| 7/2/2009 |
Corporate and Securities Update:
Major Corporate Governance Proposals Are on the Way |
 |
| On July 1 the Securities and Exchange Commission took action on three measures that affect public company governance.... more |
|
 |
| 7/2/2009 |
A Trap for the Unwary Employer: Failure to Cover Part-Time and Temporary Employees Under a 401(k) Plan |
|
| Clients often ask us whether certain groups of employees, such as part-time or temporary employees, must be covered under their 401(k) plan.....more |
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| 6/24/2009 |
Executive Compensation Alert—Corporate Governance Reforms and Executive Compensation – The Perfect Storm |
|
| Over the next few months we are likely to witness the development of a "perfect storm" of corporate governance reforms and executive compensation changes at U.S. public companies.... more |
|
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| 6/22/2009 |
Litigation Alert: FLIR Systems, Inc. v. Parrish |
|
| The California Court of Appeal's recent opinion in FLIR Sys., Inc. v. Parrish, ___ Cal. App. 4th ___, 2009 Cal. App. LEXIS 943 (2d Dist. June 15, 2009) reinforces the need for careful deliberation in determining when and where to seek injunctive relief against trade secret misappropriation by former employees.... more |
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| 6/17/2009 |
Federal Initiatives Affecting Corporate Law
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|
| In recent weeks, leading legislators and regulators have announced a series of initiatives arising, in one way or another, out of the recent economic crisis. more |
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| 6/12/2009 |
The Necessity of eGovernment |
|
| This paper presents the positive and negative impact information technology (IT) has had on governance in the United States and argues that effective and efficient eGovernment is a necessity created by the increased and widespread use of IT in the private sector. more |
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| 6/10/2009 |
Fenwick Employment Brief - June 10, 2009 |
|
| In Applied Materials v. Advanced Micro-Fabrication Equipment Company, the federal district court for the Northern District of California refused to enforce an invention assignment clause that required former employees to assign inventions disclosed within one year of termination of employment if the invention related to work performed by the employee for the employer....more |
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| 6/9/2009 |
Corporate and Securities Update: SEC Update—SEC Proposed Rules Would Make It Easier For Stockholders to Nominate Board Members; Compensation Disclosure Changes On The Way |
|
| The SEC announced that it will propose amendments to the proxy rules to facilitate the ability of stockholders to propose nominees for election to a board of directors. more |
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| 6/4/2009 |
Licensing Basics for Technology and Life Sciences Companies |
|
| Virtually all technology companies rely on licenses to achieve their business goals. more |
|
|
| 5/27/2009 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (First Quarter 2009) |
|
| We analyzed the terms of venture financings for 92 companies headquartered in the Silicon Valley that reported raising money in the first quarter of 2009. more |
|
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| 5/20/2009 |
Litigation Alert: Supreme Court Clarifies Standing and Reliance Rules for 17200 Consumer Class Action Claims |
|
| On May 18, 2009, a split California Supreme Court handed down its long awaited decision of In Re Tobacco II Cases (S147345), clarifying the effect of Proposition 64 on the unfair competition law ("UCL") (Bus. & Prof. Code, § 17200 et seq.) in consumer class actions.... more |
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| 5/15/2009 |
Top Ten Patent Issues for the New Director of the Patent and Trademark Office |
|
| Imminently, the Obama Administration will be naming
a new Director of the U.S. Patent and Trademark Office ("PTO"). The PTO, which used to be a quiet
backwater of a niche area of law, has recently found itself front and center in some high profile debates.
From congressional efforts aimed at fixing a "broken" patent system to Supreme Court cases considering
whether Internet Age innovations deserve the same patent protection as Industrial Age innovations,
the work of the PTO is increasingly important to our society.....more |
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| 5/15/2009 |
The Transfer of Intellectual Property Rights: Can There Be Too Much Freedom in the Marketplace for Ideas? |
|
| We Americans take for granted the fact that intellectual
property rights can be transferred from one person to
another. A small "garage" inventor can sell patent rights to
a manufacturing company. Two sparring competitors can
settle their disputes by a cross-license of rights. Franchises
can be built by licensing out trade secrets to local operators....more |
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|
| 5/14/2009 |
Employee Benefits Alert: Update on Health Care Reform: Has San Francisco Finally "Cracked the ERISA Code?" |
|
| The Department of Labor has just released several model notices (including election forms) to reflect the new COBRA subsidy requirements of ARRA, the American Recovery and Reinvestment Act of 2009....more |
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| 5/14/2009 |
Fenwick Employment Brief - May 14, 2009 |
|
| With employers and employees alike burdened by skyrocketing health care costs, and more than fifty million Americans lacking health care coverage, it is becoming more and more likely that some sort of change to the current health care system is imminent...more |
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| 5/6/2009 |
Cleantech Client Alert: Newly-Launched ARPA-E Announces $150 Million Funding Opportunity for "Transformational" Energy Technologies |
|
| On April 27, 2009, the Department of Energy announced the availability of up to $150 million of funding for research and development on transformational energy-related technologies. more |
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| 4/22/2009 |
Legal Resource Guide For Entrepreneurs |
|
| No single factor is controlling in determining the form of business organization to
select, but if the business is expected to expand rapidly, a corporation will usually be the best alternative because of the availability of employee incentive stock plans; ease of accommodating outside investment and greater long-term liquidity alternatives for shareholders. more |
|
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| 4/22/2009 |
2009 Update to Guide to Starting a Corporation |
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| This guide describes certain basic considerations and costs involved in forming a Delaware or California corporation. more |
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| 4/22/2009 |
Key Service Agreement Issues: Service Providers Checklist |
|
| Outsourcing of technology-related services continues to grow. more |
|
|
| 4/22/2009 |
2009 Update: Raising the Initial Funding for High Technology Companies in the San Francisco Bay Area |
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| This is a brief summary of the process for raising initial funding in the Bay Area for high technology companies. We hope to help entrepreneurs seeking initial funding understand the alternatives, identify potential funding sources and, most importantly, understand the practical realities of raising initial funding in the Bay Area... more |
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| 4/16/2009 |
Antitrust Alert: Leegin Returns to East Texas to Die: Epic Vertical Price Fixing Case Goes Full Circle |
|
| Earlier this month, the Eastern District of Texas dismissed all claims in an antitrust case that has made history. In 2007, the United States Supreme Court shook the antitrust world with its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 127 S.Ct. 2705 (2007)... more |
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| 4/15/2009 |
Protecting Innovation: Cleantech and Patents Are Natural Allies |
|
| In recent years, the private sector's efforts to develop responses to environmental challenges have focused strongly on technological solutions. For many businesses in this field, patent protection for innovative technology is a key element of their business strategies. more |
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| 4/15/2009 |
Fenwick Employment Brief - April 15, 2009 |
|
| In 14 Penn Plaza v. Pyett, the Supreme Court ruled (5-4) that provisions in collective bargaining agreements requiring union members to arbitrate claims arising under the Age Discrimination in Employment Act can bar private lawsuits by aggrieved employees....more |
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|
| 4/3/2009 |
American Recovery and Reinvestment Act:
Imminent Funding Opportunities for Clean Tech
Companies But Funding Comes with Conditions |
|
| The American Recovery and Reinvestment Act of 2009 represents the largest government stimulus package in U.S. history. As has been widely reported, President Obama has made the development and adoption of clean technologies a core goal of his policy initiatives. more |
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|
| 4/1/2009 |
Shrinking Prospects for Private Trade Secret Actions Under the CFAA |
|
| The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, was enacted in 1984 as a criminal statute, but was subsequently amended in the 1990s to allow for private causes of action for damage to a "protected computer." more |
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| 3/27/2009 |
Advanced Copyright Issues on the Internet |
|
| During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds. more |
|
|
| 3/24/2009 |
Employee Benefits Alert: New COBRA Subsidy Model Notices |
|
| The Department of Labor has just released several model notices (including election forms) to reflect the new COBRA subsidy requirements of ARRA, the American Recovery and Reinvestment Act of 2009....more |
|
|
| 3/20/2009 |
Intellectual Property Bulletin Spring 2009 |
 |
| A bipartisan quartet of senators and representatives held a press conference on March 3,
2009 announcing yet another push at patent law reform. Hearings commenced the following
week...more |
|
|
| 3/19/2009 |
Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims |
|
| The California Court of Appeal for the Sixth Appellate District recently issued an important decision confirming the preemptive effect of California’s Uniform Trade Secrets Act ("CUTSA") on common law claims...more |
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|
| 3/18/2009 |
Starting a Company Now?? - Founder and Formation Issues in a Turbulent Economy |
|
| TiE Institute - Statrting a Company Now?? Founder and Formation Issues in a Turbulent Market.... more |
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|
| 3/18/2009 |
Trolls 2.0 |
|
