2010-09-02T00:00:00-07:00 http://www.fenwick.com/rss/Default.asp http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_09-02-10.pdf 2010-09-02T00:00:00-07:00 2010-09-02T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/Antitrust/Patent_Antitrust_Alert_09-02-10.pdf 2010-09-02T00:00:00-07:00 2010-09-02T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_09-01-10.pdf 2010-09-01T00:00:00-07:00 2010-09-01T00:00:00-07:00

Yesterday, the Federal Circuit rejected a procedural attempt to stem the recent flood of “false patent marking” lawsuits.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_Alert_08-18-10.pdf 2010-08-18T00:00:00-07:00 2010-08-18T00:00:00-07:00

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

http://www.fenwick.com/publications/6.5.4.asp?mid=61&WT.mc_id=EB_081110 2010-08-11T00:00:00-07:00 2010-08-11T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.12.1.asp?vid=14 2010-08-09T00:00:00-07:00 2010-08-09T00:00:00-07:00

We analyzed the terms of venture financings for 126 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2010.

http://www.fenwick.com/docstore/Publications/IP/IP_Bulletins/IP_Bulletin_Summer_2010.pdf 2010-08-05T00:00:00-07:00 2010-08-05T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_07-27-10.pdf 2010-07-27T00:00:00-07:00 2010-07-27T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-23-10.pdf 2010-07-23T00:00:00-07:00 2010-07-23T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/EGS_Overview.pdf 2010-07-23T00:00:00-07:00 2010-07-23T00:00:00-07:00

For clients and investors within our network, we provide access to our CTO and IT organization for technical diligence services.

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_07-21-10.pdf 2010-07-21T00:00:00-07:00 2010-07-21T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/07-19-10_Patent_Strategy_for_Personalized_Medicine_Bilski.pdf 2010-07-19T00:00:00-07:00 2010-07-19T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=60&WT.mc_id=EB_071410 2010-07-14T00:00:00-07:00 2010-07-14T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_07-13-10.pdf 2010-07-13T00:00:00-07:00 2010-07-13T00:00:00-07:00

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")

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_07-06-10.pdf 2010-07-06T00:00:00-07:00 2010-07-06T00:00:00-07:00

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").

http://www.fenwick.com/docstore/VCSurvey/Israel_VC_Survey_Annual_2009.pdf 2010-06-30T00:00:00-07:00 2010-06-30T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/Patent_Alert_06-28-10.pdf 2010-06-28T00:00:00-07:00 2010-06-28T00:00:00-07:00

The Bilski case presented the Supreme Court with an opportunity to eliminate business methods from the scope of patentable subject matter

http://www.fenwick.com/docstore/Publications/IP/Copyright_Alert_06-24-10.pdf 2010-06-24T00:00:00-07:00 2010-06-24T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Employment/EA_06-18-10.pdf 2010-06-18T00:00:00-07:00 2010-06-18T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_06-16-10.pdf 2010-06-16T00:00:00-07:00 2010-06-16T00:00:00-07:00

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"

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-11-10.pdf 2010-06-11T00:00:00-07:00 2010-06-11T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-10-10.pdf 2010-06-10T00:00:00-07:00 2010-06-10T00:00:00-07:00

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

http://www.fenwick.com/publications/6.5.4.asp?mid=59&WT.mc_id=EB_060910 2010-06-09T00:00:00-07:00 2010-06-09T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-01-10.pdf 2010-06-01T00:00:00-07:00 2010-06-01T00:00:00-07:00

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?

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_05-26-10.pdf 2010-05-26T00:00:00-07:00 2010-05-26T00:00:00-07:00

On May 20, 2010, the Senate passed the Restoring American Financial Stability Act of 2010 ("RAFSA").

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_Alert_05-24-10.pdf 2010-05-24T00:00:00-07:00 2010-05-24T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.12.1.asp?vid=13 2010-05-18T00:00:00-07:00 2010-05-18T00:00:00-07:00

We analyzed the terms of venture financings for 104 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2010.

http://www.fenwick.com/docstore/Publications/IP/Advanced_Copyright_2010.pdf 2010-05-14T00:00:00-07:00 2010-05-14T00:00:00-07:00

During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds.

http://www.fenwick.com/publications/6.5.4.asp?mid=58&WT.mc_id=EB_051210 2010-05-12T00:00:00-07:00 2010-05-12T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/Dealing_With_Uptick.pdf 2010-05-07T00:00:00-07:00 2010-05-07T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/2010-04-13_Green_Technologies.pdf 2010-04-27T00:00:00-07:00 2010-04-27T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2010.pdf 2010-04-23T00:00:00-07:00 2010-04-23T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=57&WT.mc_id=EB_041310 2010-04-13T00:00:00-07:00 2010-04-13T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/Tax/Tax_Alert_04-07-10.pdf 2010-04-07T00:00:00-07:00 2010-04-07T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_04-06-10.pdf 2010-04-06T00:00:00-07:00 2010-04-06T00:00:00-07:00

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").

http://www.fenwick.com/docstore/Publications/IP/2010-04-06_IP_Guide_Patent_Prosecution.pdf 2010-04-06T00:00:00-07:00 2010-04-06T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_03-19-10.pdf 2010-03-19T00:00:00-07:00 2010-03-19T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/2010-03-17_Facing_Off_Facebook.pdf 2010-03-17T00:00:00-07:00 2010-03-17T00:00:00-07:00

The increasing prevalence and popularity of social networking and similar sites raise new issues for brand owners and celebrities.

http://www.fenwick.com/docstore/Publications/IP/2010-03-17_Is_There_A_Second_Life.pdf 2010-03-17T00:00:00-07:00 2010-03-17T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=56 2010-03-12T00:00:00-07:00 2010-03-12T00:00:00-07:00

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").

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_Alert_03-10-10.pdf 2010-03-10T00:00:00-07:00 2010-03-10T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/New_Form_8-K_Summary_Chart.pdf 2010-03-05T00:00:00-07:00 2010-03-05T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Form_8-K_Reference_Chart.pdf 2010-03-05T00:00:00-07:00 2010-03-05T00:00:00-07:00

A detailed reference chart that highlights event triggers and disclosure requirements for each section of the Form 8-K, updated.

http://www.fenwick.com/docstore/publications/ip/2010_Seven_Sins.pdf 2010-02-23T00:00:00-07:00 2010-02-23T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.12.1.asp?vid=12 2010-02-16T00:00:00-07:00 2010-02-16T00:00:00-07:00

We analyzed the terms of venture financings for 112 companies headquartered in Silicon Valley that reported raising money in the fourth quarter of 2009.

http://www.fenwick.com/publications/6.5.4.asp?mid=55&WT.mc_id=EB_021010 2010-02-10T00:00:00-07:00 2010-02-10T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/IP/Managing_the_Bilski_Risk.pdf 2010-01-13T00:00:00-07:00 2010-01-13T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Recent_M&A_Trends_1209.pdf 2010-01-13T00:00:00-07:00 2010-01-13T00:00:00-07:00

Recent M&A Trends & Developments—December 2009

http://www.fenwick.com/docstore/Publications/Corporate/Top_Ten_2010.pdf 2010-01-13T00:00:00-07:00 2010-01-13T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=54&WT.mc_id=EB_011210 2010-01-12T00:00:00-07:00 2010-01-12T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Employee_Benefits_Alert_01-04-10.pdf 2010-01-04T00:00:00-07:00 2010-01-04T00:00:00-07:00

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").

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_09-10.pdf 2009-12-24T00:00:00-07:00 2009-12-24T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_12-18-09.pdf 2009-12-18T00:00:00-07:00 2009-12-18T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_12-18-09.pdf 2009-12-18T00:00:00-07:00 2009-12-18T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=53&WT.mc_id=EB_121109 2009-12-11T00:00:00-07:00 2009-12-11T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/Litigation/Patent_Litigation_Alert_12-09-09.pdf 2009-12-09T00:00:00-07:00 2009-12-09T00:00:00-07:00

The Federal Circuit last week issued two opinions that substantially impact the tactics used in Texas-based patent litigation

http://www.fenwick.com/docstore/Publications/IP/Patent_Pools.pdf 2009-12-03T00:00:00-07:00 2009-12-03T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/All_Hands_Presentation_Ws_2009.pdf 2009-12-03T00:00:00-07:00 2009-12-03T00:00:00-07:00

SVAGC 21st Annual All Hands Meeting 2009

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_11-24-09.pdf 2009-11-24T00:00:00-07:00 2009-11-24T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_11-20-09.pdf 2009-11-20T00:00:00-07:00 2009-11-20T00:00:00-07:00

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")

http://www.fenwick.com/publications/6.5.4.asp?mid=52 2009-11-17T00:00:00-07:00 2009-11-17T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_11-17-09.pdf 2009-11-17T00:00:00-07:00 2009-11-17T00:00:00-07:00

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")

http://www.fenwick.com/docstore/Publications/Litigation/Are_Juries_Ready_to_Decide.pdf 2009-11-13T00:00:00-07:00 2009-11-13T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.12.1.asp?vid=11 2009-11-10T00:00:00-07:00 2009-11-10T00:00:00-07:00

We analyzed the terms of venture financings for 103 companies headquartered in Silicon Valley that reported raising money in the third quarter of 2009.

http://www.fenwick.com/publications/6.5.4.asp?mid=51 2009-10-15T00:00:00-07:00 2009-10-15T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2009.pdf 2009-10-06T00:00:00-07:00 2009-10-06T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=50 2009-09-09T00:00:00-07:00 2009-09-09T00:00:00-07:00

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").

http://www.fenwick.com/docstore/publications/IP/Bilski_Brief.pdf 2009-09-04T00:00:00-07:00 2009-09-04T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/2009-09-02_Ariad_Written_Description.pdf 2009-09-02T00:00:00-07:00 2009-09-02T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Employee_Benefits_Alert_08-27-09.pdf 2009-08-27T00:00:00-07:00 2009-08-27T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_08-24-09.pdf 2009-08-24T00:00:00-07:00 2009-08-24T00:00:00-07:00

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).

http://www.fenwick.com/publications/6.5.4.asp?mid=49 2009-08-14T00:00:00-07:00 2009-08-14T00:00:00-07:00

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

http://www.fenwick.com/publications/6.12.1.asp?vid=10 2009-08-07T00:00:00-07:00 2009-08-07T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_08-07-09.pdf 2009-08-07T00:00:00-07:00 2009-08-07T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_08-05-09.pdf 2009-08-05T00:00:00-07:00 2009-08-05T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_07-27-09.pdf 2009-07-27T00:00:00-07:00 2009-07-27T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/LifeSciences/An_Unclear_Diagnosis.pdf 2009-07-24T00:00:00-07:00 2009-07-24T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.5.4.asp?mid=48 2009-07-16T00:00:00-07:00 2009-07-16T00:00:00-07:00

The California and U.S. Supreme Courts handed down three very important decisions in recent weeks that affect several key aspects of employment law...

