| 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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| 7/14/2010 |
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| In an unpublished decision, a California appellate court revived a plaintiff's claim for age discrimination, finding admissible his proffered "me too" evidence of a corporate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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| 5/14/2010 |
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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| 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 |
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| 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 |
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| 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) |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
|
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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...
more |
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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...
more |
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| 3/12/2009 |
Fenwick Employment Brief - March 12, 2009 |
|
| A group of Oracle employees who resided outside California but traveled into the state periodically to perform work for Oracle sued the company, claiming that they were entitled to the benefits of California's more favorable overtime laws....
more |
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| 3/11/2009 |
FAQ on International Patent Strategy and Execution |
|
| The selection of an invention for patenting must be based on the business goals and needs of the client. This mandates that the prosecutor take the time to understand the patentee's business, and not merely its technology–the mere technical 'coolness' of an invention is not a sufficient reason for patenting it....
more |
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| 2/27/2009 |
Trends in Legal Terms in Venture Financings in Israel (Second Half of 2008) |
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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....
more |
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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....
more |
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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 |
|
| The American Recovery and Reinvestment Act of 2009 ("ARRA") that became law on February 17, 2009, imposes new restrictions on compensation of certain executives at financial institutions that receive assistance under the Troubled Asset Relief Program ("TARP") under the Emergency Economic Stabilization Act of 2008 ("EESA")....
more |
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| 2/25/2009 |
A Framework for Identifying Inventions Worth Patenting |
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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....
more |
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|
| 2/23/2009 |
Employee Benefits Alert: COBRA Subsidy Provisions of the American Recovery and Reinvestment Act of 2009 |
|
| On February 17, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 ("ARRA") into law. This stimulus package provides significant health care continuation coverage relief for lower- and moderate-income employees who are involuntarily terminated between September 1, 2008 and December 31, 2009...
more |
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| 2/18/2009 |
Corporate and Securities Alert: Delaware Supreme Court Confirms Officers' Fiduciary Duties and Refines the Application of the Common Law Doctrine of Shareholder Ratification |
|
| The Delaware Supreme Court's recent decision in Gantler vs. Stephens (Del. January 27, 2009) – where the Court issued a rare reversal of a Court of Chancery decision – contains several noteworthy holdings on core corporate governance principles...
more |
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| 2/9/2009 |
Fenwick Employment Brief - February 9, 2009 |
|
| President Obama has signed into law the Lilly Ledbetter Fair Pay Act of 2009 ("Fair Pay Act"), which provides that an unlawful employment practice occurs not only when an employer makes a discriminatory decision about the employee';s compensation, but each time an employee receives a paycheck or other compensation affected by the discrimination....
more |
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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....
more |
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| 1/15/2009 |
Patent Law Year in Review: 2008-2009 |
|
| A Look Back at 2008 and A Look Ahead at 2009....
more |
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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....
more |
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| 1/13/2009 |
Fenwick Employment Brief - January 13, 2009 |
|
| Although Starbucks has been the target of numerous class action lawsuits in the U.S., the company defeated plaintiffs in one recent class action arising out of the criminal background question in its job application....
more |
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| 1/8/2009 |
On Shaky Ground: The (Near) Future of Patents After Bilski |
|
| Bernard Bilski did not intend to be a poster child for business method inventions. He filed his patent application more than a year before the Federal Circuit decided...
more |
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| 1/7/2009 |
Executive Compensation Alert: IRS Tax Notice For Incentive Stock Options and Employee Stock Purchase Plans |
|
| Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code") requires that by January 31, 2009, employers provide certain information to their employees (or former employees) who in 2008 either exercised "incentive stock options" ("ISOs") or transferred shares purchased under an "employee stock purchase plan" (an "ESPP")....
more |
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| 1/7/2009 |
Mergers and Acquisitions Alert: New HSR Thresholds for 2009 |
|
| The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase mid-February (exact date still pending), due to an annual adjustment mechanism that was created in the last round of amendments to the HSR Act...
more |
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|
| 12/23/2008 |
Intellectual Property Bulletin Winter 2008/2009 |
|
| Personalized medicine companies should implement new strategies to deal with the challenges associated with protecting their inventions...
more |
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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...
more |
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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....
more |
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|
| 12/5/2008 |
In re Swanson: Ex Parte Reexamination in the Patent Office Provides Second Chance to Invalidate Patent |
|
| It may not literally keep in-house attorneys up at night, but the chance that a relevant patent owned by another may unexpectedly show up on one's desk in the morning is certainly not a pleasant thought.