| Last week, a bipartisan quartet of senators introduced yet another round of patent reform legislation. As with the prior unsuccessful attempts in recent years, the bills proposed in the House and the Senate address a variety of issues, such as the measure of damages that a patentee can recover from an infringer.... more |
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| 3/16/2009 |
Making Sense of the Revived "Machine-or-Transformation" Test in In re Bilski |
|
| On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection... more |
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|
| 3/16/2009 |
2008 Silicon Valley Life Science VC Survey |
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| The results of our fifth annual San Francisco Bay Area Life Science Venture Capital Valuation Survey... more |
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|
| 3/12/2009 |
Fenwick Employment Brief - March 12, 2009 |
|
| A group of Oracle employees who resided outside California but traveled into the state periodically to perform work for Oracle sued the company, claiming that they were entitled to the benefits of California's more favorable overtime laws....more |
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|
| 3/11/2009 |
FAQ on International Patent Strategy and Execution |
|
| The selection of an invention for patenting must be based on the business goals and needs of the client. This mandates that the prosecutor take the time to understand the patentee's business, and not merely
its technology–the mere technical 'coolness' of an
invention is not a sufficient reason for patenting it....more |
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| |
| 2/27/2009 |
Trends in Legal Terms in Venture Financings in Israel (Second Half of 2008) |
|
| We have analyzed the terms of venture financings for 43 Israeli and Israeli-related technology
companies that reported raising money in the second half of 2008....more |
|
|
| 2/27/2009 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (Fourth Quarter 2008) |
|
| We analyzed the terms of venture financings for 128 companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2008....more |
|
|
| 2/26/2009 |
Executive Compensation Alert—Latest Restrictions on Compensation of Executives at Financial Institutions Receiving Assistance Under the Troubled Asset Relief Program |
|
| The American Recovery and Reinvestment Act of 2009 ("ARRA") that became law on February 17, 2009, imposes new restrictions on compensation of certain executives at financial institutions that receive assistance under the Troubled Asset Relief Program ("TARP") under the Emergency Economic Stabilization Act of 2008 ("EESA").... more |
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|
| 2/25/2009 |
A Framework for Identifying Inventions Worth Patenting |
|
| The selection of an invention for patenting must be based on the business goals and needs of the client. This mandates that the prosecutor take the time to understand the patentee's business, and not merely
its technology–the mere technical 'coolness' of an
invention is not a sufficient reason for patenting it....more |
|
| |
| 2/23/2009 |
Employee Benefits Alert: COBRA Subsidy Provisions of the American Recovery and Reinvestment Act of 2009 |
|
| On February 17, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 ("ARRA") into law. This stimulus package provides significant health care continuation coverage relief for lower- and moderate-income employees who are involuntarily terminated between September 1, 2008 and December 31, 2009...more |
|
|
| 2/18/2009 |
Employee Benefits Alert: COBRA Subsidy Provisions of the American Recovery and Reinvestment Act of 2009 |
|
| On February 17, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 ("ARRA") into law. This stimulus package provides significant health care continuation coverage relief for lower- and moderate-income employees who are involuntarily terminated between September 1, 2008 and December 31, 2009...more |
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| |
| 2/18/2009 |
Corporate and Securities Alert: Delaware Supreme Court Confirms Officers' Fiduciary Duties and Refines the Application of the Common Law Doctrine of Shareholder Ratification |
|
| The Delaware Supreme Court's recent decision in Gantler vs. Stephens (Del. January 27, 2009) – where the Court issued a rare reversal of a Court of Chancery decision – contains several noteworthy holdings on core corporate governance principles...more |
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|
| 2/9/2009 |
Fenwick Employment Brief - February 9, 2009 |
|
| President Obama has signed into law the Lilly Ledbetter Fair Pay Act of 2009 ("Fair Pay Act"), which provides that an unlawful employment practice occurs not only when an employer makes a discriminatory decision about the employee's compensation, but each time an employee receives a paycheck or other compensation affected by the discrimination....more |
|
|
| 1/21/2009 |
Securities Litigation Update—Must A Corporation Disclose Privileged Information To Avoid Prosecution, And If It Does So, Will It Be At The Mercy Of The
Plaintiffs' Bar? – Recent Developments In DOJ Policy And Case Law |
|
| Many boards and executives of corporations subject to criminal and civil regulatory investigations have grappled with the highly charged decision of whether to provide the government with privileged communications and attorney work product.... more |
|
|
| 1/15/2009 |
Patent Law Year in Review: 2008-2009 |
|
| A Look Back at 2008 and A Look Ahead at 2009....more |
|
|
| 1/13/2009 |
Costco Decision Could Significantly Change Scope of Attorney-Client Privilege |
|
| The case of Costco Wholesale Corporation v. Superior Court, currently pending before the California Supreme Court, may dramatically affect the manner in which clients interact with and utilize their lawyers....more |
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|
| 1/13/2009 |
Fenwick Employment Brief - January 13, 2009 |
|
| Although Starbucks has been the target of numerous class action lawsuits in the U.S., the company defeated plaintiffs in one recent class action arising out of the criminal background question in its job application....more |
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|
| 1/8/2009 |
On Shaky Ground: The (Near) Future of Patents After Bilski |
|
| Bernard Bilski did not intend to be a poster child for business method inventions. He filed his patent application more than a year before the Federal Circuit decided... more |
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|
| 1/7/2009 |
Mergers and Acquisitions Alert: New HSR Thresholds for 2009
|
|
| The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase mid-February (exact date still pending), due to an annual adjustment mechanism that was created in the last round of amendments to the HSR Act...more |
|
|
| 1/7/2009 |
Executive Compensation Alert—IRS Tax Notice For Incentive Stock Options and Employee Stock Purchase Plans |
|
| Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code") requires that by January 31, 2009, employers provide certain information to their employees (or former employees) who in 2008 either exercised "incentive stock options" ("ISOs") or transferred shares purchased under an "employee stock purchase plan" (an "ESPP").... more |
|
|
| 12/23/2008 |
Intellectual Property Bulletin Winter 2008/2009 |
|
| Personalized medicine companies should implement new strategies to deal with the challenges associated with protecting their inventions...more |
|
|
| 12/16/2008 |
Executive Compensation Alert—IRS Program Permits Avoiding Section 409A's 20% Penalty Tax for Certain Unintentional, Operational Violations Under Certain Compensation Arrangements |
|
| On Dec. 5 the IRS announced Notice 2008-113, providing correction methods for certain unintentional, operational failures in relation to non-qualified deferred compensation arrangements and certain equity awards that would otherwise invoke the 20% penalty tax under Section 409A... more |
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|
| 12/10/2008 |
Fenwick Employment Brief - December 10, 2008 |
|
| In current economic times, more and more companies are turning to "reductions in force" or "RIFs." While RIFs can provide both short and long-term economic benefits, they are also among the most difficult events an attorney or human resources professional must oversee because of the emotional and economic impact they will have on employees...more |
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|
| 12/8/2008 |
Securities Litigation Alert—Ninth Circuit Affirms District Court's Dismissal of Securities Class Action |
|
| On November 26, 2008, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of a securities fraud lawsuit brought by Glazer Capital Management against InVision Technologies, Inc. and two of its executive officers.... more |
|
|
| 12/5/2008 |
In re Swanson: Ex Parte Reexamination in the Patent Office Provides Second Chance to Invalidate Patent |
|
| It may not literally keep in-house attorneys up at night, but the chance that a relevant patent owned by another may unexpectedly show up on one's desk in the morning is certainly not a pleasant thought. more |
|
|
| 11/24/2008 |
Corporate and Securities Alert—FINRA Announces Changes to Analyst Rules |
|
| The Financial Industry Regulatory Authority, or FINRA, as part of its process of enacting a consolidated rulebook, announced proposed changes to its existing conflicts of interest rules regarding research analysts...more |
|
|
| 11/24/2008 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (Third Quarter 2008) |
|
| We analyzed the terms of venture financings for 101 companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2008. There has recently been substantial distress and volatility in world financial markets...more |
|
|
| 11/20/2008 |
Fenwick Employment Brief - November 20, 2008 |
|
| The California Supreme Court recently granted review of Brinker Restaurant Corp. v. Superior Court, in which a Court of Appeal held that an employer's obligation to "provide" rest and meal breaks to employees means only that the employer must make such breaks available to employees...more |
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|
| 11/19/2008 |
Litigation and Tax Alert: DOJ Targets Approximately 20,000 Investors as Co-Conspirators in Criminal Tax Fraud Investigation of UBS |
|
| The United States Department of Justice has opened a new front on its war against allegedly fraudulent tax shelters...more |
|
|
| 10/31/2008 |
Patent Alert: Federal Circuit en banc Clarifies the Test for Determining When Processes are Patentable |
|
| In a long-awaited decision, on October 30, 2008, the Federal Circuit en banc decided In re Bilski, clarifying the test for determining whether a process patent claim qualifies as patentable subject matter under Section 101 of the U.S. Patent Act. more |
|
|
| 10/22/2008 |
Corporate and Securities Alert: M&A Development—Additional Guidance from the Delaware Chancery Court on MAE Clauses |
|
| Hexion v. Huntsman provides lessons on what constitutes a Material Adverse Effect and the meaning of "reasonable best efforts" and "knowing and intentional breach."...more |
|
|
| 10/20/2008 |
