Wilson Sonsini Goodrich & Rosati

650 Page Mill Road
Palo Alto, California 94304-1050, United States

  • 650-493-9300
  • 650-493-6811

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and…more

Big Data, Breach Notification Rule, Data Breach, Data Protection, Enforcement

See All Updates »

FDA Issues Notice to Congress of Its Intent to Comprehensively Regulate Laboratory Developed Tests (LDTs)

On July 31, 2014, the U.S. Food and Drug Administration (FDA) "pre-published" its proposed new plan to regulate laboratory developed tests (LDTs). In letters to the U.S. Senate and the House of Representatives, the FDA attached…more

Clinical Laboratories, Enforcement Guidance, FDA, Laboratory Developed Tests, Medical Devices

See All Updates »

"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from the…more

Critical Infrastructure Sectors, Cybersecurity, Data Collection, Disclosure Requirements, ECPA

See All Updates »

Fourth Update: Dodd-Frank Rules Impact End-Users of Foreign Exchange Derivatives - Key Recent Developments

This March 2014 update is a summary of certain recent developments under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) that impact corporate end-users of over-the-counter foreign exchange (FX)…more

Derivatives, Dodd-Frank, Foreign Exchanges, OTC

See All Updates »

"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from the…more

Critical Infrastructure Sectors, Cybersecurity, Data Collection, Disclosure Requirements, ECPA

See All Updates »

The Entrepreneurs Report Q3 2013

As widely reported, the aggregate dollar volume of venture financings held fairly steady from Q2 2013 to Q3 2013 (see, e.g., Venture Capital Valuation and Trends from PitchBook, Q4 2013). An analysis of transactions in which…more

Entrepreneurs, Funding, Startups, Venture Capital

See All Updates »

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and…more

Big Data, Breach Notification Rule, Data Breach, Data Protection, Enforcement

See All Updates »

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's…more

Actual or Constructive Knowledge, Appeals, Arbitration, Barnes and Noble, Browsewrap Agreement

See All Updates »

The Delaware Court of Chancery Finds Two Transactions Were Not Entirely Fair, but Awards No Damages Where the Prices of the Transactions Were Fair

On September 4, 2014, the Delaware Court of Chancery issued two lengthy post-trial opinions, both authored by Vice Chancellor John W. Noble, finding that recapitalization or restructuring transactions did not satisfy the entire…more

Breach of Duty, Damages, Fiduciary Duty, Recapitalization, Restructuring

See All Updates »

District Court Upholds HSR Rulemaking on Pharmaceutical Patent Licensing Transactions

The transfer of certain patent rights in the pharmaceutical industry will remain subject to the premerger notification rules under the Hart-Scott-Rodino Act (HSR Act) after a federal judge rejected a challenge brought by the…more

Administrative Procedure Act, FTC, Hart-Scott-Rodino Act, Patent Applications, Patents

See All Updates »

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's…more

Actual or Constructive Knowledge, Appeals, Arbitration, Barnes and Noble, Browsewrap Agreement

See All Updates »

Rule 10B5-1 Trading Plans: Considerations in Light of Increased Scrutiny

The aggressive use (or misuse) of Rule 10b5-1 trading plans is likely to become a significant area of focus for regulatory enforcement and securities class action plaintiffs. The floodlights now aimed at such plans are the…more

10b5-1 Plans, Insider Trading, SEC, Stocks

See All Updates »

California Public Utilities Commission Adopts Terms of Standard FIT Contract and Revised Tariffs

On May 23, 2013, the California Public Utilities Commission (CPUC or Commission) approved Decision 13-05-034 (Decision), which adopts the terms of a standard contract and revised tariffs for California's renewable Feed-in Tariff…more

CPUC, Feed-in-Tariffs, Modification, Power Purchase Agreements, Public Utilities Commission

See All Updates »

IRS Clarifies "Begun Construction" Guidance

On August 8, 2014, the Internal Revenue Service (IRS) issued Notice 2014-46, which clarifies and modifies Notice 2013-29 and Notice 2013-60…more

See All Updates »

IRS Publishes Safe Harbor for Monetizing Certain Tax Credits

Following Historic Boardwalk Hall LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), which rejected a partnership's allocation of rehabilitation tax credits to a purported partner, the Internal Revenue Service (IRS) recently…more

Exempt Organizations, Historical Landmarks, Investors, IRS, Partnerships

See All Updates »

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and…more

Big Data, Breach Notification Rule, Data Breach, Data Protection, Enforcement

See All Updates »

Innovations and Opportunities in Energy Efficiency Finance

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy…more

Clean Energy, Energy Efficiency, ESPCs, Innovation, Public-Private Partnerships

See All Updates »

The Life Sciences Report - Spring 2013

In this issue: - Best Patent Practices Under the America Invents Act - CMS Issues Final Rule for Implementing Sunshine Act - New IP Litigation Team a Boon for Firm's Life Sciences and Technology…more

America Invents Act, Civil Monetary Penalty, CMS, Final Rules, Mayo Foundation for Medical Ed

See All Updates »

The Life Sciences Report - Fall 2013

In this issue: - How to Expedite Examination of a Patent Application - The FDA Releases Final Guidance for Mobile Medical Applications - Creating Value in the Medtech Industry Using a Gender Lens -…more

Biotechnology, FDA, Life Sciences, Medical Devices, Mobile Apps

See All Updates »

The Delaware Court of Chancery Finds Two Transactions Were Not Entirely Fair, but Awards No Damages Where the Prices of the Transactions Were Fair

On September 4, 2014, the Delaware Court of Chancery issued two lengthy post-trial opinions, both authored by Vice Chancellor John W. Noble, finding that recapitalization or restructuring transactions did not satisfy the entire…more