more |
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|
| 11/24/2008 |
Corporate and Securities Alert: FINRA Announces Changes to Analyst Rules |
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| The Financial Industry Regulatory Authority, or FINRA, as part of its process of enacting a consolidated rulebook, announced proposed changes to its existing conflicts of interest rules regarding research analysts...
more |
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|
| 11/24/2008 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (Third Quarter 2008) |
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| We analyzed the terms of venture financings for 101 companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2008. There has recently been substantial distress and volatility in world financial markets...
more |
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| 11/20/2008 |
Fenwick Employment Brief - November 20, 2008 |
|
| The California Supreme Court recently granted review of Brinker Restaurant Corp. v. Superior Court, in which a Court of Appeal held that an employer's obligation to "provide" rest and meal breaks to employees means only that the employer must make such breaks available to employees...
more |
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|
| 11/19/2008 |
Litigation and Tax Alert: DOJ Targets Approximately 20,000 Investors as Co-Conspirators in Criminal Tax Fraud Investigation of UBS |
|
| The United States Department of Justice has opened a new front on its war against allegedly fraudulent tax shelters...
more |
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|
| 10/31/2008 |
Patent Alert: Federal Circuit en banc Clarifies the Test for Determining When Processes are Patentable |
|
| In a long-awaited decision, on October 30, 2008, the Federal Circuit en banc decided In re Bilski, clarifying the test for determining whether a process patent claim qualifies as patentable subject matter under Section 101 of the U.S. Patent Act.
more |
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|
| 10/22/2008 |
Corporate and Securities Alert: M&A Development—Additional Guidance from the Delaware Chancery Court on MAE Clauses |
|
| Hexion v. Huntsman provides lessons on what constitutes a Material Adverse Effect and the meaning of "reasonable best efforts" and "knowing and intentional breach."...
more |
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|
| 10/22/2008 |
NASDAQ Temporarily Suspends Minimum Bid Price and Minimum Market Value Requirements |
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| On October 16, 2008, The NASDAQ OMX Group suspended the bid price and market value of publicly held shares requirements for all NASDAQ-listed companies...
more |
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|
| 10/20/2008 |
Advanced Copyright Issues on the Internet |
|
| During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds.
more |
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|
| 10/20/2008 |
The Still Blurry Standards for Proving Trademark Dilution |
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| In 2006, Congress passed the Trademark Dilution Revision Act, or "TDRA." Hailed by some and criticized by others, the TDRA was widely expected to make it easier for the owners of famous trademarks to prevail in claims for trademark dilution...
more |
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|
| 10/17/2008 |
Intellectual Property Bulletin Fall 2008 |
|
| In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent infringement made by a patentee, its distributors, agents and/or attorneys to third parties...
more |
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|
| 10/7/2008 |
Fenwick Employment Brief - October 7, 2008 |
|
| As of September 30, 2008, exempt computer professionals in California can be paid a minimum of $75,000 per year for full-time employment on a salaried basis, rather than the previous requirement of at least $36 per hour...
more |
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|
| 10/2/2008 |
FASB to Reconsider Plan for Sweeping Changes to Contingent Liabilities Disclosures |
|
| On September 24, 2008, the Financial Accounting Standards Board ("FASB") decided to reconsider its previously-proposed amendments to FASB Statement No. 5, Accounting for Contingencies ("Statement 5"), and FASB Statement No. 141, Business Combinations...
more |
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|
| 9/23/2008 |
Developing a Patent Strategy - A Checklist for Getting Started |
|
| For many technology companies, developing a patent strategy is an important component of the business plan.
more |
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|
| 9/18/2008 |
Fenwick Employment Brief - September 18, 2008 |
|
| Avila v. Continental Airlines, Inc. is the latest court decision to highlight the often complex intersection between disability and medical leave laws...
more |
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|
| 9/2/2008 |
Copyright Alert: Io v. Veoh—DMCA Covers Video Upload Site Charged With Exposing Skin Flicks |
|
| In an important decision with potential implications for the Viacom v. YouTube suit and for every website that hosts user-supplied content, a Magistrate Judge in the Northern District of California has granted summary judgment against a publisher of "adult" films...