The Still Blurry Standards for Proving Trademark Dilution |
|
| In 2006, Congress passed the Trademark Dilution Revision Act, or "TDRA." Hailed by some and criticized by others, the TDRA was widely expected to make it easier for the owners of famous trademarks to prevail in claims for trademark dilution...more |
|
|
| 10/17/2008 |
Intellectual Property Bulletin Fall 2008 |
|
| In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent infringement made by a patentee, its distributors, agents and/or attorneys to third parties...more |
|
|
| 10/7/2008 |
Fenwick Employment Brief - October 7, 2008 |
|
| As of September 30, 2008, exempt computer professionals in California can be paid a minimum of $75,000 per year for full-time employment on a salaried basis, rather than the previous requirement of at least $36 per hour...more |
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|
| 10/2/2008 |
FASB to Reconsider Plan for Sweeping Changes to Contingent Liabilities Disclosures |
|
| On September 24, 2008, the Financial Accounting Standards Board ("FASB") decided to reconsider its previously-proposed amendments to FASB Statement No. 5, Accounting for Contingencies ("Statement 5"), and FASB Statement No. 141, Business Combinations...more |
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|
| 9/23/2008 |
Developing a Patent Strategy - A Checklist for Getting Started |
|
| For many technology companies, developing a patent strategy is an important component of the business plan...more |
|
|
| 9/18/2008 |
Fenwick Employment Brief - September 18, 2008 |
|
| Avila v. Continental Airlines, Inc. is the latest court decision to highlight the often complex intersection between disability and medical leave laws...more |
|
|
| 9/2/2008 |
Copyright Alert: Io v. Veoh—DMCA Covers Video Upload Site Charged With Exposing Skin Flicks |
|
| In an important decision with potential implications for the Viacom v. YouTube suit and for every website that hosts user-supplied content, a Magistrate Judge in the Northern District of California has granted summary judgment against a publisher of "adult" films...more |
|
|
| 8/26/2008 |
Corporate and Securities Alert: Information Management for Mergers and Acquisitions – Wrangling, Lassoing and Roping at the M&A Corral |
|
| When one company acquires some or all of the assets or divisions of another, the acquirer faces a recurring set of issues related to electronic information management. Forethought is necessary to ensure the acquirer follow best business practices and comply with legal obligations when...more |
|
|
| 8/15/2008 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (Second Quarter 2008) |
|
| We analyzed the terms of venture financings for 108 companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2008. The results of the 2Q08 survey show that companies raising venture capital in 2Q08 continued to receive higher valuations than in their prior round...more |
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|
| 8/12/2008 |
Fenwick Employment Brief - August 12, 2008 |
|
| California DLSE: Employers Must Make Meal and Rest Breaks Available, Need Not Ensure Employees Take Breaks—and Yet Another Court Agrees; California Supreme Court Confirms Non-competes are Unenforceable in California, Eases Requirements on Releases; NLRB Strikes Down Firing of Employee Who Breached an Illegal Confidentiality Provision; News Bites...more |
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|
| 8/11/2008 |
Corporate and Securities Alert: Auction Rate Securities—Recent Settlements with SEC and Other Regulators |
|
| On August 7 and 8, the Securities and Exchange Commission announced settlements with Citigroup Global Markets and UBS Securities and UBS Financial Services Inc....more |
|
|
| 8/8/2008 |
Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims |
|
| The California Supreme Court has ruled in Edwards v. Arthur Andersen LLP, ___ Cal. 4th ___ , 2008 Cal. LEXIS 9618 (Cal. Aug. 7, 2008) (No. S147190), that non-competition agreements in California are invalid under California Business and Professions Code Section 16600 ("Section 16600")...more |
|
|
| 8/6/2008 |
Copyright Alert: Cartoon Network v. Cablevision—Buffer Reproductions Are Not Infringing Copies, Holds Second Circuit in "Remote" DVR Case |
|
| In a long-awaited ruling, the Second Circuit held on Monday that unauthorized reproductions of data, such as digital movie files, in computer buffers are not infringing copies because they were not fixed "for a period of more than transitory duration." ... more |
|
|
| 7/30/2008 |
Antitrust Alert: Vegans (and Foodies) Rejoice: D.C. Circuit Rules for FTC in Whole Foods Merger Case |
|
| In a two to one decision, the United States Court of Appeals for the District of Columbia has given the FTC a major victory for its merger enforcement jurisdiction... more |
|
|
| 7/28/2008 |
Opinion Letters in the Wake of In re Seagate Technology |
|
| Patent infringement is a strict liability offense, the
nature of which is only considered to determine
whether infringement was willful and enhanced
damages are warranted. For decades, accused
infringers in patent infringement lawsuits relied
on opinions of counsel to defend against willful
infringement claims that may lead to enhanced
damages... more |
|
|
| 7/23/2008 |
Fenwick Employment Alert - July 23, 2008 |
|
| In a victory for California employers, a California appellate court ruled that an employer's duty to "provide"; rest and meal breaks to employees means that the employer need only make such breaks available to employees, and not that it ensure that employees actually take such breaks...more |
|
|
| 7/15/2008 |
Intellectual Property Bulletin Summer 2008 |
|
| Rejecting the authority of a trio of more recent Ninth Circuit cases on the ground that their holdings could not be reconciled with an earlier Ninth Circuit decision, a Washington District Court has held a transfer of computer software to represent a sale, not a license...more |
|
|
| 7/11/2008 |
SEC Extends Date of Auditor Attestation for Non-Accelerated Filers |
|
| On June 26, 2008, the SEC announced it extended the date for non-accelerated filers to include in Annual Reports on Form 10-K and Form 10-KSB the auditor attestation required under Section 404(b) of the Sarbanes-Oxley Act of 2002. more |
|
|
| 7/10/2008 |
Fenwick Employment Brief - July 10, 2008 |
|
| In Quon v. Arch Wireless Operating Company, police officer Quon sued a wireless company and his employer City of Ontario for violating his privacy by accessing his personal text messages sent by way of an employer-provided pager. more |
|
|
| 7/8/2008 |
Litigation Alert: Ninth Circuit Adopts Good Faith Defense for Lanham Act Claims Premised on Allegedly False Patent Infringement Allegations Made to Third Parties |
|
| In Fisher Tool Co., Inc. v. Gillet Outillage, __ F.3d __, 2008 U.S. App. LEXIS 13727 (June 30, 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations...more |
|
|
| 6/18/2008 |
Think You Are a Co-Owner of a Copyright?—Think Again |
|
| Many copyright owners co-own their copyrights with others, or at least they thought so until the decision came down in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008). more |
|
|
| 6/10/2008 |
Fenwick Employment Brief - June 10, 2008 |
|
| In CBOCS West, Inc. v. Humphries, the United States Supreme Court decided (in a 7-2 vote) that 42 U.S.C. § 1981, which was enacted shortly after the Civil War as part of the Civil Rights Act of 1866 to prohibit race discrimination, also encompasses claims of retaliation in employment. more |
|
|
| 6/9/2008 |
Litigation Alert: Quanta v. LG Electronics — The Supreme Court Revives the Patent Exhaustion Doctrine
|
|
| On June 9, the Supreme Court issued an important decision affecting the doctrine of exhaustion of patent rights through licensing of patented methods and components. more |
|
|
| 5/19/2008 |
Intellectual Property Bulletin Spring 2008 |
|
| Just as a semiconductor clean room aims to exclude airborne particles that could contaminate wafer layers, so the legal software clean room has sought to protect computer software developers from contaminating "access" to earlier works they might be charged with copying...more |
|
|
| 5/15/2008 |
Fenwick Employment Brief - May 15, 2008 |
|
| In a victory for employers, a California appellate court confirmed owners, officers, and managing agents' limited personal liability under California law for a corporation's failure to pay wages. more |
|
|
| 4/30/2008 |
Privacy Alert: Gov't Rummaging Through Your Laptop's Contents? No Problem If You're Re-Entering USA, Says Ninth Circuit |
|
| You've gotten used to being asked to turn on your laptop as you go through airport security so the authorities can confirm it's really a computer and not a bomb... more |
|
|
| 4/24/2008 |
Antitrust Alert: Rambus Dodges an Antitrust Bullet from the FTC |
|
| In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC's landmark order against Rambus Incorporated... more |
|
|
| 4/15/2008 |
Section 409A Valuations and Stock Option Grants for Start-up Technology and Life Science Companies |
|
| Federal, and at least one state's, tax laws make it especially important for companies granting stock options as compensation to set the exercise price of the underlying shares at or above the price that can be shown by a reasonable valuation method to be fair market value (FMV) at the time of grant. more |
|
|
| 4/11/2008 |
Fenwick Employment Brief - April 11, 2008 |
|
| In a victory for employers, the California Supreme Court held in a 4-3 decision in Jones v. The Lodge at Torrey Pines Partnership that supervisors cannot be held personally liable for retaliation under the California Fair Employment and Housing Act (FEHA). more |
|
|
| 4/8/2008 |
Litigation Alert: Roommate.com en banc |
|
| The Ninth Circuit has issued a long-awaited decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 3/8/2008 |
Litigation Alert: Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any,
On Roommate.com? |
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| On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 3/27/2008 |
Federal Circuit to Re-Assess Standards for Patent-Eligible Subject Matter |
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| The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar. more |
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| 3/24/2008 |
SOX Litigation-Hold Triggers — Public and Private Companies Susceptible to Criminal Prosecution for Obstruction of Justice |
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| Years after passage of the Sarbanes-Oxley Act of 2002, many companies still believe the Act applies uniquely to public companies. more |
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| 3/19/2008 |
2007 Silicon Valley Life Science VC Survey |
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| The results of our fourth annual San Francisco Bay Area Life Science Venture Capital Valuation Survey
show a continuation of the positive trend in the life science venture environment. more |
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| 3/17/2008 |
Litigation Alert: Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any,
On Roommate.com? |
