| 2/2/2012 |
Corporate Governance Practices and Trends |
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| Although this publication is new, for many years Fenwick has collected information on the corporate governance practices of publicly traded companies in order to counsel our clients on best practices and industry norms in corporate governance. more |
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| 1/26/2012 |
Antitrust Alert: New HSR Thresholds for 2012 |
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| The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect near the end of February (exact date still pending). more |
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| 1/24/2012 |
Executive Compensation Alert: IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers |
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| This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to stock issued to employees (or former employees) upon the exercise of an incentive stock option (an "ISO")... more |
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| 1/20/2012 |
A Comparison of US and EU Biosimilars Regimes |
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| Economic barriers, along with regulatory complexity and uncertainty, are shaping the biosimilars industry into something entirely different from the generic small molecule pharmaceutical industry. The sharp demarcation between branded and generic small molecule pharmaceutical companies may not exist in the biologics context. more |
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| 1/10/2012 |
Fenwick Employment Brief - January 2012 |
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| In a major wage/hour ruling, the California Supreme Court clarified the test used to analyze whether the administrative exemption to overtime applies to employees. more |
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| 12/21/2011 |
Copyright Alert: UMG v. Shelter Capital/Veoh Video Website and Its Investors Win Another Round As Ninth Circuit Rejects DMCA Safe Harbor Challenges |
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| In an important decision upholding the application of the safe harbors of the Digital Millennium Copyright Act and addressing claims against investors for secondary copyright infringement, the Ninth Circuit Court of Appeals on Tuesday upheld summary judgment and a Rule 12(b)(6) dismissal in favor of Veoh Networks Inc. and its investors. more |
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| 12/14/2011 |
Fenwick Employment Brief - December 2011 |
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| In Kennedy v. Glen Mills School, a federal court in Pennsylvania dismissed a terminated employee's claim of disability discrimination (based on alleged alcoholism) because the employee... more |
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| 12/6/2011 |
Patent Litigation Alert: In re Link_A_Media Devices Corp. |
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| On December 2, 2011, the Federal Circuit in In re Link_A_Media Devices made a significant ruling affecting the District of Delaware’s hold on suits filed against Delaware corporations that operate outside of the District. more |
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| 11/30/2011 |
Executive Compensation Alert: ISS Issues Policy Updates for 2012 Proxy Season |
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| On November 17, 2011, Institutional Shareholder Services (ISS) released updates to its proxy voting guidelines. The updated policies will apply to all publicly-traded companies holding shareholder meetings on or after February 1, 2012. more |
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| 11/17/2011 |
Trends in Terms of Venture Financing In Silicon Valley (Third Quarter 2011) |
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| We analyzed the terms of venture financings for 113 companies headquartered in Silicon Valley that reported raising money in the third quarter of 2011. more |
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| 11/16/2011 |
Litigation Alert: Federal Circuit Holds Reasonable Royalty Damages May Exceed Lost Profits; Incorrect Petitions to Make Special Do Not Meet the Therasense "Affirmative Egregious Misconduct" |
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| On Monday, November 14, 2011, the Federal Circuit in Powell v. The Home Depot U.S.A., Inc. made two significant rulings regarding patent damages and inequitable conduct. more |
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| 11/10/2011 |
Fenwick Employment Brief - November 10, 2011 |
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| Governor Brown approved several additional laws that take effect January 1, 2012 and add to employer obligations. more |
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| 10/17/2011 |
IP Law360 Profile: Q&A with Fenwick’s Jennifer Stanley |
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| IP Law360 Profile: Q&A with Fenwick’s Jennifer Stanley more |
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| 10/15/2011 |
Intellectual Property Fall Bulletin 2011 |
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| A decade ago, when what would later be known as "cloud" services began to darken
the skies of music copyright-holders, and mobile devices were in their adolescence,
entrepreneur Michael Robertson... more |
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| 10/11/2011 |
Fenwick Employment Brief - October 11, 2011 |
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| The Internal Revenue Service ("IRS") recently announced a program to encourage employers to reclassify workers who were previously misclassified as independent contractors. more |
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| 10/7/2011 |
Trademark Podcast: Potential Trademark Issues with the New .xxx Domain |
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| As a follow-up to our August 22, 2011 Fenwick & West LLP Trademark Alert, Sally M. Abel, Chair of the firm's Trademark Group, was recently interviewed by Reuters Legal Currents regarding trademark issues relating to the new .xxx domain for the adult entertainment industry. more |
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| 10/7/2011 |
Spoliation of ESI Risks Criminal Prosecution |
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| A prime topic for discussion at the Executive Counsel eDiscovery briefings continues to be the interaction between the various Electronic Discovery ("eDiscovery") process stakeholders. more |
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| 10/6/2011 |
Classen v. Biogen Idec et al. – The Latest Installment in the Patent-Eligibility Arena |
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| On August 31, 2011, the Federal Circuit issued its long-awaited decision in Classen Immunotherapies, Inc. v. Biogen Idec et al. more |
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| 9/19/2011 |
Fenwick Emploment Brief - September 19, 2011 |
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| In a troubling case for employers, a California court of appeal held in Pantoja v. Anton that it was prejudicial error for a trial court to exclude so-called "me too" evidence of sexual harassment of other employees. more |
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| 9/14/2011 |
Advanced Copyright Issues on the Internet |
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| During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds. more |
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| 9/12/2011 |
Patent Alert: Historic Patent Reform Passes Congress, but Will Have Minimal Effect on Most Companies |
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| On September 8, 2011, the Senate passed, without amendment, the House version of patent reform legislation. more |
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| 8/29/2011 |
Patenting Personalized Medicine Inventions after Myriad |
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| The Federal Circuit's recent decision in Assoc. for Mol. Pathology v. USPTO (2010-1406) (informally referred to as the Myriad decision), provides some clarity to entrepreneurs and scientists working in the personalized medicine industry. more |
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| 8/24/2011 |
While the Recession Has Slowed Diversity Efforts at Some Firms, Two Partnerships Push Forward with Persistence and Innovation |
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| While the legal profession has made strides in the last decade or so in hiring and promoting minority, women, and lesbian and gay attorneys, diversity efforts at many firms have waned since the recession hit,
according to several sources and a recent survey. more |
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| 8/23/2011 |
Court Rejects Google Books Settlement – Quick Guide to the Decision |
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| Twelve million scanned books and six years after Google was sued for digitizing entire libraries of books without authorization, in late March 2011 Federal District Judge Denny Chin rejected a controversial settlement of the class action suit. Authors Guild v. Google Inc., 05 Civ. 8136 (Opinion, March 22, 2011). more |
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| 8/22/2011 |
Trademark Alert:.XXXtra Concerns for Trademark Owners: The New .XXX Domain Name |
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| The newest domain extension—.xxx—is about to make its debut, much to the chagrin of trademark owners who wince at the prospect of use of their trademark as a domain in an online space purportedly reserved for the adult entertainment industry. more |
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| 8/18/2011 |
Copyright Alert: Second Circuit Negates First Sale Right for Foreign-Made Works of Authorship |