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-13-09.pdf 2009-07-13T00:00:00-07:00 2009-07-13T00:00:00-07:00

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...

http://www.fenwick.com/docstore/VCSurvey/Israel_VC_Survey_Q4_2008_+_Q1_2009.pdf 2009-07-09T00:00:00-07:00 2009-07-09T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2009.pdf 2009-07-07T00:00:00-07:00 2009-07-07T00:00:00-07:00

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).

http://www.fenwick.com/docstore/Publications/EIM/EIM_Alert_07-06-09_California_eDiscovery_Signed_Into_Law.pdf 2009-07-06T00:00:00-07:00 2009-07-06T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/Corporate/Employee_Benefits_Alert_07-02-09.pdf 2009-07-02T00:00:00-07:00 2009-07-02T00:00:00-07:00

Clients often ask us whether certain groups of employees, such as part-time or temporary employees, must be covered under their 401(k) plan

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_07-02-09.pdf 2009-07-02T00:00:00-07:00 2009-07-02T00:00:00-07:00

On July 1 the Securities and Exchange Commission took action on three measures that affect public company compensation and governance

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_06-24-09.pdf 2009-06-24T00:00:00-07:00 2009-06-24T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-22-09.pdf 2009-06-22T00:00:00-07:00 2009-06-22T00:00:00-07:00

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

http://www.fenwick.com/docstore/publications/Corporate/Federal_Initiatives.pdf 2009-06-17T00:00:00-07:00 2009-06-17T00:00:00-07:00

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.

http://www.fenwick.com/docstore/publications/General_Firm/2009_EGovernment.pdf 2009-06-12T00:00:00-07:00 2009-06-12T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=47 2009-06-10T00:00:00-07:00 2009-06-10T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_06-09-09.pdf 2009-06-09T00:00:00-07:00 2009-06-09T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/Patent_Licensing.pdf 2009-06-04T00:00:00-07:00 2009-06-04T00:00:00-07:00

Virtually all technology companies rely on licenses to achieve their business goals.

http://www.fenwick.com/publications/6.12.1.asp?vid=9 2009-05-27T00:00:00-07:00 2009-05-27T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_05-20-09.pdf 2009-05-20T00:00:00-07:00 2009-05-20T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/IP/Top_Ten_Patent_Issues.pdf 2009-05-15T00:00:00-07:00 2009-05-15T00:00:00-07:00

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.....

http://www.fenwick.com/docstore/Publications/IP/Transfer_IP_Rights.pdf 2009-05-15T00:00:00-07:00 2009-05-15T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/Corporate/Employee_Benefits_Alert_05-14-09.pdf 2009-05-14T00:00:00-07:00 2009-05-14T00:00:00-07:00

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....

http://www.fenwick.com/publications/6.5.4.asp?mid=46 2009-05-14T00:00:00-07:00 2009-05-14T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Cleantech/CTA_05-06-09.pdf 2009-05-06T00:00:00-07:00 2009-05-06T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/2009_Guide_Starting_Corp.pdf 2009-04-22T00:00:00-07:00 2009-04-22T00:00:00-07:00

This guide describes certain basic considerations and costs involved in forming a Delaware or California corporation.

http://www.fenwick.com/docstore/Publications/Corporate/2009_Raising_Initial_Funding.pdf 2009-04-22T00:00:00-07:00 2009-04-22T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/Key_Service_Agreement_2009.pdf 2009-04-22T00:00:00-07:00 2009-04-22T00:00:00-07:00

Outsourcing of technology-related services continues to grow.

http://www.fenwick.com/docstore/Publications/Corporate/2009_Legal_Resource_Guide.pdf 2009-04-22T00:00:00-07:00 2009-04-22T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_04-16-09.pdf 2009-04-16T00:00:00-07:00 2009-04-16T00:00:00-07:00

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)...

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_05-20-09.pdf 2009-04-16T00:00:00-07:00 2009-04-16T00:00:00-07:00

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....

http://www.fenwick.com/publications/6.5.4.asp?mid=45 2009-04-15T00:00:00-07:00 2009-04-15T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/Cleantech/Protecting_Innovation_Cleantech.pdf 2009-04-15T00:00:00-07:00 2009-04-15T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Cleantech/American_Recovery_Reinvestmen_Act_CT_040309.pdf 2009-04-03T00:00:00-07:00 2009-04-03T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Shrinking_Prospects_CFAA.pdf 2009-04-01T00:00:00-07:00 2009-04-01T00:00:00-07:00

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."

http://www.fenwick.com/docstore/Publications/Corporate/emp-benefits_alert_03-24-09.pdf 2009-03-24T00:00:00-07:00 2009-03-24T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2009.pdf 2009-03-20T00:00:00-07:00 2009-03-20T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_03-19-09.pdf 2009-03-19T00:00:00-07:00 2009-03-19T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/IP/TIE_INSTITUTE_031809.pdf 2009-03-18T00:00:00-07:00 2009-03-18T00:00:00-07:00

TiE Institute - Statrting a Company Now?? Founder and Formation Issues in a Turbulent Market....

http://www.fenwick.com/docstore/Publications/IP/2009-03-18_Trolls.pdf 2009-03-18T00:00:00-07:00 2009-03-18T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/Corporate/vcsurvey/2008_Lifesciences_VC_Survey_F.pdf 2009-03-16T00:00:00-07:00 2009-03-16T00:00:00-07:00

The results of our fifth annual San Francisco Bay Area Life Science Venture Capital Valuation Survey...

http://www.fenwick.com/docstore/Publications/IP/2009-03-16_In_re_Bilski.pdf 2009-03-16T00:00:00-07:00 2009-03-16T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/IP/2009-03-16_In_re_Bilski.pdf 2009-03-16T00:00:00-07:00 2009-03-16T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.5.4.asp?mid=44 2009-03-12T00:00:00-07:00 2009-03-12T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/IP/2009-02-05_FAQ_international_patent.pdf 2009-03-11T00:00:00-07:00 2009-03-11T00:00:00-07:00

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....

http://www.fenwick.com/docstore/VCSurvey/Israel_VC_Survey_H2_2008.pdf 2009-02-27T00:00:00-07:00 2009-02-27T00:00:00-07:00

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....

http://www.fenwick.com/publications/6.12.1.asp?vid=8 2009-02-27T00:00:00-07:00 2009-02-27T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_02-26-09.pdf 2009-02-26T00:00:00-07:00 2009-02-26T00:00:00-07:00

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")....

http://www.fenwick.com/docstore/Publications/IP/Framework_Identifying_Inventions.pdf 2009-02-25T00:00:00-07:00 2009-02-25T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_02-23-09.pdf 2009-02-23T00:00:00-07:00 2009-02-23T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_02-18-09.pdf 2009-02-18T00:00:00-07:00 2009-02-18T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.5.4.asp?mid=43 2009-02-09T00:00:00-07:00 2009-02-09T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_01-21-09.pdf 2009-01-21T00:00:00-07:00 2009-01-21T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/IP/1-15-09_PLYIR_Materials.pdf 2009-01-15T00:00:00-07:00 2009-01-15T00:00:00-07:00

A Look Back at 2008 and A Look Ahead at 2009....

http://www.fenwick.com/docstore/publications/Litigation/Costco_Decision.pdf 2009-01-13T00:00:00-07:00 2009-01-13T00:00:00-07:00

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....

http://www.fenwick.com/publications/6.5.4.asp?mid=42 2009-01-13T00:00:00-07:00 2009-01-13T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/IP/On_Shaky_Ground.pdf 2009-01-08T00:00:00-07:00 2009-01-08T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_01-07-09.pdf 2009-01-07T00:00:00-07:00 2009-01-07T00:00:00-07:00

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")....

http://www.fenwick.com/docstore/Publications/Corporate/MA_Alert_01-07-09.pdf 2009-01-07T00:00:00-07:00 2009-01-07T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_2008_2009.pdf 2008-12-23T00:00:00-07:00 2008-12-23T00:00:00-07:00

Personalized medicine companies should implement new strategies to deal with the challenges associated with protecting their inventions...

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_12-16-08.pdf 2008-12-16T00:00:00-07:00 2008-12-16T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.5.4.asp?mid=41 2008-12-10T00:00:00-07:00 2008-12-10T00:00:00-07:00

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_12-08-08.pdf 2008-12-08T00:00:00-07:00 2008-12-08T00:00:00-07:00

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....

http://www.fenwick.com/docstore/Publications/IP/In_Re_Swanson.pdf 2008-12-05T00:00:00-07:00 2008-12-05T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_11-24-08.pdf 2008-11-24T00:00:00-07:00 2008-11-24T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.12.1.asp?vid=7 2008-11-24T00:00:00-07:00 2008-11-24T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.5.4.asp?mid=40 2008-11-20T00:00:00-07:00 2008-11-20T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_11-19-08.pdf 2008-11-19T00:00:00-07:00 2008-11-19T00:00:00-07:00

The United States Department of Justice has opened a new front on its war against allegedly fraudulent tax shelters...

http://www.fenwick.com/docstore/Publications/IP/Patent_Alert_10-31-08.pdf 2008-10-31T00:00:00-07:00 2008-10-31T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_10-22-08.pdf 2008-10-22T00:00:00-07:00 2008-10-22T00:00:00-07:00

Hexion v. Huntsman provides lessons on what constitutes a Material Adverse Effect and the meaning of "reasonable best efforts" and "knowing and intentional breach."...

http://www.fenwick.com/docstore/Publications/Corporate/NASDAQ_Temp_Suspends_Min_Bid.pdf 2008-10-22T00:00:00-07:00 2008-10-22T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/IP/Advanced_Copyright_10-20-08.pdf 2008-10-20T00:00:00-07:00 2008-10-20T00:00:00-07:00

During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds.

http://www.fenwick.com/docstore/Publications/IP/Blurry_Trademark_Dilution.pdf 2008-10-20T00:00:00-07:00 2008-10-20T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2008.pdf 2008-10-17T00:00:00-07:00 2008-10-17T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.5.4.asp?mid=39 2008-10-07T00:00:00-07:00 2008-10-07T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/FASB_Reconsider_10-01-08.pdf 2008-10-02T00:00:00-07:00 2008-10-02T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Patent_Checklist.pdf 2008-09-23T00:00:00-07:00 2008-09-23T00:00:00-07:00

For many technology companies, developing a patent strategy is an important component of the business plan.

http://www.fenwick.com/publications/6.5.4.asp?mid=38 2008-09-18T00:00:00-07:00 2008-09-18T00:00:00-07:00

Avila v. Continental Airlines, Inc. is the latest court decision to highlight the often complex intersection between disability and medical leave laws...

http://www.fenwick.com/docstore/Publications/IP/Io_V_Veoh.pdf 2008-09-02T00:00:00-07:00 2008-09-02T00:00:00-07:00

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...

http://www.fenwick.com/docstore/publications/EIM/VCE_Wrangling_Lassoing_Roping_M&A_Corral.pdf 2008-08-26T00:00:00-07:00 2008-08-26T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.12.1.asp?vid=6 2008-08-15T00:00:00-07:00 2008-08-15T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.5.4.asp?mid=37 2008-08-12T00:00:00-07:00 2008-08-12T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_08-11-08.pdf 2008-08-11T00:00:00-07:00 2008-08-11T00:00:00-07:00

On August 7 and 8, the Securities and Exchange Commission announced settlements with Citigroup Global Markets and UBS Securities and UBS Financial Services Inc....

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_08-08-08.pdf 2008-08-08T00:00:00-07:00 2008-08-08T00:00:00-07:00

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")...

http://www.fenwick.com/docstore/Publications/IP/CartoonNetwork_V_Cablevision.pdf 2008-08-06T00:00:00-07:00 2008-08-06T00:00:00-07:00

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." ...

