Wilson Sonsini Goodrich & Rosati

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

See All Updates »

SEC Adopts Pay Ratio Disclosure Rules

August 20, 2015 On August 5, 2015, the Securities and Exchange Commission (SEC) adopted the final pay ratio disclosure rules to implement Section 953(b) of the Dodd-Frank Act. These rules, which will require proxy disclosure in…more

CEOs, Data Privacy, Disclosure Requirements, Executive Compensation, Issuers

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District Court Holds That FDCA Does Not Prohibit and Criminalize Truthful Off-Label Promotion of FDA-Approved Prescription Drugs

On August 7, 2015, the U.S. District Court for the Southern District of New York released its Amarin opinion addressing whether truthful, non-misleading off-label promotion of U.S. Food and Drug Administration (FDA)-approved…more

Abbott Laboratories, Allergan Inc, Amarin, Enforcement Actions, False Claims Act

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"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

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USPTO Announces Significant Reforms in Three Rounds of AIA Rule Changes—Round One: Increased Page Limits for Motions to Amend and Reply Briefs

On March 27, 2015, the U.S. Patent and Trademark Office (USPTO) announced the first of three upcoming "rule packages" that will clarify and modify rules for proceedings under the America Invents Act (AIA). In a blog post on the…more

America Invents Act, USPTO

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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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"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 »

Update on the DOJ's Criminal Investigation into Generic Pharmaceuticals

The Department of Justice Antitrust Division's (DOJ's) investigation into the generic pharmaceutical industry may be expanding. On March 15, 2015, a third generic manufacturer disclosed that it received a subpoena from the DOJ…more

Amnesty, Cartels, DOJ, Generic Drugs, Government Investigations

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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

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FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to make…more

Cell Phones, Corporate Counsel, Enforcement, FCC, Marketing

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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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Plaintiffs' Firms Seek Quick Money by Challenging "Dead Hand Proxy Puts" in Debt Agreements

Delaware corporations should be aware of the latest trend in strike suits being pursued by stockholder plaintiff law firms. Such lawsuits are increasingly being filed to challenge so-called "dead hand proxy put" provisions in…more

See All Updates »

Federal Trade Commission Announces Revisions to Hart-Scott-Rodino Thresholds

As it does every year at this time, the Federal Trade Commission (FTC) has issued revised Hart-Scott-Rodino Act (HSR) jurisdictional thresholds for the upcoming year. The FTC is required by law to revise the filing thresholds…more

Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, Threshhold 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

See All Updates »

SEC Adopts Pay Ratio Disclosure Rules

August 20, 2015 On August 5, 2015, the Securities and Exchange Commission (SEC) adopted the final pay ratio disclosure rules to implement Section 953(b) of the Dodd-Frank Act. These rules, which will require proxy disclosure in…more

CEOs, Data Privacy, Disclosure Requirements, Executive Compensation, Issuers

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

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USPTO Issues New Guidance with Fewer Limitations on the Subject Matter Eligibility of Patent Claims

The U.S. Patent and Trademark Office (USPTO) today released its latest iteration of guidance—referred to as the "Interim Eligibility Guidance"—to its examiners. This guidance is aimed at assessing whether an invention claimed in…more

Alice Corporation, CLS Bank v Alice Corp, DNA, Mayo v. Prometheus, Myriad

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IRS Extends "Begun Construction" Guidance

Earlier yesterday, the IRS released Notice 2015-25, 2015-13 IRB 1, which updates the guidance provided in Notice 2013-29, 2013-1 C.B. 1085, Notice 2013-60, 2013-2 C.B. 431, and Notice 2014-46, 2014-36 I.R.B. 520 (collectively,…more

Construction Industry, Construction Project, Contractors, General Contractors, Investment Tax Credits

See All Updates »

USPTO Announces Second Round of AIA Rule Changes

On August 19, 2015, the U.S. Patent and Trademark Office (USPTO) announced another set of proposed changes to the rules governing Patent Trial and Appeal Board (PTAB) trial proceedings under the America Invents Act (AIA)…more

Amended Complaints, America Invents Act, Claim Construction, Covered Business Method Proceedings, Inter Partes Review Proceedings

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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

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The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

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

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The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

See All Updates »

FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

ANDA, FDA, Generic Drugs, Healthcare, Orange Book

See All Updates »

USPTO Issues New Guidance with Fewer Limitations on the Subject Matter Eligibility of Patent Claims

The U.S. Patent and Trademark Office (USPTO) today released its latest iteration of guidance—referred to as the "Interim Eligibility Guidance"—to its examiners. This guidance is aimed at assessing whether an invention claimed in…more