Breach of Duty, Damages, Fiduciary Duty, Recapitalization, Restructuring

See All Updates »

IRS Clarifies "Begun Construction" Guidance

On August 8, 2014, the Internal Revenue Service (IRS) issued Notice 2014-46, which clarifies and modifies Notice 2013-29 and Notice 2013-60…more

See All Updates »

Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, DOJ, Enforcement Actions

See All Updates »

CFIUS and Chinese Investment: Lessons Learned from the First Half of 2013

Since the 2008 global financial crisis, Chinese companies have significantly increased their overseas investments in the United States. Like other foreign investments, Chinese investments may be subject to a national security…more

Acquisitions, CFIUS, China, Foreign Investment, Investors

See All Updates »

CFIUS and Chinese Investment: Lessons Learned from the First Half of 2013

Since the 2008 global financial crisis, Chinese companies have significantly increased their overseas investments in the United States. Like other foreign investments, Chinese investments may be subject to a national security…more

Acquisitions, CFIUS, China, Foreign Investment, Investors

See All Updates »

Delaware Court of Chancery Finds Financial Advisor Liable for Aiding and Abetting Breaches of Fiduciary Duty

In a much-anticipated, 91-page post-trial opinion issued on March 7, 2014, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery held in In re Rural Metro Corporation Stockholders Litigation that the lead financial…more

Aiding and Abetting, Board of Directors, Breach of Duty, Fiduciary Duty, Professional Liability

See All Updates »

Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, DOJ, Enforcement Actions

See All Updates »

The Entrepreneurs Report - 1H 2014

In this issue: - From the WSGR Database: Financing Trends for Q2 2014 - Trends in High Pre-money Valuation Financings - Price and Preference - Excerpt from Trends in High Pre-money Valuation…more

Angel Investors, Entrepreneurs, Financing, Funding, Startups

See All Updates »

Sixth Circuit Affirms FTC Order of Divestiture and Prohibits ProMedica Health System's Purchase of Competing Hospital

In an opinion published on April 22, 2014, the United States Court of Appeals for the Sixth Circuit sided with a Federal Trade Commission (FTC) decision that ProMedica Health System, Inc.'s acquisition of rival St. Luke's…more

Anticompetitive Agreements, Divestiture, FTC, Healthcare, Hospitals

See All Updates »

"Eye on Privacy" Newsletter - May 2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data?…more

Big Data, Clapper v. Amnesty International, Class Action, FTC, HIPAA

See All Updates »

FTC v. Actavis: "Reverse Payments"—Not Presumptively Lawful, Not Presumptively Unlawful, But Subject to a Rule-of-Reason Analysis

On June 17, 2013, after years of litigation in the lower courts, the United States Supreme Court issued its long-awaited decision in FTC v. Actavis. The 5-3 decision, however, did not have a clear winner, and the case was…more

Actavis Inc., FTC, FTC v Actavis, Generic Drugs, Pay-For-Delay

See All Updates »

DOJ Secures First-Ever Successful Extradition on Antitrust Charge

On Friday, April 4, 2014, the Antitrust Division of the United States Department of Justice (DOJ) announced that Romano Pisciotti, an Italian national, was extradited from Germany for his alleged role in a marine hose…more

Antitrust Litigation, Criminal Prosecution, DOJ, Extradition

See All Updates »

"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from the…more

Critical Infrastructure Sectors, Cybersecurity, Data Collection, Disclosure Requirements, ECPA

See All Updates »

HIPAA Omnibus Rule Compliance Deadline

September 23, 2013, the deadline for compliance with the new Health Insurance Portability and Accountability Act (HIPAA) regulations, is here. Although there has been much discussion about the new regulations since they were…more

Compliance, Deadlines, Healthcare, HIPAA, HIPAA Omnibus Rule

See All Updates »

"Eye on Privacy" Newsletter - September 2013

In this issue: - Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment - TCPA Update: Recent Decisions and Significant Upcoming Change to…more

CalOPPA, Data Brokers, FCRA, FTC, Mobile Apps

See All Updates »

The Mergers & Acquisitions Review - Chapter 2: EU Competition

While the European Commission’s highly visible antitrust and cartel investigations arguably dominated the headlines during the past 12 months, the EU’s merger control regime, even without a single prohibition decision, still…more

Antitrust Investigations, Cartels, EU, Legislative Agendas

See All Updates »

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

The Life Sciences Report - Fall 2013

In this issue: - How to Expedite Examination of a Patent Application - The FDA Releases Final Guidance for Mobile Medical Applications - Creating Value in the Medtech Industry Using a Gender Lens -…more

Biotechnology, FDA, Life Sciences, Medical Devices, Mobile Apps

See All Updates »

Significant Changes to California Pregnancy Leave Will Take Effect on December 30, 2012

The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that will…more

CFRA, Disability, Discrimination, FEHC, FMLA

See All Updates »

The Entrepreneurs Report - 1H 2014

In this issue: - From the WSGR Database: Financing Trends for Q2 2014 - Trends in High Pre-money Valuation Financings - Price and Preference - Excerpt from Trends in High Pre-money Valuation…more

Angel Investors, Entrepreneurs, Financing, Funding, Startups

See All Updates »

CFTC Extends Deadline to Comply with Certain Trading Documentation Requirements Under Dodd-Frank for Corporate End-Users of Foreign Exchange Derivatives

In late June 2013, the Commodity and Futures Trading Commission (CFTC) issued a no-action letter extending the period for certain corporate end-users of foreign exchange (FX) derivative transactions to comply with the trading…more

CFTC, Dodd-Frank, FX Swaps, ISDA, Major Swap Participants

See All Updates »

