Wilson Sonsini Goodrich & Rosati

Supreme Court Provides Guidance on Discretionary Fee-Shifting in Copyright Cases

On June 16, 2016, the U.S. Supreme Court clarified how courts should exercise their discretion to award attorneys' fees to the prevailing party in copyright cases. The Court unanimously held that courts should give "substantial…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Intellectual Property

Second Circuit Extends DMCA Safe-Harbor Protection to Pre-1972 Sound Recordings, Clarifies Scope of Exceptions for Willful Blindness and Red Flag Knowledge

On June 16, 2016, the U.S. Court of Appeals for the Second Circuit issued its long-awaited decision in Capitol Records, LLC v. Vimeo, LLC, No. 14-1048 (2d Cir. 2016). First, the Second Circuit held that the "safe harbor"…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

U.S. Supreme Court Decides Cuozzo v. Lee: Upholds General Bar Against Appealing PTAB's Institution Decisions and Affirms Use of "Broadest Reasonable Interpretation" Standard for Claim Construction

On June 20, 2016, the United States Supreme Court affirmed the decision of the Court of Appeals for the Federal Circuit in Cuozzo Speed Technologies v. Lee. The Supreme Court granted certiorari to consider two questions. First,…more
| Business Torts, Civil Procedure, Civil Remedies, Intellectual Property

Tennessee Updates Data Breach Notification Law

The State of Tennessee recently amended its data breach notification statute, Tenn. Code Ann. § 47-18-2107, which is set to go into effect on July 1, 2016. Numerous commentators have proclaimed that the amendment marks a…more
| Commercial Law & Contracts, Labor & Employment Law, Privacy, Science, Computers, & Technology

Monitoring and Recording Consumers’ Calls in California Can Be a Risky Practice

Many businesses monitor or record customer service, telemarketing, and other telephone calls with consumers to help them improve customer service and for evidentiary reasons. Under federal and many state laws, calls may lawfully…more
| Communications & Media Law, Consumer Protection, Finance & Banking, Privacy

CFPB Brings First Data Security Enforcement Action

The Consumer Financial Protection Bureau (CFPB) recently brought its first data security enforcement action, adding itself to the growing list of federal regulators tackling data security issues. The CFPB’s enforcement action…more
| Antitrust & Trade Regulation, Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

The Life Sciences Report - Summer 2016

The Future of Innovation in Medtech: An Industry in Search of Growth While Facing Pressures to Consolidate in a Post-ACA World - In the Affordable Care Act (ACA) era, the healthcare industry has witnessed significant…more
| Business Organizations, Finance & Banking, Health, Mergers & Acquisitions, Science, Computers, & Technology

HHS Issues HIPAA Guidance for Mobile Health Apps

The U.S. Department of Health and Human Services (HHS) recently issued guidance to help mobile application developers analyze whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) may apply to them. Not…more
| Privacy, Health, Science, Computers, & Technology

U.S. Supreme Court Eases Standard for Enhanced Damages in Patent Cases

On June 13, 2016, the Supreme Court of the United States set forth a new standard for awarding enhanced damages in patent infringement cases by striking down the Federal Circuit’s en banc Seagate framework as an “artificial…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

The PTAB Review - June 2016

Post-Grant Review Proceeding Filings Ramp Up In addition to inter partes review (IPR) and covered business method (CBM) review proceedings, the America Invents Act (AIA) provides for post-grant review (PGR) proceedings. PGR…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

New Energy Opportunities in CAISO: Aggregation of Behind-the-Meter Resources and Participation in Wholesale Energy Markets

Six months ago, the U.S. Supreme Court issued its decision in EnerNoc v. Electric Power Supply Association, 577 U.S. ___ (2016), holding that the Federal Power Act (FPA) provides the Federal Energy Regulatory Commission (FERC)…more
| Energy & Utilities

SEC Sanctions Private Fund Adviser for Acting as an Unregistered Broker

Investment advisers to private funds should be aware that their activities with respect to acquiring and disposing of interests in portfolio companies on behalf of the funds they manage could raise the suspicions of the…more
| Business Organizations, Finance & Banking, Securities Law

Uncertainty Increases Around EU-U.S. Data Flows

Two recent developments have significantly increased the already uncertain legal landscape surrounding transatlantic data flows. Earlier today, the EU Parliament voted out a resolution calling on the European Commission (EU…more
| Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

SEC Updates Guidance on the Use of Non-GAAP Financial Measures

Last week, the Securities and Exchange Commission (SEC) released several new and revised Compliance and Disclosure Interpretations (C&DIs) related to the use of non-GAAP financial measures under Regulation G and Item 10(e) of…more
| Business Organizations, Securities Law

Newly Enacted Defend Trade Secrets Act Requires Employers to Revise Agreements Now to Preserve Maximum Remedies

On May 11, 2016, we reported in a WSGR Alert that under the new Defend Trade Secrets Act (DTSA), employers seeking exemplary damages or attorneys' fees in a trade secrets misappropriation action must provide employees with…more
| Civil Procedure, Civil Remedies, Labor & Employment Law
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Contact

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

  • 650-493-9300
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400+ Attorneys

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