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| In a startling and potentially far-reaching decision, a divided panel of the Second Circuit held this week that the first sale doctrine of 17 U.S.C. § 109(a) does not apply to copies of works manufactured outside of the United States. John Wiley & Sons, Inc. v. Kirtsaeng, 2011 WL 3560003 (2nd Cir. Aug. 15, 2011) ("Wiley"). more |
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| 8/17/2011 |
Trends in Terms of Venture Financing In Silicon Valley (Second Quarter 2011) |
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| We analyzed the terms of venture financings for 117 companies headquartered in Silicon Valley that reported raising money in the second quarter of 2011. more |
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| 8/16/2011 |
Fenwick Emploment Brief - August 16, 2011 |
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| The National Labor Relations Board (“NLRB”) ruled last month that an employer’s termination of non-unionized employees who had appeared on a television newscast wearing their uniforms while making disparaging statements about the employer violated the National Labor Relations Act more |
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| 8/9/2011 |
Intellectual Property Summer Bulletin 2011 |
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| On March 22, Amazon launched the Appstore for Android, bringing video games to the fingertips of thousands of Android users who, like their iPhone and iPad-toting friends, can now purchase and play video games anywhere, anytime. more |
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| 8/9/2011 |
Mari J. Frank Interviews Robert D. Brownstone on Privacy Piracy |
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| Mari J. Frank Interviews Robert D. Brownstone on Privacy Piracy more |
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| 8/5/2011 |
First to File in the Unpredictable Arts: Change in Law Requires Balancing of Competing Interests |
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| Currently pending before Congress is the "America Invents Act." Although patent reform has been proposed several times in the past decade, this year its imminent passage is widely expected. more |
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| 8/4/2011 |
Litigation Alert: Ninth Circuit Rejects Presumption of Irreparable Harm in Copyright Cases |
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| Copyright defendants have a reason to thank Perfect 10, Inc. this week; the serial—and serially unsuccessful—plaintiff’s latest appeal has resulted in a decision that will make it significantly more difficult for copyright owners to obtain preliminary and permanent injunctions against alleged infringers in the Ninth Circuit. more |
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| 7/27/2011 |
New Media, New Rules: Copyright Strategies in the Age of Apps |
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| Thomson CompuMark interviewed Jennifer Stanley, an associate in the firm's Intellectual Property Group, about the rise of new media and transformation from Internet-based content and social media sites to interactive games and mobile phone applications. more |
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| 7/21/2011 |
Business Travel Security Holes--and How to Plug Them |
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| Tips on how to make your computer and company's information more secure while traveling. more |
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| 7/20/2011 |
Death of a Paper Salesman? An Analysis of Going Paperless |
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| With the "going green" movement and the rising costs of operating a business, many companies are opting – or at least attempting – to go "paperless." more |
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| 7/13/2011 |
Fenwick Employment Brief - July 13, 2011 |
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| A series of recent cases demonstrate a growing tendency among federal courts in the Northern District of California towards greater scrutiny and limitation of wage and hour class actions more |
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| 7/7/2011 |
Fenwick & West Employment Brief Special Bulletin - July 2011 |
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| In a disappointing result for employers with potentially far-reaching consequences, the California Supreme Court ruled in Sullivan v. Oracle Corporation that California employers must apply state overtime rules to out-of-state employees who perform work within California. more |
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| 6/30/2011 |
"Unlimited Vacation" Policies Gaining Traction |
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| In California and elsewhere, several companies have moved away from traditional vacation accrual policies to an unlimited vacation ... more |
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| 6/23/2011 |
Fenwick & West Employment Brief Special Bulletin - June 2011 |
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| In a far-reaching and favorable decision for employers, the U.S. Supreme Court in Wal-Mart Stores, Inc. v. Dukes barred the "most expansive class action ever" as lacking evidence of the "common policy of discrimination" necessary for class treatment. more |
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| 6/17/2011 |
Late Night With eDiscovery Nightmare-man? Top Ten Ways to Help Your CEO Sleep More Easily . . . |
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| Many an organization waits until it has seen the corporate body on the table in a lawsuit or in a government proceeding before implementing an electronic-discovery preparedness program. more |
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| 6/15/2011 |
The Patentability Black Hole |
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| An inventor faces a number of significant hurdles and pitfalls in patenting his invention. Having a patent specification providing proper and sufficiently thorough disclosure of the invention being claimed by the patentee can, by itself, be a large hurdle, especially in the biosciences where experimental data is essential. more |
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| 6/14/2011 |
Fenwick Employment Brief - June 2011 |
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| In California, certain commissioned salespersons may be properly classified as exempt from overtime. more |
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| 6/13/2011 |
Corporate and Securities Alert: FAQs re Dodd-Frank Whistleblower Rules |
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| The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act "Dodd-Frank") added Section 21F to the Exchange Act, entitled "Securities Whistleblower Incentives and Protection." more |
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| 6/10/2011 |
Litigation Alert: The U.S. Supreme Court Upholds a Clear and Convincing Evidentiary Standard for Patent Invalidity under 35 U.S. C. §282 |
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| On Thursday June 9, 2011, the Supreme Court, by an 8-0 decision, held that a party challenging validity of a patent must prove invalidity by clear and convincing evidence rather than by a preponderance of evidence under 35 U.S.C. §282 more |
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| 6/8/2011 |
Trends in Terms of Venture Financing In Silicon Valley (First Quarter 2011) |
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| We analyzed the terms of venture financings for 122 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2011. more |
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| 6/6/2011 |
Privacy Piracy KUCI Broadcast |
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| Robert Browstone, the Director of Law and Technology at Fenwick & West LLP speaks about information security. more |
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| 6/1/2011 |
Privacy of Email and Text Messages – Case Law Sprinting to Catch Up to Modern Technology |
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| Perhaps in an effort to sync up with technological mores, over the past year courts have been taking unprecedented stances that limit an individual's right to privacy in the workplace and elsewhere. more |
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| 5/26/2011 |
Trends in Legal Terms in Venture Financings in Israel (2010 Annual Survey) |
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| We have analyzed the terms of venture financings for Israeli and Israeli-related technology companies that reported raising money in 2010. Our survey does not include financing rounds of less than US $500,000. The tables below also show, for purposes of comparison, the results of our previously released surveys. more |
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| 5/26/2011 |
Patent Alert: Federal Circuit's Therasense Decision Toughens Standards for Establishing Inequitable Conduct |
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| Responding to views from the United States Patent and Trademark Office ("PTO") and elsewhere about the unintended consequences of the inequitable conduct doctrine in its current form... more |
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| 5/23/2011 |
Knockoffs, the Nemesis of the Gaming World |
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| On March 22, Amazon launched the Appstore, bringing video games to the fingertips of thousands of Android users who, like their iPhone and iPad-toting friends, can now purchase and play video games anywhere, anytime. more |
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| 5/13/2011 |
Litigation Alert: Ninth Circuit Confirms Viability of "Desny" Claim Based On Promise To Pay For Use Of An Idea |
