Wilson Sonsini Goodrich & Rosati

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
| Administrative Law, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Bipartisan Senate Bill Would Introduce Largest Increase in FDA Oversight of Personal Care Products—Including Cosmetics—in over 70 Years

Personal care products, which include cosmetics, are a large, profitable, growth industry. In the United States, cosmetics are regulated by the U.S. Food and Drug Administration (FDA) under the Federal Food, Drug & Cosmetic Act…more
| Administrative Law, Environmental Law, Consumer Protection, Products Liability, Science, Computers, & Technology

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
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

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
| Antitrust & Trade Regulation, Communications & Media Law, Finance & Banking, Consumer Protection, Science, Computers, & Technology

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
| Business Organizations, Commercial Law & Contracts, Energy & Utilities, Finance & Banking, Taxation

IRS Releases Amended Section 162(m) Regulations Clarifying How to Preserve the Deductibility of Certain Compensation for Public Companies

The Internal Revenue Service recently amended the regulations under Internal Revenue Code Section 162(m). Section 162(m) applies to publicly held companies and generally limits the tax deduction that a public company is allowed…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Securities Law, Taxation

Department of Justice Imposes More Than $110 Million in Fines on Medical Device Makers

On March 19, 2015, the U.S. Department of Justice and the U.S. Department of Health and Human Services issued their joint annual report on health care fraud and abuse control. The annual report states that during fiscal year…more
| Administrative Law, Health, Science, Computers, & Technology, Government Contracting

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
| Civil Procedure, Constitutional Law, Intellectual Property

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
| Antitrust & Trade Regulation, Criminal Law, Consumer Protection, Health, Science, Computers, & Technology

Restrictions Eased for Communications-Related Items Exported to Sudan

On February 18, 2015, in a coordinated action, the Commerce Department's Bureau of Industry and Security (BIS) and Treasury Department's Office of Foreign Assets Control (OFAC) announced and implemented changes to the…more
| Administrative Law, Communications & Media Law, Finance & Banking, International Law & Trade, Science, Computers, & Technology

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Reporting Requirements for U.S. Companies Regarding Direct Investment

Foreign investments into the United States and U.S. direct investment abroad can trigger certain mandatory regulatory reporting for U.S. businesses. The U.S. Department of Commerce's Bureau of Economic Analysis (BEA) issues four…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

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
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions

New FDA Guidance Opens the Door for Electronic Consent Forms That Come with Significant Advantages and Raise Privacy and Secure Data Storage Regulatory Compliance Concerns

On March 9, 2015, the U.S. Food and Drug Administration (FDA) published a draft guidance that allows for the use of electronic informed consent (eIC) in human clinical trials. eICs have the potential to..…more
| Administrative Law, Commercial Law & Contracts, Privacy, Health, Science, Computers, & Technology

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 Law, Energy & Utilities, Zoning, Planning & Land Use, Taxation
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Contact

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

  • 650-493-9300
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Areas of Practice
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400+ Attorneys

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