Alice Corporation, CLS Bank v Alice Corp, DNA, Mayo v. Prometheus, Myriad

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 »

Plaintiffs' Firms Seek Quick Money by Challenging "Dead Hand Proxy Puts" in Debt Agreements

Delaware corporations should be aware of the latest trend in strike suits being pursued by stockholder plaintiff law firms. Such lawsuits are increasingly being filed to challenge so-called "dead hand proxy put" provisions in…more

See All Updates »

Renewable Structures: Choices and Challenges

Since the first wind deal utilizing a partnership in 2003 (also known as a “partnership flip,” a “pre-tax after-tax partnership,” or a “wind safe harbor partnership structure”), there has been a constant evolution of structures…more

Energy Sector, Financing, Master Limited Partnerships, Private Equity, Public Financing

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China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

See All Updates »

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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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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SEC Adopts Pay Ratio Disclosure Rules

August 20, 2015 On August 5, 2015, the Securities and Exchange Commission (SEC) adopted the final pay ratio disclosure rules to implement Section 953(b) of the Dodd-Frank Act. These rules, which will require proxy disclosure in…more

CEOs, Data Privacy, Disclosure Requirements, Executive Compensation, Issuers

See All Updates »

Update on the DOJ's Criminal Investigation into Generic Pharmaceuticals

The Department of Justice Antitrust Division's (DOJ's) investigation into the generic pharmaceutical industry may be expanding. On March 15, 2015, a third generic manufacturer disclosed that it received a subpoena from the DOJ…more

Amnesty, Cartels, DOJ, Generic Drugs, Government Investigations

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

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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

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The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

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

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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

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SEC Issues Proposed Clawback Rules

On July 1, 2015, the Securities and Exchange Commission (SEC) issued proposed rules that would require publicly listed companies to recover (or "clawback") excess incentive-based compensation from current and former executives…more

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Department of Justice's Antitrust Division Brings First E-Commerce Prosecution

Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has entered…more

Algorithms, Amazon, Antitrust Litigation, DOJ, E-Commerce

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"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 »

Implications of the U.S. Supreme Court Omnicare Decision

On March 24, 2015, the U.S. Supreme Court issued its decision in Omnicare, Inc., et al. v. Laborers District Council Construction Industry Pension Fund, et al., addressing when an issuer may be held liable for material…more

Issuers, Material Misstatements, Omnicare v Laborers District Council, Pharmaceutical Manufacturers, PSLRA

See All Updates »

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

See All Updates »

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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Federal Circuit Allows Judicial Review of PTAB's Determination That Patent Qualifies as "Covered Business Method"

On July 9, 2015, a divided Federal Circuit held in Versata Development Group, Inc. v. SAP America, Inc., No. 14-1194, that it can review Patent Trial and Appeal Board (PTAB) determinations that a patent is a "covered business…more

Covered Business Method Patents, Cuozzo Speed Technologies, Inter Partes Review Proceedings, Judicial Review, Jurisdiction

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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

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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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European Commission Antitrust Inquiry Set to Create Level Playing Field in E-Commerce

On May 6, 2015, European Commissioner for Competition Margrethe Vestager announced that the European Commission (EC) competition directorate plans to conduct an 18-month "sector inquiry" into e-commerce. The inquiry will focus…more

Antitrust Investigations, E-Commerce, EU, European Commission

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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 - 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 »

Diversity Newsletter - 2015

Tamika Montgomery-Reeves Strives to Learn and to Lead - A partner in Wilson Sonsini Goodrich & Rosati’s Wilmington, Delaware, office, Tamika Montgomery-Reeves gave birth to her first child, Jackson, this past May. On…more

Diversity, Law Firm Associates, Law Firm Partners

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The Entrepreneurs Report - Q1 2015

In This Issue: - From the WSGR Database: Financing Trends for Q1 2015 - Price and Preference: Part 2 - Haves and Have Nots in Venture Financings - Excerpt from Price and Preference: Part…more

Entrepreneurs, Equity Financing, Equity Investors, Financing, Investors

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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

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Implications of the U.S. Supreme Court Omnicare Decision

On March 24, 2015, the U.S. Supreme Court issued its decision in Omnicare, Inc., et al. v. Laborers District Council Construction Industry Pension Fund, et al., addressing when an issuer may be held liable for material…more

Issuers, Material Misstatements, Omnicare v Laborers District Council, Pharmaceutical Manufacturers, PSLRA

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Trinity Wall Street v. Wal-Mart Stores, Inc. Provides New (But Limited) Guidance on the Ordinary Business Exception to Rule 14a-8

