Wilson Sonsini Goodrich & Rosati

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650 Page Mill Road
Palo Alto, California 94304-1050, United States
Phone: 650-493-9300
Fax: 650-493-6811
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • D.C.
  • New York
  • Texas
  • Washington
Other Countries
  • China
  • Hong Kong
Number of Attorneys
400+ Attorneys

FTC Settles with Manufacturer of Home Network Routers over Alleged Data Security Flaws

On February 23, 2016, the Federal Trade Commission (FTC) announced a settlement with computer hardware maker ASUSTeK Computer, Inc. (ASUS).1 The ASUS settlement highlights the FTC’s position regarding security in the connected…more

Cloud Computing, Enforcement Actions, FTC, Security and Privacy Controls

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SEC Adopts Pay Ratio Disclosure Rules

August 20, 2015 On August 5, 2015, the Securities and Exchange Commission (SEC) adopted the final pay ratio disclosure rules to implement Section 953(b) of the Dodd-Frank Act. These rules, which will require proxy disclosure in…more

CEOs, Data Privacy, Disclosure Requirements, Executive Compensation, Median Employee

See all updates »

Digital Health Report - Fall 2017

Digital health is the convergence between healthcare, genomics, and digital technologies. It is a fast-growing sector with important implications for individuals and institutions alike. Whether it is hospitals and health systems…more

21st Century Cures Act, Acquisitions, Digital Health, Emerging Growth Companies, Emerging Technology Companies

See all updates »

President Obama Signs Federal Trade Secrets Act into Law

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, amending the Economic Espionage Act to create a new federal civil cause of action for trade secret misappropriation. The new federal…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Private Right of Action

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FDA Issues Final Guidance on "Deciding When to Submit a 510(k) for a Change to an Existing Medical Device"

Recently, the U.S. Food and Drug Administration (FDA) issued final guidance on deciding when to submit a new 510(k) premarket notification application for a change to an existing medical device. The guidance is far reaching and…more

510(k) RTA, FDA, Final Guidance, Medical Devices, Pre-Market Notification

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"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from the…more

Critical Infrastructure Sectors, Cybersecurity, Data Collection, Disclosure Requirements, ECPA

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En Banc Federal Circuit Paves the Way for Easier Claim Amendments in Inter Partes Review Before the PTAB

On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision in Aqua Products, Inc., v. Matal, finding that the petitioner has the burden of proving the unpatentability of claims—even amended…more

Claim Construction, En Banc Review, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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IPO Guide

We have organized this booklet into three major chapters. In Chapter One, we discuss the period leading up to a decision to proceed with an initial public offering, with a focus on the prerequisites to, as well as the costs…more

Capital Formation, Corporate Governance, Emerging Growth Companies, IPO, Registration Statement

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Fourth Update: Dodd-Frank Rules Impact End-Users of Foreign Exchange Derivatives - Key Recent Developments

This March 2014 update is a summary of certain recent developments under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) that impact corporate end-users of over-the-counter foreign exchange (FX)…more

Derivatives, Dodd-Frank, Foreign Exchanges, OTC

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"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from the…more

Critical Infrastructure Sectors, Cybersecurity, Data Collection, Disclosure Requirements, ECPA

See all updates »

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

Amnesty, Cartels, DOJ, Generic Drugs, Government Investigations

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The Entrepreneurs Report Q3 2013

As widely reported, the aggregate dollar volume of venture financings held fairly steady from Q2 2013 to Q3 2013 (see, e.g., Venture Capital Valuation and Trends from PitchBook, Q4 2013). An analysis of transactions in which…more

Entrepreneurs, Funding, Startups, Venture Capital

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The Life Sciences Report - Summer 2017

Factoring in Human Factors - According to a recent British Medical Journal research report, the mean rate of death from medical error in U.S. hospitals is estimated to be over 251,000 people per year. Though many medical…more

Digital Health, FDA, Health Care Providers, Healthcare, Life Sciences

See all updates »

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

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

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Tenure Voting and the U.S. Public Company

In today’s capital markets, the principle of “one share, one vote” is increasingly under scrutiny. The rise of high-vote and no-vote stock has created a popular alternative for companies at the initial public offering (“IPO”)…more

Capital Markets, Corporate Governance, Publicly-Traded Companies, Stock Prices, Voting Rights

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Delaware Court of Chancery Rejects "Lawyer-Driven" Section 220 Demand

On November 13, 2017, the Delaware Court of Chancery issued a short but potentially important opinion in Jack Wilkinson v. A. Schulman, Inc., an action to inspect books and records brought under Section 220 of the Delaware…more

Board of Directors, Books & Records, Breach of Duty, Delaware General Corporation Law, Section 220 Request

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Federal Trade Commission Revises 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

EAR, Export Controls, General Licenses, OFAC, Sudan

See all updates »

Court Limits the Enforceability of "Browsewrap" Terms of Use—Best Practices in Online Contracting

In an important decision regarding the viability of so-called "browsewrap" agreements, the United States Court of Appeals for the Ninth Circuit—which covers California, among other states—recently affirmed a district court's…more

Actual or Constructive Knowledge, Appeals, Arbitration, Barnes and Noble, Browsewrap Agreement

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IRS Issues Guidance on "North-South" Transactions