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_07-30-08.pdf 2008-07-30T00:00:00-07:00 2008-07-30T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Litigation/Opinion_Letters_Seagate.pdf 2008-07-28T00:00:00-07:00 2008-07-28T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Employment/EBA_07-23-08.pdf 2008-07-23T00:00:00-07:00 2008-07-23T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2008.pdf 2008-07-15T00:00:00-07:00 2008-07-15T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/SEC_Extends_Date_Auditor.pdf 2008-07-11T00:00:00-07:00 2008-07-11T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=36 2008-07-10T00:00:00-07:00 2008-07-10T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-08-08.pdf 2008-07-08T00:00:00-07:00 2008-07-08T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Litigation/Think_You_Are_A_Co-Owner_Of_A_Copyright_06-16-08.pdf 2008-06-18T00:00:00-07:00 2008-06-18T00:00:00-07:00

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)...

http://www.fenwick.com/publications/6.5.4.asp?mid=35 2008-06-10T00:00:00-07:00 2008-06-10T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-09-08.pdf 2008-06-09T00:00:00-07:00 2008-06-09T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2008.pdf 2008-05-19T00:00:00-07:00 2008-05-19T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.5.4.asp?mid=34 2008-05-15T00:00:00-07:00 2008-05-15T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Privacy_Alert_04-30-08.pdf 2008-04-30T00:00:00-07:00 2008-04-30T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_04-24-08.pdf 2008-04-24T00:00:00-07:00 2008-04-24T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/409_Valuations_Stock_Options.pdf 2008-04-15T00:00:00-07:00 2008-04-15T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=33 2008-04-11T00:00:00-07:00 2008-04-11T00:00:00-07:00

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).

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_04-08-08.pdf 2008-04-08T00:00:00-07:00 2008-04-08T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Federal_Circuit.pdf 2008-03-27T00:00:00-07:00 2008-03-27T00:00:00-07:00

The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar.

http://www.fenwick.com/docstore/Publications/EIM/SOX_Litigation-Hold_Triggers.pdf 2008-03-24T00:00:00-07:00 2008-03-24T00:00:00-07:00

Years after passage of the Sarbanes-Oxley Act of 2002, many companies still believe the Act applies uniquely to public companies.

http://www.fenwick.com/docstore/Publications/Corporate/vcsurvey/2007_Lifesciences_VC_Survey.pdf 2008-03-19T00:00:00-07:00 2008-03-19T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_03-17-08.pdf 2008-03-17T00:00:00-07:00 2008-03-17T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=32 2008-03-11T00:00:00-07:00 2008-03-11T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.12.1.asp?vid=4 2008-03-04T00:00:00-07:00 2008-03-04T00:00:00-07:00

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.

After unanimous approval by the California Assembly and the California Senate, Governor Arnold Schwarzenegger signed S.B. 771 into law on October 10, 2007, amending California Civil Code section 3344.1. 2008-03-03T00:00:00-07:00 2008-03-03T00:00:00-07:00

http://www.fenwick.com/docstore/Publications/Corporate/Execu_Comp_02-22-08.pdf 2008-02-22T00:00:00-07:00 2008-02-22T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/Summary_Enterprise_Tax_Law_China.pdf 2008-02-21T00:00:00-07:00 2008-02-21T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_02-18-09.pdf 2008-02-18T00:00:00-07:00 2008-02-18T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/Execu_Comp_02-14-08.pdf 2008-02-14T00:00:00-07:00 2008-02-14T00:00:00-07:00

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...

http://www.fenwick.com/docstore/Publications/Corporate/2008_Raising_Initial_Funding.pdf 2008-02-12T00:00:00-07:00 2008-02-12T00:00:00-07:00

This is a brief summary of the process for raising initial funding in the Bay Area for high technology companies.

http://www.fenwick.com/docstore/Publications/Corporate/Execu_Comp_02-08-08.pdf 2008-02-08T00:00:00-07:00 2008-02-08T00:00:00-07:00

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...

http://www.fenwick.com/publications/6.5.4.asp?mid=31 2008-02-08T00:00:00-07:00 2008-02-08T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/2008_Est_Subsidiary_India.pdf 2008-02-06T00:00:00-07:00 2008-02-06T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_01-30-08.pdf 2008-01-30T00:00:00-07:00 2008-01-30T00:00:00-07:00

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").

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_01-28-08.pdf 2008-01-28T00:00:00-07:00 2008-01-28T00:00:00-07:00

As the stock option backdating cases wind down, what will be the next corporate scandal to gain widespread notoriety?

http://www.fenwick.com/docstore/Publications/Corporate/Labor_Contract_Law_China_2008.pdf 2008-01-25T00:00:00-07:00 2008-01-25T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/2008_Update_Business_China.pdf 2008-01-24T00:00:00-07:00 2008-01-24T00:00:00-07:00

Many companies doing business in China are using a structure which includes a company formed under the laws of the Cayman Islands ("CI").

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_01-18-08.pdf 2008-01-18T00:00:00-07:00 2008-01-18T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/Patent_Law_2008.pdf 2008-01-17T00:00:00-07:00 2008-01-17T00:00:00-07:00

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

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_01-16-08.pdf 2008-01-16T00:00:00-07:00 2008-01-16T00:00:00-07:00

The Securities and Exchange Commission adopted an amendment to its proxy statement rules in July 2007 regarding electronic availability of proxy materials.

http://www.fenwick.com/publications/6.5.4.asp?mid=30 2008-01-08T00:00:00-07:00 2008-01-08T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.12.1.asp?vid=3 2008-01-07T00:00:00-07:00 2008-01-07T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Est_Subsidiary_China_2008.pdf 2008-01-03T00:00:00-07:00 2008-01-03T00:00:00-07:00

As China's strength in the global economy continues to grow, businesses need to consider the prospect of establishing operations within its borders.

http://www.fenwick.com/docstore/Publications/Corporate/2008_Update_Stock_Options_China.pdf 2008-01-03T00:00:00-07:00 2008-01-03T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Invest_Operating_In_China_2008.pdf 2008-01-03T00:00:00-07:00 2008-01-03T00:00:00-07:00

There are a number of business sectors in China such as telecommunications services, online commerce and auction in which direct foreign investment is restricted.

http://www.fenwick.com/publications/6.5.4.asp?mid=29 2007-12-10T00:00:00-07:00 2007-12-10T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Execu_Comp_12-06-07.pdf 2007-12-06T00:00:00-07:00 2007-12-06T00:00:00-07:00

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).

http://www.fenwick.com/publications/6.5.4.asp?mid=28 2007-11-20T00:00:00-07:00 2007-11-20T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Execu_Comp_10-22-07.pdf 2007-10-22T00:00:00-07:00 2007-10-22T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2007.pdf 2007-10-12T00:00:00-07:00 2007-10-12T00:00:00-07:00

Disclosures to government regulators have always posed risks to trade secrets and other proprietary information.

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_10-10-07.pdf 2007-10-10T00:00:00-07:00 2007-10-10T00:00:00-07:00

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.

http://www.fenwick.com/publications/6.5.4.asp?mid=27 2007-10-08T00:00:00-07:00 2007-10-08T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/M&A_Developments_Deal_Process.pdf 2007-10-04T00:00:00-07:00 2007-10-04T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/IP_video/New_Patent_Rules_09-19-07.html 2007-09-19T00:00:00-07:00 2007-09-19T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Perfect10_CyberspLawyr_09-07.pdf 2007-09-17T00:00:00-07:00 2007-09-17T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Perfect10_v_Google_IPS.pdf 2007-09-11T00:00:00-07:00 2007-09-11T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Corporate/Execu_Comp_09-11-07.pdf 2007-09-11T00:00:00-07:00 2007-09-11T00:00:00-07:00

On April 10, 2007, the IRS issued final regulations under Section 409A of the Internal Revenue Code of 1986, as amended ("Section 409A").

http://www.fenwick.com/publications/6.5.4.asp?mid=26 2007-09-10T00:00:00-07:00 2007-09-10T00:00:00-07:00

The California Supreme Court has provided guidance regarding the enforceability of a ban on class actions in employment arbitration agreements.

http://www.fenwick.com/publications/6.12.1.asp?vid=2 2007-09-06T00:00:00-07:00 2007-09-06T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Picture_Perfect.pdf 2007-09-04T00:00:00-07:00 2007-09-04T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_09-04-07.pdf 2007-09-04T00:00:00-07:00 2007-09-04T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/LifeSciences/Perspective_Patents_MedImmune.pdf 2007-08-31T00:00:00-07:00 2007-08-31T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_08-21-07.pdf 2007-08-21T00:00:00-07:00 2007-08-21T00:00:00-07:00

On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness.

http://www.fenwick.com/docstore/Publications/IP/Patent_Alert_08-21-07.pdf 2007-08-21T00:00:00-07:00 2007-08-21T00:00:00-07:00

Earlier today, the United States Patent and Trademark Office (USPTO) published new rules for patent prosecution.

http://www.fenwick.com/docstore/Publications/Litigation/Client_Alert_08-14-07.pdf 2007-08-14T00:00:00-07:00 2007-08-14T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Injunctions_After_eBay.pdf 2007-07-31T00:00:00-07:00 2007-07-31T00:00:00-07:00

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).

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-30-07.pdf 2007-07-30T00:00:00-07:00 2007-07-30T00:00:00-07:00

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)

http://www.fenwick.com/docstore/Publications/Tax/Tax_Alert_07-23-07.pdf 2007-07-23T00:00:00-07:00 2007-07-23T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-17-07.pdf 2007-07-17T00:00:00-07:00 2007-07-17T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/IP/New_Patent_Rules_Looming.pdf 2007-07-16T00:00:00-07:00 2007-07-16T00:00:00-07:00

The United States Patent & Trademark Office has proposed several sweeping new rules that will significantly alter how patent applications are treated.

http://www.fenwick.com/docstore/Publications/Litigation/Top_5_Practices.pdf 2007-07-13T00:00:00-07:00 2007-07-13T00:00:00-07:00

Top Five Practices for Implementing an Effective Trade Secret Preservation Program.

http://www.fenwick.com/docstore/Publications/Litigation/Twombly.pdf 2007-07-11T00:00:00-07:00 2007-07-11T00:00:00-07:00

The foundation of any litigation is the complaint, and more specifically, the allegations made to support the plaintiff's claims.

http://www.fenwick.com/docstore/Publications/Corporate/Execu_Comp_07-11-07.pdf 2007-07-11T00:00:00-07:00 2007-07-11T00:00:00-07:00

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

http://www.fenwick.com/publications/6.5.4.asp?mid=25 2007-07-10T00:00:00-07:00 2007-07-10T00:00:00-07:00

In an unusual decision specifically addressing a "no-hire clause," a California appellate court articulated some guidelines as to the enforceability of such provisions.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-05-07.pdf 2007-07-05T00:00:00-07:00 2007-07-05T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_06-28-07.pdf 2007-06-28T00:00:00-07:00 2007-06-28T00:00:00-07:00

On June 28, 2007, the Supreme Court issued its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, addressing the proper antitrust analysis of resale price maintenance under Section 1 of the Sherman Act, one of the most important federal antitrust statutes.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2007.pdf 2007-06-26T00:00:00-07:00 2007-06-26T00:00:00-07:00

On May 23, 2007, Coca-Cola employee Joya Williams was sentenced to eight years in prison for trying to sell Coke's trade secrets to rival Pepsi.

