Wilson Sonsini Goodrich & Rosati

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

  • 650-493-9300
  • 650-493-6811

Eye on Privacy Newsletter - 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
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

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
| Commercial Law & Contracts, Finance & Banking, Securities Law

Citizen Petitions Aimed at Delaying Generic Competition Remain a Concern

Despite Congress enacting legislation in 2007 to curb misuse, citizen petitions submitted by pharmaceutical companies to the Food and Drug Administration (FDA) may still provide a mechanism for competitors to delay the…more
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Science, Computers, & Technology

New State Laws Enacted to Address Marketing Calls and Texts to Cellular Numbers

People want relevant information at their fingertips. This commonly means obtaining information through mobile devices by several methods, including telephone calls, text messages, in-app messages, and push notifications…more
| Communications & Media Law, Consumer Protection

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 & Trade Regulation, Criminal Law, Consumer Protection, International Law & Trade

Federal Circuit Decides Appeal from First Final PTAB Decision in Inter Partes Review

On February 4, 2015, the Federal Circuit issued its first opinion in an appeal from a final written decision of the Patent Trial and Appeal Board (PTAB) in a proceeding under the America Invents Act (AIA). In In re Cuozzo Speed…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
| Commercial Law & Contracts, Labor & Employment Law

FTC Recommends Privacy and Data Security Protections for "Internet of Things"

On January 27, 2015, the Federal Trade Commission (FTC) released a staff report, "The Internet of Things: Privacy and Security in a Connected World," setting out the staff's privacy and data security recommendations applicable…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

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
| Finance & Banking, International Law & Trade, Securities Law

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
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

U.S. Relaxes the Half-Century-Old Embargo on Cuba

As promised by President Obama in December 2014, the Commerce Department's Bureau of Industry and Security (BIS) and the Treasury Department's Office of Foreign Assets Control (OFAC) today issued regulations that lessen the U.S…more
| Communications & Media Law, Elections & Politics, Finance & Banking, International Law & Trade, Science, Computers, & Technology

Highlights and Commentary from the FDA's Public Workshop on Proposed Framework for Regulatory Oversight of Laboratory Developed Tests

On January 8-9, 2015, the U.S. Food and Drug Administration (FDA) hosted a workshop to solicit public feedback on its proposed Framework for Regulatory Oversight of Laboratory Developed Tests (LDTs). As background, the FDA…more
| Commercial Law & Contracts, Science, Computers, & Technology

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
| Commercial Law & Contracts, Mergers & Acquisitions

Tax Extenders Signed into Law; Production Tax Credit Extended for Facilities Beginning Construction in 2014

Earlier today, President Obama signed the Tax Increase Prevention Act of 2014 (H.R. 5771) into law, following its passage through Congress on Tuesday. Among other things, the act will provide a one-year retroactive extension of…more
| Commercial Law & Contracts, Construction Law, Energy & Utilities, Real Estate - Residential, Taxation

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