On May 3, 2017, the IRS released Revenue Ruling 2017-9, which addresses two so-called "north-south" transactions in connection with spin-offs that are intended to be nontaxable under Section 355 of the Internal Revenue Code…more

Corporate Taxes, Internal Revenue Code (IRC), IRS, Revenue Procedures, Spinoffs

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The Continuing Support for Dual-Class Stock by Companies and Investors

The reported demise of dual-class stock appears to be, to paraphrase Mark Twain, "greatly exaggerated." The end of dual-class stock was predicted following the decisions this summer by the major indices, including FTSE Russell…more

Dual Class Share Companies, Institutional Investors, IPO, Share Classes, Technology Sector

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California Public Utilities Commission Adopts Terms of Standard FIT Contract and Revised Tariffs

On May 23, 2013, the California Public Utilities Commission (CPUC or Commission) approved Decision 13-05-034 (Decision), which adopts the terms of a standard contract and revised tariffs for California's renewable Feed-in Tariff…more

CPUC, Feed-in-Tariffs, Modification, Power Purchase Agreements, Public Utilities Commission

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Washington Utilities and Transportation Commission Proposes Innovative Analysis to Support Energy Storage Development and Deployment

On March 6, 2017, the Washington Utilities and Transportation Commission (WUTC) released a Draft Report and Policy Statement on the Treatment of Energy Storage Technologies in Integrated Resource Planning and Resource…more

Energy Storage, OATT, Policy Statement, Utilities Sector

See all updates »

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

Alice Corporation, CLS Bank v Alice Corp, DNA, Mayo v. Prometheus, Myriad

See all updates »

House Committee on Ways and Means Releases Tax Cuts and Jobs Act

On November 2, 2017, the House Committee on Ways and Means, led by Republican Chairman Kevin Brady, released H.R. 1, the "Tax Cuts and Jobs Act." The House Committee is expected to mark up the bill beginning on November 6, with…more

Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), JOBS Act, Legislative Committees

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Federal Circuit Limits Petitioner Appeal Rights from the Patent Trial and Appeal Board for Inter Partes Reviews

On January 9, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision in Phigenix, Inc. v. Immunogen, Inc. dismissing an appeal by a petitioner from the Patent Trial and Appeal Board (PTAB) for lack of…more

Appeals, Dismissals, Inter Partes Review (IPR) Proceeding, Patent Trial and Appeal Board, Pharmaceutical Patents

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IRS Publishes Safe Harbor for Monetizing Certain Tax Credits

Following Historic Boardwalk Hall LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), which rejected a partnership's allocation of rehabilitation tax credits to a purported partner, the Internal Revenue Service (IRS) recently…more

Exempt Organizations, Historical Landmarks, Investors, IRS, Partnerships

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European Court of Justice to Rule on Validity of Standard Contractual Clauses

On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large…more

Binding Corporate Rules, CJEU, EU, EU-US Privacy Shield, International Data Transfers

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Innovations and Opportunities in Energy Efficiency Finance

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy…more

Clean Energy, Energy Efficiency, ESPCs, Innovation, Public Private Partnerships (P3s)

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President Obama Signs Federal Trade Secrets Act into Law

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, amending the Economic Espionage Act to create a new federal civil cause of action for trade secret misappropriation. The new federal…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Private Right of Action

See all updates »

EU-U.S. Privacy Shield Passes First Annual Review

On October 18, 2017, the European Commission (EU Commission) published its report on the first annual review of the EU-U.S. Privacy Shield Framework (Privacy Shield). The EU Commission confirms that the Privacy Shield ensures an…more

Annual Reports, EU, EU-US Privacy Shield, International Data Transfers

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ICOs at the End of 2017: What We Think We Know and What We Don't Know

Initial coin offerings (ICOs), token pre-sales, and similar sales of blockchain-based coins and tokens are quickly becoming an important fundraising option, and an important method of attempting to seed a token-based platform…more

Alternative Trading Systems, Convertible Notes, Corporate Counsel, Initial Coin Offering (ICOs), Regulation A

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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

EU, European Patent Office, Popular, UK, UK Brexit

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ICOs at the End of 2017: What We Think We Know and What We Don't Know

Initial coin offerings (ICOs), token pre-sales, and similar sales of blockchain-based coins and tokens are quickly becoming an important fundraising option, and an important method of attempting to seed a token-based platform…more

Alternative Trading Systems, Convertible Notes, Corporate Counsel, Initial Coin Offering (ICOs), Regulation A

See all updates »

FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

ANDA, FDA, Generic Drugs, Healthcare, Orange Book

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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

Alice Corporation, CLS Bank v Alice Corp, DNA, Mayo v. Prometheus, Myriad

See all updates »

The Life Sciences Report - Winter 2017

Consumer Digital Health: Market Shift Is Leading to New Opportunities - The newest wave of consumer digital health investment focuses on applications encouraging consumers to change health-related behaviors, shifting from…more

Biotechnology, Digital Health, Life Sciences, Medical Devices, Professional Conferences

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Recent Court of Chancery Appraisal Decisions Provide Guidance on Court's Deference to Merger Price as Evidence of Fair Value

Two recent appraisal decisions from the Delaware Court of Chancery provide additional guidance on when the court will defer to the merger price as evidence of fair value. In the first decision, In re Appraisal of PetSmart,1 Vice…more