A tenet of corporate law is that directors—not shareholders—manage a company's business and affairs. Recognizing that proposals adopted through the Rule 14a-8 process could allow shareholders to intrude on matters traditionally…more

Board of Directors, Firearms, Proxy Statements, SEC, Shareholder Proposals

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The Entrepreneurs Report - Q1 2015

In This Issue: - From the WSGR Database: Financing Trends for Q1 2015 - Price and Preference: Part 2 - Haves and Have Nots in Venture Financings - Excerpt from Price and Preference: Part…more

Entrepreneurs, Equity Financing, Equity Investors, Financing, Investors

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

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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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IRS Extends "Begun Construction" Guidance

Earlier yesterday, the IRS released Notice 2015-25, 2015-13 IRB 1, which updates the guidance provided in Notice 2013-29, 2013-1 C.B. 1085, Notice 2013-60, 2013-2 C.B. 431, and Notice 2014-46, 2014-36 I.R.B. 520 (collectively,…more

Construction Industry, Construction Project, Contractors, General Contractors, Investment Tax Credits

See All Updates »

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

See All Updates »

FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

ANDA, FDA, Generic Drugs, Healthcare, Orange Book

See All Updates »

California Investor-Owned Utilities Launch 2014 Energy Storage RFOs

On December 1, 2014, California's three large investor-owned utilities (IOUs)—Pacific Gas & Electric Company (PG&E), Southern California Edison Company (SCE), and San Diego Gas & Electric Company (SDG&E)—issued Requests for…more

Energy Sector, Grid Energy Storage, Investor-Owned Utilities, PG&E, Request for Offers

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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

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SEC Joins Agency Attack on Confidentiality Clauses in Employee-Related Agreements and Policies

In a recent enforcement action, the Securities and Exchange Commission (SEC) took action against a company for "using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing…more

Confidentiality Agreements, EEOC, Employment Policies, Enforcement Actions, Internal Investigations

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New Delaware Decisions Provide Strong Support for Independent Board Decisions in the Sale of a Company

On December 19, 2014, the Delaware Supreme Court, in C&J Energy Services, Inc. v. City of Miami General Employees' & Sanitation Employees' Retirement Trust, issued a strongly worded decision refusing to enjoin a change of…more

Auction, Board of Directors, C&J Energy, Corporate Counsel, En Banc Review

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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

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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

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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

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Federal Circuit Amgen Case Clarifies Important Aspects of the Biologics Price Competition and Innovation Act

On July 21, 2015, the U.S. Court of Appeals for the Federal Circuit issued its holding in Amgen Inc. v. Sandoz Inc., 2015-1499 (Fed. Cir. 2015). The Federal Circuit's decision is the latest development in the long-running battle…more

Appeals, Biosimilars, BPCIA, Commercial Marketing, Counterclaims

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Eye on Privacy Newsletter - October 2014

In this issue: - FTC Recommends Improved Transparency and Security in Mobile Shopping Apps - Appellate Courts to Address What Constitutes an "Automatic Telephone Dialing System" Under the TCPA - California…more

Data Protection, FTC, Mobile Apps, Mobile Payments, New Regulations

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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

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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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New Delaware Decisions Provide Strong Support for Independent Board Decisions in the Sale of a Company

On December 19, 2014, the Delaware Supreme Court, in C&J Energy Services, Inc. v. City of Miami General Employees' & Sanitation Employees' Retirement Trust, issued a strongly worded decision refusing to enjoin a change of…more

Auction, Board of Directors, C&J Energy, Corporate Counsel, En Banc Review

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Department of Energy Loan Programs Office Update: Recent Announcements, Insights, and Upcoming Workshops

Throughout 2014, the Department of Energy (DOE) Loan Programs Office (LPO) announced nearly $25 billion in new loan guarantee authority across three solicitations and promoted the success of its existing portfolio, while…more

DOE, Energy Projects, Energy Sector, Government-Guaranteed Loans

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District Court Holds That FDCA Does Not Prohibit and Criminalize Truthful Off-Label Promotion of FDA-Approved Prescription Drugs

On August 7, 2015, the U.S. District Court for the Southern District of New York released its Amarin opinion addressing whether truthful, non-misleading off-label promotion of U.S. Food and Drug Administration (FDA)-approved…more

Abbott Laboratories, Allergan Inc, Amarin, Enforcement Actions, False Claims Act

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Federal Trade Commission Announces First "Start with Security" Events

On June 30, 2015, the Federal Trade Commission (FTC) announced the first two events of its new "Start with Security" business education initiative to provide additional guidance on data security best practices. The first event,…more

