Wilson Sonsini Goodrich & Rosati

Mobile Privacy Rules to Be Enforced Starting September 1, 2015

All businesses acting in the mobile ecosystem—including app developers, analytics companies, advertising networks, app platform providers, and providers of devices and related services—should be aware that the Digital…more
| Administrative Law, Commercial Law & Contracts, Communications & Media Law, Privacy, Science, Computers, & Technology

Federal Circuit Finds No Direct Infringement Where Limelight's Customer—and Not Limelight—Performs Required Step of Method Claim

On May 13, 2015, a divided Federal Circuit held that Limelight did not infringe Akamai's asserted method claim because Limelight did not perform all steps of the asserted method claims, and because there was no foundation on…more
| Civil Procedure, Business Torts, Intellectual Property, Science, Computers, & Technology

Delaware Supreme Court Clarifies Application of Exculpatory Charter Provisions to Motions to Dismiss Independent Directors

On May 14, 2015, the Delaware Supreme Court issued its decision in In re Cornerstone Therapeutics Inc., S'holder Litig., clarifying that damages claims against independent directors can be dismissed where: (1) an applicable…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts

SEC Proposes Pay-Versus-Performance Disclosure Rules

The Securities and Exchange Commission (SEC) recently issued its long-awaited proposal for "pay-versus-performance" disclosure. The proposed rules would implement the requirements of Section 953(a) of the Dodd-Frank Wall Street…more
| Administrative Law, Business Organizations, Labor & Employment Law, Finance & Banking, Securities Law

European Commission Antitrust Inquiry Set to Create Level Playing Field in E-Commerce

On May 6, 2015, European Commissioner for Competition Margrethe Vestager announced that the European Commission (EC) competition directorate plans to conduct an 18-month "sector inquiry" into e-commerce. The inquiry will focus…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, International Law & Trade, Science, Computers, & Technology

The Entrepreneurs Report - Q1 2015

In This Issue: - From the WSGR Database: Financing Trends for Q1 2015 - Price and Preference: Part 2 - Haves and Have Nots in Venture Financings - Excerpt from Price and Preference: Part…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

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
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