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_06-21-07.pdf 2007-06-21T00:00:00-07:00 2007-06-21T00:00:00-07:00

On June 21, 2007, the U.S. Supreme Court handed down a decision that provides welcome news to any public company, officer or director facing the prospect of a securities class action lawsuit.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_06-20-07.pdf 2007-06-20T00:00:00-07:00 2007-06-20T00:00:00-07:00

On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the U.S. Supreme Court issued an important decision about the relationship between the federal antitrust laws and the federal securities laws

http://www.fenwick.com/publications/6.5.4.asp?mid=24 2007-06-18T00:00:00-07:00 2007-06-18T00:00:00-07:00

In a favorable decision for employers, the U.S. Supreme Court held that an employee's Title VII claim for sex discrimination — based on allegations of unequal pay compared to her male peers - was untimely because she waited several years following the allegedly discriminatory acts to bring her claim.

http://www.fenwick.com/docstore/Publications/IP/Int_Patent_Strategy.pdf 2007-06-18T00:00:00-07:00 2007-06-18T00:00:00-07:00

In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted.

http://www.fenwick.com/docstore/Publications/Litigation/playing_by_notice.pdf 2007-06-01T00:00:00-07:00 2007-06-01T00:00:00-07:00

This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares.

http://www.fenwick.com/docstore/Publications/Corporate/2007_Update_Granting_Stock_India.pdf 2007-05-30T00:00:00-07:00 2007-05-30T00:00:00-07:00

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.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_05-24-07.pdf 2007-05-24T00:00:00-07:00 2007-05-24T00:00:00-07:00

This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares.

http://www.fenwick.com/publications/6.12.1.asp?vid=1 2007-05-24T00:00:00-07:00 2007-05-24T00:00:00-07:00

We analyzed the terms of venture financings for 117 companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2007.

http://www.fenwick.com/docstore/Publications/IP/Basics_of_Early_Stage_Legal_Issues_-_Guide_for_Entrepreneurs.pdf 2007-05-18T00:00:00-07:00 2007-05-18T00:00:00-07:00

This guide was prepared for TiEcon 2007.

http://www.fenwick.com/docstore/Publications/IP/Copyright_Alert_05-17-07.pdf 2007-05-17T00:00:00-07:00 2007-05-17T00:00:00-07:00

How fast do things change in "Internet time"? That was in substance one of the questions posed in yesterday's Ninth Circuit decision in Perfect 10 v. Google, which considered inter alia whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_05-17-07.pdf 2007-05-17T00:00:00-07:00 2007-05-17T00:00:00-07:00

On May 15, 2007, the Ninth Circuit issued an important decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties.

http://www.fenwick.com/docstore/Publications/Corporate/IP_Stratgy_BP_China.pdf 2007-05-16T00:00:00-07:00 2007-05-16T00:00:00-07:00

China's Ministry of Commerce issued guidelines in March on attracting foreign investment in 2007.

http://www.fenwick.com/publications/6.5.4.asp?mid=23 2007-05-09T00:00:00-07:00 2007-05-09T00:00:00-07:00

Employers with 100 or more employees and federal contractors with 50 or more employees must comply with new Employer Information Report (EEO-1) requirements, including a revised report form that must be used in 2007 and revised collection and reporting requirements for 2008.

http://www.fenwick.com/docstore/Publications/Litigation/2nd_Litigation_Alert_05-01-07.pdf 2007-05-01T00:00:00-07:00 2007-05-01T00:00:00-07:00

On April 30, the Supreme Court in KSR International v. Teleflex, announced that "the results of ordinary innovation are not the subject of exclusive rights under the patent laws."

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_05-01-07.pdf 2007-05-01T00:00:00-07:00 2007-05-01T00:00:00-07:00

On April 30, the Supreme Court issued an important decision affecting liability for patent infringement for computer software developed in the United States and distributed abroad.

http://www.fenwick.com/publications/6.5.4.asp?mid=22 2007-04-17T00:00:00-07:00 2007-04-17T00:00:00-07:00

In a unanimous decision, the California Supreme Court held that the hour of pay to which non-exempt employees are entitled when they are denied a meal or rest period constitutes a wage, not a penalty.

http://www.fenwick.com/docstore/Publications/Litigation/Legal_FAQ_Patent_Law.pdf 2007-04-17T00:00:00-07:00 2007-04-17T00:00:00-07:00

A patent is a legal right to exclude others from practicing the patented invention for a limited period of time in exchange for disclosing the details of the invention to the public.

http://www.fenwick.com/docstore/Publications/Litigation/Legal_FAQ_Patent_Litigation.pdf 2007-04-17T00:00:00-07:00 2007-04-17T00:00:00-07:00

The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from practicing it.

http://www.fenwick.com/docstore/Publications/Corporate/Execu_Comp_04-16-07.pdf 2007-04-16T00:00:00-07:00 2007-04-16T00:00:00-07:00

On April 10, 2007, the IRS issued final regulations under Section 409A of the Internal Revenue Code of 1986, as amended (Section 409A).

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_04-12-07.pdf 2007-04-12T00:00:00-07:00 2007-04-12T00:00:00-07:00

In a detailed and thoughtful decision—and one that is certain to be cited frequently in the months ahead—Judge William Alsup has dismissed a shareholder derivative complaint against various officers and directors of CNET Networks, Inc...

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_04-12-07.pdf 2007-04-12T00:00:00-07:00 2007-04-12T00:00:00-07:00

In a detailed and thoughtful decision—and one that is certain to be cited frequently in the months ahead ? Judge William Alsup has dismissed a shareholder derivative complaint against various officers and directors of CNET Networks, Inc...

http://www.fenwick.com/publications/6.5.4.asp?mid=21 2007-04-11T00:00:00-07:00 2007-04-11T00:00:00-07:00

In Cintas Corp. v. NLRB, the Court of Appeals for the District of Columbia Circuit ruled that an employer committed an unfair labor practice under the National Labor Relations Act (NLRA) by simply publishing its policy on confidentiality, even though the rule did not expressly forbid protected discussions nor was there evidence that the rule was used to prohibit protected activity.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2007.pdf 2007-04-02T00:00:00-07:00 2007-04-02T00:00:00-07:00

The Supreme Court has ruled that patent licensees do not need to breach their license agreements before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed.

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_03-30-07.pdf 2007-03-30T00:00:00-07:00 2007-03-30T00:00:00-07:00

On March 28, 2007, the United States Supreme Court heard oral argument in Tellabs, Inc., et al. v. Makor Issues & Rights, Ltd., et al., a case that promises to resolve a significant and long-standing disagreement among courts on interpretation of the requirement that plaintiffs in securities fraud actions plead a "strong inference" of scienter.

http://www.fenwick.com/docstore/Publications/Corporate/2007_Update_Establishing_Subsidiary_India.pdf 2007-03-14T00:00:00-07:00 2007-03-14T00:00:00-07:00

Businesses in the U.S. continue to move a portion of their development, support and other operations offshore to India, primarily for cost-saving reasons. Venture capital investors may require such outsourcing in order to reduce a company's burn rate.

http://www.fenwick.com/docstore/Publications/Corporate/Execu_Comp_03-12-07.pdf 2007-03-12T00:00:00-07:00 2007-03-12T00:00:00-07:00

The Government of India's proposed budget for 2007-2008 (commencing April 1, 2007) includes extending the 35% fringe benefit tax imposed on employers to the income their employees in India recognize on exercise of compensatory stock options.

http://www.fenwick.com/publications/6.5.4.asp?mid=20 2007-03-12T00:00:00-07:00 2007-03-12T00:00:00-07:00

In Walton v. U.S. Marshall Service, the Ninth Circuit clarified the legal standard for establishing a "regarded as" disability discrimination claim. Naomi Walton, a court security guard, was terminated from her employment after failing to meet her employer's hearing standard.

http://www.fenwick.com/docstore/Publications/Corporate/No_AHRA_Immunity.pdf 2007-03-07T00:00:00-07:00 2007-03-07T00:00:00-07:00

In a case of first impression, and one of the few cases interpreting the statute at issue, a New York district court held that the Audio Home Recording Act, 17 U.S.C. §§ 1001 et seq.

http://www.fenwick.com/docstore/Publications/Corporate/CSUSA-NY_Space-Shifting.pdf 2007-03-07T00:00:00-07:00 2007-03-07T00:00:00-07:00

Issues arise in highly varied context involving different kinds of access to different kinds of content, provided through different technologies

http://www.fenwick.com/docstore/Publications/Corporate/No_AHRA_Immunity.pdf 2007-03-01T00:00:00-07:00 2007-03-01T00:00:00-07:00

A New York district court held that the Audio Home Recording Act, 17 U.S.C. §§ 1001 et seq. ("AHRA"), does not immunize a distributor of digital audio recording devices from copyright liability ...

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_03-01-07.pdf 2007-03-01T00:00:00-07:00 2007-03-01T00:00:00-07:00

The United States District Court for the Northern District of California has revised Civil Local Rule 16-9 and issued a new Standing Order for all Judges regarding the required contents of Joint Case Management Statements

http://www.fenwick.com/docstore/Publications/Corporate/CSUSA-NY_Space-Shifting.pdf 2007-03-01T00:00:00-07:00 2007-03-01T00:00:00-07:00

Using Other Folks' (Copyrighted) Stuff on the Move: Issue Array

http://www.fenwick.com/docstore/Publications/Corporate/2007_Update_Structuring_VC_in_India.pdf 2007-02-28T00:00:00-07:00 2007-02-28T00:00:00-07:00

Many U.S. and other foreign investors are evaluating alternatives for structuring investments into software development, business process outsourcing, drug discovery and other tech and non-tech companies based in India.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_02-23-07.pdf 2007-02-23T00:00:00-07:00 2007-02-23T00:00:00-07:00

On February 20, 2007, Philip Morris won temporary reprieve when the Supreme Court vacated a jury award of $79.5 million in punitive damages to the widow of a deceased smoker, Jesse Williams.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_02-21-07.pdf 2007-02-21T00:00:00-07:00 2007-02-21T00:00:00-07:00

On February 20, the Supreme Court issued its decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381, addressing the antitrust analysis of predatory bidding under Sherman Act Section 2.

http://www.fenwick.com/docstore/VCSurvey/Q406_VC_Terms_Survey_Report.pdf 2007-02-21T00:00:00-07:00 2007-02-21T00:00:00-07:00

We analyzed the terms of venture financings for 113 technology companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2006.

http://www.fenwick.com/docstore/Publications/Litigation/sec/Sec_Litigation_Alert_02-12-07.pdf 2007-02-12T00:00:00-07:00 2007-02-12T00:00:00-07:00

In two separate decisions issued on February 6, the Delaware Chancery Court weighed in for the first time on issues directly relating to the current wave of stock option matters.

http://www.fenwick.com/docstore/Publications/Corporate/Tax_Alert_02-12-07.pdf 2007-02-12T00:00:00-07:00 2007-02-12T00:00:00-07:00

The IRS has announced a voluntary correction program (the "Program") that employers can use to correct underwithholding of certain taxes incurred from the exercise in 2006 of "backdated options."

http://www.fenwick.com/publications/6.5.4.asp?mid=19 2007-02-07T00:00:00-07:00 2007-02-07T00:00:00-07:00

A California court of appeal recently clarified which kinds of conduct will support a hostile work environment harassment claim under California’s Fair Employment and Housing Act (FEHA).

http://www.fenwick.com/docstore/Publications/Corporate/2007_Update_Stock_Options_China.pdf 2007-02-05T00:00:00-07:00 2007-02-05T00:00:00-07:00

This memorandum is an overview of the legal and strategic issues related to granting stock options in China, including understanding Chinese cultural views of employment and compensation, structuring option grants to comply with applicable Chinese currency controls and securities law restrictions and the tax consequences of options to the optionee.

http://www.fenwick.com/docstore/Publications/EIM/Dec06Privacy_website.pdf 2007-02-02T00:00:00-07:00 2007-02-02T00:00:00-07:00

The Federal Communications Decency Act of 1996 ("CDA") immunizes Web site operators and other interactive computer service providers from liability for third parties' tortious acts.

http://www.fenwick.com/docstore/Publications/Corporate/2007_Raising_Initial_Funding.pdf 2007-02-01T00:00:00-07:00 2007-02-01T00:00:00-07:00

This is a brief summary of the process for raising initial funding in the Bay Area for high technology companies.

http://www.fenwick.com/docstore/Publications/Corporate/Invest_Operating_In_China_2007.pdf 2007-01-19T00:00:00-07:00 2007-01-19T00:00:00-07:00

There are a number of business sectors in China such as telecommunications services, online commerce and advertising in which direct foreign investment is restricted.

http://www.fenwick.com/docstore/Publications/Corporate/Establishing_Subsidiary_in_China_2007.pdf 2007-01-19T00:00:00-07:00 2007-01-19T00:00:00-07:00

As China's strength in the global economy continues to grow, businesses need to consider the prospect of establishing operations within its borders.

http://www.fenwick.com/docstore/Publications/Corporate/IP_Law_in_China.pdf 2007-01-19T00:00:00-07:00 2007-01-19T00:00:00-07:00

The work made for hire (sometimes abbreviated to work for hire or "WFH") doctrine is an exception to the general copyright rule that the person who actually creates a work is the legally-recognized author of that work.

http://www.fenwick.com/docstore/Publications/Litigation/Out_of_Sight.pdf 2007-01-19T00:00:00-07:00 2007-01-19T00:00:00-07:00

Much has been written in recent years about the benefits and pitfalls associated with employee telecommuting arrangements.

http://www.fenwick.com/docstore/Publications/Corporate/2007_Update_Business_China.pdf 2007-01-19T00:00:00-07:00 2007-01-19T00:00:00-07:00

Many companies doing business in China are using a structure which includes a company formed under the laws of the Cayman Islands ("CI").