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| On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 3/11/2008 |
Fenwick Employment Brief - March 11, 2008 |
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| In Sprint/United Mgmt. Co. v. Mendelsohn, the United State Supreme Court held that "me too" evidence of discrimination is neither per se admissible nor per se inadmissible in an age discrimination lawsuit... more |
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| 3/4/2008 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Fourth Quarter 2007) |
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| We analyzed the terms of venture financings for 103 companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2007. more |
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| 3/3/2008 |
Intellectual Property Bulletin Winter 2008 |
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| After unanimous approval by the California Assembly and the California Senate, Governor Arnold Schwarzenegger signed S.B. 771 into law on October 10, 2007, amending California Civil Code section 3344.1. more |
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| 2/22/2008 |
Executive Compensation Alert—IRS Releases Guidance for 162(m) Compensation |
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| On February 21, 2008, the IRS released Revenue Ruling 2008-13, confirming the position taken in PLR 200804004 that compensation intended to qualify as deductible performance-based compensation pursuant to Section 162(m) of the Internal Revenue Code of 1986...more |
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| 2/21/2008 |
A Summary of Enterprises Income Tax Law of the People's Republic of China |
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| Foreign invested enterprises ("FIE") and domestic enterprises1 were subject to different income tax regulations and tax rates in China in the past. For example, as compared with domestic enterprises, FIEs generally were eligible for a lower income tax rate and more tax deductions and exemptions. more |
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| 2/14/2008 |
Executive Compensation Alert—Performance Based Compensation is Non-Excludible Under 162(m) If Also Payable Under An Employment Agreement As Severance |
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| We alerted you on January 31, 2008 (and provided a further update on February 8, 2008), that the IRS now takes the position that compensation intended to qualify as deductible performance-based compensation pursuant to Section 162(m) of the Internal Revenue Code of 1986, as amended...more |
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| 2/8/2008 |
Executive Compensation Alert—Payments Do Not Qualify as Performance-Based Compensation Under 162(m) Where Payments are Permitted Under a Severance Arrangement |
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| The Internal Revenue Service published a private letter ruling on January 28, 2008 (PLR 200804004) holding that amounts paid to a recipient under an incentive compensation plan intended to qualify as performance-based compensation under Section 162(m) of the Internal Revenue Code of 1986, as amended, (the "Code") will not qualify as performance-based compensation... more |
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| 2/8/2008 |
Fenwick Employment Brief - February 8, 2008 |
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| In a significant ruling for employers, the California Supreme Court recently held that an employer is not required to accommodate an employee who uses medical marijuana. more |
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| 2/6/2008 |
2008 Update to Guide to Establishing a Subsidiary in India |
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| Although the current dollar-rupee exchange rate is causing more consideration of other locations, many businesses in the U.S. continue to move a portion of their development, support and other operations offshore to India, primarily for cost-saving reason. more |
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| 1/30/2008 |
Corporate and Securities Alert: Securities and Exchange Commission Adopts Amendments to Rules 144 and 145 |
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| For the first time since 1997, the SEC has made significant amendments to Rules 144 and 145 under the Securities Act of 1933 (the "Securities Act"). more |
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| 1/28/2008 |
Securities Litigation Alert—The Foreign Corrupt Practices Act: The Next Corporate Scandal? |
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| As the stock option backdating cases wind down, what will be the next corporate scandal to gain widespread notoriety? more |
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| 1/25/2008 |
A Summary of the Labor Contract Law of the People's Republic of China |
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| Thirteen years ago, the Labor Law of the People's Republic of China ("Labor Law") was released, which is a fundamental law to govern employment relationships between employers and employees in China. more |
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| 1/24/2008 |
2008 Update to Doing Business in China via the Cayman Islands |
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| Many companies doing business in China are using a structure which includes a company formed under the laws of the Cayman Islands ("CI"). more |
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| 1/18/2008 |
Corporate and Securities Alert: New HSR Thresholds for 2008 |
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| The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase at the end of February (exact date still pending), due to an annual adjustment mechanism that was created in the last round of amendments to the HSR Act. more |
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|
| 1/17/2008 |
Patent Law Year in Review: With The Close Of An Active 2007, What Does 2008 Hold? |
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| Supreme Court Leaves Its Mark in 2007; Federal Circuit Weighs in on Patent Licensing; What's Coming up in 2008; Patent Reform and Rule Changes; Reconsidering What Is Patentable Subject Matter; Reexamination Trends; Ethics Issues in Patent Law more |
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| 1/16/2008 |
Corporate and Securities Alert: eProxy Rules Are Now Effective for Large Accelerated Filers |
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| The Securities and Exchange Commission adopted an amendment to its proxy statement rules in July 2007 regarding electronic availability of proxy materials. more |
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| 1/8/2008 |
Fenwick Employment Brief - January 8, 2008 |
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| The NLRB ruled in The Guard Publishing Company, dba The Register Guard that employers may enforce a policy that prohibits employees from using employer email for "non-job-related solicitations" (including union organizing efforts), so long as they do so in a non-discriminatory manner more |
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| 1/7/2008 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Third Quarter 2007) |
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| We analyzed the terms of venture financings for 104 companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2007. more |
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|
| 1/3/2008 |
2008 Update to Investment and Operating
in Restricted Industries in China |
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| There are a number of business sectors in China such as telecommunications services, online commerce and auction in which direct foreign investment is restricted. more |
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| 1/3/2008 |
2008 Update to Guide to Establishing a
Subsidiary in China |
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| As China's strength in the global economy continues to grow, businesses need to consider the prospect of establishing operations within its borders. more |
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| 1/3/2008 |
2008 Update to Implementing Share Incentive Schemes in China |
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| This memorandum is an overview of the legal and strategic issues related to implementing share incentive schemes in China, including understanding Chinese cultural views of employment and compensation, structuring share incentive schemes to comply with applicable Chinese currency controls and securities law restrictions and the tax consequences of options to the employees. more |
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| 12/10/2007 |
Fenwick Employment Brief - December 10, 2007 |
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| In Mokler v. County of Orange, a California Court of Appeal held there was sufficient evidence to support a plaintiff's retaliatory dismissal claim, but rejected her sexual harassment claim as not being sufficiently severe or pervasive to alter the conditions of her employment. more |
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| 12/6/2007 |
Executive Compensation Alert—IRS Proposes Correction Program for Certain Unintentional, Operational Violations under Deferred Compensation Plans Subject to Section 409A |
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| On Dec. 3 the IRS released Notice 2007-100, providing temporary correction methods for certain operational failures of non-qualified deferred compensation plans that would otherwise invoke the penalty taxes under Section 409A ("Section 409A") of the Internal Revenue Code of 1986, as amended (California, which has enacted a parallel penalty tax may, in light of this notice, announce their own correction program). more |
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| 11/20/2007 |
Fenwick Employment Brief - November 20, 2007 |
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| Effective January 1, 2008, the minimum hourly rate for exempt computer software professionals will be $36, down from this year's minimum of $49.77. more |
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| 10/22/2007 |
Executive Compensation Alert—IRS Extends Section 409A Remedial Amendment Period to December 31, 2008 |
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| On October 22, 2007 the Internal Revenue Service (the "IRS") issued much anticipated guidance in the form of Notice 2007-86 that extends the remedial amendment period with the final regulations under Internal Revenue Code Section 409A ("Section 409A") from December 31, 2007 to December 31, 2008. more |
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| 10/12/2007 |
Intellectual Property Bulletin Fall 2007 |
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| Disclosures to government regulators have always posed risks to trade secrets and other proprietary information. more |
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|
| 10/10/2007 |
Securities Litigation Alert—Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc. |