more |
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|
| 8/26/2008 |
Corporate and Securities Alert: Information Management for Mergers and Acquisitions – Wrangling, Lassoing and Roping at the M&A Corral |
|
| When one company acquires some or all of the assets or divisions of another, the acquirer faces a recurring set of issues related to electronic information management. Forethought is necessary to ensure the acquirer follow best business practices and comply with legal obligations when...
more |
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|
| 8/15/2008 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (Second Quarter 2008) |
|
| We analyzed the terms of venture financings for 108 companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2008. The results of the 2Q08 survey show that companies raising venture capital in 2Q08 continued to receive higher valuations than in their prior round...
more |
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|
| 8/12/2008 |
Fenwick Employment Brief - August 12, 2008 |
|
| California DLSE: Employers Must Make Meal and Rest Breaks Available, Need Not Ensure Employees Take Breaks—and Yet Another Court Agrees; California Supreme Court Confirms Non-competes are Unenforceable in California, Eases Requirements on Releases; NLRB Strikes Down Firing of Employee Who Breached an Illegal Confidentiality Provision; News Bites...
more |
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|
| 8/11/2008 |
Corporate and Securities Alert: Auction Rate Securities—Recent Settlements with SEC and Other Regulators |
|
| On August 7 and 8, the Securities and Exchange Commission announced settlements with Citigroup Global Markets and UBS Securities and UBS Financial Services Inc....
more |
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|
| 8/8/2008 |
Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims |
|
| The California Supreme Court has ruled in Edwards v. Arthur Andersen LLP, ___ Cal. 4th ___ , 2008 Cal. LEXIS 9618 (Cal. Aug. 7, 2008) (No. S147190), that non-competition agreements in California are invalid under California Business and Professions Code Section 16600 ("Section 16600")...
more |
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|
| 8/6/2008 |
Copyright Alert: Cartoon Network v. Cablevision—Buffer Reproductions Are Not Infringing Copies, Holds Second Circuit in "Remote" DVR Case |
|
| In a long-awaited ruling, the Second Circuit held on Monday that unauthorized reproductions of data, such as digital movie files, in computer buffers are not infringing copies because they were not fixed "for a period of more than transitory duration." ...
more |
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|
| 7/30/2008 |
Antitrust Alert: Vegans (and Foodies) Rejoice: D.C. Circuit Rules for FTC in Whole Foods Merger Case |
|
| In a two to one decision, the United States Court of Appeals for the District of Columbia has given the FTC a major victory for its merger enforcement jurisdiction...
more |
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|
| 7/28/2008 |
Opinion Letters in the Wake of In re Seagate Technology |
|
| Patent infringement is a strict liability offense, the nature of which is only considered to determine whether infringement was willful and enhanced damages are warranted. For decades, accused infringers in patent infringement lawsuits relied on opinions of counsel to defend against willful infringement claims that may lead to enhanced damages...
more |
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|
| 7/23/2008 |
Fenwick Employment Alert: July 23, 2008 |
|
| In a victory for California employers, a California appellate court ruled that an employer's duty to "provide" rest and meal breaks to employees means that the employer need only make such breaks available to employees, and not that it ensure that employees actually take such breaks.
more |
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|
| 7/15/2008 |
Intellectual Property Bulletin Summer 2008 |
|
| Rejecting the authority of a trio of more recent Ninth Circuit cases on the ground that their holdings could not be reconciled with an earlier Ninth Circuit decision, a Washington District Court has held a transfer of computer software to represent a sale, not a license...
more |
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|
| 7/11/2008 |
SEC Extends Date of Auditor Attestation for Non-Accelerated Filers |
|
| On June 26, 2008, the SEC announced it extended the date for non-accelerated filers to include in Annual Reports on Form 10-K and Form 10-KSB the auditor attestation required under Section 404(b) of the Sarbanes-Oxley Act of 2002.
more |
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|
| 7/10/2008 |
Fenwick Employment Brief - July 10, 2008 |
|
| In Quon v. Arch Wireless Operating Company, police officer Quon sued a wireless company and his employer City of Ontario for violating his privacy by accessing his personal text messages sent by way of an employer-provided pager.
more |
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|
| 7/8/2008 |
Litigation Alert: Ninth Circuit Adopts Good Faith Defense for Lanham Act Claims Premised on Allegedly False Patent Infringement Allegations Made to Third Parties |
|
| In Fisher Tool Co., Inc. v. Gillet Outillage, __ F.3d __, 2008 U.S. App. LEXIS 13727 (June 30, 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations...