EBITDA, Fair Market Value, Leveraged Buyout, Mergers, Pet Smart

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Court Ruling Supports Contractual and Statutory Enforcement of Open Source Software Licenses

Despite the prevalence of open source software and its ubiquitous use in the software industry, there has been little litigation in the United States analyzing and interpreting the terms of open source licenses. On April 25,…more

Copyright, Corporate Counsel, General Public Licenses, IP License, Motion to Dismiss

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President Trump Issues Executive Order on Climate Change

On March 28, 2017, President Donald Trump issued an executive order that significantly rolls back climate change policy enacted under the Obama administration and requires review of agency actions that may negatively impact…more

Clean Power Plan, Climate Change, Energy Policy, EPA, Executive Orders

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WSGR Persuades Second Circuit to Overturn $150 Million Judgment Against Chinese Vitamin C Manufacturers

On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in a closely watched dispute over the question of whether foreign companies may be held liable under U.S. antitrust law for price fixing…more

Abstention, Amicus Briefs, Anti-Competitive, Antitrust Litigation, Antitrust Violations

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Report on U.S. Semiconductor Industry Raises Implications for PRC Investments in U.S. Companies

In January 2017, the President's Council of Advisors on Science and Technology (PCAST) issued a report to then President Barack Obama titled "Ensuring Long-Term U.S. Leadership in Semiconductors."1 The report assesses the state…more

Barack Obama, CFIUS, China, Foreign Investment, Information Reports

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Report on U.S. Semiconductor Industry Raises Implications for PRC Investments in U.S. Companies

In January 2017, the President's Council of Advisors on Science and Technology (PCAST) issued a report to then President Barack Obama titled "Ensuring Long-Term U.S. Leadership in Semiconductors."1 The report assesses the state…more

Barack Obama, CFIUS, China, Foreign Investment, Information Reports

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IPO Guide

We have organized this booklet into three major chapters. In Chapter One, we discuss the period leading up to a decision to proceed with an initial public offering, with a focus on the prerequisites to, as well as the costs…more

Capital Formation, Corporate Governance, Emerging Growth Companies, IPO, Registration Statement

See all updates »

Delaware Court of Chancery Finds Financial Advisor Liable for Aiding and Abetting Breaches of Fiduciary Duty

In a much-anticipated, 91-page post-trial opinion issued on March 7, 2014, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery held in In re Rural Metro Corporation Stockholders Litigation that the lead financial…more

Aiding and Abetting, Board of Directors, Breach of Duty, Fiduciary Duty, Professional Liability

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SEC Adopts Pay Ratio Disclosure Rules

August 20, 2015 On August 5, 2015, the Securities and Exchange Commission (SEC) adopted the final pay ratio disclosure rules to implement Section 953(b) of the Dodd-Frank Act. These rules, which will require proxy disclosure in…more

CEOs, Data Privacy, Disclosure Requirements, Executive Compensation, Median Employee

See all updates »

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

Amnesty, Cartels, DOJ, Generic Drugs, Government Investigations

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Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, DOJ, Enforcement Actions

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The Entrepreneurs Report - 1H 2014

In this issue: - From the WSGR Database: Financing Trends for Q2 2014 - Trends in High Pre-money Valuation Financings - Price and Preference - Excerpt from Trends in High Pre-money Valuation…more

Angel Investors, Entrepreneurs, Financing, Funding, Startups

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Federal Trade Commission Revises 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

EAR, Export Controls, General Licenses, OFAC, Sudan

See all updates »

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

Amended Legislation, Encryption, Popular, Safe Harbors, State Data Breach Notification Statutes

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"Eye on Privacy" Newsletter - May 2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data?…more

Big Data, Clapper v. Amnesty International, Class Action, FTC, HIPAA

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FTC v. Actavis: "Reverse Payments"—Not Presumptively Lawful, Not Presumptively Unlawful, But Subject to a Rule-of-Reason Analysis

On June 17, 2013, after years of litigation in the lower courts, the United States Supreme Court issued its long-awaited decision in FTC v. Actavis. The 5-3 decision, however, did not have a clear winner, and the case was…more

Actavis Inc., FTC, FTC v Actavis, Generic Drugs, Pay-For-Delay

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Massachusetts Announces New Solar Energy Incentive Program Proposal and Deadline Extension Procedures for Existing Program

The Massachusetts Department of Energy Resources (DOER) has announced its final proposal for the successor incentive program—named the Solar Massachusetts Renewable Target (SMART)—to the successful Renewable Portfolio Standard…more

Energy Projects, Renewable Energy Incentives, Renewable Portfolio Standards, Request for Proposals, Solar Energy

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SEC Issues Proposed Clawback Rules

On July 1, 2015, the Securities and Exchange Commission (SEC) issued proposed rules that would require publicly listed companies to recover (or "clawback") excess incentive-based compensation from current and former executives…more

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New Department of Justice Enforcement Policy Focuses on Corporations Providing Evidence Against Individuals

On September 9, 2015, the U.S. Department of Justice (DOJ) issued a memorandum to federal prosecutors instructing them to increase their focus on the prosecution of individuals involved in corporate fraud and financial…more

Cooperation, Criminal Prosecution, DOJ, Enforcement Guidance, Government Investigations

See all updates »

Washington Utilities and Transportation Commission Proposes Innovative Analysis to Support Energy Storage Development and Deployment