Patent Trial and Appeal Board Issues First Final Written Decision Under America Invents Act Proceeding

On June 11, 2013, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) issued the first final written decision in one of the new proceedings created by the America Invents Act (AIA)…more

America Invents Act, Covered Business Method Patents, Patent Reform, Patent Trial and Appeal Board, Patents

See All Updates »

IRS Clarifies "Begun Construction" Guidance

On August 8, 2014, the Internal Revenue Service (IRS) issued Notice 2014-46, which clarifies and modifies Notice 2013-29 and Notice 2013-60…more

See All Updates »

California Reauthorizes Self-Generation Incentive Program (SGIP) through 2020 and Begins to Implement Program Changes

On September 23, 2014, California Public Utilities Commission (CPUC or Commission) President Michael Peevey issued a Ruling which sets forth a process to implement changes to the Self-Generation Incentive Program (SGIP) enacted…more

CPUC, Incentives, SGIP, Utilities Sector

See All Updates »

New York City and New Jersey Expand Protections for Pregnant Workers

New laws are taking effect in New York City and New Jersey that provide greatly enhanced protections for pregnant women in the workplace. As of January 21, 2014, an amendment to New Jersey's Law Against Discrimination took…more

Employee Rights, Pregnancy, Pregnancy Discrimination

See All Updates »

California Supreme Court Addresses Test for Independent Contractor Status and Class Certification of Independent Contractor Misclassification Claims

Employers frequently struggle with determining when a service provider should be classified as an independent contractor, as opposed to an "employee." Getting the answer to that question wrong can prove significant in many ways…more

Class Action, Class Certification, Contractors, Employer Liability Issues, Independent Contractors

See All Updates »

The Fate of Delaware "Fee-Shifting" Bylaws

A topic of considerable controversy within the corporate community over the past two months has been the possibility of adopting a "fee-shifting" provision in the bylaws of Delaware corporations. Depending on how it is drafted,…more

Attorney's Fees, Board of Directors, Bylaws, Corporate Governance, Fee-Shifting Statutes

See All Updates »

Southern District of New York Holds Music Publishers Cannot Selectively Withdraw New Media Rights from ASCAP's Repertory

On September 17, 2013, the United States District Court for the Southern District of New York held that the consent decree entered into by and between the American Society of Composers, Authors and Publishers (ASCAP) and the…more

ASCAP, Competition, Consent Decrees, Copyright, DOJ

See All Updates »

Department of Energy Renewable Energy and Efficient Energy Projects Loan Guarantee Solicitation Alert

On July 3, 2014, the U.S. Department of Energy (DOE) Loan Programs Office (LPO) issued the final version of its Renewable Energy and Efficient Energy Projects Solicitation. As discussed in our previous WSGR Alert regarding the…more

DOE, Energy, Energy Efficiency, Renewable Energy

See All Updates »

Delaware Supreme Court Endorses "Fee-Shifting" Bylaw in Certified Question of Law

On May 8, 2014, the Delaware Supreme Court provided an en banc answer to a certified question of law from the U.S. District Court for the District of Delaware captioned ATP Tour, Inc. v. Deutscher Tennis Bund, concluding that…more

Board of Directors, Corporate Governance, Delaware General Corporation Law, Fee-Shifting Statutes

See All Updates »

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

Applications Now Being Accepted for USDA Renewable Energy and Energy Efficiency Grant and Loan Program

On Monday, May 5, 2014, the United States Department of Agriculture (USDA) announced that it will begin accepting new applications for grants and loans under the Rural Energy for America Program (REAP) for fiscal year 2014…more

Construction Loans, Energy, Energy Projects, Farm Bill, Farm Loans

See All Updates »

New Clearinghouse to Protect Brand Owners against Domain Name Abuse Opens March 26

In connection with the anticipated launch of new domain name extensions as early as April 2013, brand owners soon will have new procedural protections at their disposal. Beginning on March 26, brand owners can begin submitting…more

Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks

See All Updates »

The Fate of Delaware "Fee-Shifting" Bylaws

A topic of considerable controversy within the corporate community over the past two months has been the possibility of adopting a "fee-shifting" provision in the bylaws of Delaware corporations. Depending on how it is drafted,…more

Attorney's Fees, Board of Directors, Bylaws, Corporate Governance, Fee-Shifting Statutes

See All Updates »

Department of Energy Renewable Energy and Efficient Energy Projects Loan Guarantee Solicitation Alert

On July 3, 2014, the U.S. Department of Energy (DOE) Loan Programs Office (LPO) issued the final version of its Renewable Energy and Efficient Energy Projects Solicitation. As discussed in our previous WSGR Alert regarding the…more

DOE, Energy, Energy Efficiency, Renewable Energy

See All Updates »

FDA Issues Notice to Congress of Its Intent to Comprehensively Regulate Laboratory Developed Tests (LDTs)

On July 31, 2014, the U.S. Food and Drug Administration (FDA) "pre-published" its proposed new plan to regulate laboratory developed tests (LDTs). In letters to the U.S. Senate and the House of Representatives, the FDA attached…more

Clinical Laboratories, Enforcement Guidance, FDA, Laboratory Developed Tests, Medical Devices

See All Updates »

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and…more

Big Data, Breach Notification Rule, Data Breach, Data Protection, Enforcement

See All Updates »

Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, DOJ, Enforcement Actions

See All Updates »

The General Court's Intel Decision—"Back to the Seventies"

On June 12, 2014, the General Court in Luxembourg upheld the European Commission's 2009 (record) fine of €1.06 billion against Intel for abusing its dominant position in the market for x86 CPU microprocessors by offering…more

EU, European Commission, Fines, Intel, Rebates

See All Updates »