Best Practices, Cybersecurity, Data Protection, FTC, Technical Conference

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Southern California Edison Launches RFO for Distributed Generation in Orange County

On November 20, 2014, Southern California Edison (SCE) launched its Renewable Distributed Generation Preferred Resources Pilot (PRP RFO) for Eligible Renewable Resources (ERRs) in central Orange County. The PRP RFO will be used…more

Electric Generation Suppliers, Private Utility, Renewable Energy, Southern California Edison

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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 »

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

See All Updates »

Second Circuit Affirms District Court Ruling Against Apple in E-Books Price-Fixing Suit, Creating Potential Circuit Split

On June 30, 2015, in a 2-to-1 ruling, the Second Circuit affirmed the district court's judgment in United States v. Apple, Inc. that Apple and five of the largest book publishers in the U.S. entered into a per se illegal…more

Amazon, Apple, Barnes and Noble, Corporate Counsel, DOJ

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Second Circuit Affirms District Court Ruling Against Apple in E-Books Price-Fixing Suit, Creating Potential Circuit Split

On June 30, 2015, in a 2-to-1 ruling, the Second Circuit affirmed the district court's judgment in United States v. Apple, Inc. that Apple and five of the largest book publishers in the U.S. entered into a per se illegal…more

Amazon, Apple, Barnes and Noble, Corporate Counsel, DOJ

See All Updates »

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

See All Updates »

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

See All Updates »

Department of Energy Loan Programs Office Update: Recent Announcements, Insights, and Upcoming Workshops

Throughout 2014, the Department of Energy (DOE) Loan Programs Office (LPO) announced nearly $25 billion in new loan guarantee authority across three solicitations and promoted the success of its existing portfolio, while…more

DOE, Energy Projects, Energy Sector, Government-Guaranteed Loans

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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 »

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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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

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Implications of the U.S. Supreme Court Omnicare Decision

On March 24, 2015, the U.S. Supreme Court issued its decision in Omnicare, Inc., et al. v. Laborers District Council Construction Industry Pension Fund, et al., addressing when an issuer may be held liable for material…more

Issuers, Material Misstatements, Omnicare v Laborers District Council, Pharmaceutical Manufacturers, PSLRA

See All Updates »

FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to make…more

Cell Phones, Corporate Counsel, Enforcement, FCC, Marketing

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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 »

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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China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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 »

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

See All Updates »

California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus…more

Business Development, Corporate Counsel, DOL, Employee Rights, Hiring & Firing

See All Updates »

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

See All Updates »

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

See All Updates »

Proposed Rule to Subject Certain Cybersecurity Items to Greater Export Restrictions

The U.S. Department of Commerce Bureau of Industry and Security (BIS) recently published a proposed rule enhancing controls on certain cybersecurity items under the Export Administration Regulations (EAR). Specifically, the…more

BIS, Comment Period, Cybersecurity, EAR, Encryption

See All Updates »

Eye on Privacy Newsletter - October 2014

In this issue: - FTC Recommends Improved Transparency and Security in Mobile Shopping Apps - Appellate Courts to Address What Constitutes an "Automatic Telephone Dialing System" Under the TCPA - California…more

Data Protection, FTC, Mobile Apps, Mobile Payments, New Regulations

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 »

FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

ANDA, FDA, Generic Drugs, Healthcare, Orange Book

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District Court Denies Amgen's Bid to Block Sale of Blockbuster Biosimilar Drug

On March 19, 2015, Judge Seeborg of the Northern District of California handed a significant victory to Sandoz's efforts to bring the first biosimilar product to market by denying Amgen's partial judgment on the pleadings and…more

Biosimilars, BPCIA, FDA, Patents, Pharmaceutical Manufacturers

See All Updates »

The Entrepreneurs Report - 1H 2015

As we reported in Q1 2015, venture money is continuing to shift to a smaller number of large deals, which is causing surges in both the percentage of deals that are up rounds (which remained quite high in Q2) and pre-money…more

Business Valuations, Entrepreneurs, Equity Financing, Financing, Startups

See All Updates »

FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

ANDA, FDA, Generic Drugs, Healthcare, Orange Book

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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 »

FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

ANDA, FDA, Generic Drugs, Healthcare, Orange Book

See All Updates »

Proposed Rule to Subject Certain Cybersecurity Items to Greater Export Restrictions

The U.S. Department of Commerce Bureau of Industry and Security (BIS) recently published a proposed rule enhancing controls on certain cybersecurity items under the Export Administration Regulations (EAR). Specifically, the…more

BIS, Comment Period, Cybersecurity, EAR, Encryption

See All Updates »