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| On May 4, 2011, the Ninth Circuit, sitting en banc, confirmed that copyright law does not preempt implied-in-fact contract claims based on a bilateral expectation that the defendant would compensate the plaintiff for the use of his or her idea. more |
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| 5/13/2011 |
Fenwick Employment Brief - May 2011 |
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| In Wills v. Superior Court of Orange County, a California appellate court considered the case of Linda Wills, a long-time employee of the Orange County Superior Court who suffers from bipolar disorder that subjects
her to depressive and manic episodes. more |
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| 5/12/2011 |
Corporate and Securities Alert: SEC Moves More Toward Annual-Based Reporting Approach to Compensation Disclosures |
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| The staff of the Securities and Exchange Commission ("the Staff") is engaged in a general movement away from taking an event-based reporting approach to compensation disclosures on Form 8-K in favor of taking an annual-based reporting approach. more |
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| 5/12/2011 |
IP & Technology Litigation Alert: Prior Litigation Between Competitors Relevant to Establish Liability and Fashion Remedies in False Advertising Suit |
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| The U.S. Court of Appeals for the Fourth Circuit recently issued a unanimous decision upholding a $13.5 million jury verdict and permanent injunction in a federal false advertising suit involving comparative advertisements targeting a direct competitor. more |
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| 5/5/2011 |
Intellectual Property Bulletin Spring 2011 |
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| "Personalized medicine" refers to the use of patient-specific information to better inform medical care. Even now, certain DNA sequence information and measures of various "biomarker" levels are used to guide diagnostic or treatment decisions. more |
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| 5/2/2011 |
Litigation Alert: Ninth Circuit Holds Computer Fraud and Abuse Act Criminalizes Employee’s Access To Information In Violation Of Employer’s Express Access Limitations |
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| On Thursday, April 28, 2011, the Ninth Circuit, in a split decision, held that an employee could be criminally liable under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”), for exceeding authorized access to an employer’s computer system by accessing proprietary information in violation of the employer’s written policies. more |
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| 4/28/2011 |
Corporate and Securities Alert: Say-on-Pay: Pay-for-Performance Can Turn an ISS Voting Recommendation |
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| The 2011 proxy season is well underway and companies are taking seriously voting recommendations on Say-on-Pay proposals issued by Institutional Shareholder Services (ISS). more |
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| 4/28/2011 |
Litigation Alert: U.S. Supreme Court Enforces Class Action Waivers in Consumer Arbitration Agreements |
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| On Wednesday April 27, 2011, the Supreme Court, by a 5-4 decision, overturned California’s refusal to enforce waivers of class action rights in consumer arbitration agreements, holding that the Federal Arbitration Act more |
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| 4/28/2011 |
Yammer, Chatter, Hot Water |
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| Managers have long been advised to think twice before putting something embarrassing or incriminating in an e-mail, and yet the informal nature of the medium often makes for blunders. more |
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| 4/11/2011 |
Labor and Employment Roundtable: Current Issues in California and Federal Employment Law |
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| Technological innovations have introduced a host of new legal questions to the employment law area. Thanks to computer and mobile technology, workforces are increasingly virtual and global, creating new tensions in labor law compliance, particularly when it comes to wage-and-hour requirements. more |
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| 4/8/2011 |
Fenwick Employment Brief - April 2011 |
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| The Supreme Court ruled last month that workers who complain about wage violations to their employer
are protected from retaliation under the Fair Labor Standards Act (FLSA) more |
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| 4/7/2011 |
2010 Silicon Valley and Seattle Angel/Seed Financing Survey for Internet/Digital Media and Software Industries |
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| We believe that in recent years there has been a significant change in the angel/seed financing environment primarily in the internet/digital media and software industries. more |
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| 4/7/2011 |
Compensation Committee Best Practices |
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| Best practice for Compensation Committees, like other aspects of corporate governance, is evolving more |
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| 4/6/2011 |
Executive Compensation Alert: SEC Proposes New Rules for Compensation Committees and Compensation Consultants |
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| The SEC has proposed rules to implement Dodd-Frank Act Section 952, requiring national securities exchanges to prohibit the initial or continued listing of any stock of a company that does not satisfy Compensation... more |
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| 3/18/2011 |
Patent Litigation Alert: Recent Developments and Potential Changes in the Litigation of False Marking Claims Under 35 U.S.C. § 292 |
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| Patent Litigation Alert: Recent Developments and Potential Changes in the Litigation of False Marking Claims Under 35 U.S.C. § 292 more |
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| 3/14/2011 |
Fenwick Employment Brief - March 2011 |
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| In a troubling decision for employers, the United States Supreme Court has endorsed the so-called "cat's paw" doctrine of employment discrimination. more |
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| 3/10/2011 |
Litigation Alert: Ninth Circuit Clarifies Standards For Keyword Advertising Trademark Cases |
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| On March 8, 2011, the Ninth Circuit in Network Automation, Inc. v. Advanced Systems Concepts, Inc., No. 10-55840, provided much needed clarification of how courts should approach cases of alleged trademark infringement involving Internet keyword advertising. more |
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| 3/4/2011 |
Privacy of Email and Text Messages - Case Law Sprinting to Catch Up with Modern Technology |
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| Bob Brownstone and Sheeva J. Ghassemi-Vanni co-authored an article that examines the current state of privacy law, particularly as it applies to email and text messages. more |
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| 3/2/2011 |
Trends in Terms of Venture Financing In Silicon Valley (Fourth Quarter 2010) |
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| We analyzed the terms of venture financings for 95 companies headquartered in Silicon Valley that reported raising money in the fourth quarter of 2010. more |
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| 2/23/2011 |
Privacy Alert - Pineda v. Willams-Sonoma Stores, Inc.: California Supreme Court Interprets Personal Identification Information to include ZIP Code |
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| In Pineda v. Willliams-Sonoma Stores, Inc., S178241 (Cal. Supreme Court, February 10, 2011) (Pineda), the California Supreme Court held that the Song-Beverly Credit Card Act of 1971 (the "Credit Card Act"), more |
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| 2/4/2011 |
Fenwick Employment Brief - February 2011 |
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| The United States Supreme Court, in Thompson v. North American Stainless, LP, extended the scope of Title VII’s anti-retaliation protections by ruling that an employee who was terminated shortly... more |
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| 1/27/2011 |
Corporate and Securities Alert: “Say on Pay” Final Rules |
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| On January 25, 2011, the SEC issued final rules (“Final Rules”) designed to implement provisions of the Dodd-Frank Act relating to shareholder approval of executive compensation and golden parachute compensation arrangements more |
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| 1/25/2011 |
Antitrust Alert: New HSR Thresholds for 2011 |
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| The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect February 24. All transactions closing on or after the effective date will be governed by the new thresholds. more |
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| 1/24/2011 |
Patent Law Year in Review: A Look Back at 2010 and a Look Ahead at 2011 |
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| Patent Law Year in Review: A Look Back at 2010 and a Look Ahead at 2011 more |
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| 1/20/2011 |
Privacy Alert - FTC’s Proposed Framework for the Protection of Consumer Privacy: A Signal of Expanded Regulation and FTC Oversight? |