On March 6, 2017, the Washington Utilities and Transportation Commission (WUTC) released a Draft Report and Policy Statement on the Treatment of Energy Storage Technologies in Integrated Resource Planning and Resource…more

Energy Storage, OATT, Policy Statement, Utilities Sector

See all updates »

"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from the…more

Critical Infrastructure Sectors, Cybersecurity, Data Collection, Disclosure Requirements, ECPA

See all updates »

New York City Employers Soon Will Be Prohibited from Inquiring About or Relying on Job Applicants' Salary Histories

On May 4, 2017, New York City Mayor Bill de Blasio signed into law a bill that makes it an "unlawful discriminatory practice" for New York City employers to inquire about a job applicant's salary history, or to rely upon salary…more

Employer Liability Issues, Employment Discrimination, Hiring & Firing, Job Applicants, Local Ordinance

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Seventh Circuit Decrees That Package Size Alone Is Not Enough for a Robinson-Patman Claim

On August 12, 2016, the U.S. Court of Appeals for the Seventh Circuit issued an opinion in Woodman's Farm Market, Inc. v. The Clorox Co., No. 15-3001 (7th Cir. August 12, 2016), in which it held that a plaintiff cannot state a…more

Bulk Purchasing, Clorox, FTC, Manufacturers, Price Discrimination

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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

Material Misstatements, Omnicare v Laborers District Council, Pharmaceutical Industry, PSLRA, Registration Statement

See all updates »

EU-U.S. Privacy Shield Passes First Annual Review

On October 18, 2017, the European Commission (EU Commission) published its report on the first annual review of the EU-U.S. Privacy Shield Framework (Privacy Shield). The EU Commission confirms that the Privacy Shield ensures an…more

Annual Reports, EU, EU-US Privacy Shield, International Data Transfers

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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

China, Foreign Investment, MOFCOM, Proposed Legislation

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Federal Circuit Allows Judicial Review of PTAB's Determination That Patent Qualifies as "Covered Business Method"

On July 9, 2015, a divided Federal Circuit held in Versata Development Group, Inc. v. SAP America, Inc., No. 14-1194, that it can review Patent Trial and Appeal Board (PTAB) determinations that a patent is a "covered business…more

Covered Business Method Patents, Cuozzo Speed Technologies, Inter Partes Review (IPR) Proceeding, Judicial Review, Jurisdiction

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The WSGR Data Advisor - September 2015

In this issue of The WSGR Data Advisor, we examine the FCC’s recent TCPA declaratory ruling and order addressing issues regarding calling and texting consumers, and discuss the new privacy, data security, and transparency…more

Auto-Dialed Calls, Cyber Attacks, Cybersecurity, Data Breach, Data Protection

See all updates »

"Eye on Privacy" Newsletter - September 2013

In this issue: - Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment - TCPA Update: Recent Decisions and Significant Upcoming Change to…more

CalOPPA, Data Brokers, FCRA, FTC, Mobile Apps

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Federal Trade Commission Brings Complaint Against Firm for Relying on HSR Act "Investment-Only" Exemption

August 31, 2015 On August 24, 2015, the Federal Trade Commission (FTC) announced that it has reached an agreement with Third Point LLC and three affiliated investment funds (collectively "Third Point") to settle allegations that…more

Consent Decrees, FTC, Hart-Scott-Rodino Act, Investment Funds, Investment-Only Exemption

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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 Provisions, Article 50 Treaty of the EU, Cartels, Corporate Counsel, EU

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The Importance of Label Licenses to Life Sciences Companies After Lexmark

On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc., the U.S. Supreme Court held that a domestic or foreign sale of a patented product exhausts all U.S. patent rights in that product. The case was…more

Foreign Sales, Impression Products v Lexmark International, IP License, Life Sciences, Patent Exhaustion

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FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical Industry, Prescription Drugs

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Digital Health Report - Fall 2017

Digital health is the convergence between healthcare, genomics, and digital technologies. It is a fast-growing sector with important implications for individuals and institutions alike. Whether it is hospitals and health systems…more

21st Century Cures Act, Acquisitions, Digital Health, Emerging Growth Companies, Emerging Technology Companies

See all updates »

Diversity Newsletter - 2015

Tamika Montgomery-Reeves Strives to Learn and to Lead - A partner in Wilson Sonsini Goodrich & Rosati’s Wilmington, Delaware, office, Tamika Montgomery-Reeves gave birth to her first child, Jackson, this past May. On…more

Diversity, Law Firm Associates, Law Firm Partners

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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

Entrepreneurs, Equity Financing, Equity Investors, Financing, Investors

See all updates »

The Life Sciences Report - Summer 2017

Factoring in Human Factors - According to a recent British Medical Journal research report, the mean rate of death from medical error in U.S. hospitals is estimated to be over 251,000 people per year. Though many medical…more

Digital Health, FDA, Health Care Providers, Healthcare, Life Sciences

See all updates »

Significant Changes to California Pregnancy Leave Will Take Effect on December 30, 2012

The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that will…more

California Family Rights Act (CFRA), Disability, Discrimination, FEHC, FMLA

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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

Material Misstatements, Omnicare v Laborers District Council, Pharmaceutical Industry, PSLRA, Registration Statement

See all updates »

DOJ Reminds Companies That Expiration of HSR Waiting Period Is Not Always the Antitrust Agencies' Final Say