SEC Adopts Pay Ratio Disclosure Rules

August 20, 2015 On August 5, 2015, the Securities and Exchange Commission (SEC) adopted the final pay ratio disclosure rules to implement Section 953(b) of the Dodd-Frank Act. These rules, which will require proxy disclosure in…more

CEOs, Data Privacy, Disclosure Requirements, Executive Compensation, Issuers

See All Updates »

FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

ANDA, FDA, Generic Drugs, Healthcare, Orange Book

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 »

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

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

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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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European Commission Antitrust Inquiry Set to Create Level Playing Field in E-Commerce

On May 6, 2015, European Commissioner for Competition Margrethe Vestager announced that the European Commission (EC) competition directorate plans to conduct an 18-month "sector inquiry" into e-commerce. The inquiry will focus…more

Antitrust Investigations, E-Commerce, EU, European Commission

See All Updates »

The Life Sciences Report - Spring 2015

In This Issue: - The Rise of Companion Diagnostics in Personalized Medicine: Challenges and Opportunities - Department of Justice Imposes More Than $110 Million in Fines on Medical Device Makers - Life…more

Diagnostic Tests, DOJ, Emerging Growth Companies, Enforcement Actions, Equity Financing

See All Updates »

Chancery Court Refuses to Enforce Non-Competition Agreement Against a California-Based Employee Despite Delaware Choice-of-Law Provision

In non-competition agreement disputes involving California employees, it is common to encounter an agreement stating that the law of another state governs the non-compete. Since non-competes in California are generally…more

Choice-of-Law, Employer Liability Issues, Hiring & Firing, Non-Compete Agreements, Public Policy

See All Updates »

SEC Proposes Pay-Versus-Performance Disclosure Rules

The Securities and Exchange Commission (SEC) recently issued its long-awaited proposal for "pay-versus-performance" disclosure. The proposed rules would implement the requirements of Section 953(a) of the Dodd-Frank Wall Street…more

Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay-for-Performance, Proposed Legislation

See All Updates »

Eye on Privacy Newsletter - February 2015

In this issue: - Privacy and Data Security in Transactions: What's the Deal? - Consumer and Financial Institution Class Actions Survive Motions to Dismiss in Target Data Breach Litigation - California Amends…more

Breach Notification Rule, CFPB, COPPA, Cybersecurity, Data Breach

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 »

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

See All Updates »

Delaware Supreme Court Clarifies Application of Exculpatory Charter Provisions to Motions to Dismiss Independent Directors

On May 14, 2015, the Delaware Supreme Court issued its decision in In re Cornerstone Therapeutics Inc., S'holder Litig., clarifying that damages claims against independent directors can be dismissed where: (1) an applicable…more

DE Supreme Court, Exculpatory Clauses, Independent Boards, Shareholder Litigation, Shareholders

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Diversity Newsletter - 2015

Tamika Montgomery-Reeves Strives to Learn and to Lead - A partner in Wilson Sonsini Goodrich & Rosati’s Wilmington, Delaware, office, Tamika Montgomery-Reeves gave birth to her first child, Jackson, this past May. On…more

Diversity, Law Firm Associates, Law Firm Partners

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Renewable Structures: Choices and Challenges

Since the first wind deal utilizing a partnership in 2003 (also known as a “partnership flip,” a “pre-tax after-tax partnership,” or a “wind safe harbor partnership structure”), there has been a constant evolution of structures…more

Energy Sector, Financing, Master Limited Partnerships, Private Equity, Public Financing

See All Updates »

Implications of the U.S. Supreme Court Omnicare Decision

On March 24, 2015, the U.S. Supreme Court issued its decision in Omnicare, Inc., et al. v. Laborers District Council Construction Industry Pension Fund, et al., addressing when an issuer may be held liable for material…more

Issuers, Material Misstatements, Omnicare v Laborers District Council, Pharmaceutical Manufacturers, PSLRA

See All Updates »

California Investor-Owned Utilities Launch 2014 Energy Storage RFOs

On December 1, 2014, California's three large investor-owned utilities (IOUs)—Pacific Gas & Electric Company (PG&E), Southern California Edison Company (SCE), and San Diego Gas & Electric Company (SDG&E)—issued Requests for…more

Energy Sector, Grid Energy Storage, Investor-Owned Utilities, PG&E, Request for Offers

See All Updates »

FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

ANDA, FDA, Generic Drugs, Healthcare, Orange Book

See All Updates »

The Life Sciences Report - Spring 2015

In This Issue: - The Rise of Companion Diagnostics in Personalized Medicine: Challenges and Opportunities - Department of Justice Imposes More Than $110 Million in Fines on Medical Device Makers - Life…more