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| On October 9, 2007, the United States Supreme Court heard oral argument in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., which centers on how wide a net plaintiffs may cast in securities class action suits. more |
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| 10/8/2007 |
Fenwick Employment Brief - October 8, 2007 |
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| In a decision narrowing the scope of the administrative exemption, a California Court of Appeal held in Harris v. Superior Court that insurance claims adjusters were improperly classified under the administrative exemption because they performed "production" rather than administrative work. more |
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| 10/4/2007 |
M&A Developments-Deal Process and Protections (Netsmart, Lear and Topps) |
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| Micro-cap public targets with limited analyst coverage and trading volume should conduct a pre-signing market check rather than relying on a post-signing market check, at least where a private equity buyer is involved. more |
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|
| 9/19/2007 |
Six Week Countdown for New Patent Rules: A Comprehensive Approach to Building Your Patent Portfolio Before and After November 1 |
|
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| The United States Patent and Trademark Office [Office] is revising the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications. more | view video |
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|
| 9/17/2007 |
Third Strike for Perfect 10? |
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| In the Visa case, a divided panel held that processing payments for the infringing website services was too remote from the direct copyright infringements for Visa and other credit card company defendants to be held contributorily or vicariously liable. more |
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|
| 9/11/2007 |
Executive Compensation Alert—IRS Extends Section 409A Amendment Period 1 Year, Announces Voluntary Correction Program Likely |
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| On April 10, 2007, the IRS issued final regulations under Section 409A of the Internal Revenue Code of 1986, as amended ("Section 409A"). more |
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|
| 9/11/2007 |
Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays |
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| How fast do things change in "Internet time"? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google more |
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| 9/10/2007 |
Fenwick Employment Brief - September 10, 2007 |
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| The California Supreme Court has provided guidance regarding the enforceability of a ban on class actions in employment arbitration agreements. more |
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|
| 9/6/2007 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Second Quarter 2007) |
|
| We analyzed the terms of venture financings for 126 companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2007. more |
|
|
| 9/4/2007 |
Picture Perfect: Perfect 10 v. Visa |
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| In the 1940's, Jehovah's Witnesses, tenaciously litigious in defense of free expression, generated a half-dozen Supreme Court decisions that came to define First Amendment rights in the 20th century. more |
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|
| 9/4/2007 |
Securities Litigation Alert—Insider Trading Is Back |
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| Most of the SEC enforcement actions brought this year against Wall Street professionals and corporate executives involve insider trading in advance of mergers and acquisitions. more |
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|
| 8/31/2007 |
Perspective: Patents, post-MedImmune |
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| Earlier this year, the Supreme Court shook the foundations of patent licensing and technology transfer, altering the balance of power between patent holders and their licensees and creating profound implications for the life-sciences industry. more |
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|
| 8/21/2007 |
Patent Alert: New Rules for U.S. Patent Applications |
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| Earlier today, the United States Patent and Trademark Office (USPTO) published new rules for patent prosecution. more |
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| 8/21/2007 |
Litigation Alert: In re Seagate Technology, LLC—Willful Infringement and the Scope of Waiver of the Attorney-Client Privilege and Work Product Doctrine |
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| On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness. more |
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| 8/14/2007 |
Don't Try This on Your Site: Changing Contracts via Website Notice Alone |
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| On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424, which addressed whether a service provider may change the terms of its service contract by posting a revised contract on its website without providing additional notice. more |
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|
| 7/31/2007 |
Injunctions After eBay v. MercExchange |
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| More than a year has passed since the U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006). more |
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|
| 7/30/2007 |
Litigation Alert: Integra LifeSciences I, Ltd. v. Merck KGaA—Applying the Supreme Court's Broad Interpretation of the FDA Exemption for Patent Infringement |
|
| On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA) more |
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|
| 7/23/2007 |
Tax Alert: IRS Targeting Backdating Issue |
|
| On July 11 the IRS released an internal Industry Director Directive memorandum dated June 15, 2007 (the "Directive"), which designates transactions involving backdated stock options as a "Tier I Issue" for IRS agents. more |
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|
| 7/17/2007 |
Litigation Alert: No End of Trouble? Perfect 10 v. Visa International and Secondary Liability |
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| On July 3, 2007 the Ninth Circuit issued its decision in Perfect 10 v. Visa International Service Association, No. 05-15170, which addressed the secondary liability of credit card companies, affiliated banks, and data processing services under copyright, trademark, and various state law claims for processing credit card payments for websites that allegedly infringe Perfect 10's copyright and trademark rights. more |
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|
| 7/16/2007 |
New Patent Rules Looming: What Do They Mean for Your Portfolio? |
|
| The United States Patent & Trademark Office has proposed several sweeping new rules that will significantly alter how patent applications are treated. more |
|
|
| 7/13/2007 |
Top Five Practices for Implementing an Effective Trade Secret Preservation Program |
|
| Top Five Practices for Implementing an
Effective Trade Secret Preservation Program. more |
|
|
| 7/11/2007 |
Twombly and the Need to Plead Facts:The Antitrust Decision Every Litigator Needs to Know |
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| The foundation of any litigation is the complaint, and more specifically, the allegations made to support the plaintiff's claims. more |
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|
| 7/11/2007 |
Executive Compensation Alert—California Eases Rules for Stock Option Plans |
|
| Effective July 9, 2007, California liberalized its regulations concerning the permissible provisions of stock option plans. Practically every stock option plan of a privately-held company that has employees in California that participate in the plan can take advantage of this liberalization more |
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|
| 7/10/2007 |
Fenwick Employment Brief - July 10, 2007 |
|
| In an unusual decision specifically addressing a "no-hire clause," a California appellate court articulated some guidelines as to the enforceability of such provisions. more |
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|
| 7/5/2007 |
Litigation Alert: Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents |
|
| On July 5, the Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender. more |
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|
| 6/28/2007 |
Antitrust Alert: Supreme Court Overrules Per Se Rule Against "Vertical" Minimum Price Agreements between Manufacturers and their Distributors |
|
| On June 28, 2007, the Supreme Court issued its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, addressing the proper antitrust analysis of resale price maintenance under Section 1 of the Sherman Act, one of the most important federal antitrust statutes. more |
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|
| 6/26/2007 |
Intellectual Property Bulletin Summer 2007 |
|
| On May 23, 2007, Coca-Cola employee Joya Williams was sentenced to eight years in prison for trying to sell Coke's trade secrets to rival Pepsi. more |
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|
| 6/21/2007 |
Securities Litigation Alert—A Major Victory for Defendants in Securities Class Actions: Tellabs, Inc. v. Makor Issues & Rights, Ltd. |
|
| On June 21, 2007, the U.S. Supreme Court handed down a decision that provides welcome news to any public company, officer or director facing the prospect of a securities class action lawsuit. more |
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|
| 6/20/2007 |
U.S. Supreme Court Reconciles Antitrust Law and Securities Regulation |
|
| On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the U.S. Supreme Court issued an important decision about the relationship between the federal antitrust laws and the federal securities laws more |
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|
| 6/18/2007 |
International Patent Strategy: Springboard to Going Global |
|
| In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted. more |
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|
| 6/18/2007 |
Fenwick Employment Brief - June 18, 2007 |
|
| In a favorable decision for employers, the U.S. Supreme Court held that an employee's Title VII claim for sex discrimination — based on allegations of unequal pay compared to her male peers - was untimely because she waited several years following the allegedly discriminatory acts to bring her claim. more |
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|
| 6/1/2007 |
Playing by the Notice & Takedown Rules: Protection for Online Service Providers |
|
| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares. more |
|
|
| 5/24/2007 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (First Quarter 2007) |
|
| We analyzed the terms of venture financings for 117 companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2007. more |
