Wilson Sonsini Goodrich & Rosati

IRS Proposes Tax-Free Spin-Off Regulations Interpreting the "Device" and "Active Business" Tests and Addresses Recapitalizations into Control

On July 14, 2016, the U.S. Department of the Treasury issued proposed regulations under Section 355 of the Internal Revenue Code that would establish new guidelines under the so-called "device" and "active business" tests. The…more
| Business Organizations, Securities Law, Taxation

USPTO Implements Post-Prosecution Pilot Program

On July 11, 2016, the United States Patent and Trademark Office (USPTO) published a notice detailing the initiation of the Post-Prosecution Pilot Program (P3). As implemented, the P3 provides an additional path forward for…more
| Intellectual Property

The EU-U.S. Privacy Shield Is Adopted and Available as of August 1, 2016

On July 12, 2016, the EU Commission and the U.S. Secretary of Commerce announced the adoption of the EU-U.S. Privacy Shield (Privacy Shield). This announcement follows today's adequacy decision by the College of EU Commissioners…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

New Proposed Regulations Issued Under Section 409A

The U.S. Treasury Department and Internal Revenue Service (IRS) recently issued new proposed regulations1 (the Proposed Regulations) under Internal Revenue Code Section 409A, which help clarify certain provisions of—and make…more
| Business Organizations, Securities Law, Taxation

The Effects of Brexit on the Unitary Patent and the Unified Patent Court

Voters in the United Kingdom have voted to leave the European Union (EU). The exit of the UK from the EU (the "Brexit") could result in a delay in the implementation of the Unitary Patent (UP) and the Unified Patent Court (UPC)…more
| Civil Procedure, Elections & Politics, Intellectual Property, International Law & Trade

EU Cyber Security and Incident Notification Rules Enacted

On July 6, 2016, the European Parliament adopted the first-ever pan-European law on cyber security. The law, entitled the "Directive on the Security of Network and Information Systems" (NIS Directive), imposes security…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

HHS Brings Landmark HIPAA Enforcement Action Against a Business Associate for Alleged Data Security Failures

On June 29, 2016, the U.S. Department of Health and Human Services (HHS) announced a Resolution Agreement with Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS), settling charges that CHCS failed to comply…more
| Health, Privacy, Science, Computers, & Technology

FTC Increases Maximum Civil Penalties for HSR Act, COPPA, and Other Violations from $16,000 to $40,000

On June 30, 2016, the Federal Trade Commission (FTC) issued an interim final rule that substantially increases the maximum civil penalties for violations of the competition and consumer protection laws enforced by the FTC that…more
| Antitrust & Trade Regulation, Business Organizations, Commercial Law & Contracts, Communications & Media Law, Privacy

Continuation of General License for Exports, Reexports, and Transfers to ZTE

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) is extending until August 30, 2016, the general license for exports, reexports (shipments from one foreign country to another foreign country), and…more
| Communications & Media Law, International Law & Trade

A Brexit Antitrust Primer

The decision by the United Kingdom (UK) to leave the European Union (EU) will have far-reaching consequences for companies doing business in the UK and elsewhere in Europe. Specific details of the UK's withdrawal agreement with…more
| Antitrust & Trade Regulation, Business Organizations, Civil Procedure, Commercial Law & Contracts, International Law & Trade

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
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