District Court Upholds HSR Rulemaking on Pharmaceutical Patent Licensing Transactions

The transfer of certain patent rights in the pharmaceutical industry will remain subject to the premerger notification rules under the Hart-Scott-Rodino Act (HSR Act) after a federal judge rejected a challenge brought by the…more

Administrative Procedure Act, FTC, Hart-Scott-Rodino Act, Patent Applications, Patents

See All Updates »

The Life Sciences Report - Spring 2014

In this issue: - A New Accelerator Takes Digital Health Start-Ups to the Next Level - The Return of the MedTech IPO Market - Is There a Deal in Your Future? A Guide to Navigating Antitrust Waters -…more

Digital Health, Healthcare, IPO, Patents, SBIRs

See All Updates »

Federal Circuit Partially Confirms Longer Patent Terms Under Exelixis and Novartis

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit confirmed that patent owners may be entitled to extended patent terms, a finding that is especially important for select pharmaceutical, biotech, and medical…more

Novartis, Patent Reform, Patent Term Adjustment, Patent Terms, Patents

See All Updates »

Opening of New York State's Green Bank Creates a New Source of Financing for Clean Energy Projects as It Issues Its First Request for Proposals

The $1 billion New York Green Bank initiative opened for business on February 5, 2014. The New York Green Bank, initially capitalized with $210 million in funding in December 2013, will partner with private-sector institutions…more

Banks, Clean Energy, Energy Policy, Green Banks

See All Updates »

Court Rejects Broad Definition of ‘Autodialer’ Under TCPA

The United States District Court for the Southern District of Florida recently addressed a critical threshold issue in cases brought under the Telephone Consumer Protection Act arising out of text messages or calls to…more

ATDS, Class Action, FCC, TCPA

See All Updates »

The Life Sciences Report - Spring 2014

In this issue: - A New Accelerator Takes Digital Health Start-Ups to the Next Level - The Return of the MedTech IPO Market - Is There a Deal in Your Future? A Guide to Navigating Antitrust Waters -…more

Digital Health, Healthcare, IPO, Patents, SBIRs

See All Updates »

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

The Entrepreneurs Report Q3 2013

As widely reported, the aggregate dollar volume of venture financings held fairly steady from Q2 2013 to Q3 2013 (see, e.g., Venture Capital Valuation and Trends from PitchBook, Q4 2013). An analysis of transactions in which…more

Entrepreneurs, Funding, Startups, Venture Capital

See All Updates »

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and…more

Big Data, Breach Notification Rule, Data Breach, Data Protection, Enforcement

See All Updates »

More Restrictions on Business with Russia

This week, the U.S. government imposed further significant sanctions against Russia in response to Russian President Vladimir Putin’s decision to reclaim the Crimean Peninsula as a part of the Russian Federation. These sanctions…more

Foreign Policy, Russia, Sanctions, Ukraine

See All Updates »

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and…more

Big Data, Breach Notification Rule, Data Breach, Data Protection, Enforcement

See All Updates »

Innovations and Opportunities in Energy Efficiency Finance

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy…more

Clean Energy, Energy Efficiency, ESPCs, Innovation, Public-Private Partnerships

See All Updates »

CFIUS and Chinese Investment: Lessons Learned from the First Half of 2013

Since the 2008 global financial crisis, Chinese companies have significantly increased their overseas investments in the United States. Like other foreign investments, Chinese investments may be subject to a national security…more

Acquisitions, CFIUS, China, Foreign Investment, Investors

See All Updates »

Innovations and Opportunities in Energy Efficiency Finance

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy…more

Clean Energy, Energy Efficiency, ESPCs, Innovation, Public-Private Partnerships

See All Updates »

The Life Sciences Report - Spring 2013

In this issue: - Best Patent Practices Under the America Invents Act - CMS Issues Final Rule for Implementing Sunshine Act - New IP Litigation Team a Boon for Firm's Life Sciences and Technology…more

America Invents Act, Civil Monetary Penalty, CMS, Final Rules, Mayo Foundation for Medical Ed

See All Updates »

The Entrepreneurs Report - 1H 2014

In this issue: - From the WSGR Database: Financing Trends for Q2 2014 - Trends in High Pre-money Valuation Financings - Price and Preference - Excerpt from Trends in High Pre-money Valuation…more

Angel Investors, Entrepreneurs, Financing, Funding, Startups

See All Updates »

Rule 10B5-1 Trading Plans: Considerations in Light of Increased Scrutiny

The aggressive use (or misuse) of Rule 10b5-1 trading plans is likely to become a significant area of focus for regulatory enforcement and securities class action plaintiffs. The floodlights now aimed at such plans are the…more

10b5-1 Plans, Insider Trading, SEC, Stocks

See All Updates »

India Enters "Pay-for-Delay" Fray: CCI Investigating Pharmaceutical Patent Settlements

India's competition authority, the Competition Commission of India (CCI), has begun scrutinizing and investigating pharmaceutical patent settlement agreements between brand and generic firms for potential anticompetitive…more

India, Patent Infringement, Patent Litigation, Patents, Pay-For-Delay

See All Updates »

More Restrictions on Business with Russia

This week, the U.S. government imposed further significant sanctions against Russia in response to Russian President Vladimir Putin’s decision to reclaim the Crimean Peninsula as a part of the Russian Federation. These sanctions…more

Foreign Policy, Russia, Sanctions, Ukraine

See All Updates »

The Life Sciences Report - Spring 2013

In this issue: - Best Patent Practices Under the America Invents Act - CMS Issues Final Rule for Implementing Sunshine Act - New IP Litigation Team a Boon for Firm's Life Sciences and Technology…more

America Invents Act, Civil Monetary Penalty, CMS, Final Rules, Mayo Foundation for Medical Ed

