Fenwick & West LLP

Article 29 Working Party Criticizes Privacy Shield

On April 13, 2016, the Article 29 Working Party, which is a group composed of representatives of the national data protection authorities in Europe (“WP29”), published its opinion (“Opinion”) on the EU–U.S. Privacy Shield. The…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Digital Health Care Alert: Is Your Health Care App subject to HIPAA? The U.S. Department of Health & Human Services’ Office for Civil Rights (OCR) recently released two HIPAA compliance documents that provide useful guidance to health care app developers.

OCR’s Compliance Guidance for Health Care App Developers - The U.S. Department of Health & Human Services’ Office for Civil Rights (OCR) recently provided guidance (in the form of six “real-life” scenarios) to help health…more
| Health, Privacy, Science, Computers, & Technology

Securities Enforcement Alert: SEC Increases Scrutiny of “Unicorns” and Other Private Companies and Secondary Market Trading of Pre-IPO Shares - Urges Private Companies to Adopt Enhanced Controls Long Before IPO

In an unprecedented one-day blitz, the Chair of the Securities and Exchange Commission was joined by the SEC Enforcement Director in events in Silicon Valley and San Francisco on March 31 focused on one message: the SEC is…more
| Business Organizations, Finance & Banking, Securities Law

Securities Litigation and Enforcement Newsletter

SEC Enforcement Trends for 2016 - Welcome to the latest edition of Fenwick and West’s Securities Litigation and Enforcement Newsletter. In this newsletter, we look at SEC enforcement trends for 2016, starting with a recap…more
| Business Organizations, Finance & Banking, Securities Law

Privacy Alert: The Privacy Shield, As It Stands Today

Following the invalidation of the US-EU Safe Harbor by the Court of Justice of the European Union in October last year (see From a Safe Harbor to a Privacy Shield), the U.S. Department of Commerce and the EU Commission have…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

Purchasing Flowers Ends in Reforming Browsewrap Agreements

A California Court of Appeal has taken its first stance on the website design requirements necessary for an enforceable browsewrap agreement. On March 17, 2016 the Court of Appeal affirmed the California Superior Court of Los…more
| Commercial Law & Contracts, Science, Computers, & Technology

Intellectual Property Bulletin - Winter 2016

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a General…more
| Civil Procedure, Civil Remedies, Constitutional Law, Intellectual Property, Privacy

Lingering in Lexmark's wake, uncertainty about the limits of patent exhaustion

According to ten judges of the Federal Circuit, a patent owner’s right to sue for infringement in the United States is not exhausted by sales of products abroad or by sales subject to valid post-sale contractual restrictions on…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, International Law & Trade, Science, Computers, & Technology

#AliceStorm: When It Rains, It Pours...

Last year I christened the post-Alice impact on patents #Alicestorm, riffing on the hashtag #hellastorm used to refer to the Pineapple Express storms the drenched the Bay Area in December 2014. This year we have El Niño…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Vehicle Intelligence v. Mercedes-Benz: Ineligibility as a Proxy for Lack of Enablement

The Federal Circuit has issued six decisions since December 1, 2015, all of course invalidating the patents in suit, four per curiam (Clear With Computers v. Altec Indus; Cloud Satchel v. Amazon.com; Wireless Media Innovations…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Litigation Alert: 8th Circuit Clarifies Reach of Copyright Act in Preempting Right of Publicity Claims

8th Circuit affirms summary judgment in favor of NFL on former NFL players’ right of publicity claim, finding the claim to be preempted by the Copyright Act. Courts around the country have long struggled to define and…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Conflict of Laws, Intellectual Property

Technology and Life Sciences IPO Survey - 2015, Full Year

This report analyzes key aspects of initial public offerings (IPOs) for 94 technology and life sciences companies that went public in 2015. Our IPO Survey was developed for clients, friends and others interested in considering…more
| Business Organizations, Finance & Banking, Science, Computers, & Technology, Securities Law

Litigation Alert: Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the Right of Publicity

The Ninth Circuit affirmed the right of filmmakers and writers to use the story of Army Master Sgt. Jeffrey Sarver, an Army bomb disposal technician in Iraq, in the creation of the film The Hurt Locker. Sarver v. Chartier, 16…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, Privacy

Silicon Valley Venture Capital Survey - Fourth Quarter 2015

Background - We analyzed the terms of 152 venture financings closed in the fourth quarter of 2015 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Valuation results in 4Q15 were…more
| Business Organizations, Finance & Banking, Science, Computers, & Technology, Securities Law

The Terms Behind Unicorn Valuations

Background - In May 2015, we published our first survey of the terms of unicorn financings. That survey covered financings undertaken by US based unicorns in the 12 month period ended March 31, 2015, and is available..…more
| Commercial Law & Contracts, Finance & Banking
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