Technology, Securities Law

Private Company Valuations are Not Comparable to Public Company Valuations

There has been a great deal written about the growing number of venture backed companies with billion-dollar valuations. While valuations are clearly high discussions about venture valuations can be misleading, because the…more
| Business Organizations, Finance & Banking

The Basics of Copyright Law: Just Enough Copyright for People Who Are Not Attorneys or Intellectual Property Experts

You have been helping a client set up her consulting business for failing bookstores (Speak Volumes Recovery Group), and she mentions that she has developed a PowerPoint presentation and hand-outs for use in their seminars. “Do…more
| Intellectual Property

Digital Health Enjoys Tremendous Growth in 2014

What a difference a year makes. Last year, we noted that 2013 was a blockbuster year for digital health investments with almost $2 billion of private capital going into the sector. We highlighted the 10 largest deals of 2013,…more
| Health, Science, Computers, & Technology

Overview of the Taxation of Foreign Currency

In this Newsletter: - Determination of the Functional Currency and Definition of a “QBU” - Section 988 — Non Functional Currency Transactions - Section 986 — Translation Rules for Earnings and Profits and Foreign…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

Comments on USPTO’s Interim Patent Eligibility Guidance (Part 3)

Interim Guidance: Summaries of Patent Eligibility Cases - The Interim Guidance provides succinct summaries of various Supreme Court and Federal Circuit decisions. As explained by the Office at the January 21, 2015 Patent…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Termination Of Employee For Engaging In Outside Work While On FMLA/CFRA Upheld, But “Honest Belief” Standard Not Addressed

In Richey v. AutoNation, Inc., the California Supreme Court held that an arbitrator committed no legal error when he determined that an employer lawfully terminated an employee for engaging in outside employment while on…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

On Premises, On-Call Time Compensable; Sleep Time Not Excluded

Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS Security Solutions, Inc. held that security guards were entitled to compensation…more
| Civil Procedure, Labor & Employment Law

Comments on USPTO’s Interim Patent Eligibility Guidance (Part 2)

The Preemption Requirement - Preemption is the core concern that drives the Court’s “exclusionary principle”. The Supreme Court in Alice stated..…more
| Civil Procedure, Conflict of Laws, Intellectual Property, Science, Computers, & Technology

Fenwick Employment Brief - February 2015

On Premises, On-Call Time Compensable; Sleep Time Not Excluded - Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS Security…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law, Science, Computers, & Technology

Comments on USPTO’s Interim Patent Eligibility Guidance (Part I)

On December 16, 2014 the USPTO issued its 2014 Interim Guidance on Subject Matter Eligibility. In the introduction, the Guidance states that it “is responsive to the public comments received pertaining to the March 2014…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology
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Contact

Silicon Valley Center 801 California Street
Mountain View, CA 94041, United States

  • 650-988-8500
  • 650-938-5200

Areas of Practice
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Energy & Utilities
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
See more
Locations
Other U.S. Locations
  • California
  • Washington
Other Countries
  • China
Number of Attorneys

100+ Attorneys

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