|
|
| 5/24/2007 |
Antitrust Alert: Beware of HSR Filing Requirements for Option Exercises or Vesting of Restricted Stock |
|
| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares. more |
|
|
| 5/18/2007 |
The Basics of Early Stage Legal_Issues — A Guide for Entrepreneurs |
|
| This guide was prepared for TiEcon 2007. more |
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|
| 5/17/2007 |
Litigation Alert - Ninth Circuit Limits CDA Immunity for Internet Service Providers |
|
| On May 15, 2007, the Ninth Circuit issued an important decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
|
|
| 5/17/2007 |
Copyright Alert: Perfect 10 v. Google—Key Holdings: Website Framing Does Not Directly Infringe the Public Display Right; Image Search Engine Thumbnails Are Fair Use; and a New Test for Online Contributory Infringement |
|
| How fast do things change in "Internet time"? That was in substance one of the questions posed in yesterday's Ninth Circuit decision in Perfect 10 v. Google, which considered inter alia whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. more |
|
|
| 5/16/2007 |
Intellectual Property Strategy and Best Practices for R&D Services in China |
|
| China's Ministry of Commerce issued guidelines in March on attracting foreign investment in 2007. more |
|
|
| 5/9/2007 |
Fenwick Employment Brief - May 9, 2007 |
|
| Employers with 100 or more employees and federal contractors with 50 or more employees must comply with new Employer Information Report (EEO-1) requirements, including a revised report form that must be used in 2007 and revised collection and reporting requirements for 2008. more |
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|
| 5/1/2007 |
Litigation Alert - Microsoft Corp. v. AT&T Corp. — The Supreme Court Limits the Extraterritorial Effect of 35 U.S.C. §271(f) |
|
| On April 30, the Supreme Court issued an important decision affecting liability for patent infringement for computer software developed in the United States and distributed abroad. more |
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|
| 5/1/2007 |
Litigation Alert - KSR International Co. v. Teleflex Inc.—Ordinary Innovation is Obvious |
|
| On April 30, the Supreme Court in KSR International v. Teleflex, announced that "the results of ordinary innovation are not the subject of exclusive rights under the patent laws." more |
|
|
| 4/17/2007 |
Legal FAQ: Introduction to Patent Litigation |
|
| The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from practicing it. more |
|
|
| 4/17/2007 |
Legal FAQ: Introduction to Patent Law |
|
| A patent is a legal right to exclude others from practicing the patented invention for a limited period of time in exchange for disclosing the details of the invention to the public. more |
|
|
| 4/17/2007 |
Employment Law Alert: Payment for Missed Meal and Rest Periods Is a "Wage" Subject to Three-Year Statute of Limitations |
|
| In a unanimous decision, the California Supreme Court held that the hour of pay to which non-exempt employees are entitled when they are denied a meal or rest period constitutes a wage, not a penalty. more |
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|
| 4/16/2007 |
Executive Compensation Alert—IRS Issues Final Regulations Under Section 409A |
|
| On April 10, 2007, the IRS issued final regulations under Section 409A of the Internal Revenue Code of 1986, as amended (Section 409A). more |
|
|
| 4/12/2007 |
Securities Litigation Alert—Northern District of California Dismisses Shareholder Derivative Stock Options Backdating Case: In re CNET Networks, Inc., Shareholder Derivative Litig. |
|
| In a detailed and thoughtful decision—and one that is certain to be cited frequently in the months ahead—Judge William Alsup has dismissed a shareholder derivative complaint against various officers and directors of CNET Networks, Inc... more |
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|
| 4/11/2007 |
Fenwick Employment Brief - April 11, 2007 |
|
| In Cintas Corp. v. NLRB, the Court of Appeals for the District of Columbia Circuit ruled that an employer committed an unfair labor practice under the National Labor Relations Act (NLRA) by simply publishing its policy on confidentiality, even though the rule did not expressly forbid protected discussions nor was there evidence that the rule was used to prohibit protected activity. more |
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|
| 4/2/2007 |
Intellectual Property Bulletin Spring 2007 |
|
| The Supreme Court has ruled that patent licensees do not need to breach their license agreements before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed. more |
|
|
| 3/30/2007 |
Securities Litigation Alert—Tellabs, Inc. et al. v. Makor Issues & Rights, Ltd., et al. |
|
| On March 28, 2007, the United States Supreme Court heard oral argument in Tellabs, Inc., et al. v. Makor Issues & Rights, Ltd., et al., a case that promises to resolve a significant and long-standing disagreement among courts on interpretation of the requirement that plaintiffs in securities fraud actions plead a "strong inference" of scienter. more |
|
|
| 3/14/2007 |
2007 Update to Guide to Establishing a Subsidiary in India |
|
| Businesses in the U.S. continue to move a portion of their development, support and other operations offshore to India, primarily for cost-saving reasons. Venture capital investors may require such outsourcing in order to reduce a company's burn rate. more |
|
|
| 3/12/2007 |
Executive Compensation Alert: India Proposes that Employers Pay a 35% Tax on Stock-Related Compensation |
|
| The Government of India's proposed budget for 2007-2008 (commencing April 1, 2007) includes extending the 35% fringe benefit tax imposed on employers to the income their employees in India recognize on exercise of compensatory stock options. more |
|
|
| 3/12/2007 |
Fenwick Employment Brief - March 12, 2007 |
|
| In Walton v. U.S. Marshall Service, the Ninth Circuit clarified the legal standard for establishing a "regarded as" disability discrimination claim. Naomi Walton, a court security guard, was terminated from her employment after failing to meet her employer's hearing standard. more |
|
|
| 3/7/2007 |
Space-Shifting and Copyright: Can't Take it With You? |
|
| Issues arise in highly varied context involving different kinds of access to different kinds of content, provided through different technologies ... more |
|
|
| 3/7/2007 |
Audio Home Recording Act Does Not Protect Device Distributor Against Copyright Claims Arising From Broadcaster Role |
|
| In a case of first impression, and one of the few cases interpreting the statute at issue, a New York district court held that the Audio Home Recording Act, 17 U.S.C. §§ 1001 et seq. more |
|
|
| 3/1/2007 |
Litigation Alert: Northern California District Court Expands Information Retention Requirements |
|
| The United States District Court for the Northern District of California has revised Civil Local Rule 16-9 and issued a new Standing Order for all Judges regarding the required contents of Joint Case Management Statements ... more |
|
|
| 2/28/2007 |
2007 Update to Structuring Venture Capital and Other Investments in India |
|
| Many U.S. and other foreign investors are evaluating alternatives for structuring investments into software development, business process outsourcing, drug discovery and other tech and non-tech companies based in India. more |
|
|
| 2/23/2007 |
Litigation Alert: Supreme Court Imposes Limits on Punitive Damages Awards |
|
| On February 20, 2007, Philip Morris won temporary reprieve when the Supreme Court vacated a jury award of $79.5 million in punitive damages to the widow of a deceased smoker, Jesse Williams. more |
|
|
| 2/21/2007 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Fourth Quarter 2006) |
|
| We analyzed the terms of venture financings for 113 technology companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2006. more |
|
|
| 2/21/2007 |
Antitrust Alert: The Supreme Court issued its decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381 |
|
| On February 20, the Supreme Court issued its decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381, addressing the antitrust analysis of predatory bidding under Sherman Act Section 2. more |
|
|
| 2/12/2007 |
Tax Alert: IRS Program for Correcting Underwithholding of 409A Taxes on "Backdated Options" |
|
| The IRS has announced a voluntary correction program (the "Program") that employers can use to correct underwithholding of certain taxes incurred from the exercise in 2006 of "backdated options." more |
|
|
| 2/12/2007 |
Securities Litigation Alert—First Delaware Decisions on Option Grant Dating:Ryan v. Gifford and In re Tyson Foods, Inc. Consol. Shareholder Litig. |
|
| In two separate decisions issued on February 6, the Delaware Chancery Court weighed in for the first time on issues directly relating to the current wave of stock option matters. more |
|
|
| 2/7/2007 |
Fenwick Employment Brief - February 7, 2007 |
|
| A California court of appeal recently clarified
which kinds of conduct will support a hostile work environment harassment
claim under California’s Fair Employment and Housing Act (FEHA). more |
|
|
| 2/5/2007 |
2007 Update to Granting Stock Options in China |
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| This memorandum is an overview of the legal and strategic issues related to granting stock options in China, including understanding Chinese cultural views of employment and compensation, structuring option grants to comply with applicable Chinese currency controls and securities law restrictions and the tax consequences of options to the optionee. more |
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| 2/2/2007 |
Web Sites' CDA §230 Immunity: An Ever-Expanding Universe? |
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| The Federal Communications Decency Act of 1996 ("CDA") immunizes Web site operators and other interactive computer service providers from liability for third parties' tortious acts. more |
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| 1/19/2007 |
2007 Update to Investment and Operating in Restricted Industries in China |
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| There are a number of business sectors in China such as telecommunications services, online commerce and advertising in which direct foreign investment is restricted. more |
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| 1/19/2007 |
2007 Update to Guide to Establishing a Subsidiary in China |
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| As China's strength in the global economy continues to grow, businesses need to consider the prospect of establishing operations within its borders. more |
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| 1/19/2007 |
2007 Update to Doing Business in China via the Cayman Islands |
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| Many companies doing business in China are using a structure which includes a company formed under the laws of the Cayman Islands ("CI"). more |
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| 1/19/2007 |
IP Law in China: Works for Hire |