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| The FTC Report, which proposes a new framework for protecting consumer privacy, is intended to inform policymakers, as they develop policies and enact privacy-related laws, and to guide and motivate businesses, as they develop and implement best practices and self-regulatory guidelines. more |
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| 1/14/2011 |
Intellectual Property Bulletin Winter 2010-2011 |
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| On November 29, 2010, the Supreme Court granted certiorari in Microsoft Corporation v. i4i Limited Partnership, 598 F.3d 831 (Fed. Cir. 2010), cert. granted, 79 U.S.L.W. 3326 (U.S. Nov. 29, 2010) (No. 10-290), a case that could prove to be a patent litigation game-changer. more |
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| 1/7/2011 |
Fenwick Employment Brief - January 2011 |
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| In a recent California Court of Appeals ruling, an employer was allowed to proceed with a defamation lawsuit seeking damages and injunctive relief against former employees and a community activist who publicly claimed that the employer was racist when... more |
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| 1/6/2011 |
Patent Litigation Alert: What Kind of Bag Holds a $19B Cat? Uniloc v. Microsoft: Federal Circuit Rules on Reasonable Royalty Damages Issues |
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| On January 4, 2011 the Federal Circuit in Uniloc USA, Inc. v. Microsoft Corp. made two significant rulings on recurring issues in the area of patent damages... more |
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| 1/3/2011 |
Summary of Covenants Not To Compete: A Global Perspective |
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| Fenwick & West participated in a substantial collaborative effort by the members of The Techlaw Group on the subject of Covenants Not to Compete. The publication is a compilation of the laws regarding noncompetition agreements covering the United States and several European countries. more |
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| 12/21/2010 |
Executive Compensation Alert: Section 409A End of Year Guidance |
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| On November 30, 2010 the Internal Revenue Service ("IRS") issued Notice 2010-80 regarding corrections procedures under Section 409A and deferred compensation arrangements. more |
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| 12/15/2010 |
Fenwick Employment Brief - December 2010 |
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| According to a recent California appellate opinion, a compensation plan provision promising a future reduced sales quota upon achievement of certain age and tenure requirements may result in a binding contract the employer could not alter after the requirements had been met. more |
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| 12/6/2010 |
Executive Compensation Alert: New IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers |
|
| This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986... more |
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| 11/22/2010 |
Trends in Terms of Venture Financing In Silicon Valley (Third Quarter 2010) |
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| We analyzed the terms of venture financings for 107 companies headquartered in Silicon Valley that reported raising money in the third quarter of 2010. more |
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| 11/11/2010 |
Litigation Alert: The Federal Circuit Issues Writ of Mandamus to Transfer Patent Suit from the Eastern District of Texas |
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| The Federal Circuit has taken away another tool used by patent plaintiffs to keep lawsuits in the Eastern District of Texas in spite of motions to transfer by defendants. more |
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| 11/10/2010 |
Fenwick Employment Brief - November 2010 |
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| In EEOC v. Prospect Airport Services, Inc., plaintiff Rudolpho Lamas was allowed to proceed with his case for sexual harassment by a co-worker after the federal Ninth Circuit Court of Appeals reversed a summary judgment in the employer's favor. more |
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| 10/19/2010 |
Intellectual Property Bulletin Fall 2010 |
|
| On September 10, 2010, the U.S. Court of Appeals, Ninth Circuit issued a much-awaited ruling on appeal in Vernor v. Autodesk, No. 09-35969, 2010 U.S. App. LEXIS 18957, addressing whether software purchasers are owners or licensees of the copies of the software in their possession more |
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| 10/11/2010 |
Fenwick Employment Brief - October 2010 |
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| The Ninth Circuit Court of Appeals in San Francisco recently addressed the question of whether and under
what circumstances a new employer qualifies as a "successor in interest" to an old employer under the
Family Medical Leave Act ("FLMA"). more |
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| 9/22/2010 |
Taking Advantage of the First Action Interview Pilot Program |
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| The U.S. Patent and Trademark Office (USPTO) introduced its “First Action Interview Pilot Program” about two years ago. more |
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| 9/15/2010 |
Fenwick Employment Brief - September 15, 2010 |
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| Two recent federal appellate decisions highlight some of the procedural pitfalls that lurk within the federal Family and Medical Leave Act ("FMLA"). more |
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| 9/13/2010 |
Copyright Alert: I Bought It; I Own It—Or Do I? Vernor v. Autodesk: Ninth Circuit Rules on Software Transfers |
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| On September 10, 2010, the Ninth Circuit issued a much-awaited ruling on appeal in Vernor v. Autodesk, addressing whether software purchasers are owners or licensees of the copies of the software in their possession. (9th Cir. No. 09-35969.) more |
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| 9/2/2010 |
Litigation Alert: The FTC Pursues Online Endorsements by Undisclosed Insiders |
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| The Federal Trade Commission recently signaled that it may begin cracking down on the increasingly common practice of pumping up a product with online reviews that purport to be from customers but are really posted by friends, family or employees of the vendor more |
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| 9/2/2010 |
Patent/Antitrust Litigation Alert: Federal Circuit Limits Patent Misuse in Princo |
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| A sharply divided en banc U.S. Court of Appeals for the Federal Circuit significantly narrowed the scope of the patent misuse defense this week more |
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| 9/1/2010 |
Patent Litigation Alert: The Federal Circuit Rejects Attempt to Narrow Standing Requirements For False Patent Marking Claims under 35 U.S. C. § 292 |
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| Yesterday, the Federal Circuit rejected a procedural attempt to stem the recent flood of “false patent marking” lawsuits. more |
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| 8/18/2010 |
Antitrust Alert: Everything Must End Eventually: The Fifth Circuit Buries Leegin, Epic Vertical Price Fixing Case is Over |
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| In its second encounter with PSKS, Inc. v. Leegin Creative Leather Products, Inc., the U.S. Court of Appeals for the Fifth Circuit on August 17, 2010 affirmed the dismissal on the pleadings of the plaintiff’s antitrust claims for vertical minimum price fixing more |
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| 8/11/2010 |
Fenwick Employment Brief - August 11, 2010 |
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| It is often difficult to get a court to dismiss an employment discrimination case prior to trial due to the number of critical facts involved that generally require resolution by a jury, including the employer'stivating reasons for the adverse employment action. more |
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| 8/9/2010 |
Trends in Terms of Venture Financing In Silicon Valley (Second Quarter 2010) |
|
| We analyzed the terms of venture financings for 126 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2010. more |
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| 8/5/2010 |
Intellectual Property Bulletin Summer 2010 |
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| A unanimous decision is not always what it seems. On June 28, the U.S. Supreme Court upheld without dissent the U.S. Court of Appeals for the Federal Circuit’s ruling that a patent application for hedging against price changes was not patentable. more |
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| 7/27/2010 |
Securities Litigation Update - FCPA Update: Implementation of U.K. Bribery Bill Postponed Until April 2011 |
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| Implementation of the U.K. Bribery Bill has been postponed for nine months while the government evaluates comments to the Bill raised by various business constituencies more |
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| 7/23/2010 |
Ninth Circuit Reverses Broad Injunction Against Doll Manufacturer on the Basis of Employment Contract Interpretation and Thin Copyright |
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| Mattel v. MGA Entertainment, issued yesterday by the Ninth Circuit Court of Appeals, provides important lessons for drafting and interpreting employment and invention assignment agreements, clarifies the legal standards for...