more |
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|
| 6/18/2008 |
Think You Are a Co-Owner of a Copyright?—Think Again |
|
| Many copyright owners co-own their copyrights with others, or at least they thought so until the decision came down in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008)...
more |
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|
| 6/10/2008 |
Fenwick Employment Brief - June 10, 2008 |
|
| In CBOCS West, Inc. v. Humphries, the United States Supreme Court decided (in a 7-2 vote) that 42 U.S.C. § 1981, which was enacted shortly after the Civil War as part of the Civil Rights Act of 1866 to prohibit race discrimination, also encompasses claims of retaliation in employment.
more |
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|
| 6/9/2008 |
Litigation Alert: Quanta v. LG Electronics — The Supreme Court Revives the Patent Exhaustion Doctrine |
|
| On June 9, the Supreme Court issued an important decision affecting the doctrine of exhaustion of patent rights through licensing of patented methods and components.
more |
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|
| 5/19/2008 |
Intellectual Property Bulletin Spring 2008 |
|
| Just as a semiconductor clean room aims to exclude airborne particles that could contaminate wafer layers, so the legal software clean room has sought to protect computer software developers from contaminating "access" to earlier works they might be charged with copying...
more |
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|
| 5/15/2008 |
Fenwick Employment Brief - May 15, 2008 |
|
| In a victory for employers, a California appellate court confirmed owners, officers, and managing agents' limited personal liability under California law for a corporation's failure to pay wages.
more |
|
|
| 4/30/2008 |
Privacy Alert: Gov't Rummaging Through Your Laptop's Contents? No Problem If You're Re-Entering USA, Says Ninth Circuit |
|
| You've gotten used to being asked to turn on your laptop as you go through airport security so the authorities can confirm it's really a computer and not a bomb...
more |
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|
| 4/24/2008 |
Antitrust Alert: Rambus Dodges an Antitrust Bullet from the FTC |
|
| In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC’s landmark order against Rambus Incorporated...
more |
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|
| 4/15/2008 |
Section 409A Valuations and Stock Option Grants for Start-up Technology and Life Science Companies |
|
| Federal, and at least one state's, tax laws make it especially important for companies granting stock options as compensation to set the exercise price of the underlying shares at or above the price that can be shown by a reasonable valuation method to be fair market value (FMV) at the time of grant.
more |
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|
| 4/11/2008 |
Fenwick Employment Brief - April 11, 2008 |
|
| In a victory for employers, the California Supreme Court held in a 4-3 decision in Jones v. The Lodge at Torrey Pines Partnership that supervisors cannot be held personally liable for retaliation under the California Fair Employment and Housing Act (FEHA).
more |
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|
| 4/8/2008 |
Litigation Alert: Roommate.com en banc |
|
| The Ninth Circuit has issued a long-awaited decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties.
more |
|
|
| 3/27/2008 |
Federal Circuit to Re-Assess Standards for Patent-Eligible Subject Matter |
|
| The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar.
more |
|
|
| 3/24/2008 |
SOX Litigation-Hold Triggers — Public and Private Companies Susceptible to Criminal Prosecution for Obstruction of Justice |
|
| Years after passage of the Sarbanes-Oxley Act of 2002, many companies still believe the Act applies uniquely to public companies.
more |
|
|
| 3/19/2008 |
2007 Silicon Valley Life Science VC Survey |
|
| The results of our fourth annual San Francisco Bay Area Life Science Venture Capital Valuation Survey show a continuation of the positive trend in the life science venture environment.
more |
|
|
| 3/17/2008 |
Litigation Alert: Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any, On Roommate.com? |
|
| On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
|
|
| 3/11/2008 |
Fenwick Employment Brief - March 11, 2008 |
|
| In Sprint/United Mgmt. Co. v. Mendelsohn, the United State Supreme Court held that "me too" evidence of discrimination is neither per se admissible nor per se inadmissible in an age discrimination lawsuit...
more |
|
|
| 3/4/2008 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Fourth Quarter 2007) |
|
| We analyzed the terms of venture financings for 103 companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2007.
more |
|
|
| 3/3/2008 |
Intellectual Property Bulletin Winter 2008 |
|
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|
|
| 2/22/2008 |
Executive Compensation Alert: IRS Releases Guidance for 162(m) Compensation |
|
| On February 21, 2008, the IRS released Revenue Ruling 2008-13, confirming the position taken in PLR 200804004 that compensation intended to qualify as deductible performance-based compensation pursuant to Section 162(m) of the Internal Revenue Code of 1986...