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| The work made for hire (sometimes abbreviated to work for hire or "WFH") doctrine is an exception to the general copyright rule that the person who actually creates a work is the legally-recognized author of that work. more |
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| 1/19/2007 |
Out of Sight, Out of Mind, Into Court |
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| Much has been written in recent years about the benefits and pitfalls associated with employee telecommuting arrangements. more |
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| 1/16/2007 |
Corporate and Securities Law Update - New HSR Thresholds and Waiting Periods Effective February 2007 |
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| The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase effective February 16 or 19, 2007 (depending on publication date), due to an annual adjustment mechanism that was created in the last round of amendments to the Act. more |
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| 1/10/2007 |
Litigation Alert - Supreme Court Knocks Down Federal Circuit Rule and Allows Licensees to Challenge a Licensed Patent |
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| Yesterday, the Supreme Court ruled in MedImmune v. Genentech that a patent licensee does not need to breach its license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed. more |
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| 1/5/2007 |
Corporate and Securities Law Update - SEC Adopts FAS 123R Practice for Disclosure of Share-Based Executive Compensation |
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| To close out 2006 the SEC has issued a welcome amendment of its Executive Compensation Disclosure Rules (adopted in July 2006) so that the calculation and reporting of the compensation from equity awards will be easier to compare with the values reported in the company's financial statements. more |
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| 1/2/2007 |
Fenwick Employment Brief - January 2, 2007 |
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| Although employee misuse of the internet is still rife with potential liability for employers, a recent California appellate court decision reduces the risk, at least as to one potential source of liability. more |
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| 12/19/2006 |
Congressional Balancing Act - The Trademark Dilution Revision Act of 2006 |
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| U.S. trademark law took another significant step forward in 2006 with the enactment of the long awaited, much debated amendments to the Federal Trademark Dilution Act (FTDA). more |
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| 12/19/2006 |
Litigation Alert - Settlement Agreements Executed During Mediation Are Only Admissible If They Include Clear Language Demonstrating the Parties' Intent to be Bound |
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| On December 14, 2006, the California Supreme Court ruled in Fair v. Bakhtiari, No. S129220, ___ Cal.4th ___ (Dec. 14, 2006), that under California Evidence Code section 1123(b), parties who mediated their dispute and signed a settlement memorandum did not clearly demonstrate their intent that the memorandum be enforceable, even though it contained an arbitration clause. more |
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| 12/18/2006 |
Litigation Alert - DOJ Revises Policy on Demanding Waiver of Attorney-Client Privilege |
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| On December 12, 2006, the Justice Department announced new guidelines for federal prosecutors to follow in charging business organizations. more |
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| 12/15/2006 |
Litigation Alert - En Banc Federal Circuit Adopts Specific Intent Standard for Inducement |
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| On Wednesday, December 13, 2006, the Federal Circuit resolved a split in authority over the standard for proving inducement of patent infringement. more |
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| 12/4/2006 |
Fenwick Employment Brief - December 4, 2006 |
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| The recent settlement of class action overtime lawsuits against IBM and Siebel confirm that the plaintiffs' bar has its sights set on the technology industry, with an aggressive attack on the historical treatment of most engineers and other technology workers as exempt from overtime compensation. more |
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| 11/28/2006 |
Copyright Alert: New Exemptions from DMCA Anti-Circumvention Rules Primarily Impact Narrowly Circumscribed Uses and Industries |
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| Effective November 27, 2006, the Librarian of Congress announced the adoption of six exemptions to the Digital Millennium Copyright Act's ("DMCA") anti-circumvention provision, the exemptions to apply for the next three years. more |
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| 11/28/2006 |
Copyright/DMCA Developments |
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| The years 2005 and 2006 have seen a substantial group of decisions, including some cases of first impression that flesh out the law of primary and secondary liability, fair use, and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. more |
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| 11/20/2006 |
The California Supreme Court Considers Web Site Immunity |
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| The California Supreme Court decided the Barrett v. Rosenthal case on Monday, November 20, 2006, holding that Section 230 provides immunity for distributor liability as well as publisher liability. more |
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| 11/20/2006 |
Intellectual Property Bulletin Fall 2006 |
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| The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute and modify covered software provided they do so in a manner consistent with the "free" nature of the software. more |
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| 11/16/2006 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Third Quarter 2006) |
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| We analyzed the terms of venture financings for 120 technology companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2006. more |
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| 11/8/2006 |
Just Say ... Maybe (Arbitration Finality) |
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| "Three strikes you're out – sort of." That's what a California court has basically told a party that asked the court to overturn an arbitrator's award. more |
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| 11/7/2006 |
Form 8-K Reference Chart |
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| A detailed reference chart that highlights event triggers and disclosure requirements for each section of the Form 8-K, updated. more |
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| 11/7/2006 |
Form 8-K Summary Chart |
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| An at-a-glance chart that outlines the Form 8-K disclosure items, corresponding items from the prior Form 8-K, relation to safe harbor provisions and Form S-3 eligibility, updated. more |
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| 11/6/2006 |
Fenwick Employment Brief - November 6, 2006 |
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| On October 10, 2006, the Ninth Circuit Court of Appeals held that a disabled employee need not prove he was a "qualified" individual to demonstrate disability discrimination. more |
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| 10/31/2006 |
Beware the Dangers of Arbitrators Morphing Into Mediators |
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| Flexibility and adaptability are hallmarks of alternative dispute resolution, and the ability to fit procedures to the needs of the particular quarrel is often central to realizing the benefits of arbitration and mediation. more |
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| 10/31/2006 |
Litigation Alert - Transforming Uses of a Celebrity's Likeness Are Protected by the First Amendment |
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| On September 25, 2006, the California Court of Appeal ruled in Kirby v. Sega of America, Inc., No. B183820 (Cal. Ct. App. Sept. 25, 2006), that the First Amendment provides a complete defense for misappropriation of a celebrity's likeness and image where the defendant's use is transformative more |
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| 10/31/2006 |
Potential Defenses of Implied Patent License Under the GPL |
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| The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute, and modify covered software provided they do so in a manner consistent with the "free" nature of the software. more |
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| 10/27/2006 |
Early Stage Financing Term Sheets — Zero2IPO Workshop, Beijing, China |
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| Assumes Caymans, BVI, US or other non-domestic China Corporation / Seed Financing Terms / Issues in China Venture Capital Deals / Venture Capital Financing Terms more |
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| 10/17/2006 |
Fenwick Employment Brief - October 17, 2006 |
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| A California appellate court decision, Edwards v. Arthur Andersen, previously reported in the September 1, 2006, Fenwick Employment Alert, has stirred considerable debate within the employment law community about the enforceability of broad general release and covenant-not-to-sue provisions. more |
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| 10/5/2006 |
Corporate and Securities Law Update - Extension of Required 409A Compliance Date |
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| The Internal Revenue Service and the Treasury Department issued Notice 2006-79 (the "Notice") on October 4, 2006. more |
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| 9/27/2006 |
D&O Liability Insurance—Coverage Risks for Innocent Directors and Officers |
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| Innocent directors and officers are at risk of losing D&O insurance coverage because of the knowledge or acts of other insureds. more |
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| 9/25/2006 |
Fenwick Employment Brief - September 25, 2006 |
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| In Strategix v. Infocrossing West, Inc., the court held that a nonsolicitation covenant prohibiting the seller of a business from soliciting all of the purchaser's employees and customers was overbroad and unenforceable. more |
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| 9/18/2006 |
Litigation Alert - California Court of Appeal Rules Contractual Provisions to Submit Disputes to Judicial Referee Are Enforceable |