Diagnostic Tests, DOJ, Emerging Growth Companies, Enforcement Actions, Equity Financing

See All Updates »

Federal Trade Commission Announces Revisions to Hart-Scott-Rodino Thresholds

As it does every year at this time, the Federal Trade Commission (FTC) has issued revised Hart-Scott-Rodino Act (HSR) jurisdictional thresholds for the upcoming year. The FTC is required by law to revise the filing thresholds…more

Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, Threshhold Requirements

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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 »

Implications of the U.S. Supreme Court Omnicare Decision

On March 24, 2015, the U.S. Supreme Court issued its decision in Omnicare, Inc., et al. v. Laborers District Council Construction Industry Pension Fund, et al., addressing when an issuer may be held liable for material…more

Issuers, Material Misstatements, Omnicare v Laborers District Council, Pharmaceutical Manufacturers, PSLRA

See All Updates »

Federal Circuit Amgen Case Clarifies Important Aspects of the Biologics Price Competition and Innovation Act

On July 21, 2015, the U.S. Court of Appeals for the Federal Circuit issued its holding in Amgen Inc. v. Sandoz Inc., 2015-1499 (Fed. Cir. 2015). The Federal Circuit's decision is the latest development in the long-running battle…more

Appeals, Biosimilars, BPCIA, Commercial Marketing, Counterclaims

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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

See All Updates »

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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California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus…more

Business Development, Corporate Counsel, DOL, Employee Rights, Hiring & Firing

See All Updates »

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

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 »

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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USPTO Announces Second Round of AIA Rule Changes

On August 19, 2015, the U.S. Patent and Trademark Office (USPTO) announced another set of proposed changes to the rules governing Patent Trial and Appeal Board (PTAB) trial proceedings under the America Invents Act (AIA)…more

Amended Complaints, America Invents Act, Claim Construction, Covered Business Method Proceedings, Inter Partes Review Proceedings

See All Updates »

Federal Trade Commission Announces First "Start with Security" Events

On June 30, 2015, the Federal Trade Commission (FTC) announced the first two events of its new "Start with Security" business education initiative to provide additional guidance on data security best practices. The first event,…more

Best Practices, Cybersecurity, Data Protection, FTC, Technical Conference

See All Updates »

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

See All Updates »

California Investor-Owned Utilities Launch 2014 Energy Storage RFOs

On December 1, 2014, California's three large investor-owned utilities (IOUs)—Pacific Gas & Electric Company (PG&E), Southern California Edison Company (SCE), and San Diego Gas & Electric Company (SDG&E)—issued Requests for…more

Energy Sector, Grid Energy Storage, Investor-Owned Utilities, PG&E, Request for Offers

See All Updates »

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

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 »

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

See All Updates »

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

See All Updates »

California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus…more

Business Development, Corporate Counsel, DOL, Employee Rights, Hiring & Firing

See All Updates »

USPTO Announces Second Round of AIA Rule Changes

On August 19, 2015, the U.S. Patent and Trademark Office (USPTO) announced another set of proposed changes to the rules governing Patent Trial and Appeal Board (PTAB) trial proceedings under the America Invents Act (AIA)…more

Amended Complaints, America Invents Act, Claim Construction, Covered Business Method Proceedings, Inter Partes Review Proceedings

See All Updates »

European Commission Antitrust Inquiry Set to Create Level Playing Field in E-Commerce

On May 6, 2015, European Commissioner for Competition Margrethe Vestager announced that the European Commission (EC) competition directorate plans to conduct an 18-month "sector inquiry" into e-commerce. The inquiry will focus…more

Antitrust Investigations, E-Commerce, EU, European Commission

See All Updates »

Department of Justice's Antitrust Division Brings First E-Commerce Prosecution

Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has entered…more

Algorithms, Amazon, Antitrust Litigation, DOJ, E-Commerce

See All Updates »

The Life Sciences Report - Spring 2015

In This Issue: - The Rise of Companion Diagnostics in Personalized Medicine: Challenges and Opportunities - Department of Justice Imposes More Than $110 Million in Fines on Medical Device Makers - Life…more

Diagnostic Tests, DOJ, Emerging Growth Companies, Enforcement Actions, Equity Financing

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

See All Updates »

Federal Trade Commission Announces First "Start with Security" Events

On June 30, 2015, the Federal Trade Commission (FTC) announced the first two events of its new "Start with Security" business education initiative to provide additional guidance on data security best practices. The first event,…more

Best Practices, Cybersecurity, Data Protection, FTC, Technical Conference

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 Life Sciences Report - Spring 2015

