Fenwick & West LLP

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

  • 650-988-8500
  • 650-938-5200

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

Twenty-Two Ways Congress Can Save Section 101

In the seven months since Alice Corp. Pty. v. CLS Bank Int’l was decided, over one hundred patents have been invalidated for claiming ineligible subject matter, more than the total number of patents invalidated under Section 101…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

Silicon Valley Venture Capital Survey - Fourth Quarter 2014

Background - We analyzed the terms of 150 venture financings closed in the fourth quarter of 2014 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Valuation results…more
| Commercial Law & Contracts, Finance & Banking

Corporate Alert: Proposed Foreign Investment Law Would Bring Profound Changes to Foreign Investment Regime in China

On January 19, 2015, China’s Ministry of Commerce (“MOFCOM”) released a draft Foreign Investment Law (the “Draft Foreign Investment Law”) for public comments, together with MOFCOM’s explanatory notes (the “Explanatory Notes”)…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Of Broken Leases and ‘Broken Windows’

On Dec. 3, 2014, the Division of Enforcement of the U.S. Securities and Exchange Commission brought an enforcement action against two former top executives of Assisted Living Concepts LLC, a large provider of senior living…more
| Administrative Law, Commercial Law & Contracts, Health, Securities Law, Real Estate - Commercial

Post-Alice Patents in Ecommerce, Banking and Finance

Where are the post-Alice business method patents? Between January 1, 2015 and January 23, the USPTO issued 247 patents in class 705, the overall business methods classification. I reviewed the file histories of every…more
| Civil Procedure, Finance & Banking, Intellectual Property, Science, Computers, & Technology

Breath of Fresh Air: Software Patent Upheld After Alice

Last Friday in a note to subscribers, I predicted, tongue-in-cheek, an 80% probability that #AliceStorm would continue this morning.  Some days I’m glad to wrong. Today is one of those days. Yes, a patent eligibility decision…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

News Flash! Exxon Patents Selling Energy!

Here's an odd one. With all of the concern about patents on business methoods run amok, and patent trolls patenting the mere application of age old ideas on the Internet, with the intense scrutiny that that USPTO appears to have…more
| Energy & Utilities, Intellectual Property, Science, Computers, & Technology

Litigation Alert: Hana Financial v. Hana Bank - The Supreme Court Reaffirms the Power of the Jury to Decide Issues of Commercial Impression in a Trademark Tacking Decision

In the first substantial trademark case in over a decade, the Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide whether two trademarks, used by a single party, convey the same commercial…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Intellectual Property

Electronic Signature (eSignature) Court Decision — a rare one

In an odd electronic signature (eSignature) context, on December 30, 2014 a California appellate court reversed a trial court’s upholding of a settlement agreement based on a typewritten name in an email string. See J.B.B…more
| Commercial Law & Contracts, Law Practice Products & Services, Science, Computers, & Technology

Copyright Alert: Fox v Dish Summary Judgment Rulings

Mixed Outcomes on Copyright and Contract Issues Re: Volition, Time- and Space-Shifting, Intermediate Copying and Commercials-Skipping - In a complex opinion addressing intermingled copyright and contract issues, a Federal…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Business Torts, Intellectual Property, Science, Computers, & Technology
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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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Other U.S. Locations
  • California
  • Washington
Other Countries
  • China
Number of Attorneys

100+ Attorneys

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