On September 26, 2017, the Department of Justice (DOJ) filed a complaint in the U.S. District Court for the District of Delaware challenging Parker-Hannifin Corporation's (Parker's) consummated acquisition of CLARCOR, Inc…more

Acquisitions, Corporate Counsel, DOJ, FTC, Hart-Scott-Rodino Act

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Trinity Wall Street v. Wal-Mart Stores, Inc. Provides New (But Limited) Guidance on the Ordinary Business Exception to Rule 14a-8

A tenet of corporate law is that directors—not shareholders—manage a company's business and affairs. Recognizing that proposals adopted through the Rule 14a-8 process could allow shareholders to intrude on matters traditionally…more

Board of Directors, Firearms, Proxy Statements, SEC, Shareholder Proposals

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Department of Defense Issues New Cybersecurity Rules for Defense Agencies That Use Contractors and Cloud Services to Hold Unclassified Defense Information

The U.S. Department of Defense (DOD) recently published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS).1 The interim rule, effective August 26, 2015, focuses on two issues. First, the rule…more

Cloud Computing, Cyber Attacks, Cybersecurity, Data Security, Defense Sector

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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

Entrepreneurs, Equity Financing, Equity Investors, Financing, Investors

See all updates »

New Department of Justice Enforcement Policy Focuses on Corporations Providing Evidence Against Individuals

On September 9, 2015, the U.S. Department of Justice (DOJ) issued a memorandum to federal prosecutors instructing them to increase their focus on the prosecution of individuals involved in corporate fraud and financial…more

Cooperation, Criminal Prosecution, DOJ, Enforcement Guidance, Government Investigations

See all updates »

CFTC Extends Deadline to Comply with Certain Trading Documentation Requirements Under Dodd-Frank for Corporate End-Users of Foreign Exchange Derivatives

In late June 2013, the Commodity and Futures Trading Commission (CFTC) issued a no-action letter extending the period for certain corporate end-users of foreign exchange (FX) derivative transactions to comply with the trading…more

CFTC, Dodd-Frank, FX Swaps, ISDA, Major Swap Participants

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Patent Trial and Appeal Board Issues First Final Written Decision Under America Invents Act Proceeding

On June 11, 2013, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) issued the first final written decision in one of the new proceedings created by the America Invents Act (AIA)…more

America Invents Act, Covered Business Method Patents, Patent Reform, Patent Trial and Appeal Board, Patents

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House Committee on Ways and Means Releases Tax Cuts and Jobs Act

On November 2, 2017, the House Committee on Ways and Means, led by Republican Chairman Kevin Brady, released H.R. 1, the "Tax Cuts and Jobs Act." The House Committee is expected to mark up the bill beginning on November 6, with…more

Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), JOBS Act, Legislative Committees

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The Life Sciences Report - Summer 2017

Factoring in Human Factors - According to a recent British Medical Journal research report, the mean rate of death from medical error in U.S. hospitals is estimated to be over 251,000 people per year. Though many medical…more

Digital Health, FDA, Health Care Providers, Healthcare, Life Sciences

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WSGR Fintech Update - November 2017

Wilson Sonsini Goodrich & Rosati is pleased to present the November 2017 issue of the WSGR Fintech Update. This latest edition features an article discussing CFTC guidance on virtual currencies, as well as an article on a recent…more

CFTC, Initial Coin Offering (ICOs), LabCFTC, Marketing, OCIE

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Sears Petitions FTC to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) is seeking public comment on a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the…more

Consumer Protection Orders, Failure To Disclose, FTC, Modification, Personally Identifiable Information

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Delaware Supreme Court Issues Long-Awaited Decision in Rural/Metro Affirming Liability Against Financial Advisor

On November 30, 2015, the Delaware Supreme Court issued its long-anticipated opinion in the stockholder litigation over the sale of Rural/Metro Corporation (Rural). In a unanimous opinion, the court affirmed the Delaware Court…more

Aiding and Abetting, Breach of Duty, DE Supreme Court, Financial Adviser, Shareholder Litigation

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En Banc Federal Circuit Paves the Way for Easier Claim Amendments in Inter Partes Review Before the PTAB

On October 4, 2017, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision in Aqua Products, Inc., v. Matal, finding that the petitioner has the burden of proving the unpatentability of claims—even amended…more

Claim Construction, En Banc Review, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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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

China, Foreign Investment, MOFCOM, Proposed Legislation

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The Life Sciences Report - Summer 2017

Factoring in Human Factors - According to a recent British Medical Journal research report, the mean rate of death from medical error in U.S. hospitals is estimated to be over 251,000 people per year. Though many medical…more

Digital Health, FDA, Health Care Providers, Healthcare, Life Sciences

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President Trump Issues Executive Order on Climate Change

On March 28, 2017, President Donald Trump issued an executive order that significantly rolls back climate change policy enacted under the Obama administration and requires review of agency actions that may negatively impact…more

Clean Power Plan, Climate Change, Energy Policy, EPA, Executive Orders

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New Massachusetts Pay Equity Act Calls for Employers to Examine Compensation and Hiring Practices

In a step that should immediately spur employers to review their compensation and hiring practices, Massachusetts recently enacted legislation that changes considerably the state's rules prohibiting gender-based pay disparities…more