more |
|
|
| 2/21/2008 |
A Summary of Enterprises Income Tax Law of the People's Republic of China |
|
| Foreign invested enterprises ("FIE") and domestic enterprises1 were subject to different income tax regulations and tax rates in China in the past. For example, as compared with domestic enterprises, FIEs generally were eligible for a lower income tax rate and more tax deductions and exemptions.
more |
|
|
| 2/18/2008 |
Corporate and Securities Alert: Delaware Supreme Court Confirms Officers' Fiduciary Duties and Refines the Application of the Common Law Doctrine of Shareholder Ratification |
|
| The Delaware Supreme Court's recent decision in Gantler vs. Stephens (Del. January 27, 2009) – where the Court issued a rare reversal of a Court of Chancery decision – contains several noteworthy holdings on core corporate governance principles...
more |
|
|
| 2/14/2008 |
Executive Compensation Alert: Performance Based Compensation is Non-Excludible Under 162(m) If Also Payable Under An Employment Agreement As Severance |
|
| We alerted you on January 31, 2008 (and provided a further update on February 8, 2008), that the IRS now takes the position that compensation intended to qualify as deductible performance-based compensation pursuant to Section 162(m) of the Internal Revenue Code of 1986, as amended...
more |
|
|
| 2/12/2008 |
2008 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.
more |
|
|
| 2/8/2008 |
Executive Compensation Alert: Payments Do Not Qualify as Performance-Based Compensation Under 162(m) Where Payments are Permitted Under a Severance Arrangement |
|
| The Internal Revenue Service published a private letter ruling on January 28, 2008 (PLR 200804004) holding that amounts paid to a recipient under an incentive compensation plan intended to qualify as performance-based compensation under Section 162(m) of the Internal Revenue Code of 1986, as amended, (the "Code") will not qualify as performance-based compensation...
more |
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|
| 2/8/2008 |
Fenwick Employment Brief - February 8, 2008 |
|
| In a significant ruling for employers, the California Supreme Court recently held that an employer is not required to accommodate an employee who uses medical marijuana.
more |
|
|
| 2/6/2008 |
2008 Update to Guide to Establishing a Subsidiary in India |
|
| Although the current dollar-rupee exchange rate is causing more consideration of other locations, many businesses in the U.S. continue to move a portion of their development, support and other operations offshore to India, primarily for cost-saving reason.
more |
|
|
| 1/30/2008 |
Corporate and Securities Alert: Securities and Exchange Commission Adopts Amendments to Rules 144 and 145 |
|
| For the first time since 1997, the SEC has made significant amendments to Rules 144 and 145 under the Securities Act of 1933 (the "Securities Act").
more |
|
|
| 1/28/2008 |
Securities Litigation Alert: The Foreign Corrupt Practices Act: The Next Corporate Scandal? |
|
| As the stock option backdating cases wind down, what will be the next corporate scandal to gain widespread notoriety?
more |
|
|
| 1/25/2008 |
A Summary of the Labor Contract Law of the People's Republic of China |
|
| Thirteen years ago, the Labor Law of the People's Republic of China ("Labor Law") was released, which is a fundamental law to govern employment relationships between employers and employees in China.
more |
|
|
| 1/24/2008 |
2008 Update to Doing Business in China via the Cayman Islands |
|
| Many companies doing business in China are using a structure which includes a company formed under the laws of the Cayman Islands ("CI").
more |
|
|
| 1/18/2008 |
Corporate and Securities Alert: New HSR Thresholds for 2008 |
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| The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase at the end of February (exact date still pending), due to an annual adjustment mechanism that was created in the last round of amendments to the HSR Act.
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| 1/17/2008 |
Patent Law Year in Review: With The Close Of An Active 2007, What Does 2008 Hold? |
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| Supreme Court Leaves Its Mark in 2007; Federal Circuit Weighs in on Patent Licensing; What’s Coming up in 2008; Patent Reform and Rule Changes; Reconsidering What Is Patentable Subject Matter; Reexamination Trends; Ethics Issues in Patent Law
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| 1/16/2008 |
Corporate and Securities Alert: eProxy Rules Are Now Effective for Large Accelerated Filers |
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| The Securities and Exchange Commission adopted an amendment to its proxy statement rules in July 2007 regarding electronic availability of proxy materials.