more |
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| 7/23/2010 |
Emerging Growth Services |
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| For clients and investors within our network, we provide access to our CTO and IT organization for technical diligence services. more |
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| 7/21/2010 |
Corporate and Securities Alert: The Dodd-Frank Act: Provisions Affecting Corporate Governance And Executive Compensation Disclosures For All Public Companies |
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| On July 21, 2010, President Barack Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. This legislation is primarily focused on bank reform — regulation and resolution of financial companies that pose systemic risk, banking regulatory reform, regulation of derivatives, and consumer financial protection. more |
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| 7/19/2010 |
Patent Strategy for Personalized Medicine in Light of Bilski |
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| Advanced medical diagnostics, such as those that use information derived from multiple genetic variations or biomarker expression levels, certainly fall within the scope of patentable subject matter, according to the guidance provided by the Bilski decision. Significant investment is required to develop and market complex personalized medicine diagnostics that prognose risk or outcome based on a number of genetic or biological markers. Such methods do not preempt any basic law of nature because alternative predictive models can be developed using different sets of markers. Consequently, they should not be subject to § 101 rejections under current law. more |
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| 7/14/2010 |
Fenwick Employment Brief - July 14, 2010 |
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| In an unpublished decision, a California appellate court revived a plaintiff's claim for age discrimination, finding admissible his proffered "me too" evidence of a corporate plan to drive out older managers more |
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| 7/13/2010 |
Executive Compensation Alert: The Trump Card in the GRId Game |
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| RMG's New Rating Process - GRId. RiskMetrics Group, Inc. ("RMG") recently released a new corporate governance rating system, Governance Risk Indicators ("GRId"), which replaced RMG's Corporate Governance Quotient system ("CGQ") more |
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| 7/6/2010 |
Executive Compensation Alert: New Act Would Require Public Company Executive Compensation Disclosures and Corporate Governance Changes |
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| On June 25, 2010, the House-Senate Conference Committee released the text of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act"). more |
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| 6/30/2010 |
Trends in Legal Terms in Venture Financings in Israel (2009 Annual Survey) |
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| We have analyzed the terms of venture financings for Israeli and Israeli-related technology companies that reported raising money in 2009. Our survey does not include financing rounds of less than US $500,000. The tables below also show, for purposes of comparison, the results of our previously released surveys. more |
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| 6/28/2010 |
Patent Alert: Supreme Court Unanimously Rejects Bilski Patent Application but Narrowly Upholds Business Method Patents |
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| The Bilski case presented the Supreme Court with an opportunity to eliminate business methods from the scope of patentable subject matter more |
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| 6/24/2010 |
Copyright Alert: Viacom v. YouTube/Google: Judge Swats Billion-Dollar Copyright Lawsuit; Viacom to Appeal Summary Judgment Ruling |
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| A federal district court granted summary judgment to YouTube and Google yesterday, holding that a safe harbor of the Digital Millennium Copyright Act (DMCA) protected the video-upload giants against billion-dollar claims brought by Viacom International and other content holders. more |
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| 6/18/2010 |
Employment Practice Group Alert: Supreme Court Rules That Employer Search Of Employee Text Messages Did Not Violate Fourth Amendment |
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| In City of Ontario v. Quon, the United States Supreme Court held that a government employer's review of an employee's text messages sent and received on an employer-issued pager did not violate the employee's Fourth Amendment constitutional rights. more |
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| 6/16/2010 |
Securities Litigation Update: SEC v. Jenkins: SOX 304 Clawback Requires Innocent CEOs and CFOs to Return Incentive-Based Compensation if the Company Restates Its Financials Due to "Misconduct" |
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| Securities Litigation Update: SEC v. Jenkins: SOX 304 Clawback Requires Innocent CEOs and CFOs to Return Incentive-Based Compensation if the Company Restates Its Financials Due to "Misconduct" more |
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| 6/11/2010 |
Patent Litigation Alert: Decision in Pequignot v. Solo Cup Company Provides Guidance for False Patent Marking Liability |
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| Yesterday the Federal Circuit issued a decision in Pequignot v. Solo Cup Company, No. 2009-1547 (Fed. Cir. Jun. 10, 2010), providing some much needed guidance on avoiding liability under the “false marking” statute, 35 U.S.C. § 292. more |
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| 6/10/2010 |
Litigation Alert: Federal Copyright Law Preempts State Law Breach of Confidence and Implied Contract Claims for Unauthorized Use of Works |
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| On June 3, 2010, the Ninth Circuit Court of Appeals held that federal copyright law preempts common law breach of confidence and implied contract claims in situations where plaintiffs attempt to retain rights to share profits and credit in the underlying works more |
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| 6/9/2010 |
Fenwick Employment Brief - June 9, 2010 |
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| In a favorable decision for business, the California Supreme Court held that the commercial wholesalers who purchased strawberries from a farmer could not be held liable... more |
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| 6/1/2010 |
Litigation Alert: Ninth Circuit Holds Application for Copyright Registration Sufficient for Initiation of Infringement Suit |
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| A copyright registration is the required ticket for starting an infringement lawsuit in federal court, under 17 U.S.C. § 411. But will an application suffice to meet that requirement? more |
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| 5/26/2010 |
Corporate and Securities Alert: Senate Passes Corporate Governance Reform – Legislation Affects Public Company Executive Compensation and Corporate Governance |
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| On May 20, 2010, the Senate passed the Restoring American Financial Stability Act of 2010 ("RAFSA"). more |
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| 5/24/2010 |
Antitrust Alert: NFL Licensing Arm Subject to Antitrust Laws as a "Contract, Combination ... or Conspiracy" |
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| On May 24, in American Needle, Inc. v. National Football League, the Supreme Court unanimously held that NFL Properties ("NFLP") must defend its licensing decisions under Section 1 of the Sherman Act. NFLP was incorporated by the teams of the National Football League in 1963 to develop, license, and market their intellectual property. more |
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| 5/18/2010 |
Trends in Terms of Venture Financing In Silicon Valley (First Quarter 2010) |
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| We analyzed the terms of venture financings for 104 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2010. more |
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| 5/12/2010 |
Fenwick Employment Brief - May 12, 2010 |
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| The Ninth Circuit recently affirmed a 2004 district court's decision to certify a nationwide class of women in a gender discrimination class action against Wal-Mart, the country’s largest retailer. more |
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| 5/7/2010 |
Dealing With the Uptick In False Marking Suits |
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| Recent months have witnessed a surge in the filing of "false marking" litigation – suits brought under 35 U.S.C. Section 292. The section provides penalties against any person that marks an "unpatented article" with any word or number indicating that the article is patented with the intent to deceive the public. more |
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| 4/27/2010 |
Green Technologies Get a Fast Track at the U.S. Patent and Trademark Office— But Is Anyone Getting on Board? |
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| As part of the fanfare leading up to the Copenhagen climate talks this past December, the U.S. Government announced a pilot program to accelerate processing of certain patent applications directed to green inventions. more |
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| 4/23/2010 |