Employer Mandates, New Regulations, Pay Equity Laws, Wage and Hour

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Court Ruling Supports Contractual and Statutory Enforcement of Open Source Software Licenses

Despite the prevalence of open source software and its ubiquitous use in the software industry, there has been little litigation in the United States analyzing and interpreting the terms of open source licenses. On April 25,…more

Copyright, Corporate Counsel, General Public Licenses, IP License, Motion to Dismiss

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Digital Health Report - Fall 2017

Digital health is the convergence between healthcare, genomics, and digital technologies. It is a fast-growing sector with important implications for individuals and institutions alike. Whether it is hospitals and health systems…more

21st Century Cures Act, Acquisitions, Digital Health, Emerging Growth Companies, Emerging Technology Companies

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Delaware Supreme Court Issues Long-Awaited Decision in Rural/Metro Affirming Liability Against Financial Advisor

On November 30, 2015, the Delaware Supreme Court issued its long-anticipated opinion in the stockholder litigation over the sale of Rural/Metro Corporation (Rural). In a unanimous opinion, the court affirmed the Delaware Court…more

Aiding and Abetting, Breach of Duty, DE Supreme Court, Financial Adviser, Shareholder Litigation

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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

Copyright, Copyright Infringement, Copyright Office, Designated Agent, DMCA

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Department of Energy Renewable Energy and Efficient Energy Projects Loan Guarantee Solicitation Alert

On July 3, 2014, the U.S. Department of Energy (DOE) Loan Programs Office (LPO) issued the final version of its Renewable Energy and Efficient Energy Projects Solicitation. As discussed in our previous WSGR Alert regarding the…more

Department of Energy (DOE), Energy Efficiency, Energy Sector, Renewable Energy

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Delaware Supreme Court Endorses "Fee-Shifting" Bylaw in Certified Question of Law

On May 8, 2014, the Delaware Supreme Court provided an en banc answer to a certified question of law from the U.S. District Court for the District of Delaware captioned ATP Tour, Inc. v. Deutscher Tennis Bund, concluding that…more

Board of Directors, Corporate Governance, Delaware General Corporation Law, Fee-Shifting

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General Court Delivers Early Christmas Gift to the Airline Industry and a Lump of Coal to the European Commission

On December 16, 2015, the General Court (GC) sent a message of unprecedented magnitude in the field of European cartels by annulling a decision from the European Commission (EC) that imposed fines of approximately €790 million…more

Air Cargo, Airlines, Cartels, EU, European Commission

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Federal Circuit Amgen Case Clarifies Important Aspects of the Biologics Price Competition and Innovation Act

On July 21, 2015, the U.S. Court of Appeals for the Federal Circuit issued its holding in Amgen Inc. v. Sandoz Inc., 2015-1499 (Fed. Cir. 2015). The Federal Circuit's decision is the latest development in the long-running battle…more

Appeals, Biosimilars, BPCIA, Commercial Marketing, Counterclaims

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The Life Sciences Report - Summer 2017

Factoring in Human Factors - According to a recent British Medical Journal research report, the mean rate of death from medical error in U.S. hospitals is estimated to be over 251,000 people per year. Though many medical…more

Digital Health, FDA, Health Care Providers, Healthcare, Life Sciences

See all updates »

Digital Health Report - Fall 2017

Digital health is the convergence between healthcare, genomics, and digital technologies. It is a fast-growing sector with important implications for individuals and institutions alike. Whether it is hospitals and health systems…more

21st Century Cures Act, Acquisitions, Digital Health, Emerging Growth Companies, Emerging Technology Companies

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Tips for Negotiating a Third-Party Subpoena in a Merger Investigation

Humana recently lost its effort to limit third-party discovery requests served by the Federal Trade Commission (FTC) in its ongoing Walgreens/Rite Aid investigation. Typically, negotiations over the scope of third-party…more

Antitrust Investigations, CID, Corporate Counsel, Discovery, FTC

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The Entrepreneurs Report - Q3 2015

Unicorns and Other High-Valuation Deals - Over the last several years, the number of private companies with valuations in excess of $1 billion has skyrocketed, with daily reports of births of new “unicorns.” As the number…more

Business Valuations, Entrepreneurs, Equity Financing, Equity Investors, Venture Funding

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Eye on Privacy Newsletter - October 2014

In this issue: - FTC Recommends Improved Transparency and Security in Mobile Shopping Apps - Appellate Courts to Address What Constitutes an "Automatic Telephone Dialing System" Under the TCPA - California…more

Data Protection, FTC, Mobile Apps, Mobile Payments, New Regulations

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New Department of Justice Enforcement Policy Focuses on Corporations Providing Evidence Against Individuals

On September 9, 2015, the U.S. Department of Justice (DOJ) issued a memorandum to federal prosecutors instructing them to increase their focus on the prosecution of individuals involved in corporate fraud and financial…more

Cooperation, Criminal Prosecution, DOJ, Enforcement Guidance, Government Investigations

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Applications Now Being Accepted for USDA Renewable Energy and Energy Efficiency Grant and Loan Program

On Monday, May 5, 2014, the United States Department of Agriculture (USDA) announced that it will begin accepting new applications for grants and loans under the Rural Energy for America Program (REAP) for fiscal year 2014…more

Construction Loans, Energy Projects, Energy Sector, Farm Bill, Farm Loans

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Delaware Supreme Court Issues Long-Awaited Decision in Rural/Metro Affirming Liability Against Financial Advisor