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| On August 21, 2006, the California Court of Appeal ruled in Woodside Homes of California Inc. v. Superior Court (Wheeler), 06 C.D.O.S. 7777, that pre-dispute contractual agreements to submit controversies to a judicial referee pursuant to California Code of Civil Procedure more |
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| 9/6/2006 |
Fenwick Employment Brief - September 6, 2006 |
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| A recent decision by the Ninth Circuit emphasizes the importance of putting employees on notice that their computer and internet activity may be monitored. more |
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| 9/1/2006 |
Employment Law Alert - September 1, 2006 |
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| A California appellate court expressly rejected a "narrow restraint" exception to California's non-compete statute, an exception relied on by federal courts to enforce non-competes against California employees where the restraint excludes an employee from a narrow portion of his or her profession. more |
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| 9/1/2006 |
Litigation Alert—California Court Rejects "Narrow Restraint" Exception to State's Prohibition on Non-Compete Agreements |
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| A California appellate court expressly rejected a "narrow restraint" exception to California's non-compete statute, an exception relied on by federal courts to enforce noncompetes against California employees where the restraint excludes an employee from a narrow portion of his or her profession.. more |
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| 8/22/2006 |
Corporate and Securities Law Update - SEC Adopts Sweeping Changes to Executive and Director Compensation Disclosure Rules |
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| On July 26, 2006, the SEC adopted sweeping changes to its rules for disclosing compensation of executive officers and directors of public companies, information about related person transactions, director independence and other corporate governance matters. more |
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| 8/18/2006 |
Litigation Alert - Northern District of California Rules Online Auction Buyer Must Sue in Seller's Forum |
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| Recently, Chief Judge Vaughn Walker of the Northern District of California ruled in Boschetto v. Hansing (Case No. C-06-1390, order issued July 13, 2006) that a Wisconsin resident's sale of a vehicle on eBay to a California resident did not give rise to personal jurisdiction in California. more |
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| 8/17/2006 |
Fenwick Employment Brief - August 17, 2006 |
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| The California Supreme Court recently concluded that the "at will" doctrine is alive and well in California. more |
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| 8/1/2006 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Second Quarter 2006) |
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| We analyzed the terms of venture financings for 90 technology companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2006. more |
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| 7/31/2006 |
Notable New Cases in Copyright/
DMCA Litigation (2005-2006) |
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| The year 2005-06 has seen a substantial group of decisions—including some cases of first impression—that flesh out the law of primary and secondary liability, fair use and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. more |
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| 7/31/2006 |
Beware the Dangers of Arbitrators Morphing Into Mediators |
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| Flexibility and adaptability are hallmarks of alternative dispute resolution, and the ability to fit procedures to the needs of the particular quarrel is often central to realizing the benefits of arbitration and mediation. more |
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| 7/27/2006 |
Court Shifts Balance Between
Trade Secrets and Public Interest |
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| Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal. O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006). more |
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| 7/26/2006 |
Fenwick Employment Brief - July 26, 2006 |
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| In an unfavorable decision for employers, the U.S. Supreme Court held that adverse actions which do not cause tangible economic harm to employees may nevertheless constitute retaliation in violation of Title VII. more |
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| 7/25/2006 |
Litigation Alert - Ninth Circuit Extends Sublicensing Rule to Trademark Licenses |
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| On July 19, 2006, the Ninth Circuit held in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. 2006) that a licensee of trademark and related publicity rights does not have the right to sublicense those rights to third parties without the licensor's express permission. more |
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| 7/24/2006 |
Litigation Alert - Supreme Court of California Holds Proposition 64 Applicable to Pending Unfair Competition Law Cases |
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| In November 2004, California voters passed Proposition 64 to purge the abusive use of private "representative" actions under California's Unfair Competition Law ("UCL") and False Advertising Law ("FAL") (respectively, California Business & Professions Code Sections 17200 and 17500, et seq.). more |
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| 7/14/2006 |
Litigation Alert - New Prop 64 Decision Affects Class Actions Under California's Unfair Competition Law: Pfizer Inc. v. Superior Court |
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| Under the California Court of Appeal's July 11, 2006 decision in Pfizer Inc. v. Superior Court, class action plaintiffs seeking to bring unfair business practices or false advertising claims against California businesses now face a greater preemptive challenge. more |
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| 7/11/2006 |
Litigation Alert - LG Electronics, Inc. v. Bizcom Electronics, Inc. |
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| On July 7, 2006, the Federal Circuit ruled in the case of LG Electronics, Inc. v. Bizcom Electronics, Inc., Civ. 05-1261, that a license agreement that disclaimed an implied license may also establish a conditional sale, thus defeating the application of patent exhaustion. more |
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| 7/6/2006 |
2006 Update to Structuring Venture Capital and Other Investments in India |
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| Many U.S. and other foreign investors are evaluating alternatives for investments into software development, business process outsourcing, drug discovery and other services companies based in India. more |
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| 6/30/2006 |
Intellectual Property Bulletin Summer 2006 |
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| A patent gives its owner the right to exclude others from making, using and selling the claimed invention. Thus, patent rights give a patentee great control over who uses his or her invention. more |
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| 6/23/2006 |
Litigation Alert - Supreme Court Dismisses LabCorp Appeal |
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| The U.S. Supreme Court yesterday opted to dismiss a case having potentially broad implications for the question of what constitutes patentable subject matter. more |
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| 6/12/2006 |
Fenwick Employment Brief - June 12, 2006 |
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| In Estee Lauder Co. v. Batra, a federal district court judge in New York granted a preliminary injunction against a former Estee Lauder senior executive who allegedly breached his noncompete agreement by taking a job with a rival cosmetics maker. more |
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| 6/1/2006 |
Litigation Alert - California Court Blocks Subpoenas Aimed at Bloggers' Source of Trade Secret Information |
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| On May 26, 2006, the California Court of Appeals, Sixth District, issued a unanimous decision striking down subpoenas to Internet "news" sites seeking the source of leaked trade secret information. more |
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| 5/24/2006 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (First Quarter 2006) |
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| We analyzed the terms of venture financings for 101 technology companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2006. more |
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| 5/17/2006 |
Going to the Videotape: An Introduction to the Patent System |
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| Patentees enter every jury trial with one distinct advantage: an official, ribboned copy of the patent at issue in the case.
This trial exhibit comes embossed with the seal of the Patent and Trademark Office and signed by the director of that office. more |
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| 5/15/2006 |
Litigation Alert - eBay v. MercExchange: Supreme Court Clarifies Test for Permanent Injunction in Patent Cases |
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| A decision today by the United States Supreme Court is likely to impact the dynamic in many patent litigation lawsuits brought by companies that purchase patents in order to sue other companies for infringing them. more |
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| 5/10/2006 |
Fenwick Employment Brief - May 10, 2006 |
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| The California Supreme Court recently issued a unanimous decision holding that three writers for the sitcom "Friends" did not sexually harass their former assistant, even though the assistant was exposed to coarse sexual humor during brainstorming sessions in which potential... more |
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| 5/2/2006 |
2006 Update to Granting Stock Options in India |
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| This is an overview of the legal and strategic issues related to a U.S. parent company granting stock options to employees of its Indian subsidiary, including consideration of exchange controls, securities laws and obtaining possible tax benefits for an optionee. more |
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| 2/7/2006 |
Trademark Selection and Protection for High Technology Companies |
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| Among a company's most valuable assets are the symbols by which that company and its products or services are known to the public. more |
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