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_01-16-07.pdf 2007-01-16T00:00:00-07:00 2007-01-16T00:00:00-07:00

The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase effective February 16 or 19, 2007 (depending on publication date), due to an annual adjustment mechanism that was created in the last round of amendments to the Act.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_01-10-07.pdf 2007-01-10T00:00:00-07:00 2007-01-10T00:00:00-07:00

Yesterday, the Supreme Court ruled in MedImmune v. Genentech that a patent licensee does not need to breach its license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_01-05-07.pdf 2007-01-05T00:00:00-07:00 2007-01-05T00:00:00-07:00

To close out 2006 the SEC has issued a welcome amendment of its Executive Compensation Disclosure Rules (adopted in July 2006) so that the calculation and reporting of the compensation from equity awards will be easier to compare with the values reported in the company's financial statements.

http://www.fenwick.com/publications/6.5.4.asp?mid=18 2007-01-02T00:00:00-07:00 2007-01-02T00:00:00-07:00

Although employee misuse of the internet is still rife with potential liability for employers, a recent California appellate court decision reduces the risk, at least as to one potential source of liability.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_12-19-06.pdf 2006-12-19T00:00:00-07:00 2006-12-19T00:00:00-07:00

On December 14, 2006, the California Supreme Court ruled in Fair v. Bakhtiari, No. S129220, ___ Cal.4th ___ (Dec. 14, 2006), that under California Evidence Code section 1123(b), parties who mediated their dispute and signed a settlement memorandum did not clearly demonstrate their intent that the memorandum be enforceable, even though it contained an arbitration clause.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_12-18-06.pdf 2006-12-18T00:00:00-07:00 2006-12-18T00:00:00-07:00

On December 12, 2006, the Justice Department announced new guidelines for federal prosecutors to follow in charging business organizations.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_12-15-06.pdf 2006-12-15T00:00:00-07:00 2006-12-15T00:00:00-07:00

On Wednesday, December 13, 2006, the Federal Circuit resolved a split in authority over the standard for proving inducement of patent infringement.

http://www.fenwick.com/publications/6.5.4.asp?mid=17 2006-12-04T00:00:00-07:00 2006-12-04T00:00:00-07:00

The recent settlement of class action overtime lawsuits against IBM and Siebel confirm that the plaintiffs' bar has its sights set on the technology industry, with an aggressive attack on the historical treatment of most engineers and other technology workers as exempt from overtime compensation.

http://www.fenwick.com/docstore/Publications/IP/Copyright_Alert_11-28-06.pdf 2006-11-28T00:00:00-07:00 2006-11-28T00:00:00-07:00

Effective November 27, 2006, the Librarian of Congress announced the adoption of six exemptions to the Digital Millennium Copyright Act's ("DMCA") anti-circumvention provision, the exemptions to apply for the next three years.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/IP_Lit_1106.pdf 2006-11-28T00:00:00-07:00 2006-11-28T00:00:00-07:00

The years 2005 and 2006 have seen a substantial group of decisions, including some cases of first impression that flesh out the law of primary and secondary liability, fair use, and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2006.pdf 2006-11-20T00:00:00-07:00 2006-11-20T00:00:00-07:00

The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute and modify covered software provided they do so in a manner consistent with the "free" nature of the software.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Website_Immunity.pdf 2006-11-20T00:00:00-07:00 2006-11-20T00:00:00-07:00

The California Supreme Court decided the Barrett v. Rosenthal case on Monday, November 20, 2006, holding that Section 230 provides immunity for distributor liability as well as publisher liability.

http://www.fenwick.com/docstore/VCSurvey/Q306_VC_Terms_Survey_Report.pdf 2006-11-16T00:00:00-07:00 2006-11-16T00:00:00-07:00

We analyzed the terms of venture financings for 120 technology companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2006.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Maybe_recorder06.pdf 2006-11-08T00:00:00-07:00 2006-11-08T00:00:00-07:00

"Three strikes you're out – sort of." That's what a California court has basically told a party that asked the court to overturn an arbitrator's award.

http://www.fenwick.com/publications/6.5.4.asp?mid=16 2006-11-06T00:00:00-07:00 2006-11-06T00:00:00-07:00

On October 10, 2006, the Ninth Circuit Court of Appeals held that a disabled employee need not prove he was a "qualified" individual to demonstrate disability discrimination.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Oct_WAMR_Beware.pdf 2006-10-31T00:00:00-07:00 2006-10-31T00:00:00-07:00

Flexibility and adaptability are hallmarks of alternative dispute resolution, and the ability to fit procedures to the needs of the particular quarrel is often central to realizing the benefits of arbitration and mediation.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_10-31-06.pdf 2006-10-31T00:00:00-07:00 2006-10-31T00:00:00-07:00

On September 25, 2006, the California Court of Appeal ruled in Kirby v. Sega of America, Inc., No. B183820 (Cal. Ct. App. Sept. 25, 2006), that the First Amendment provides a complete defense for misappropriation of a celebrity's likeness and image where the defendant's use is transformative

http://www.fenwick.com/docstore/Publications/IP/potential_defenses.pdf 2006-10-31T00:00:00-07:00 2006-10-31T00:00:00-07:00

The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute, and modify covered software provided they do so in a manner consistent with the "free" nature of the software.

http://www.fenwick.com/docstore/Publications/Corporate/Zero2IPO_Early_Stage_Financing_Term_Sheets.pdf 2006-10-27T00:00:00-07:00 2006-10-27T00:00:00-07:00

Assumes Caymans, BVI, US or other non-domestic China Corporation / Seed Financing Terms / Issues in China Venture Capital Deals / Venture Capital Financing Terms

http://www.fenwick.com/publications/6.5.4.asp?mid=15 2006-10-17T00:00:00-07:00 2006-10-17T00:00:00-07:00

A California appellate court decision, Edwards v. Arthur Andersen, previously reported in the September 1, 2006, Fenwick Employment Alert, has stirred considerable debate within the employment law community about the enforceability of broad general release and covenant-not-to-sue provisions.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_10-05-06.pdf 2006-10-05T00:00:00-07:00 2006-10-05T00:00:00-07:00

The Internal Revenue Service and the Treasury Department issued Notice 2006-79 (the "Notice") on October 4, 2006.

Innocent directors and officers are at risk of losing D&O insurance coverage because of the knowledge or acts of other insureds. 2006-09-27T00:00:00-07:00 2006-09-27T00:00:00-07:00

http://www.fenwick.com/publications/6.5.4.asp?mid=14 2006-09-25T00:00:00-07:00 2006-09-25T00:00:00-07:00

In Strategix v. Infocrossing West, Inc., the court held that a nonsolicitation covenant prohibiting the seller of a business from soliciting all of the purchaser's employees and customers was overbroad and unenforceable.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_09-18-06.pdf 2006-09-18T00:00:00-07:00 2006-09-18T00:00:00-07:00

On August 21, 2006, the California Court of Appeal ruled in Woodside Homes of California Inc. v. Superior Court (Wheeler), 06 C.D.O.S. 7777, that pre-dispute contractual agreements to submit controversies to a judicial referee pursuant to California Code of Civil Procedure

http://www.fenwick.com/publications/6.5.4.asp?mid=13 2006-09-06T00:00:00-07:00 2006-09-06T00:00:00-07:00

A recent decision by the Ninth Circuit emphasizes the importance of putting employees on notice that their computer and internet activity may be monitored.

http://www.fenwick.com/docstore/Publications/Employment/EB_09-01-06.pdf 2006-09-01T00:00:00-07:00 2006-09-01T00:00:00-07:00

A California appellate court expressly rejected a "narrow restraint" exception to California's non-compete statute, an exception relied on by federal courts to enforce non-competes against California employees where the restraint excludes an employee from a narrow portion of his or her profession.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_09-01-06.pdf 2006-09-01T00:00:00-07:00 2006-09-01T00:00:00-07:00

A California appellate court expressly rejected a "narrow restraint" exception to California's non-compete statute, an exception relied on by federal courts to enforce noncompetes against California employees where the restraint excludes an employee from a narrow portion of his or her profession..

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_08-22-06.pdf 2006-08-22T00:00:00-07:00 2006-08-22T00:00:00-07:00

On July 26, 2006, the SEC adopted sweeping changes to its rules for disclosing compensation of executive officers and directors of public companies, information about related person transactions, director independence and other corporate governance matters.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_08-18-06.pdf 2006-08-18T00:00:00-07:00 2006-08-18T00:00:00-07:00

Recently, Chief Judge Vaughn Walker of the Northern District of California ruled in Boschetto v. Hansing (Case No. C-06-1390, order issued July 13, 2006) that a Wisconsin resident's sale of a vehicle on eBay to a California resident did not give rise to personal jurisdiction in California.

http://www.fenwick.com/publications/6.5.4.asp?mid=12 2006-08-17T00:00:00-07:00 2006-08-17T00:00:00-07:00

The California Supreme Court recently concluded that the "at will" doctrine is alive and well in California.

http://www.fenwick.com/docstore/Publications/Litigation/Client_Alert_08-14-07.pdf 2006-08-14T00:00:00-07:00 2006-08-14T00:00:00-07:00

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.

http://www.fenwick.com/docstore/VCSurvey/Q206_VC_Terms_Survey_Report.pdf 2006-08-01T00:00:00-07:00 2006-08-01T00:00:00-07:00

We analyzed the terms of venture financings for 90 technology companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2006.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Beware.pdf 2006-07-31T00:00:00-07:00 2006-07-31T00:00:00-07:00

Flexibility and adaptability are hallmarks of alternative dispute resolution, and the ability to fit procedures to the needs of the particular quarrel is often central to realizing the benefits of arbitration and mediation.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Notable.pdf 2006-07-31T00:00:00-07:00 2006-07-31T00:00:00-07:00

The year 2005-06 has seen a substantial group of decisions—including some cases of first impression—that flesh out the law of primary and secondary liability, fair use and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act.

http://www.fenwick.com/docstore/Publications/Litigation/trade_secrets_public.pdf 2006-07-27T00:00:00-07:00 2006-07-27T00:00:00-07:00

Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal. O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006).

http://www.fenwick.com/publications/6.5.4.asp?mid=11 2006-07-26T00:00:00-07:00 2006-07-26T00:00:00-07:00

In an unfavorable decision for employers, the U.S. Supreme Court held that adverse actions which do not cause tangible economic harm to employees may nevertheless constitute retaliation in violation of Title VII.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-25-06.pdf 2006-07-25T00:00:00-07:00 2006-07-25T00:00:00-07:00

On July 19, 2006, the Ninth Circuit held in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. 2006) that a licensee of trademark and related publicity rights does not have the right to sublicense those rights to third parties without the licensor's express permission.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-24-06.pdf 2006-07-24T00:00:00-07:00 2006-07-24T00:00:00-07:00

In November 2004, California voters passed Proposition 64 to purge the abusive use of private "representative" actions under California's Unfair Competition Law ("UCL") and False Advertising Law ("FAL") (respectively, California Business & Professions Code Sections 17200 and 17500, et seq.).