See All Updates »

The Entrepreneurs Report Q3 2013

As widely reported, the aggregate dollar volume of venture financings held fairly steady from Q2 2013 to Q3 2013 (see, e.g., Venture Capital Valuation and Trends from PitchBook, Q4 2013). An analysis of transactions in which…more

Entrepreneurs, Funding, Startups, Venture Capital

See All Updates »

More Restrictions on Business with Russia

This week, the U.S. government imposed further significant sanctions against Russia in response to Russian President Vladimir Putin’s decision to reclaim the Crimean Peninsula as a part of the Russian Federation. These sanctions…more

Foreign Policy, Russia, Sanctions, Ukraine

See All Updates »

Department of Energy Renewable Energy and Efficient Energy Projects Loan Guarantee Solicitation Alert

On July 3, 2014, the U.S. Department of Energy (DOE) Loan Programs Office (LPO) issued the final version of its Renewable Energy and Efficient Energy Projects Solicitation. As discussed in our previous WSGR Alert regarding the…more

DOE, Energy, Energy Efficiency, Renewable Energy

See All Updates »

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's…more

Actual or Constructive Knowledge, Appeals, Arbitration, Barnes and Noble, Browsewrap Agreement

See All Updates »

European Commission Proposes New Regime for Private Antitrust Damages Actions

On June 11, 2013, the European Commission published a proposal for a directive on private damages actions for breaches of EU competition law. If adopted, the directive will facilitate private damages actions in the national…more

Competition, Damages, EU, European Commission, Joint and Several Liability

See All Updates »

The Life Sciences Report - Fall 2013

In this issue: - How to Expedite Examination of a Patent Application - The FDA Releases Final Guidance for Mobile Medical Applications - Creating Value in the Medtech Industry Using a Gender Lens -…more

Biotechnology, FDA, Life Sciences, Medical Devices, Mobile Apps

See All Updates »

California Supreme Court Addresses Test for Independent Contractor Status and Class Certification of Independent Contractor Misclassification Claims

Employers frequently struggle with determining when a service provider should be classified as an independent contractor, as opposed to an "employee." Getting the answer to that question wrong can prove significant in many ways…more

Class Action, Class Certification, Contractors, Employer Liability Issues, Independent Contractors

See All Updates »

"Eye on Privacy" Newsletter - January 2013

In this issue: - FTC Releases Final Amendments to Children's Online Privacy Protection Rule - Mobile Apps Face Heightened Privacy Enforcement - Policies and Practices Scrutinized - Global and European Data…more

App Developers, COPPA, Data Protection, De-Identified Protected Health Information, FCC

See All Updates »

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and…more

Big Data, Breach Notification Rule, Data Breach, Data Protection, Enforcement

See All Updates »

Delaware Court of Chancery Upholds Forum Selection Bylaw That Chose a Non-Delaware Forum Against Facial and As-Applied Challenges

On September 8, 2014, Chancellor Andre G. Bouchard issued a notable decision in City of Providence v. First Citizens BancShares, Inc., upholding—as a matter of facial validity and on an "as-applied" basis at the motion to…more

Forum, Forum Selection Clause, Forum Shopping, Jurisdiction

See All Updates »

IRS Clarifies "Begun Construction" Guidance

On August 8, 2014, the Internal Revenue Service (IRS) issued Notice 2014-46, which clarifies and modifies Notice 2013-29 and Notice 2013-60…more

See All Updates »

California Public Utilities Commission Protects Net Metering Customers

A recent California Public Utilities Commission (CPUC) decision will protect the net metering rights of existing distributed generation customers. Under Decision 14-03-041 (Decision), customers taking electric service under a…more

CPUC, Net-Energy Metering, Utilities Sector

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FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

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The Life Sciences Report - Spring 2014

In this issue: - A New Accelerator Takes Digital Health Start-Ups to the Next Level - The Return of the MedTech IPO Market - Is There a Deal in Your Future? A Guide to Navigating Antitrust Waters -…more

Digital Health, Healthcare, IPO, Patents, SBIRs

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District Court Upholds HSR Rulemaking on Pharmaceutical Patent Licensing Transactions

The transfer of certain patent rights in the pharmaceutical industry will remain subject to the premerger notification rules under the Hart-Scott-Rodino Act (HSR Act) after a federal judge rejected a challenge brought by the…more

Administrative Procedure Act, FTC, Hart-Scott-Rodino Act, Patent Applications, Patents

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The Life Sciences Report - Spring 2014

In this issue: - A New Accelerator Takes Digital Health Start-Ups to the Next Level - The Return of the MedTech IPO Market - Is There a Deal in Your Future? A Guide to Navigating Antitrust Waters -…more

Digital Health, Healthcare, IPO, Patents, SBIRs

See All Updates »

SEC Announces Enforcement Initiative for Delinquent Securities Holding and Trading Reporting by Corporate Insiders and Public Companies

On September 10, 2014, the Securities and Exchange Commission (SEC) announced charges against 13 officers or directors and 15 major shareholders of publicly traded companies for violating Section 16(a), Section 13(d), and/or…more

Corporate Officers, Directors, Enforcement Actions, Insider Trading, Publicly-Traded Companies

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FDA Issues Notice to Congress of Its Intent to Comprehensively Regulate Laboratory Developed Tests (LDTs)

On July 31, 2014, the U.S. Food and Drug Administration (FDA) "pre-published" its proposed new plan to regulate laboratory developed tests (LDTs). In letters to the U.S. Senate and the House of Representatives, the FDA attached…more

Clinical Laboratories, Enforcement Guidance, FDA, Laboratory Developed Tests, Medical Devices

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The Life Sciences Report - Spring 2013

