Fenwick & West LLP

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Silicon Valley Center
801 California Street
Mountain View, CA 94041, United States
Phone: 650-988-8500
Fax: 650-938-5200
Practice Groups
Areas of Practice
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Energy & Utilities
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
See more
Locations
Other U.S. Locations
  • California
  • Washington
Other Countries
  • China
Number of Attorneys
100+ Attorneys

Important May 31 Deadline for U.S. Business Enterprises with Foreign Direct Investment

The U.S. Bureau of Economic Analysis (BEA) conducts the BE-12 benchmark survey of foreign direct investment in the United States every five years…more
 /  Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Our Attention is Now Directed To: “Directed To”

My last post focused on definitions for the terms “well-understood,” “routine,” and “conventional”—or W-URC—from the subject matter eligibility test set forth in Mayo and further described in Alice. Those terms relate to one…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

In-Game Currency Triggers State Gambling Laws, Rendering Mobile Game “Illegal Gambling”

The U.S. Court of Appeals for the Ninth Circuit concluded on March 28 that virtual currency used in mobile games can qualify as a “thing of value” for the purpose of state gambling laws — a conclusion that, until now, has been…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law

IRS Notice 2018-26: Important New Guidance on the Mandatory Repatriation Tax

This document discusses Notice 2018-26, the third IRS Notice providing guidance on the new mandatory repatriation tax under § 965. Most importantly, the Notice sets forth extensive anti-avoidance rules in respect of…more
 /  Taxation

How Well-Understood is the Meaning of “Well-Understood”?

The Federal Circuit has now had enough opportunity to address Mayo’s “well-understood, routine, conventional” test that we should have a good understanding of it. We don’t (or at least I don’t). …more
 /  Intellectual Property

Intellectual Property Bulletin - Spring 2018

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in…more
 /  Intellectual Property

DC Circuit Offers Companies Measure of Relief from FCC’s 2015 Omnibus TCPA Ruling

The D.C. Circuit has handed down its long-anticipated ruling in ACA International v. Federal Communications Commission, and in doing so invalidated key aspects of the U.S. Federal Communications Commission’s 2015 Omnibus Ruling…more
 /  Communications & Media Law, Consumer Protection, Privacy

Leveraging the .app gTLD for Your Mobile Needs

The .app generic top-level domain (gTLD) launches March 29, 2018, and brand owners will have a little more than a month to register domains in the Sunrise Period. After May 1, 2018, registration of .app domains opens to the…more
 /  Communications & Media Law, Intellectual Property

Supreme Court Rules That Securities Act Class Actions May Proceed in State Court

The U.S. Supreme Court has ruled that class action plaintiffs can bring claims under the Securities Act of 1933 in either state or federal court…more
 /  Business Torts, Civil Procedure, Securities Law

SEC Fines Private Company in First Enforcement Action Resulting from Rule 701 Option Grants Investigation

The U.S. Securities and Exchange Commission brought an action against San Francisco-based Credit Karma on March 12 for issuing employee stock options without a valid registration exemption because the issuer failed to satisfy…more
 /  Commercial Law & Contracts, Securities Law

Good Vibrations, Bad Vibrations: American Axle v. Neapco Ruling

In reading post-Mayo/Alice decisions, some seem more comfortable than others. I’ve been having a tough time getting my head and heart around a recent decision from Judge Leonard Stark of the District of Delaware. The case is…more
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property

Appellate Court Joins Growing Chorus Finding That Procedural FACTA Violations on Their Own Are Insufficient for Standing

In keeping with its recent decision in Bassett v. ABM Parking Services, the U.S. Court of Appeals for the Ninth Circuit held in Noble v. Nevada Checker Cab (March 9, 2018) that alleged procedural violations of the Fair and…more
 /  Civil Procedure, Constitutional Law, Finance & Banking, Consumer Protection

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing…more
 /  Civil Procedure, Communications & Media Law, Constitutional Law, Privacy, Science, Computers, & Technology

Thawing in the 3600s? An Updated Look at Allowance Rates Post Alice

In my own prosecution practice I’ve noted a recent uptick in the allowance rate of many examiners in the 36XX art units, with several examiners that had hitherto never allowed a single case allowing multiple cases during…more
 /  Intellectual Property

SEC Releases Updated Cybersecurity Guidance

The U.S. Securities and Exchange Commission on Feb. 21, 2018, issued interpretive guidance on public company cybersecurity disclosures. The new guidance will affect public companies and companies seeking to go public in…more
 /  Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law
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