On November 30, 2015, the Delaware Supreme Court issued its long-anticipated opinion in the stockholder litigation over the sale of Rural/Metro Corporation (Rural). In a unanimous opinion, the court affirmed the Delaware Court…more

Aiding and Abetting, Breach of Duty, DE Supreme Court, Financial Adviser, Shareholder Litigation

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IRS Issues Guidance on "North-South" Transactions

On May 3, 2017, the IRS released Revenue Ruling 2017-9, which addresses two so-called "north-south" transactions in connection with spin-offs that are intended to be nontaxable under Section 355 of the Internal Revenue Code…more

Corporate Taxes, Internal Revenue Code (IRC), IRS, Revenue Procedures, Spinoffs

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Washington Seeks New Regulation of Technology Investments: What You Need to Know Now About the Proposed CFIUS Legislation

On November 8, 2017, a bipartisan coalition in Congress introduced the Foreign Investment Risk Review Modernization Act (FIRRMA), which would greatly expand the reach and consequence of the Committee on Foreign Investment in the…more

CFIUS, Corporate Counsel, Covered Transactions, Department of Defense (DOD), Foreign Investment

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Game Over: Popular Multi-Channel Network Settles FTC Complaint for Paid Endorsement Videos

September 8, 2015 On September 2, 2015, the Federal Trade Commission (FTC) announced its first settlement with an online video marketer over an alleged failure to disclose paid endorsements. The FTC settled with Machinima, Inc.,…more

Advertising, Disclosure Requirements, Endorsements, FTC, FTC Endorsement Guidelines

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Delaware Court of Chancery Rejects "Lawyer-Driven" Section 220 Demand

On November 13, 2017, the Delaware Court of Chancery issued a short but potentially important opinion in Jack Wilkinson v. A. Schulman, Inc., an action to inspect books and records brought under Section 220 of the Delaware…more

Board of Directors, Books & Records, Breach of Duty, Delaware General Corporation Law, Section 220 Request

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Department of Energy Loan Programs Office Update: Recent Announcements, Insights, and Upcoming Workshops

Throughout 2014, the Department of Energy (DOE) Loan Programs Office (LPO) announced nearly $25 billion in new loan guarantee authority across three solicitations and promoted the success of its existing portfolio, while…more

Department of Energy (DOE), Energy Projects, Energy Sector, Government-Guaranteed Loans

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Washington Seeks New Regulation of Technology Investments: What You Need to Know Now About the Proposed CFIUS Legislation

On November 8, 2017, a bipartisan coalition in Congress introduced the Foreign Investment Risk Review Modernization Act (FIRRMA), which would greatly expand the reach and consequence of the Committee on Foreign Investment in the…more

CFIUS, Corporate Counsel, Covered Transactions, Department of Defense (DOD), Foreign Investment

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Article 29 Working Party Issues Statement Following Adoption of EU-U.S. Privacy Shield

On July 26, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued a statement commending the improvements made to the EU-U.S. Privacy Shield (Privacy Shield). Although the…more

Article 29 Working Party (WP29), Data Protection Authority, EU, EU-US Privacy Shield, International Data Transfers

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FDA Issues Final Guidance on "Deciding When to Submit a 510(k) for a Change to an Existing Medical Device"

Recently, the U.S. Food and Drug Administration (FDA) issued final guidance on deciding when to submit a new 510(k) premarket notification application for a change to an existing medical device. The guidance is far reaching and…more

510(k) RTA, FDA, Final Guidance, Medical Devices, Pre-Market Notification

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Sears Petitions FTC to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) is seeking public comment on a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the…more

Consumer Protection Orders, Failure To Disclose, FTC, Modification, Personally Identifiable Information

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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

EU, European Patent Office, Popular, UK, UK Brexit

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California Public Utilities Commission Approves Successor Net Energy Metering Tariff

On January 28, 2016, the California Public Utilities Commission (CPUC or Commission) adopted a decision (Decision) by a vote of 3-2 approving a new tariff structure for future Net Energy Metering (NEM) customers (NEM Successor…more

Net Metering, PG&E, Public Utilities Commission, San Diego Gas & Electric, Southern California Edison

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The Life Sciences Report - Summer 2017

Factoring in Human Factors - According to a recent British Medical Journal research report, the mean rate of death from medical error in U.S. hospitals is estimated to be over 251,000 people per year. Though many medical…more

Digital Health, FDA, Health Care Providers, Healthcare, Life Sciences

See all updates »

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

Active Business Test, Alibaba, Control Test, Device Test, Internal Revenue Code (IRC)

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Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, DOJ, Enforcement Actions

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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

China, Foreign Investment, MOFCOM, Proposed Legislation

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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 Provisions, Confidential Information, DOJ, Employee Solicitation, Enforcement Actions

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Unlocking the Set-Top Box and Access to Video Programming—The FCC's Latest Foray into Video Competition

On February 18, 2016, the Federal Communications Commission (FCC) launched two proceedings designed to promote competition in the video marketplace—a proposed rulemaking related to devices used to access traditional TV…more

FCC, Multichannel Video Programming, NPRM, Video Recordings

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Report on U.S. Semiconductor Industry Raises Implications for PRC Investments in U.S. Companies