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-14-06.pdf 2006-07-14T00:00:00-07:00 2006-07-14T00:00:00-07:00

Under the California Court of Appeal's July 11, 2006 decision in Pfizer Inc. v. Superior Court, class action plaintiffs seeking to bring unfair business practices or false advertising claims against California businesses now face a greater preemptive challenge.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-11-06.pdf 2006-07-11T00:00:00-07:00 2006-07-11T00:00:00-07:00

On July 7, 2006, the Federal Circuit ruled in the case of LG Electronics, Inc. v. Bizcom Electronics, Inc., Civ. 05-1261, that a license agreement that disclaimed an implied license may also establish a conditional sale, thus defeating the application of patent exhaustion.

http://www.fenwick.com/docstore/Publications/Corporate/2006_Structuring_VC.pdf 2006-07-06T00:00:00-07:00 2006-07-06T00:00:00-07:00

Many U.S. and other foreign investors are evaluating alternatives for investments into software development, business process outsourcing, drug discovery and other services companies based in India.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2006.pdf 2006-06-30T00:00:00-07:00 2006-06-30T00:00:00-07:00

A patent gives its owner the right to exclude others from making, using and selling the claimed invention. Thus, patent rights give a patentee great control over who uses his or her invention.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-23-06.pdf 2006-06-23T00:00:00-07:00 2006-06-23T00:00:00-07:00

The U.S. Supreme Court yesterday opted to dismiss a case having potentially broad implications for the question of what constitutes patentable subject matter.

http://www.fenwick.com/publications/6.5.4.asp?mid=10 2006-06-12T00:00:00-07:00 2006-06-12T00:00:00-07:00

In Estee Lauder Co. v. Batra, a federal district court judge in New York granted a preliminary injunction against a former Estee Lauder senior executive who allegedly breached his noncompete agreement by taking a job with a rival cosmetics maker.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_06-01-06.pdf 2006-06-01T00:00:00-07:00 2006-06-01T00:00:00-07:00

On May 26, 2006, the California Court of Appeals, Sixth District, issued a unanimous decision striking down subpoenas to Internet "news" sites seeking the source of leaked trade secret information.

http://www.fenwick.com/docstore/VCSurvey/Q106_VC_Terms_Survey_Report.pdf 2006-05-24T00:00:00-07:00 2006-05-24T00:00:00-07:00

We analyzed the terms of venture financings for 101 technology companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2006.

http://www.fenwick.com/docstore/Publications/Litigation/Going_to_Videotape.pdf 2006-05-17T00:00:00-07:00 2006-05-17T00:00:00-07:00

Patentees enter every jury trial with one distinct advantage: an official, ribboned copy of the patent at issue in the case. This trial exhibit comes embossed with the seal of the Patent and Trademark Office and signed by the director of that office.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_05-15-06.pdf 2006-05-15T00:00:00-07:00 2006-05-15T00:00:00-07:00

A decision today by the United States Supreme Court is likely to impact the dynamic in many patent litigation lawsuits brought by companies that purchase patents in order to sue other companies for infringing them.

http://www.fenwick.com/publications/6.5.4.asp?mid=9 2006-05-10T00:00:00-07:00 2006-05-10T00:00:00-07:00

The California Supreme Court recently issued a unanimous decision holding that three writers for the sitcom "Friends" did not sexually harass their former assistant, even though the assistant was exposed to coarse sexual humor during brainstorming sessions in which potential...

http://www.fenwick.com/docstore/Publications/Corporate/2006_Update_Granting_India.pdf 2006-05-02T00:00:00-07:00 2006-05-02T00:00:00-07:00

This is an overview of the legal and strategic issues related to a U.S. parent company granting stock options to employees of its Indian subsidiary, including consideration of exchange controls, securities laws and obtaining possible tax benefits for an optionee.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_04-25-06.pdf 2006-04-25T00:00:00-07:00 2006-04-25T00:00:00-07:00

On April 12, 2006, the United States Supreme Court approved changes to the Federal Rules of Civil Procedure that will require early involvement of the court in managing electronic discovery.

http://www.fenwick.com/docstore/Publications/IP/Patent_Rights.pdf 2006-04-24T00:00:00-07:00 2006-04-24T00:00:00-07:00

A patent gives its owner the right to exclude others from making, using, and selling the claimed invention. Thus, patent rights give a patentee great control over who uses his invention.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_04-21-06.pdf 2006-04-21T00:00:00-07:00 2006-04-21T00:00:00-07:00

On April 5, 2006, the District Court for the Eastern District of California ruled in the case of Meridian Project Systems, Inc. v. Hardin Construction Co., L.L.C., Civ.04-2728, that an End User License Agreement ("EULA") contained within software packaging may be an enforceable "shrinkwrap" agreement.

http://www.fenwick.com/docstore/Publications/IP/fair_use_palooza.pdf 2006-04-19T00:00:00-07:00 2006-04-19T00:00:00-07:00

Statutory, or classic "fair use"—the use, other than as trademarks, of common words, in their ordinary descriptive sense—has long been a seemingly straightforward, not particularly controversial aspect of trademark law.

http://www.fenwick.com/docstore/Publications/Litigation/Trade_Secret_ID_Rule.pdf 2006-04-19T00:00:00-07:00 2006-04-19T00:00:00-07:00

Trade secret misappropriation litigation presents a paradox. To mount a defense, a defendant must be apprised of what the plaintiff asserts was misappropriated.

http://www.fenwick.com/docstore/Publications/Corporate/Comp_Disclosure_Analysis.pdf 2006-04-17T00:00:00-07:00 2006-04-17T00:00:00-07:00

The Release requests comment as to changes that could be made to the proposal to avoid boilerplate disclosure in the proposed Compensation Disclosure and Analysis.

http://www.fenwick.com/docstore/Publications/Corporate/2006_Update_Business_China.pdf 2006-04-12T00:00:00-07:00 2006-04-12T00:00:00-07:00

Many companies doing business in China are using a structure which includes a company formed under the laws of the Cayman Islands ("CI").

http://www.fenwick.com/docstore/Publications/LifeSciences/Biotech_Pharma.pdf 2006-04-05T00:00:00-07:00 2006-04-05T00:00:00-07:00

A number of strategic reasons exist for partnering among life sciences companies.

http://www.fenwick.com/docstore/Publications/Litigation/Privacy_0306_LJN.pdf 2006-03-29T00:00:00-07:00 2006-03-29T00:00:00-07:00

When, if ever, can your Internet Service Provider ("ISP") legally intercept and read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue.

http://www.fenwick.com/docstore/Publications/LifeSciences/2005_Trends_Partnering.pdf 2006-03-28T00:00:00-07:00 2006-03-28T00:00:00-07:00

Ten years ago, when a biotech company needed to raise capital, the avenue most frequently sought was the capital markets. Today, rising drug development costs can approach $1 billion, making a biotech's need for capital more intense than ever.

http://www.fenwick.com/publications/6.5.4.asp?mid=8 2006-03-27T00:00:00-07:00 2006-03-27T00:00:00-07:00

In August 2005, we reported on the California Supreme Court's ruling in Reynolds v. Bement, where the court held that corporate officers and directors were not personally liable under state wage/hour laws for overtime obligations.

http://www.fenwick.com/docstore/VCSurvey/Q4_05_VC_Survey_Trends_Report.pdf 2006-03-24T00:00:00-07:00 2006-03-24T00:00:00-07:00

We analyzed the terms of venture financings for 100 technology companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2005.

http://www.fenwick.com/docstore/Publications/Corporate/2006_Update_Stock_Options_China.pdf 2006-03-23T00:00:00-07:00 2006-03-23T00:00:00-07:00

This memorandum is an overview of the legal and strategic issues related to granting stock options in China, including understanding Chinese cultural views of employment and compensation, structuring option grants to comply with applicable Chinese currency...

http://www.fenwick.com/docstore/Publications/IP/Trademark_Dilution.pdf 2006-03-22T00:00:00-07:00 2006-03-22T00:00:00-07:00

Three years ago, in Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003) ("Victoria's Secret"), the Supreme Court held that the Federal Trademark Dilution Act of 1995...

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_0506.pdf 2006-03-21T00:00:00-07:00 2006-03-21T00:00:00-07:00

In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted.

http://www.fenwick.com/docstore/Publications/IP/Formation_and_Founders_Issues.pdf 2006-03-20T00:00:00-07:00 2006-03-20T00:00:00-07:00

This guide describes certain basic considerations and costs involved in forming a Delaware or California corporation.

http://www.fenwick.com/docstore/Publications/Corporate/Execu_Comp_03-12-07.pdf 2006-03-12T00:00:00-07:00 2006-03-12T00:00:00-07:00

The Government of India's proposed budget for 2007-2008 (commencing April 1, 2007) includes extending the 35% fringe benefit tax imposed on employers to the income their employees in India recognize on exercise of compensatory stock options.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_03-10-06.pdf 2006-03-10T00:00:00-07:00 2006-03-10T00:00:00-07:00

In December 2005, the SEC adopted new filing deadlines for Forms 10-K and 10-Q, creating three tiers of filing deadlines based upon the filing company’s market capitalization.

http://www.fenwick.com/publications/6.5.4.asp?mid=7 2006-03-09T00:00:00-07:00 2006-03-09T00:00:00-07:00

The U.S. Supreme Court recently held that a manager's occasional use of the word "boy" to refer to African-American employees may constitute sufficient evidence of race discrimination.

http://www.fenwick.com/docstore/Publications/LifeSciences/Disclosure_Issues.pdf 2006-03-07T00:00:00-07:00 2006-03-07T00:00:00-07:00

Life sciences companies face difficult disclosure issues because they operate in a particularly complex and financially sensitive regulatory environment.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_03-06-06.pdf 2006-03-06T00:00:00-07:00 2006-03-06T00:00:00-07:00

On March 1, 2006, the Supreme Court issued its decision in Illinois Tool Works, Inc. v. Independent Ink, which considered the long-standing presumption of market power in patent tying cases.

http://www.fenwick.com/docstore/Publications/Antitrust/Antitrust_03-01-06.pdf 2006-03-01T00:00:00-07:00 2006-03-01T00:00:00-07:00

The Supreme Court's decision on February 28, 2006, in Texaco, Inc. v. Dagher provides important and much-needed guidance for the antitrust analysis of joint ventures.

http://www.fenwick.com/docstore/Publications/GroksterDecison/perfect10_google.pdf 2006-02-24T00:00:00-07:00 2006-02-24T00:00:00-07:00

Order Granting/Denying Preliminary Injunction (Feb. 21, 2006). Key Holdings—Thumbnail copying for search purposes not fair use, notwithstanding Kelly v. Arriba Soft. No contributory liability.

http://www.fenwick.com/docstore/Publications/GroksterDecison/what_now_grokster.pdf 2006-02-24T00:00:00-07:00 2006-02-24T00:00:00-07:00

“We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression of other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.”

http://www.fenwick.com/publications/6.5.4.asp?mid=6 2006-02-23T00:00:00-07:00 2006-02-23T00:00:00-07:00

On appeal, a Virginia federal judge recently refused to enforce a Labor Department administrative law judge's order reinstating the first plaintiff to bring a successful claim under the Sarbanes-Oxley Act's whistleblower protections.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_02-22-06.pdf 2006-02-22T00:00:00-07:00 2006-02-22T00:00:00-07:00

On February 21, 2006, the Federal District Court in Los Angeles issued a decision with important new analyses affecting use of copyrighted materials on the Internet.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Copyright_Basics.pdf 2006-02-21T00:00:00-07:00 2006-02-21T00:00:00-07:00

Copyright refers to the rights of authors in works of authorship — as distinguished from patents (whose subject matter is inventions), trademarks (which concern symbols of an enterprise's reputation and goodwill) and trade secrets (information whose value derives from being kept secret).