In This Issue: - The Rise of Companion Diagnostics in Personalized Medicine: Challenges and Opportunities - Department of Justice Imposes More Than $110 Million in Fines on Medical Device Makers - Life…more

Diagnostic Tests, DOJ, Emerging Growth Companies, Enforcement Actions, Equity Financing

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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The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

See All Updates »

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 »

SEC Adopts Pay Ratio Disclosure Rules

August 20, 2015 On August 5, 2015, the Securities and Exchange Commission (SEC) adopted the final pay ratio disclosure rules to implement Section 953(b) of the Dodd-Frank Act. These rules, which will require proxy disclosure in…more

CEOs, Data Privacy, Disclosure Requirements, Executive Compensation, Issuers

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 - February 2015

In this issue: - Privacy and Data Security in Transactions: What's the Deal? - Consumer and Financial Institution Class Actions Survive Motions to Dismiss in Target Data Breach Litigation - California Amends…more

Breach Notification Rule, CFPB, COPPA, Cybersecurity, Data Breach

See All Updates »

Proposed Rule to Subject Certain Cybersecurity Items to Greater Export Restrictions

The U.S. Department of Commerce Bureau of Industry and Security (BIS) recently published a proposed rule enhancing controls on certain cybersecurity items under the Export Administration Regulations (EAR). Specifically, the…more

BIS, Comment Period, Cybersecurity, EAR, Encryption

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

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Eye on Privacy Newsletter - February 2015

In this issue: - Privacy and Data Security in Transactions: What's the Deal? - Consumer and Financial Institution Class Actions Survive Motions to Dismiss in Target Data Breach Litigation - California Amends…more

Breach Notification Rule, CFPB, COPPA, Cybersecurity, Data Breach

See All Updates »

Second Circuit Affirms District Court Ruling Against Apple in E-Books Price-Fixing Suit, Creating Potential Circuit Split

On June 30, 2015, in a 2-to-1 ruling, the Second Circuit affirmed the district court's judgment in United States v. Apple, Inc. that Apple and five of the largest book publishers in the U.S. entered into a per se illegal…more

Amazon, Apple, Barnes and Noble, Corporate Counsel, DOJ

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FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

ANDA, FDA, Generic Drugs, Healthcare, Orange Book

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Proposed 2015 Amendments to the Delaware General Corporation Law

The Delaware Corporation Law Council—composed of members of the Delaware bar charged with proposing annual amendments to the Delaware General Corporation Law (DGCL)—has proposed several potentially significant amendments to the…more

Bylaws, Corporate Charters, Fee-Shifting, Forum Selection Clause

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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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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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Department of Justice's Antitrust Division Brings First E-Commerce Prosecution

Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has entered…more

Algorithms, Amazon, Antitrust Litigation, DOJ, E-Commerce

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Delaware Supreme Court Clarifies Application of Exculpatory Charter Provisions to Motions to Dismiss Independent Directors

On May 14, 2015, the Delaware Supreme Court issued its decision in In re Cornerstone Therapeutics Inc., S'holder Litig., clarifying that damages claims against independent directors can be dismissed where: (1) an applicable…more

DE Supreme Court, Exculpatory Clauses, Independent Boards, Shareholder Litigation, Shareholders

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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

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The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

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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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SEC Proposes Pay-Versus-Performance Disclosure Rules

The Securities and Exchange Commission (SEC) recently issued its long-awaited proposal for "pay-versus-performance" disclosure. The proposed rules would implement the requirements of Section 953(a) of the Dodd-Frank Wall Street…more

Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay-for-Performance, Proposed Legislation

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California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus…more

Business Development, Corporate Counsel, DOL, Employee Rights, Hiring & Firing

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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

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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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China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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FCC Chairman Circulates Proposed Rulings on "Autodialer," "Recycled Numbers," and Other TCPA Issues

On May 27, 2015, Federal Communications Commission (FCC) Chairman Tom Wheeler announced in a posting on the official FCC blog that he has circulated a proposal to his fellow commissioners that will address numerous issues under…more

ATDS, Corporate Counsel, Data Collection, FCC, Robocalling

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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

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California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus…more

Business Development, Corporate Counsel, DOL, Employee Rights, Hiring & Firing

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SEC Adopts Pay Ratio Disclosure Rules

August 20, 2015 On August 5, 2015, the Securities and Exchange Commission (SEC) adopted the final pay ratio disclosure rules to implement Section 953(b) of the Dodd-Frank Act. These rules, which will require proxy disclosure in…more

CEOs, Data Privacy, Disclosure Requirements, Executive Compensation, Issuers

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SEC Adopts Pay Ratio Disclosure Rules