Intellectual Property Bulletin Spring 2010 |
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| In the opening weeks of 2010, Parliament in London took up a bill to consider whether company directors might be held personally liable in certain areas implicating health and safety of workers. more |
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| 4/13/2010 |
Fenwick Employment Brief - April 13, 2010 |
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| The California Department of Labor Standards Enforcement's strict (and somewhat inconsistent) requirements regarding unpaid interns made it difficult for California businesses to employ them more |
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| 4/7/2010 |
Tax Alert: Qualifying Therapeutic Discovery Project Credits and Grants |
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| The enactment on March 23, 2010 of the Patient Protection and Affordable Care Act of 2010 established a 50% nonrefundable tax credit for qualified investments in qualifying therapeutic discovery projects of eligible taxpayers. more |
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| 4/6/2010 |
Securities Litigation Update: FCPA Update: Recent Prosecutions and New Enforcement Tools |
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| The past thirty days have underscored the redoubled efforts by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) to investigate and prosecute violations of the Foreign Corrupt Practices Act (FCPA or "Act"). more |
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| 4/6/2010 |
IP Guide to the Patent Prosecution Highway |
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| From humble beginnings in July 2006 as a one-year pilot agreement between the US Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO), the Patent Prosecution Highway (PPH) has expanded into a full-fledged system of patent examination between more than 10 different patent offices. more |
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| 3/19/2010 |
Corporate and Securities Alert: New Legislation Would Fundamentally Alter Public Company Executive Compensation and Corporate Governance |
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| On March 15, 2010, Senator Chris Dodd introduced the Restoring American Financial Stability Act of 2010, now commonly referred to as the “Dodd Bill.” The legislation is primarily aimed at reform of the United States financial system to prevent future financial crises, but among its 1,300 pages are significant proposals to change executive compensation and corporate governance rules for all public companies. more |
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| 3/17/2010 |
Facing Off On Facebook®? Trademarks and the Social Net |
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| The increasing prevalence and popularity of social networking and similar sites raise new issues for brand
owners and celebrities. more |
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| 3/17/2010 |
Is There A Second Life For Trademarks In Second Life®? |
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| Recent years have seen the development of online communities through which massive numbers of users can interact with each other and with the environment itself in ways that increasingly approach real-world interactions. more |
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| 3/12/2010 |
Fenwick Employment Brief - March 12, 2010 |
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| In Tides v. Boeing, a federal district court in Seattle ruled that two employees who leaked documents to the media were not protected whistleblowers under the Sarbanes OxleyAct ("SOX"). more |
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| 3/10/2010 |
Antitrust Alert: It Is Not Over Until It's Over: Antitrust Risks in Unreported Small Acquisitions |
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| On March 9, 2009, the Antitrust Division of the Department of Justice ("DOJ") announced that it had brought suit against Election Systems & Software, Inc. ("ES&S") to challenge its acquisition in September of 2009 of Premier Election Solutions Inc. ("Premier") from Diebold, Inc. more |
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|
| 3/5/2010 |
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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| 3/5/2010 |
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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| 2/23/2010 |
Seven Sins—Intellectual Property Mistakes Start-Up Technology Companies Should Avoid |
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| The start-up company often is an exciting and fast moving entity. However, without attention to detail involving intellectual property encompassed within the company product and/or service, the time, effort and sweat equity invested in getting that product and/or service to market can slow down, or even halt, company growth. more |
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| 2/16/2010 |
Trends in Terms of Venture Financing In Silicon Valley (Fourth Quarter 2009) |
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| We analyzed the terms of venture financings for 112 companies headquartered in Silicon Valley that reported raising money in the fourth quarter of 2009. more |
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| 2/10/2010 |
Fenwick Employment Brief - February 10, 2010 |
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| A California appellate court rejected an employer's affirmative defense that account executives were exempt administrative employees because their work did not relate to the management policies or general business operations of the employer or its customers more |
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| 1/13/2010 |
Bracing for Change in Patentability for Methods: Strategies for Companies and Venture Capitalists to Manage the Bilski Risk |
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| Four Fenwick attorneys recently attended an oral argument at the U.S. Supreme Court at which justices surprised the patent community by signaling that they likely will cut back on the types of methods that are eligible for patent protection. more |
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| 1/13/2010 |
Recent M&A Trends & Developments—December 2009 |
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| Recent M&A Trends & Developments—December 2009 more |
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| 1/13/2010 |
"Top Ten" M&A Deal Insights From Leading CEOs, CFOs and VCs |
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| Build a Great Company First. Maximize valuation by building a great company (not just a great product) that is the leader in its market segment. more |
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| 1/12/2010 |
Fenwick Employment Brief - January 12, 2010 |
|
| To properly classify an employee as exempt, an employer must satisfy the salary-basis test by paying a salary, "without deduction," regardless of how many or how few hours the employee works during the pay period. Courts and agencies, however, have allowed employers to deduct from an employee's vacation or sick leave balance in full-day increments without violating the test. more |
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| 1/4/2010 |
Employee Benefits Alert: Congress Extends COBRA Premium Assistance Subsidy |
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| On December 19, 2009, President Obama signed the 2010 Department of Defense Appropriations Act (the "DOD Act"), which extended two significant features of the COBRA health care continuation coverage premium subsidy originally enacted in early 2009 by the American Recovery and Reinvestment Act ("ARRA"). more |
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| 12/24/2009 |
Intellectual Property Bulletin Winter 2009/2010 |
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| Recent years have seen the development of online communities through which massive numbers of users can interact with each other and with the environment itself in ways that increasingly approach real-world interactions. more |
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|
| 12/18/2009 |
SEC Adopts New Public Company Disclosure Requirements About Risk, Corporate Governance and Compensation |
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| The Securities and Exchange Commission believes that public company investors are increasingly concerned about corporate accountability. To enhance investors' ability to make informed voting and investment decisions, and help them evaluate company leadership, on December 16, 2009, the SEC adopted rules requiring new disclosures about risk, corporate governance and compensation. more |
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| 12/18/2009 |
Executive Compensation Alert: ESPP Final Regulations Issued |
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| The IRS and Treasury Department recently issued final employee stock purchase plan (commonly referred to as an "ESPP") regulations. The final regulations largely adopt the proposed regulations with a notable clarification, described below. more |
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| 12/11/2009 |
Fenwick Employment Brief - December 11, 2009 |
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| Although California has a long-standing prohibition on noncompetition agreements, as codified in Business and Professions Code Section 16600, courts have historically allowed such agreements where necessary to protect an employer’s trade secrets more |
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|
| 12/9/2009 |