In January 2017, the President's Council of Advisors on Science and Technology (PCAST) issued a report to then President Barack Obama titled "Ensuring Long-Term U.S. Leadership in Semiconductors."1 The report assesses the state…more

Barack Obama, CFIUS, China, Foreign Investment, Information Reports

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DOJ Reminds Companies That Expiration of HSR Waiting Period Is Not Always the Antitrust Agencies' Final Say

On September 26, 2017, the Department of Justice (DOJ) filed a complaint in the U.S. District Court for the District of Delaware challenging Parker-Hannifin Corporation's (Parker's) consummated acquisition of CLARCOR, Inc…more

Acquisitions, Corporate Counsel, DOJ, FTC, Hart-Scott-Rodino Act

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President Trump Issues Executive Order on Climate Change

On March 28, 2017, President Donald Trump issued an executive order that significantly rolls back climate change policy enacted under the Obama administration and requires review of agency actions that may negatively impact…more

Clean Power Plan, Climate Change, Energy Policy, EPA, Executive Orders

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Starting Up the CFPB’s No-Action Letter Program

The expanding use of mobile technologies, cloud computing, and the Internet of Things has greatly increased the amount of available consumer data. The ability to efficiently process this information has the potential to provide…more

CFPB, Consumer Lenders, Data Collection, Disparate Impact, ECOA

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President Trump Issues Executive Order on Climate Change

On March 28, 2017, President Donald Trump issued an executive order that significantly rolls back climate change policy enacted under the Obama administration and requires review of agency actions that may negatively impact…more

Clean Power Plan, Climate Change, Energy Policy, EPA, Executive Orders

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The Life Sciences Report - Spring 2014

In this issue: - A New Accelerator Takes Digital Health Start-Ups to the Next Level - The Return of the MedTech IPO Market - Is There a Deal in Your Future? A Guide to Navigating Antitrust Waters -…more

Digital Health, Healthcare, IPO, Patents, SBIRs

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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

Final Action, Patent Applications, USPTO, USPTO Pilot Program

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Opening of New York State's Green Bank Creates a New Source of Financing for Clean Energy Projects as It Issues Its First Request for Proposals

The $1 billion New York Green Bank initiative opened for business on February 5, 2014. The New York Green Bank, initially capitalized with $210 million in funding in December 2013, will partner with private-sector institutions…more

Banks, Clean Energy, Energy Policy, Green Banks

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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

Material Misstatements, Omnicare v Laborers District Council, Pharmaceutical Industry, PSLRA, Registration Statement

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ICOs at the End of 2017: What We Think We Know and What We Don't Know

Initial coin offerings (ICOs), token pre-sales, and similar sales of blockchain-based coins and tokens are quickly becoming an important fundraising option, and an important method of attempting to seed a token-based platform…more

Alternative Trading Systems, Convertible Notes, Corporate Counsel, Initial Coin Offering (ICOs), Regulation A

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WSGR FinTech Update - March 2017

Wilson Sonsini Goodrich & Rosati is pleased to introduce the first in a series of monthly updates from the FinTech practice. The purpose of the updates is to provide timely information on issues of interest to WSGR’s FinTech…more

Cybersecurity, Financial Services Industry, FinTech, NYDFS, Robo-Advisors

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The Life Sciences Report - Spring 2014

In this issue: - A New Accelerator Takes Digital Health Start-Ups to the Next Level - The Return of the MedTech IPO Market - Is There a Deal in Your Future? A Guide to Navigating Antitrust Waters -…more

Digital Health, Healthcare, IPO, Patents, SBIRs

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President Obama Signs Federal Trade Secrets Act into Law

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, amending the Economic Espionage Act to create a new federal civil cause of action for trade secret misappropriation. The new federal…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Private Right of Action

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FDA Intends to Grant Five Years of Market Exclusivity to Fixed-Dose Combination Drugs Containing One New Drug Substance

Fixed-dose combination drug products are becoming increasingly important in the treatment of patients with diabetes, cardiovascular disease, and infectious disease. Within the last two decades, the U.S. Food and Drug…more

Exclusive Dealing Agreements, FDA, Pharmaceutical Industry, Prescription Drugs

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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

China, Foreign Investment, MOFCOM, Proposed Legislation

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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

Attorney's Fees, Copyright Infringement, Fee Awards, Fee-Shifting, First Sale Doctrine

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The Entrepreneurs Report Q3 2013

As widely reported, the aggregate dollar volume of venture financings held fairly steady from Q2 2013 to Q3 2013 (see, e.g., Venture Capital Valuation and Trends from PitchBook, Q4 2013). An analysis of transactions in which…more

Entrepreneurs, Funding, Startups, Venture Capital

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European Court of Justice to Rule on Validity of Standard Contractual Clauses

On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large…more

Binding Corporate Rules, CJEU, EU, EU-US Privacy Shield, International Data Transfers

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California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus…more

Business Development, Corporate Counsel, DOL, Employee Rights, Hiring & Firing

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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

China, Foreign Investment, MOFCOM, Proposed Legislation

See all updates »

Digital Health Report - Fall 2017

Digital health is the convergence between healthcare, genomics, and digital technologies. It is a fast-growing sector with important implications for individuals and institutions alike. Whether it is hospitals and health systems…more

21st Century Cures Act, Acquisitions, Digital Health, Emerging Growth Companies, Emerging Technology Companies

See all updates »