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_02-14-06.pdf 2006-02-14T00:00:00-07:00 2006-02-14T00:00:00-07:00

As we described in previous alerts, the SEC has proposed sweeping new rules governing public company disclosure of executive and director compensation arrangements and related party transactions.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Circuit_Court.pdf 2006-02-09T00:00:00-07:00 2006-02-09T00:00:00-07:00

Within one late summer week, two federal courts of appeals rendered decisions that will have a significant effect on the rights of copyright holders. In both cases, third parties had overcome password schemes that software owners employed to protect their works from use by unauthorized parties.

http://www.fenwick.com/publications/6.5.4.asp?mid=5 2006-02-08T00:00:00-07:00 2006-02-08T00:00:00-07:00

In recent weeks, three separate California courts of appeal have weighed in on the question of whether the one hour of pay to which an employee is entitled when he or she is denied a meal period constitutes a wage payment or a penalty.

http://www.fenwick.com/docstore/Publications/IP/TM_Selection_for_HighTech.pdf 2006-02-07T00:00:00-07:00 2006-02-07T00:00:00-07:00

Among a company's most valuable assets are the symbols by which that company and its products or services are known to the public.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_01-31-06.pdf 2006-01-31T00:00:00-07:00 2006-01-31T00:00:00-07:00

The SEC has now made available the text of its rule proposals covering executive compensation and related party transaction disclosure.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_01-27-06.pdf 2006-01-27T00:00:00-07:00 2006-01-27T00:00:00-07:00

On January 20, 2006, a California Court of Appeal found enforceable the liquidated damages provisions for late fees in standardized form contracts for consumer services.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_01-24-06.pdf 2006-01-24T00:00:00-07:00 2006-01-24T00:00:00-07:00

In recent years cash mergers have been used more frequently than cash tender offers, in part due to concerns that target employment, severance or other compensatory arrangements might be deemed to violate the SEC's "best-price" rule, requiring that equal consideration be paid to all tendering security holders.

http://www.fenwick.com/docstore/Publications/Corporate/2006_Structuring_VC.pdf 2006-01-23T00:00:00-07:00 2006-01-23T00:00:00-07:00

Many U.S. and other foreign investors are evaluating alternatives for investments into software development, business process outsourcing, drug discovery and other services companies based in India.

http://www.fenwick.com/docstore/Publications/Litigation/eBay_MercExchange.pdf 2006-01-23T00:00:00-07:00 2006-01-23T00:00:00-07:00

The U.S. Supreme Court will soon reconsider the long-lived standards for granting permanent injunctions in patent infringement cases in eBay Inc. v. MercExchange L.L.C., 401 F.3d 1323 (Fed. Cir. 2005).

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_01-19-06.pdf 2006-01-19T00:00:00-07:00 2006-01-19T00:00:00-07:00

Over the past year, the concept that majority votes should be required for the election of corporate directors has emerged as one of the top issues being focused upon by investors, public company boards and shareholder advisory firms.

http://www.fenwick.com/docstore/Publications/IP/Int_Patent_Strategy.pdf 2006-01-19T00:00:00-07:00 2006-01-19T00:00:00-07:00

In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted.

http://www.fenwick.com/docstore/Publications/IP/Patent_Law_2006.pdf 2006-01-19T00:00:00-07:00 2006-01-19T00:00:00-07:00

The Year Past and the Year Ahead

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_01-18-06.pdf 2006-01-18T00:00:00-07:00 2006-01-18T00:00:00-07:00

At its open meeting yesterday, January 17, 2006, the Securities and Exchange Commission approved for comment sweeping new rule proposals that would dramatically alter many public company disclosure practices.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_01-18-06.pdf 2006-01-18T00:00:00-07:00 2006-01-18T00:00:00-07:00

Despite academic criticism and increasingly rare government enforcement, reports of the death of the Robinson-Patman Act are premature, and price discrimination continues to be a potential source of private litigation for many companies.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_01-09-06.pdf 2006-01-09T00:00:00-07:00 2006-01-09T00:00:00-07:00

On Tuesday, January 17, 2006, the Securities and Exchange Commission will hold an open meeting to consider proposing major changes to public company disclosures of compensation and governance information.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_01-09-06.pdf 2006-01-09T00:00:00-07:00 2006-01-09T00:00:00-07:00

On December 23, 2004, the IRS issued interim guidance in the form of Notice 2006-4 regarding stock valuation for privately-held companies pending the finalization of the proposed regulations under Section 409A of the Internal Revenue Code of 1986, as amended (the Code).

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_01-04-06.pdf 2006-01-04T00:00:00-07:00 2006-01-04T00:00:00-07:00

On December 14, 2005, the Delaware Chancery Court reduced recovery of plaintiffs' attorneys' fees in a securities case by nearly $1.2 million, in large part for inefficiently managing electronic discovery.

http://www.fenwick.com/docstore/Publications/IP/university_licensing.pdf 2006-01-03T00:00:00-07:00 2006-01-03T00:00:00-07:00

What do Yamaha synthesizers, gene splicing and DSL have in common? They are all based on technology licensed from universities. As these examples show, universities often develop and license new cutting edge technologies.

http://www.fenwick.com/docstore/Publications/Antitrust/US_High_Technology.pdf 2005-12-01T00:00:00-07:00 2005-12-01T00:00:00-07:00

Not that long ago, there was a relatively widespread belief among executives in high-technology companies that, because of the unique characteristics of high-technology industries, the antitrust laws had little, if any, application to them or their businesses.

http://www.fenwick.com/publications/6.5.4.asp?mid=4 2005-11-29T00:00:00-07:00 2005-11-29T00:00:00-07:00

The California Court of Appeal recently ruled that, although an employer may ordinarily refuse to communicate through an employee's attorney during the interactive process to reasonably accommodate an employee's disability, in some limited circumstances the employer may need to communicate with an employee's attorney.

http://www.fenwick.com/docstore/VCSurvey/Q3_05_VC_Survey_Trends_Report.pdf 2005-11-29T00:00:00-07:00 2005-11-29T00:00:00-07:00

We analyzed the terms of venture financings for 100 technology companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2005.

http://www.fenwick.com/publications/6.5.4.asp?mid=3 2005-11-22T00:00:00-07:00 2005-11-22T00:00:00-07:00

The U.S. Supreme Court held in IBP v. Alvarez that, under the federal Fair Labor Standards Act, an employee’s work time at a meat packing plant included time spent walking to an employee’s workstation after changing into protective gear.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2005.pdf 2005-11-22T00:00:00-07:00 2005-11-22T00:00:00-07:00

On November 7, 2005, the Recording Industry Association of America issued a press release announcing settlement of the longstanding file-sharing dispute with Grokster.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_11-15-05.pdf 2005-11-15T00:00:00-07:00 2005-11-15T00:00:00-07:00

In late 2004 the IRS released Notice 2005-1 (the "Notice") which provided initial guidance on then newly enacted IRC Section 409A.

http://www.fenwick.com/docstore/Publications/IP/follow-on.pdf 2005-11-11T00:00:00-07:00 2005-11-11T00:00:00-07:00

Many biologics, including blockbusters like Epogen/Procrit, are nearing patent expiration, and generics manufacturers, including Sicor (acquired by Teva), Barr Laboratories, and Ivax Corporation, are hoping to market generic biologics.

http://www.fenwick.com/docstore/Publications/IP/Authorized_Generics.pdf 2005-11-03T00:00:00-07:00 2005-11-03T00:00:00-07:00

An authorized generic (AG) is a pharmaceutical product that was originally marketed and sold by a brand company, but is relabeled and marketed under a generic product name.

http://www.fenwick.com/publications/6.5.4.asp?mid=1 2005-10-27T00:00:00-07:00 2005-10-27T00:00:00-07:00

The decision by a 3-judge panel of the Fourth Circuit Court of Appeals that FMLA releases must be approved by a court or the federal Department of Labor

http://www.fenwick.com/docstore/Publications/IP/Patent_Protection.pdf 2005-10-25T00:00:00-07:00 2005-10-25T00:00:00-07:00

Intellectual property is the term used to describe the intangible assets associated with a company's technological innovation.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_10-24-05.pdf 2005-10-24T00:00:00-07:00 2005-10-24T00:00:00-07:00

This is a brief summary addressing severance compensation (and certain restricted stock unit payments upon termination of employment) in the context of Section 409A and the Proposed Regulations.

http://www.fenwick.com/docstore/Publications/Litigation/Patent_Litigation.pdf 2005-10-17T00:00:00-07:00 2005-10-17T00:00:00-07:00

This booklet is designed for those who wish to enforce their patents or who are accused of infringing another's patent. It provides an outline of patent law in the United States, and an overview of the procedure of patent cases.

http://www.fenwick.com/docstore/Publications/IP/Deal_Points_10-11-05.pdf 2005-10-11T00:00:00-07:00 2005-10-11T00:00:00-07:00

Often pitted against robust publishing companies, independent video game development studios face many challenges when entering into negotiations for video game development and publishing deals.

http://www.fenwick.com/docstore/Publications/Employment/labor_employment_bulletin_1005.pdf 2005-10-01T00:00:00-07:00 2005-10-01T00:00:00-07:00

With the proliferation of weblogs or "blogs," companies find themselves faced with a new forum for employee conduct that poses both risks and rewards.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_09-30-05.pdf 2005-09-30T00:00:00-07:00 2005-09-30T00:00:00-07:00

A major modernization of federal regulations that apply to registered securities offerings takes effect December 1, 2005.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_09-30-05.pdf 2005-09-30T00:00:00-07:00 2005-09-30T00:00:00-07:00

On September 29, 2005, the Treasury Department released the much anticipated Proposed Regulations to Section 409A of the Internal Revenue Code (the "Proposed Regulations").