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| 1/8/2008 |
Fenwick Employment Brief - January 8, 2008 |
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| The NLRB ruled in The Guard Publishing Company, dba The Register Guard that employers may enforce a policy that prohibits employees from using employer email for "non-job-related solicitations" (including union organizing efforts), so long as they do so in a non-discriminatory manner.
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| 1/7/2008 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Third Quarter 2007) |
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| We analyzed the terms of venture financings for 104 companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2007.
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| 1/3/2008 |
2008 Update to Guide to Establishing a Subsidiary in China |
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| As China's strength in the global economy continues to grow, businesses need to consider the prospect of establishing operations within its borders.
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| 1/3/2008 |
2008 Update to Implementing Share Incentive Schemes in China |
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| This memorandum is an overview of the legal and strategic issues related to implementing share incentive schemes in China, including understanding Chinese cultural views of employment and compensation, structuring share incentive schemes to comply with applicable Chinese currency controls and securities law restrictions and the tax consequences of options to the employees.
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| 1/3/2008 |
2008 Update to Investment and Operating in Restricted Industries in China |
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| There are a number of business sectors in China such as telecommunications services, online commerce and auction in which direct foreign investment is restricted.
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| 12/10/2007 |
Fenwick Employment Brief - December 10, 2007 |
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| In Mokler v. County of Orange, a California Court of Appeal held there was sufficient evidence to support a plaintiff's retaliatory dismissal claim, but rejected her sexual harassment claim as not being sufficiently severe or pervasive to alter the conditions of her employment.
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| 12/6/2007 |
Executive Compensation Alert: IRS Proposes Correction Program for Certain Unintentional, Operational Violations under Deferred Compensation Plans Subject to Section 409A |
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| On Dec. 3 the IRS released Notice 2007-100, providing temporary correction methods for certain operational failures of non-qualified deferred compensation plans that would otherwise invoke the penalty taxes under Section 409A ("Section 409A") of the Internal Revenue Code of 1986, as amended (California, which has enacted a parallel penalty tax may, in light of this notice, announce their own correction program).
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| 11/20/2007 |
Fenwick Employment Brief - November 20, 2007 |
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| Effective January 1, 2008, the minimum hourly rate for exempt computer software professionals will be $36, down from this year’s minimum of $49.77.
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| 10/22/2007 |
Executive Compensation Alert: IRS Extends Section 409A Remedial Amendment Period to December 31, 2008 |
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| On October 22, 2007 the Internal Revenue Service (the "IRS") issued much anticipated guidance in the form of Notice 2007-86 that extends the remedial amendment period with the final regulations under Internal Revenue Code Section 409A ("Section 409A") from December 31, 2007 to December 31, 2008.
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| 10/12/2007 |
Intellectual Property Bulletin Fall 2007 |
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| Disclosures to government regulators have always posed risks to trade secrets and other proprietary information.
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| 10/10/2007 |
Securities Litigation Alert: Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc. |
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| On October 9, 2007, the United States Supreme Court heard oral argument in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., which centers on how wide a net plaintiffs may cast in securities class action suits.
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| 10/8/2007 |
Fenwick Employment Brief - October 8, 2007 |
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| In a decision narrowing the scope of the administrative exemption, a California Court of Appeal held in Harris v. Superior Court that insurance claims adjusters were improperly classified under the administrative exemption because they performed "production" rather than administrative work.
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| 10/4/2007 |
M&A Developments-Deal Process and Protections (Netsmart, Lear and Topps) |
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| Micro-cap public targets with limited analyst coverage and trading volume should conduct a pre-signing market check rather than relying on a post-signing market check, at least where a private equity buyer is involved.
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| 9/19/2007 |
Six Week Countdown for New Patent Rules: A Comprehensive Approach to Building Your Patent Portfolio Before and After November 1 |
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| The United States Patent and Trademark Office [Office] is revising the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications.
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| 9/17/2007 |
Third Strike for Perfect 10? |
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| In the Visa case, a divided panel held that processing payments for the infringing website services was too remote from the direct copyright infringements for Visa and other credit card company defendants to be held contributorily or vicariously liable.
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| 9/11/2007 |
Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays |
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| How fast do things change in "Internet time"? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google.
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| 9/11/2007 |
Executive Compensation Alert: IRS Extends Section 409A Amendment Period 1 Year, Announces Voluntary Correction Program Likely |
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| On April 10, 2007, the IRS issued final regulations under Section 409A of the Internal Revenue Code of 1986, as amended ("Section 409A").