Patent Litigation Alert: Federal Circuit Limits Forum-Shopping |
|
| The Federal Circuit last week issued two opinions that substantially impact the tactics used in Texas-based patent litigation more |
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|
| 12/3/2009 |
Patent Pools in Life Sciences |
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| A patent pool is defined as an arrangement among multiple patent holders to aggregate their patents where all pooled patents are made available to each member of the pool, and standard licensing terms are offered to licensees who are not members of the pool. more |
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|
| 12/3/2009 |
SVAGC 21st Annual All Hands Meeting 2009 |
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| SVAGC 21st Annual All Hands Meeting 2009 more |
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| 11/24/2009 |
Executive Compensation Alert: Action Required for 2010 162(m) Performance Pay |
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| Section 162(m) of the Internal Revenue Code (the "Code") denies a tax deduction to a public company if compensation paid to certain individuals (known as "covered employees") exceeds one million dollars for the taxable year. more |
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| 11/20/2009 |
Executive Compensation Alert: Section 409A Error Corrections Before Year End |
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| IRS Notice 2008-113 (the "Notice") permits employers to correct certain operational errors for purposes of Section 409A of the Internal Revenue Code ("Section 409A") more |
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| 11/17/2009 |
Fenwick Employment Brief - November 17, 2009 |
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| The California Supreme Court recently upheld the forfeiture of a departing employee's restricted stock and the money used to purchase it, rejecting the employee's claim it amounted to an unlawful forfeiture of wages. more |
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| 11/17/2009 |
Executive Compensation Alert : IRS Tax Notice – Final Regulations Under Section 6039 |
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| On November 16, 2009, the IRS issued final regulations relating to the return and information statement requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code") more |
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| 11/13/2009 |
Are Juries Ready to Decide Underlying Questions of Fact? Obviously Not |
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| The Supreme Court has told us that obviousness in patent cases is a question of law, based on underlying findings of fact. What this means is that juries as fact-finders are supposed to decide the underlying factual issues, but judges are supposed to decide the ultimate legal question of patent validity. more |
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|
| 11/10/2009 |
Trends in Terms of Venture Financing In Silicon Valley (Third Quarter 2009) |
|
| We analyzed the terms of venture financings for 103 companies headquartered in Silicon Valley that reported raising money in the third quarter of 2009. more |
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| 10/15/2009 |
Fenwick Employment Brief - October 15, 2009 |
|
| Flu season is upon us, and this year the concerns are heightened due to the threat posed by the H1N1 influenza virus (also referred to as the swine flu). Presently, thirty seven states, including California and Washington, have reported widespread swine flu activity, and the Centers For Disease Control (CDC) is recommending that individuals take precautions to reduce the likelihood of virus transmission. In light of the possible impact of the swine flu (or other communicable disease) on businesses, employers should be prepared to address both the practical and legal concerns arising from an outbreak. more |
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|
| 10/6/2009 |
IP Bulletin Fall 2009 |
|
| A recent ruling in a highly publicized case in the United States District Court for the Central District of California rejected an aggressive legal theory that could have led to broad criminalization of the breach of terms conditioning access to websites and other computerized information. more |
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| 9/9/2009 |
Fenwick Employment Brief - September 9, 2009 |
|
| In Van Asdale v. International Game Technology, the U.S. Court of Appeal for the Ninth Circuit issued its first decision defining the scope of protected conduct under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002 ("SOX"). more |
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|
| 9/4/2009 |
Bilski Briefs Span Wide Range of Positions |
|
| On June 1, the Supreme Court agreed to decide a case that will have a great impact on what types of inventions can be patented. more |
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|
| 9/2/2009 |
Ariad Written Description Ruling Could Significantly Impact Biotech Patents |
|
| The fate of many chemical and biotechnology patents will soon depend on the Federal Circuit's interpretation of the first paragraph of section 112 of the Patent Act. more |
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| 8/27/2009 |
Employee Benefits Alert: Another 401(k) Headache: Covering Leased Employees |
|
| In a recent employee benefits alert, we looked at temporary and part-time employees, and the circumstances under which an employer must cover them under its 401(k) plan.... more |
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|
| 8/24/2009 |
Litigation Alert: Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc.—The Federal Circuit Holds 35 U.S.C. § 271(f) Inapplicable to Method Claims |
|
| On August 19, 2009, the Federal Circuit, sitting en banc, limited the reach of 35 U.S.C. § 271(f), holding that the statute does not apply to method claims. The Federal Circuit's decision in Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., _F.3d_ (Fed. Cir. 2009) (en banc in part) (Lourie, J.), reversed its earlier holding in Union Carbide Chemicals Plastics Technology Corp. v. Shell Oil Co., 425 F.3d 1366 (Fed. Cir. 2005). more |
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| 8/14/2009 |
Fenwick Employment Brief - August 14, 2009 |
|
| Balancing employee privacy rights and an employer's right to monitor its workplace is a challenge. In Hernandez v. Hillsides, Inc., the California Supreme Court clarified the law in this area and articulated important principles regarding workplace privacy more |
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|
| 8/7/2009 |
Trends in Terms of Venture Financing In Silicon Valley (Second Quarter 2009) |
|
| We analyzed the terms of venture financings for 89 companies headquartered in the Silicon Valley that reported raising money in the second quarter of 2009. more |
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|
| 8/7/2009 |
Executive Compensation Alert: 2009 Update on Stock Options in India |
|
| This is an overview of some 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 tax burdens. more |
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|
| 8/5/2009 |
Executive Compensation Alert: House Passes Executive Compensation Bill |
|
| On August 3, the House, led by Representative Barney Frank, passed the Corporate and Financial Institution Compensation Fairness Act of 2009 (H.R. 3269), which applies to public companies and would (i) give shareholders a "say on pay" by providing a nonbinding, advisory vote on the company's pay practices for top executives... more more |
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| 7/27/2009 |
Corporate and Securities Update: Compensation and Corporate Governance Disclosure Update |
|
| In a July 10 release, the SEC published proposed rules to expand the level of disclosure in proxy statements, primarily in the areas of executive compensation and corporate governance... more |
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|
| 7/24/2009 |
An Unclear Diagnosis |
|
| What constitutes patentable subject matter? The tension between the broad language of 35 U.S.C. Section 101 and the limitations of its scope by the courts is playing out in the context of patent eligibility of process claimsy... more |
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| 7/16/2009 |
Fenwick Employment Brief - July 16, 2009 |
|
| The California and U.S. Supreme Courts handed down three very important decisions in recent weeks that affect several key aspects of employment law... more |
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|
| 7/13/2009 |
Litigation Alert: Vinole v. Countrywide |
|
| The Ninth Circuit's recent opinion in Vinole v. Countrywide Home Loans, Inc., – F.3d –, 2009 WL 1926444 (9th Cir. July 7, 2009), established precedent in this Circuit: A defendant may move to deny class certification before a plaintiff moves to have the class certified, and need not wait until the close of discovery to do so... more |
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|
| 7/9/2009 |
Trends in Legal Terms in Venture Financings in Israel (Fourth Quarter of 2008 & First Quarter of 2009) |
|
| We have analyzed the terms of venture financings for 27 Israeli and Israeli-related technology companies that reported raising money in the fourth quarter of 2008 and in the first quarter of 2009... more |
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|
| 7/7/2009 |
IP Bulletin Summer 2009 |
|
| The Patent Prosecution Highway (PPH) began in July 2006 as a pilot, one-year cooperative agreement between the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO). more |
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|
| 7/6/2009 |