In this issue: - Best Patent Practices Under the America Invents Act - CMS Issues Final Rule for Implementing Sunshine Act - New IP Litigation Team a Boon for Firm's Life Sciences and Technology…more

America Invents Act, Civil Monetary Penalty, CMS, Final Rules, Mayo Foundation for Medical Ed

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IRS Issues Notice Clarifying Earlier Guidance on "Beginning of Construction" Requirement for PTC and ITC Purposes

On September 20, 2013, the IRS released Notice 2013-60, which clarified Notice 2013-29. Each Notice addresses the requirement that construction of a qualified facility must begin before January 1, 2014, in order to be eligible…more

Construction Contracts, Investment Tax Credits, IRS, Production Tax Credit, Renewable Energy

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New York Proposes Dramatic Reform of Utility Structure

On April 24, 2014, the New York State Department of Public Service (PSC) issued a report proposing a radical change to the way regulated utilities in the state are structured and the services they provide. The report, "Reforming…more

Electricity, Energy, Energy Policy, Energy Reform, Utilities Sector

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Fourth Update: Dodd-Frank Rules Impact End-Users of Foreign Exchange Derivatives - Key Recent Developments

This March 2014 update is a summary of certain recent developments under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) that impact corporate end-users of over-the-counter foreign exchange (FX)…more

Derivatives, Dodd-Frank, Foreign Exchanges, OTC

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Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, DOJ, Enforcement Actions

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Procedural Reform of EU Merger Control Rules

On December 5, 2013, after a public consultation launched in March 2013, the European Commission adopted a package to simplify its review of concentrations under the EU Merger Regulation (EUMR). This initiative was undertaken by…more

EU, EUMR, European Commission, Mergers

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Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and…more

Big Data, Breach Notification Rule, Data Breach, Data Protection, Enforcement

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Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps Up…more

Affordable Care Act, Data Breach, Data Protection, EU, EU Data Protection Laws

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California Reauthorizes Self-Generation Incentive Program (SGIP) through 2020 and Begins to Implement Program Changes

On September 23, 2014, California Public Utilities Commission (CPUC or Commission) President Michael Peevey issued a Ruling which sets forth a process to implement changes to the Self-Generation Incentive Program (SGIP) enacted…more

CPUC, Incentives, SGIP, Utilities Sector

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Federal Court of Appeals Addresses Oft-Debated Definition of "Instrumentality" Under the Foreign Corrupt Practices Act

On May 16, 2014, the Eleventh Circuit Court of Appeals was the first federal appellate court to weigh in on the controversial definition of "instrumentality" under the Foreign Corrupt Practices Act (FCPA). In United States v…more

Appeals, DOJ, FCPA, Foreign Entities, Foreign Official

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The Life Sciences Report - Fall 2013

In this issue: - How to Expedite Examination of a Patent Application - The FDA Releases Final Guidance for Mobile Medical Applications - Creating Value in the Medtech Industry Using a Gender Lens -…more

Biotechnology, FDA, Life Sciences, Medical Devices, Mobile Apps

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Recent Delaware Decision Highlights Importance of Formalities in Issuing Stock and Potential Utility of New Statutory Ratification Procedures

Late last year, Vice Chancellor John Noble of the Delaware Court of Chancery issued a decision in Boris v. Schaheen that highlights the importance of following formalities when issuing stock. The decision found an array of…more

Board of Directors, Corporate Counsel, Corporate Governance, Defective Corporate Acts, Stock Options

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European Commission Proposes New Regime for Private Antitrust Damages Actions

On June 11, 2013, the European Commission published a proposal for a directive on private damages actions for breaches of EU competition law. If adopted, the directive will facilitate private damages actions in the national…more

Competition, Damages, EU, European Commission, Joint and Several Liability

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Delaware Court of Chancery Finds Financial Advisor Liable for Aiding and Abetting Breaches of Fiduciary Duty

In a much-anticipated, 91-page post-trial opinion issued on March 7, 2014, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery held in In re Rural Metro Corporation Stockholders Litigation that the lead financial…more

Aiding and Abetting, Board of Directors, Breach of Duty, Fiduciary Duty, Professional Liability

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California Supreme Court Addresses Test for Independent Contractor Status and Class Certification of Independent Contractor Misclassification Claims

Employers frequently struggle with determining when a service provider should be classified as an independent contractor, as opposed to an "employee." Getting the answer to that question wrong can prove significant in many ways…more

Class Action, Class Certification, Contractors, Employer Liability Issues, Independent Contractors

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Patent Trial and Appeal Board Issues First Final Written Decision Under America Invents Act Proceeding

On June 11, 2013, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) issued the first final written decision in one of the new proceedings created by the America Invents Act (AIA)…more

America Invents Act, Covered Business Method Patents, Patent Reform, Patent Trial and Appeal Board, Patents

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The Mergers & Acquisitions Review - Chapter 2: EU Competition

While the European Commission’s highly visible antitrust and cartel investigations arguably dominated the headlines during the past 12 months, the EU’s merger control regime, even without a single prohibition decision, still…more

Antitrust Investigations, Cartels, EU, Legislative Agendas

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Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, DOJ, Enforcement Actions

See All Updates »

"Eye on Privacy" Newsletter - November 2013

In this issue: - California Amends CalOPPA to Require Do-Not-Track Disclosures - California’s Social Media “Eraser” Bill Becomes Law - California Extends Security Breach Notification Requirements to…more

Breach Notification Rule, CalOPPA, Data Breach, Data Protection, Disclosure Requirements

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Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's…more

Actual or Constructive Knowledge, Appeals, Arbitration, Barnes and Noble, Browsewrap Agreement

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Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, DOJ, Enforcement Actions