August 20, 2015 On August 5, 2015, the Securities and Exchange Commission (SEC) adopted the final pay ratio disclosure rules to implement Section 953(b) of the Dodd-Frank Act. These rules, which will require proxy disclosure in…more

CEOs, Data Privacy, Disclosure Requirements, Executive Compensation, Issuers

See All Updates »

USPTO Announces Second Round of AIA Rule Changes

On August 19, 2015, the U.S. Patent and Trademark Office (USPTO) announced another set of proposed changes to the rules governing Patent Trial and Appeal Board (PTAB) trial proceedings under the America Invents Act (AIA)…more

Amended Complaints, America Invents Act, Claim Construction, Covered Business Method Proceedings, Inter Partes Review Proceedings

See All Updates »

California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus…more

Business Development, Corporate Counsel, DOL, Employee Rights, Hiring & Firing

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SEC Proposes Rule Requiring Disclosure of Hedging Policies for Directors, Officers, and Other Employees

On February 9, 2015, the U.S. Securities and Exchange Commission (SEC) issued a proposed rule related to the disclosure of hedging policies applicable to board members, officers, and other employees. The proposed rule would…more

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SEC Issues Proposed Clawback Rules

On July 1, 2015, the Securities and Exchange Commission (SEC) issued proposed rules that would require publicly listed companies to recover (or "clawback") excess incentive-based compensation from current and former executives…more

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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 »

Department of Justice's Antitrust Division Brings First E-Commerce Prosecution

Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has entered…more

Algorithms, Amazon, Antitrust Litigation, DOJ, E-Commerce

See All Updates »

Southern California Edison Launches RFO for Distributed Generation in Orange County

On November 20, 2014, Southern California Edison (SCE) launched its Renewable Distributed Generation Preferred Resources Pilot (PRP RFO) for Eligible Renewable Resources (ERRs) in central Orange County. The PRP RFO will be used…more

Electric Generation Suppliers, Private Utility, Renewable Energy, Southern California Edison

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The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

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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 Amgen Case Clarifies Important Aspects of the Biologics Price Competition and Innovation Act

On July 21, 2015, the U.S. Court of Appeals for the Federal Circuit issued its holding in Amgen Inc. v. Sandoz Inc., 2015-1499 (Fed. Cir. 2015). The Federal Circuit's decision is the latest development in the long-running battle…more

Appeals, Biosimilars, BPCIA, Commercial Marketing, Counterclaims

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Cartels - U.S. Chapter

The United States remains a leader in cartel enforcement, in part given its long tradition of prosecuting cartel conduct both criminally and civilly. Indeed, “the United States remains the only jurisdiction that has extensive…more

Antitrust Division, Cartels, DOJ, Enforcement

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FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

ANDA, FDA, Generic Drugs, Healthcare, Orange Book

See All Updates »

USPTO Announces Second Round of AIA Rule Changes

On August 19, 2015, the U.S. Patent and Trademark Office (USPTO) announced another set of proposed changes to the rules governing Patent Trial and Appeal Board (PTAB) trial proceedings under the America Invents Act (AIA)…more

Amended Complaints, America Invents Act, Claim Construction, Covered Business Method Proceedings, Inter Partes Review Proceedings

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 »

Rejection of Gilead Patent Raises Issues for Companies Seeking Pharmaceutical Patent Protection in China

Chinese patent prosecution recently made worldwide headlines when the press announced that the Chinese Patent Office (SIPO) rejected a Gilead Sovaldi prodrug patent. Sovaldi (sofosbuvir) is a breakthrough drug used to treat…more

China, Gilead Sciences, Patent Prosecution, Patents, Pharmaceutical

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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 »

Rejection of Gilead Patent Raises Issues for Companies Seeking Pharmaceutical Patent Protection in China

Chinese patent prosecution recently made worldwide headlines when the press announced that the Chinese Patent Office (SIPO) rejected a Gilead Sovaldi prodrug patent. Sovaldi (sofosbuvir) is a breakthrough drug used to treat…more

China, Gilead Sciences, Patent Prosecution, Patents, Pharmaceutical

See All Updates »

Rejection of Gilead Patent Raises Issues for Companies Seeking Pharmaceutical Patent Protection in China

Chinese patent prosecution recently made worldwide headlines when the press announced that the Chinese Patent Office (SIPO) rejected a Gilead Sovaldi prodrug patent. Sovaldi (sofosbuvir) is a breakthrough drug used to treat…more

China, Gilead Sciences, Patent Prosecution, Patents, Pharmaceutical

See All Updates »

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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

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Contact

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

  • 650-493-9300
  • 650-493-6811

Areas of Practice
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