Fenwick & West LLP

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

  • 650-988-8500
  • 650-938-5200

Tax Alert: New Chief Counsel Memorandum Revisits Definition of “Obligation” under IRC Section 956

ILM 201436047 - In a recent memorandum, ILM 201436047 (Sept. 8, 2014), the IRS chief counsel seemingly exceeded the scope of its own regulations in advising that the amount of a CFC’s section 956 investment included…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

Will Namenda IR Withdrawal Force A Legal Switch on Product Hopping?

On September 15, 2014, New York Attorney General Eric Schneiderman filed an anti-trust lawsuit against the specialty pharmaceutical company Forest Laboratories and its new owner, Actavis. In the suit, Schneiderman alleges the…more
| Antitrust & Trade Regulation, Consumer Protection, Science, Computers, & Technology

Legal FAQ: Introduction to Patent Litigation

1. Who enforces a patent? The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from…more
| Civil Procedure, Civil Remedies, Intellectual Property, International Law & Trade

What are the Implications of Alice v. CLS? [Video]

While the Supreme Court’s ruling in Alice v. CLS Bank does not mean that software is ineligible for patent protection, the decision leaves many questions on patent eligibility unanswered. In the second video of a two-part…more
| Business Organizations, Commercial Law & Contracts, Intellectual Property, Products Liability, Science, Computers, & Technology

SEC Announces $30 Million Whistleblower Award to Non-U.S. Resident

On Monday, September 22, 2014, the SEC announced that it expected to award between $30 and $35 million to a non-U.S. whistleblower who provided the SEC with information about “an ongoing fraud that would have been very difficult…more
| Antitrust & Trade Regulation, Finance & Banking, Consumer Protection, International Law & Trade, Securities Law

Securities Litigation Alert: GlaxoSmithKline and Five Executives Convicted of Bribery in China

On Friday, September 19, 2014, a Chinese court found pharmaceutical giant GlaxoSmithKline guilty of bribing doctors and hospitals in order to increase sales of the company’s products in China. Among other things, the company was…more
| Commercial Law & Contracts, Criminal Law, International Law & Trade, Science, Computers, & Technology, Securities Law

Three Things Tech Titans Have That eHealth Needs

Large tech companies have been virtually lining up to announce their foray into the digital health space recently. Industry analysts have long suspected that an incumbent industry with a strong customer base could come in and…more
| Commercial Law & Contracts, Health, Science, Computers, & Technology

Quit Your Griping: The USPTO Is Doing Pretty Well These Days

The USPTO is getting it from all sides lately. It’s become too easy, some say, to get a patent—examiners are in the pockets of large corporations. Others argue that no, it’s at best a crap shoot, with the outcome depending on…more
| Intellectual Property

Mobile Health Technologies Rake in Largest Digital Health Investments of August

The top five digital health investments in August accounted for nearly half of the venture, private equity and angel investments in the sector during the month. Five companies raised $139 million of the $286.8 million invested,…more
| Communications & Media Law, Finance & Banking, Health, Science, Computers, & Technology

Employee Lawfully Terminated for Failure to Undergo Psychological Exam

In Kao v. University of San Francisco, a California appellate court upheld a jury’s verdict that the University of San Francisco (“USF”) lawfully terminated a professor who refused to undergo a fitness-for-duty examination…more
| Labor & Employment Law

Are the Supreme Court’s exceptions to patentability mandated by the Constitution, or are they just “statutory stare decisis”?

There has been significant commentary, both before and after the Supreme Court’s decision in Alice, that the various judicially created exceptions to patentability under 35 USC § 101 are not only sound, but are also…more
| Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Litigation Alert: California Bans Non-Disparagement Clauses in Consumer Contracts

On September 9, 2014, Governor Jerry Brown signed into law AB 2365, popularly referred to as the “Yelp” bill. The new law, codified at California Civil Code section 1670.8, will prohibit the use of “non-disparagement” clauses in…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection

California Becomes Second State to Mandate Paid Sick Leave

On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers, large or small, to provide employees paid sick leave (with limited…more
| Labor & Employment Law

Fenwick Employment Brief - September 2014

California Becomes Second State to Mandate Paid Sick Leave - On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers, large…more
| Labor & Employment Law

The Alice Guidance Categories of Potential Abstract Ideas

The Alice Guidance lists four example categories of abstract ideas: - fundamental economic practices - methods of organizing human activities - an idea of itself (sic), and - mathematical…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology
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100+ Attorneys

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