See All Updates »

The Life Sciences Report - Fall 2013

In this issue: - How to Expedite Examination of a Patent Application - The FDA Releases Final Guidance for Mobile Medical Applications - Creating Value in the Medtech Industry Using a Gender Lens -…more

Biotechnology, FDA, Life Sciences, Medical Devices, Mobile Apps

See All Updates »

Delaware Court of Chancery Issues Post-Trial Decision in Trados

On August 16, 2013, the Delaware Court of Chancery issued a much-anticipated post-trial decision in In Re Trados Incorporated Shareholder Litigation, holding that the sale of Trados to SDL was entirely fair to the Trados common…more

Fiduciary Duty

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Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps Up…more

Affordable Care Act, Data Breach, Data Protection, EU, EU Data Protection Laws

See All Updates »

SCOTUS: Human Genes Cannot Be Patented. Is This the End or Beginning of Genetic Research?

For a Legal Perspective on today's much-anticipated U.S. Supreme Court "Myriad" decision that naturally occuring substances are not patentable, we turned to IP attorneys writing on JD Supra..…more

AMP v Myriad, Biotechnology, DNA, Healthcare, Human Genes

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"Eye on Privacy" Newsletter - September 2013

In this issue: - Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment - TCPA Update: Recent Decisions and Significant Upcoming Change to…more

CalOPPA, Data Brokers, FCRA, FTC, Mobile Apps

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More Restrictions on Business with Russia

This week, the U.S. government imposed further significant sanctions against Russia in response to Russian President Vladimir Putin’s decision to reclaim the Crimean Peninsula as a part of the Russian Federation. These sanctions…more

Foreign Policy, Russia, Sanctions, Ukraine

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U.S. Supreme Court Overturns Federal Circuit Standard for Indefiniteness in Patent Cases

In a unanimous decision yesterday, the U.S. Supreme Court overturned the Federal Circuit's standard for determining whether patent claims are indefinite under 35.U.S.C. § 112, ¶2 in Nautilus, Inc. v. Biosig Instruments, Inc. The…more

Claim Construction, Indefiniteness, Nautilus Inc. v. Biosig Instruments, Patent Infringement, Patent Litigation

See All Updates »

IRS Publishes Safe Harbor for Monetizing Certain Tax Credits

Following Historic Boardwalk Hall LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), which rejected a partnership's allocation of rehabilitation tax credits to a purported partner, the Internal Revenue Service (IRS) recently…more

Exempt Organizations, Historical Landmarks, Investors, IRS, Partnerships

See All Updates »

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and…more

Big Data, Breach Notification Rule, Data Breach, Data Protection, Enforcement

See All Updates »

The Mergers & Acquisitions Review: Chapter 4: U.S. Antitrust

US COMPETITION OVERVIEW - As President Obama nears the midpoint of his second term, merger activity suffered a slight year-over-year dip but has still recovered moderately from the first years of the global economic…more

Antitrust Division, Antitrust Investigations, Cross-Border Transactions, DOJ, Enforcement Actions

See All Updates »

India Enters "Pay-for-Delay" Fray: CCI Investigating Pharmaceutical Patent Settlements

India's competition authority, the Competition Commission of India (CCI), has begun scrutinizing and investigating pharmaceutical patent settlement agreements between brand and generic firms for potential anticompetitive…more

India, Patent Infringement, Patent Litigation, Patents, Pay-For-Delay

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Delaware Court of Chancery Upholds Forum Selection Bylaw That Chose a Non-Delaware Forum Against Facial and As-Applied Challenges

On September 8, 2014, Chancellor Andre G. Bouchard issued a notable decision in City of Providence v. First Citizens BancShares, Inc., upholding—as a matter of facial validity and on an "as-applied" basis at the motion to…more

Forum, Forum Selection Clause, Forum Shopping, Jurisdiction

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The Life Sciences Report - Spring 2014

In this issue: - A New Accelerator Takes Digital Health Start-Ups to the Next Level - The Return of the MedTech IPO Market - Is There a Deal in Your Future? A Guide to Navigating Antitrust Waters -…more

Digital Health, Healthcare, IPO, Patents, SBIRs

See All Updates »

New Clearinghouse to Protect Brand Owners against Domain Name Abuse Opens March 26

In connection with the anticipated launch of new domain name extensions as early as April 2013, brand owners soon will have new procedural protections at their disposal. Beginning on March 26, brand owners can begin submitting…more

Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks

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DOJ Secures First-Ever Successful Extradition on Antitrust Charge

On Friday, April 4, 2014, the Antitrust Division of the United States Department of Justice (DOJ) announced that Romano Pisciotti, an Italian national, was extradited from Germany for his alleged role in a marine hose…more

Antitrust Litigation, Criminal Prosecution, DOJ, Extradition

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The Delaware Court of Chancery Finds Two Transactions Were Not Entirely Fair, but Awards No Damages Where the Prices of the Transactions Were Fair

On September 4, 2014, the Delaware Court of Chancery issued two lengthy post-trial opinions, both authored by Vice Chancellor John W. Noble, finding that recapitalization or restructuring transactions did not satisfy the entire…more

Breach of Duty, Damages, Fiduciary Duty, Recapitalization, Restructuring

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SEC Announces Enforcement Initiative for Delinquent Securities Holding and Trading Reporting by Corporate Insiders and Public Companies

On September 10, 2014, the Securities and Exchange Commission (SEC) announced charges against 13 officers or directors and 15 major shareholders of publicly traded companies for violating Section 16(a), Section 13(d), and/or…more

Corporate Officers, Directors, Enforcement Actions, Insider Trading, Publicly-Traded Companies

See All Updates »

