Wilson Sonsini Goodrich & Rosati

Government Prevails in Significant Insider Trading Case

On December 6, 2016, the U.S. Supreme Court issued one of its most significant rulings on insider trading in recent years. In its ruling in Salman v. United States, the Supreme Court unanimously upheld Bassam Yacoub Salman’s…more
| Business Organizations, Civil Procedure, Criminal Law, Securities Law

FDA Holds Hearing on Off-Label Communications

After several high-profile defeats in both district and circuit courts involving the off-label promotion of regulated products and the First Amendment, the U.S. Food and Drug Administration (FDA) is now engaged in a…more
| Communications & Media Law, Constitutional Law, Health, Science, Computers, & Technology

Federal Court Blocks Implementation of New DOL Exemption Rules

At the proverbial eleventh hour, a federal court has blocked the implementation of the U.S. Department of Labor's (DOL's) new overtime exemption rules that were scheduled to go into effect on December 1, 2016. As detailed in our…more
| Labor & Employment Law

Changes in Process for Designating Agents for DMCA Safe Harbor Protection

Effective December 1, 2016, companies that wish to benefit from the Digital Millennium Copyright Act's (DMCA's) safe harbors from copyright infringement liability for (i) content stored at the direction of a user (i.e.,…more
| Intellectual Property, Science, Computers, & Technology

Continuation of ZTE General License Until February 27, 2017

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) is again extending the general license for exports, reexports (shipments from one foreign country to another foreign country), and in-country transfers of…more
| Commercial Law & Contracts, International Law & Trade

Despite Uncertainty, New DOL Exemption Rules to Take Effect on December 1, 2016; California Sets New Rates for Computer Software Employees Exemption

Although the U.S. Department of Labor's (DOL's) new overtime rules are scheduled to go into effect on December 1, 2016, the results of the U.S. presidential election and a pending federal court case are causing some uncertainty…more
| Labor & Employment Law, Science, Computers, & Technology

The PTAB Review - November 2016

New Testimonial Evidence with Preliminary Responses: Panacea or Placebo? Just over three years ago, during a keynote speech at the AIPLA annual meeting, the Patent Trial and Appeal Board (PTAB) was criticized as a patent…more
| Intellectual Property, Science, Computers, & Technology

White House Issues Call to Action Urging States to Curb Employers' Use of Non-Compete Agreements

The White House has entered the fray regarding employer use of non-compete agreements. While the Obama administration's recently issued "State Call to Action on Non-Compete Agreements" does not change current law applicable to…more
| Labor & Employment Law

The Entrepreneurs Report - Q3 2016

The third quarter of 2016 featured the reversal of several trends seen earlier in the year, most notably in pre-money valuations, which increased substantially for all rounds. The gain in pre-money valuations also drove a…more
| Business Organizations, Finance & Banking, Securities Law

SEC Proposes Universal Proxies in Proxy Contests

On October 26, 2016, the Securities and Exchange Commission (SEC) released proposed rules that would require the use of “universal” proxies in connection with contested elections of directors. If adopted, these rules would…more
| Business Organizations, Securities Law

FDA Launches Website for Allegations Against Medical Device Manufacturers

The U.S. Food and Drug Administration (FDA) recently launched a website1 that will now make it easier to report allegations of medical device manufacturer misconduct to the agency.2 Misconduct reports were historically submitted…more
| Administrative Law, Health, Products Liability, Science, Computers, & Technology

FCC Orders Far-Reaching New Privacy and Data Security Rules

As expected, the Federal Communications Commission (FCC) has handed down sweeping new privacy and security rules for Internet service providers (ISPs). On Thursday, October 27, 2016, a sharply divided commission voted to enact…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy

DOJ and FTC Put HR Executives on Notice That Anticompetitive Hiring and Compensation Practices May Be Subject to Criminal Prosecution

On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued “Antitrust Guidance for Human Resources (HR) Professionals.” The jointly prepared guidance—directed at HR…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Labor & Employment Law

DOJ Publishes Guidance Concerning Voluntary Disclosure of Willful Export Controls and Sanctions Violations

The National Security Division (NSD) of the U.S. Department of Justice (DOJ) recently issued guidance documenting its policy regarding the voluntary self-disclosure (VSD) of potentially criminal violations of the export controls…more
| Business Organizations, International Law & Trade

U.S. Further Eases Embargo on Cuba

To further implement President Obama's December 2014 policy to support independent economic activity and improve communications and living conditions in Cuba, the U.S. Department of Commerce's Bureau of Industry and Security…more
| Elections & Politics, International Law & Trade
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Contact

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

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