Fenwick & West LLP

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

  • 650-988-8500
  • 650-938-5200

Securities Litigation Alert: In Major Ruling, Appeals Court Sharply Narrows Reach of Insider Trading Law

On December 10, 2014, the U.S. Court of Appeals for the Second Circuit reversed insider trading convictions against two former hedge fund managers, and in the process sharply limited two key doctrines underpinning many recent…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Securities Law

Tax Alert: Commissionnaires and Other PE Structures under Scrutiny as Part of BEPS

The OECD has recently published a discussion draft on the portion of its BEPS action plan dealing with permanent establishments and has titled this paper, “Preventing the Artificial Avoidance of PE Status 1 The title itself…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

United States Property Investments under Section 956 of the Code

I. Background and Overall Scope of Section 956 - The overall purpose of section 956 is to tax investments made by CFCs in specified categories of “United States property” on a constructive dividend basis. The focus…more
| Commercial Law & Contracts, Finance & Banking, Intellectual Property, International Law & Trade, Taxation

The Day the Exception Swallowed the Rule: Is Any Software Patent Eligible After Ultramercial III?

The Supreme Court has consistently cautioned that the judicial exceptions to patent eligibility need to be carefully applied: At the same time, we tread carefully in construing this exclusionary principle lest it swallow…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Intellectual Property, Science, Computers, & Technology

October Digital Health Investments Dominated by Diagnostics and Therapeutics

Digital health companies raised just over $730 million through venture, private equity and angel investments in September, according to our latest analysis, bringing the total for the third quarter to approximately $1.3…more
| Communications & Media Law, Health, Science, Computers, & Technology

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email

A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance of not simply following rote notice procedures, but ensuring such communications…more
| Civil Procedure, Labor & Employment Law

“Egregious” Insubordinate Facebook Post not Protected by NLRA

The National Labor Relations Board (“NLRB”) upheld a San Francisco nonprofit’s decision not to rehire two employees due to their Facebook conversation. In Richmond District Neighborhood Center, the nonprofit ran an after-school…more
| Labor & Employment Law

Fenwick Employment Brief - November 2014

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email - A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance of…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law

Trends in Terms of Venture Financings in Silicon Valley - Third Quarter 2014

Background - We analyzed the terms of 180 venture financings closed in the third quarter of 2014 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Valuation results continued…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology

Litigation Alert: California Superior Court Finds Use of Likeness of Former Panamanian Dictator Manuel Noriega in Video Game Transformative

Manuel Noriega v. Activision Blizzard, Inc., No. BC 551747 (Cal Super. Ct. filed October 27, 2014) - In recent years, federal and state courts have wrestled with how to assess right of publicity claims in the video game…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Digital Health Investment in September Tops $700 Million

Digital health companies raised just over $730 million through venture, private equity and angel investments in September, according to our latest analysis, bringing the total for the third quarter to approximately $1.3…more
| Finance & Banking, Health, Science, Computers, & Technology

Highmark and Octane Helped, But Legislation on Fee Shifting Still Necessary

There is a continued need for patent reform to address the asymmetrical costs that patent litigation imposes on defendants. Given the substantial costs imposed on U.S. technology companies by the number of suits brought by…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Executive Compensation and Employee Benefits Alert: ISS Issues Draft Policy Changes for 2014 Comments Due by October 29, 2014

On October 15, 2014, Institutional Shareholder Services (ISS) published its draft policy changes for 2015 and opened a public comment period ending October 29, 2014. The proposed revisions for U.S. listed companies are designed…more
| Commercial Law & Contracts, Labor & Employment Law, Securities Law

New Laws Affecting California Employers

The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide arbitration data on their websites, in a searchable,…more
| Alternative Dispute Resolution (ADR), Civil Rights, Communications & Media Law, Labor & Employment Law

Are LinkedIn Contacts The Employer's Trade Secrets?

A federal district court in California held in Cellular Accessories For Less, Inc. v. Trinitas LLC that whether LinkedIn contact information can be an employer's trade secret is a factual dispute that must be decided by a jury…more
| Communications & Media Law, Labor & Employment Law, Intellectual Property
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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
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Locations
Other U.S. Locations
  • California
  • Washington
Other Countries
  • China
Number of Attorneys

100+ Attorneys

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