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and…more

Big Data, Breach Notification Rule, Data Breach, Data Protection, Enforcement

See All Updates »

FTC Announces Settlements for Allegedly False Safe Harbor Compliance Claims

The Federal Trade Commission (FTC) recently announced settlements with 12 U.S. companies over allegations that the companies falsely claimed they held current certifications for the U.S.-EU Safe Harbor Privacy Framework. The FTC…more

Compliance, FTC, Safe Harbors

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Recent Delaware Decision Highlights Importance of Formalities in Issuing Stock and Potential Utility of New Statutory Ratification Procedures

Late last year, Vice Chancellor John Noble of the Delaware Court of Chancery issued a decision in Boris v. Schaheen that highlights the importance of following formalities when issuing stock. The decision found an array of…more

Board of Directors, Corporate Counsel, Corporate Governance, Defective Corporate Acts, Stock Options

See All Updates »

Court Rejects Broad Definition of ‘Autodialer’ Under TCPA

The United States District Court for the Southern District of Florida recently addressed a critical threshold issue in cases brought under the Telephone Consumer Protection Act arising out of text messages or calls to…more

ATDS, Class Action, FCC, TCPA

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"Eye on Privacy" Newsletter - September 2013

In this issue: - Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment - TCPA Update: Recent Decisions and Significant Upcoming Change to…more

CalOPPA, Data Brokers, FCRA, FTC, Mobile Apps

See All Updates »

Fifth Circuit Affirms Dismissal of Stockholder Complaint as Derivative Following Merger

On August 12, 2013, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a lawsuit contending that alleged controlling stockholders of Ascension Orthopedics, Inc. had expropriated voting and economic control…more

Derivative Suit, Dismissals, Mergers, Shareholder Litigation

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The Mergers & Acquisitions Review: Chapter 4: U.S. Antitrust

US COMPETITION OVERVIEW - As President Obama nears the midpoint of his second term, merger activity suffered a slight year-over-year dip but has still recovered moderately from the first years of the global economic…more

Antitrust Division, Antitrust Investigations, Cross-Border Transactions, DOJ, Enforcement Actions

See All Updates »

California Supreme Court Addresses Test for Independent Contractor Status and Class Certification of Independent Contractor Misclassification Claims

Employers frequently struggle with determining when a service provider should be classified as an independent contractor, as opposed to an "employee." Getting the answer to that question wrong can prove significant in many ways…more

Class Action, Class Certification, Contractors, Employer Liability Issues, Independent Contractors

See All Updates »

The Life Sciences Report - Spring 2014

In this issue: - A New Accelerator Takes Digital Health Start-Ups to the Next Level - The Return of the MedTech IPO Market - Is There a Deal in Your Future? A Guide to Navigating Antitrust Waters -…more

Digital Health, Healthcare, IPO, Patents, SBIRs

See All Updates »

Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, DOJ, Enforcement Actions

See All Updates »

California Public Utilities Commission Protects Net Metering Customers

A recent California Public Utilities Commission (CPUC) decision will protect the net metering rights of existing distributed generation customers. Under Decision 14-03-041 (Decision), customers taking electric service under a…more

CPUC, Net-Energy Metering, Utilities Sector

See All Updates »

Federal Court of Appeals Addresses Oft-Debated Definition of "Instrumentality" Under the Foreign Corrupt Practices Act

On May 16, 2014, the Eleventh Circuit Court of Appeals was the first federal appellate court to weigh in on the controversial definition of "instrumentality" under the Foreign Corrupt Practices Act (FCPA). In United States v…more

Appeals, DOJ, FCPA, Foreign Entities, Foreign Official

See All Updates »

Supreme Court Limits the Reach of Induced Patent Infringement

On June 2, 2014, the U.S. Supreme Court ruled in a unanimous decision that an entity cannot be liable for inducing patent infringement of a method claim where two or more entities perform the required steps of the claim. The…more

Akamai Technologies, Induced Infringement, Limelight, Limelight Networks, Patent Infringement

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Federal Circuit Partially Confirms Longer Patent Terms Under Exelixis and Novartis

On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit confirmed that patent owners may be entitled to extended patent terms, a finding that is especially important for select pharmaceutical, biotech, and medical…more

Novartis, Patent Reform, Patent Term Adjustment, Patent Terms, Patents

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The Mergers & Acquisitions Review: Chapter 4: U.S. Antitrust

US COMPETITION OVERVIEW - As President Obama nears the midpoint of his second term, merger activity suffered a slight year-over-year dip but has still recovered moderately from the first years of the global economic…more

Antitrust Division, Antitrust Investigations, Cross-Border Transactions, DOJ, Enforcement Actions

See All Updates »

FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical, Prescription Drugs

See All Updates »

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies…more

Apple, Class Action, Cramming, Data Brokers, Data Collection

See All Updates »

U.S. Supreme Court Overturns Federal Circuit Standard for Indefiniteness in Patent Cases

In a unanimous decision yesterday, the U.S. Supreme Court overturned the Federal Circuit's standard for determining whether patent claims are indefinite under 35.U.S.C. § 112, ¶2 in Nautilus, Inc. v. Biosig Instruments, Inc. The…more

Claim Construction, Indefiniteness, Nautilus Inc. v. Biosig Instruments, Patent Infringement, Patent Litigation

See All Updates »

IRS Publishes Safe Harbor for Monetizing Certain Tax Credits

Following Historic Boardwalk Hall LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), which rejected a partnership's allocation of rehabilitation tax credits to a purported partner, the Internal Revenue Service (IRS) recently…more

Exempt Organizations, Historical Landmarks, Investors, IRS, Partnerships

See All Updates »

Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
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Other U.S. Locations
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Number of Attorneys

400+ Attorneys

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