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| 9/10/2007 |
Fenwick Employment Brief - September 10, 2007 |
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| The California Supreme Court has provided guidance regarding the enforceability of a ban on class actions in employment arbitration agreements.
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| 9/6/2007 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Second Quarter 2007) |
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| We analyzed the terms of venture financings for 126 companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2007.
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| 9/4/2007 |
Picture Perfect: Perfect 10 v. Visa |
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| In the 1940's, Jehovah's Witnesses, tenaciously litigious in defense of free expression, generated a half-dozen Supreme Court decisions that came to define First Amendment rights in the 20th century.
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| 9/4/2007 |
Securities Litigation Alert: Insider Trading Is Back |
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| Most of the SEC enforcement actions brought this year against Wall Street professionals and corporate executives involve insider trading in advance of mergers and acquisitions.
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| 8/31/2007 |
Perspective: Patents, post-MedImmune |
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| Earlier this year, the Supreme Court shook the foundations of patent licensing and technology transfer, altering the balance of power between patent holders and their licensees and creating profound implications for the life-sciences industry.
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| 8/21/2007 |
Litigation Alert: In re Seagate Technology, LLC—Willful Infringement and the Scope of Waiver of the Attorney-Client Privilege and Work Product Doctrine |
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| On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness.
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| 8/21/2007 |
Patent Alert: New Rules for U.S. Patent Applications |
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| Earlier today, the United States Patent and Trademark Office (USPTO) published new rules for patent prosecution.
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| 8/14/2007 |
Don't Try This on Your Site: Changing Contracts via Website Notice Alone |
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| On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424, which addressed whether a service provider may change the terms of its service contract by posting a revised contract on its website without providing additional notice.
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| 7/31/2007 |
Injunctions After eBay v. MercExchange |
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| More than a year has passed since the U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006).
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| 7/30/2007 |
Litigation Alert: Integra LifeSciences I, Ltd. v. Merck KGaA—Applying the Supreme Court's Broad Interpretation of the FDA Exemption for Patent Infringement |
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| On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA)
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| 7/23/2007 |
Tax Alert: IRS Targeting Backdating Issue |
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| On July 11 the IRS released an internal Industry Director Directive memorandum dated June 15, 2007 (the "Directive"), which designates transactions involving backdated stock options as a "Tier I Issue" for IRS agents.
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| 7/17/2007 |
Litigation Alert: No End of Trouble? Perfect 10 v. Visa International and Secondary Liability |
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| On July 3, 2007 the Ninth Circuit issued its decision in Perfect 10 v. Visa International Service Association, No. 05-15170, which addressed the secondary liability of credit card companies, affiliated banks, and data processing services under copyright, trademark, and various state law claims for processing credit card payments for websites that allegedly infringe Perfect 10's copyright and trademark rights.
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| 7/16/2007 |
New Patent Rules Looming: What Do They Mean for Your Portfolio? |
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| The United States Patent & Trademark Office has proposed several sweeping new rules that will significantly alter how patent applications are treated.
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| 7/13/2007 |
Top Five Practices for Implementing an Effective Trade Secret Preservation Program |
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| Top Five Practices for Implementing an Effective Trade Secret Preservation Program.
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| 7/11/2007 |
Twombly and the Need to Plead Facts:The Antitrust Decision Every Litigator Needs to Know |
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| The foundation of any litigation is the complaint, and more specifically, the allegations made to support the plaintiff's claims.
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| 7/11/2007 |
Executive Compensation Alert: California Eases Rules for Stock Option Plans |
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| Effective July 9, 2007, California liberalized its regulations concerning the permissible provisions of stock option plans. Practically every stock option plan of a privately-held company that has employees in California that participate in the plan can take advantage of this liberalization
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| 7/10/2007 |
Fenwick Employment Brief - July 10, 2007 |
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| In an unusual decision specifically addressing a "no-hire clause," a California appellate court articulated some guidelines as to the enforceability of such provisions.
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| 7/5/2007 |
Litigation Alert: Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents |
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| On July 5, the Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender.
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| 6/28/2007 |
Antitrust Alert: Supreme Court Overrules Per Se Rule Against "Vertical" Minimum Price Agreements between Manufacturers and their Distributors |
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| On June 28, 2007, the Supreme Court issued its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, addr | |