EIM and Litigation Alert: California eDiscovery Legislation Signed Into Law, Effective Immediately |
|
| On June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, California’s first set of statutes designed to address the realities of electronic discovery more |
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| 7/2/2009 |
Employee Benefits Alert: 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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|
| 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 compensation and governance more |
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|
| 6/24/2009 |
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 |
|
| 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 |
|
|
| 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 |
|
|
| 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 |
|
| Although the swine flu outbreak appears to have peaked (for the time being), employers should nevertheless remain vigilant and take the following proactive steps to deal with a potential full blown pandemic... 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 |
2009 Update to Guide to Starting a Corporation |
|
| This guide describes certain basic considerations and costs involved in forming a Delaware or California corporation. more |
|
|
| 4/22/2009 |
2009 Update: Raising the Initial Funding for High Technology Companies in the San Francisco Bay Area |
|
| 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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| 4/22/2009 |
Key Service Agreement Issues: Service Providers Checklist |
|
| Outsourcing of technology-related services continues to grow. more |
|
|
| 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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| 4/16/2009 |
Antitrust Alert: Leegin Returns to East Texas to Die: Epic Vertical Price Fixing Case Goes Full Circle |
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| 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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| 4/16/2009 |
Litigation Alert: Supreme Court Clarifies Standing and Reliance Rules for 17200 Consumer Class Action Claims |
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| 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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| 4/15/2009 |
Fenwick Employment Brief - April 15, 2009 |
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| 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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| 4/15/2009 |
Protecting Innovation: Cleantech and Patents Are Natural Allies |
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| 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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| 4/3/2009 |
American Recovery and Reinvestment Act: Imminent Funding Opportunities for Clean Tech Companies But Funding Comes with Conditions |
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| 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 |
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| 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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| 3/24/2009 |
Employee Benefits Alert: New COBRA Subsidy Model Notices |
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| 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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| 3/20/2009 |
Intellectual Property Bulletin Spring 2009 |
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| 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 |
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| 3/19/2009 |
Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims |
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| 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 |
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| 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 |
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| 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 |
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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| 3/16/2009 |
Making Sense of the Revived "Machine-or-Transformation" Test in In re Bilski |
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| 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...
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| 3/16/2009 |
On Shaky Ground: The (Near) Future of Patents After Bilski |
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| 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...
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| 3/12/2009 |
Fenwick Employment Brief - March 12, 2009 |
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| 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....
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| 3/11/2009 |
FAQ on International Patent Strategy and Execution |
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| 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....
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| 2/27/2009 |
Trends in Legal Terms in Venture Financings in Israel (Second Half of 2008) |
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| 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....
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| 2/27/2009 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (Fourth Quarter 2008) |
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| 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....
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| 2/26/2009 |
Executive Compensation Alert: Latest Restrictions on Compensation of Executives at Financial Institutions Receiving Assistance Under the Troubled Asset Relief Program |
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| 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")....
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| 2/25/2009 |
A Framework for Identifying Inventions Worth Patenting |
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| 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....
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| 2/23/2009 |
Employee Benefits Alert: COBRA Subsidy Provisions of the American Recovery and Reinvestment Act of 2009 |
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| 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...
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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 |
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| 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...
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| 2/9/2009 |
Fenwick Employment Brief - February 9, 2009 |
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| 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....
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| 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 |
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| 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....
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| 1/15/2009 |
Patent Law Year in Review: 2008-2009 |
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| A Look Back at 2008 and A Look Ahead at 2009....
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| 1/13/2009 |
Costco Decision Could Significantly Change Scope of Attorney-Client Privilege |
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| 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....
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| 1/13/2009 |
Fenwick Employment Brief - January 13, 2009 |
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| 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....
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| 1/8/2009 |
On Shaky Ground: The (Near) Future of Patents After Bilski |
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| 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...
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| 1/7/2009 |
Executive Compensation Alert: IRS Tax Notice For Incentive Stock Options and Employee Stock Purchase Plans |
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| 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")....
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| 1/7/2009 |
Mergers and Acquisitions Alert: New HSR Thresholds for 2009 |
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| 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...
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| 12/23/2008 |
Intellectual Property Bulletin Winter 2008/2009 |
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| Personalized medicine companies should implement new strategies to deal with the challenges associated with protecting their inventions...
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| 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 |
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| 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...
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| 12/10/2008 |
Fenwick Employment Brief - December 10, 2008 |
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| 12/8/2008 |
Securities Litigation Alert: Ninth Circuit Affirms District Court's Dismissal of Securities Class Action |
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| 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....
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| 12/5/2008 |
In re Swanson: Ex Parte Reexamination in the Patent Office Provides Second Chance to Invalidate Patent |
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| 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.
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