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_09-30-05.pdf 2005-09-30T00:00:00-07:00 2005-09-30T00:00:00-07:00

On September 29, 2005, the Treasury Department released the much anticipated Proposed Regulations to Section 409A of the Internal Revenue Code (the "Proposed Regulations").

http://www.fenwick.com/docstore/Publications/Corporate/Corp_Sec_09-29-05.pdf 2005-09-29T00:00:00-07:00 2005-09-29T00:00:00-07:00

Late last week the SEC announced the extension of compliance dates for Sarbanes-Oxley Section 404 reports by non-accelerated filers until their first fiscal year ending after July 15, 2007. This is welcome news for smaller public companies. In addition, the announcement has special significance for private companies contemplating the possibility of an initial public offering within the next 15 months.

http://www.fenwick.com/docstore/Publications/Employment/EB_09-26-05.pdf 2005-09-26T00:00:00-07:00 2005-09-26T00:00:00-07:00

The California Supreme Court recently held that an employee’s refusal to follow a supervisor’s order that the employee reasonably believes is discriminatory— even absent a formal complaint—is a protected activity under the California Fair Employment and Housing Act (FEHA) that can serve as the basis for a retaliation claim.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Patent_Law_09-20-05.pdf 2005-09-20T00:00:00-07:00 2005-09-20T00:00:00-07:00

With the advent of the global economy, the design, manufacturing, marketing, and sales activities of businesses are being performed increasingly overseas. Naturally, the owners of U.S. patents are increasingly attempting to enforce their U.S. patents against activities carried out at least in part, if not entirely, outside the U.S.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_09-19-05.pdf 2005-09-19T00:00:00-07:00 2005-09-19T00:00:00-07:00

At a meeting earlier this year, the Financial Accounting Standards Board (“FASB”) announced that, pursuant to FAS Statement 123(R), the grant date of an option would not occur until the employee had been notified of the material terms of the option grant.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Copyright_Alert_09-15-05.pdf 2005-09-15T00:00:00-07:00 2005-09-15T00:00:00-07:00

Within one late summer week, two federal courts of appeals rendered decisions that will have a significant effect on the rights of copyright holders.

http://www.fenwick.com/docstore/VCSurvey/Q2_05_VC_Survey_Trends_Report.pdf 2005-08-29T00:00:00-07:00 2005-08-29T00:00:00-07:00

We analyzed the terms of venture financings for 92 technology companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2005.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Strategic_IP_Planning.pdf 2005-08-25T00:00:00-07:00 2005-08-25T00:00:00-07:00

The recognition of intellectual property as an intellectual asset, and an asset generally, is paramount to successful strategic intellectual property planning. Intellectual property should be thought of as having the characteristics of an asset, and should be so managed.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_08-22-05.pdf 2005-08-22T00:00:00-07:00 2005-08-22T00:00:00-07:00

The California Labor Code provides employees with a private right of action to recover unpaid wages against their employer. However, the relevant provisions of the Labor Code do not define who is an "employer."

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/IP_Audit.pdf 2005-08-22T00:00:00-07:00 2005-08-22T00:00:00-07:00

Intellectual property has an importance today greater than ever before.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_08-18-05.pdf 2005-08-18T00:00:00-07:00 2005-08-18T00:00:00-07:00

Under FAS Statement 123(R) options granted to employees are valued based on their fair value as of the "grant date" of the option.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_08-18-05.pdf 2005-08-18T00:00:00-07:00 2005-08-18T00:00:00-07:00

Under FAS Statement 123(R) options granted to employees are valued based on their fair value as of the "grant date" of the option.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Grokster_0805.pdf 2005-08-15T00:00:00-07:00 2005-08-15T00:00:00-07:00

Once the enabling software had proliferated sufficiently, nothing Grokster could do could stop its operation.

http://www.fenwick.com/docstore/Publications/Employment/ELA_08-12-05.pdf 2005-08-12T00:00:00-07:00 2005-08-12T00:00:00-07:00

In an important victory for California officers, directors and managers, on August 11, 2005, the California Supreme Court held such individuals are not personally liable to employees for unpaid overtime.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_08-10-05.pdf 2005-08-10T00:00:00-07:00 2005-08-10T00:00:00-07:00

The Contract Language / The Decision / Arbitration Agreements / Practical Impact

http://www.fenwick.com/docstore/Publications/Employment/EB_08-08-05.pdf 2005-08-08T00:00:00-07:00 2005-08-08T00:00:00-07:00

Relations With Subordinates May Create Hostile Environment / Discrimination in Attempting to "Westernize" Employee's Name / Failure to Stop Customer Harassment / $20 Million Verdict in Age Bias Case / 401(k) Documentation / Mandatory Harassment Training

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_08-08-05.pdf 2005-08-08T00:00:00-07:00 2005-08-08T00:00:00-07:00

The Contract Language / The Decision / Arbitration Agreements / Practical Impact

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_08-04-05.pdf 2005-08-04T00:00:00-07:00 2005-08-04T00:00:00-07:00

On August 3, 2005, the SEC adopted long awaited amendments to Rules 16b-3 and 16b-7 under Section 16(b) of the Securities Exchange Act of 1934.

http://www.fenwick.com/docstore/Publications/Employment/EB_07-25-05.pdf 2005-07-25T00:00:00-07:00 2005-07-25T00:00:00-07:00

California Court Authorizes Partial-day PTO Deductions for Exempt Workers

http://www.fenwick.com/docstore/Publications/Employment/EB_07-20-05.pdf 2005-07-20T00:00:00-07:00 2005-07-20T00:00:00-07:00

Vertigo Not a Disability under ADA/ Same-actor Inference Defeats National Origin Discrimination Claim/ Lack of Notice Defeats FMLA Claim/ Independent Contractor May State Unruh Act Discrimination Claim/ Meal or Rest Period Violations Penalty Clarified

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-19-05.pdf 2005-07-19T00:00:00-07:00 2005-07-19T00:00:00-07:00

On July 13, 2005, the U.S. Court of Appeals for the Federal Circuit issued an opinion regarding whether the exportation of software code from the United States for distribution and use in foreign markets constitutes an infringement under U.S. patent law.

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-13-05.pdf 2005-07-13T00:00:00-07:00 2005-07-13T00:00:00-07:00

Overview / Commentary / Authors of the Opinion / Summary of the Opinion / Dissents

http://www.fenwick.com/docstore/Publications/Employment/EB_07-12-05.pdf 2005-07-12T00:00:00-07:00 2005-07-12T00:00:00-07:00

Labor Commissioner Reconsiders Position on Partial Day Vacation Deductions / Criticisms of Employee's Performance do not Support FEHA Claim / NLRB Strikes Down Handbook Provision Limiting Employee Complaints / Employer's Failure to Post Notice May Excuse Late EEOC Filing / Abercrombie & Fitch Agrees to Settle Class Action

http://www.fenwick.com/docstore/Publications/Litigation/Litigation_Alert_07-05-05.pdf 2005-07-05T00:00:00-07:00 2005-07-05T00:00:00-07:00

The California Supreme Court has clarified the guidelines for imposition of punitive damages in Simon v. San Paolo U.S. Holding Co. and Johnson v. Ford Motor Co.

http://www.fenwick.com/docstore/Publications/Employment/EB_06-22-05.pdf 2005-06-22T00:00:00-07:00 2005-06-22T00:00:00-07:00

Employer's Use of "Personality" Test Violated ADA/ Decision Highlights Risk of Using E-Mail to Distribute Important Personnel Policies/ Ninth Circuit Will Reconsider Casino's Requirement that Women Bartenders Wear Makeup/ Hospital Settles Wage/Hour Class Action for $4.75 Million

http://www.fenwick.com/docstore/Publications/IP/Start-up_Legal_Resource_Guide.pdf 2005-06-16T00:00:00-07:00 2005-06-16T00:00:00-07:00

Seed and VC Financing / Sample Series A Term Sheet / VC for High Tech Companies / Raising Initial Funding in the San Francisco Bay Area / Venture Financing Terms Survey - 1st Quarter 2005 / "Shaking the Money Tree" / Patent Portfolio Strategy for Start-ups

http://www.fenwick.com/docstore/Publications/IP/CoStar_Reopens.pdf 2005-06-14T00:00:00-07:00 2005-06-14T00:00:00-07:00

[T]he U.S. Court of Appeals for the Fourth Circuit undermined a previously unbroken line of cases holding that electronic copies of digital works are "fixed" within the meaning of the Copyright Act if they exist in the random access memory (RAM) of a computer.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Spring_2005.pdf 2005-06-14T00:00:00-07:00 2005-06-14T00:00:00-07:00

CoStar Reopens Settled Fixation Issue/Trademark Infringement and the Fair Use Defense/Changes in Store for "Ailing" Patent System/Family Entertainment and Copyright Act Becomes Law.

http://www.fenwick.com/docstore/Publications/IP/Trademark_Infringmnt_and_Fair_Use.pdf 2005-06-14T00:00:00-07:00 2005-06-14T00:00:00-07:00

In a December 8, 2004, decision, the Supreme Court resolved a split in the appellate courts on the significance of likelihood of confusion in a fair use defense to a trademark infringement claim.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/IP_Strategist_0605.pdf 2005-06-01T00:00:00-07:00 2005-06-01T00:00:00-07:00

Initial Interest Confusion and 'Post-Initial Confusion'.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_05-24-05.pdf 2005-05-25T00:00:00-07:00 2005-05-25T00:00:00-07:00

This memorandum summarizes the fact patterns of actions to present the application of Regulation FD in practical terms.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Correct_Inventorship.pdf 2005-05-23T00:00:00-07:00 2005-05-23T00:00:00-07:00

Although companies race to the U.S. Patent and Trademark Office to build their patent portfolios, technically, a company is not granted a patent.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Ailing_Patent_System.pdf 2005-05-20T00:00:00-07:00 2005-05-20T00:00:00-07:00

Just a few years ago, it was unusual for patents to make newspaper headlines—but times have changed.

http://www.fenwick.com/docstore/VCSurvey/Q1_05_VC_Survey_Trends_Report.pdf 2005-05-19T00:00:00-07:00 2005-05-19T00:00:00-07:00

We analyzed the terms of venture financings for 89 technology companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2005.

http://www.fenwick.com/docstore/Publications/IP/Statutory_Bars_Patent_Rights.pdf 2005-05-01T00:00:00-07:00 2005-05-01T00:00:00-07:00

Many people are aware of the need to keep patentable inventions secret. However, few people other than patent lawyers understand the reasons for the secrecy, or know the other actions that might cause an inventor to unintentionally lose the right to obtain a patent.

http://www.fenwick.com/docstore/Publications/Employment/EB_04-26-05.pdf 2005-04-26T00:00:00-07:00 2005-04-26T00:00:00-07:00

California Issues Newly Revised Meal Break Rules/ No Strict Liability Under FMLA For Employee Engaged In Disruptive Workplace Behavior/ Employer Liable For Discharging Returning Veteran/ San Jose Jury Awards Over $2 Million In Co-worker Sex Harassment Case

http://www.fenwick.com/docstore/Publications/Corporate/M&A_List.pdf 2005-04-22T00:00:00-07:00 2005-04-22T00:00:00-07:00

10 Acquisitions Announced and/or Closed in 2005: Combined Value in Excess of $4.5 B.

http://www.fenwick.com/docstore/Publications/Employment/EB_04-14-05.pdf 2005-04-14T00:00:00-07:00 2005-04-14T00:00:00-07:00

U.S. Supreme Court Allows Disparate Impact Theory in Age Discrimination Cases/Employers May Not Require Medical Examination Before Making "Real" Job Offer

http://www.fenwick.com/docstore/Publications/IP/Entrepreneur_Workshop.pdf 2005-03-25T00:00:00-07:00 2005-03-25T00:00:00-07:00

Formation Issues and Considerations/Early Stage Issues/Pre-Financing Capitalization Structure/Typical Pre-Financing Capitalization Structure/Stock Options for Employees

http://www.fenwick.com/docstore/Publications/Employment/EB_03-02-05.pdf 2005-03-02T00:00:00-07:00 2005-03-02T00:00:00-07:00

Employer Lawfully Recovered Unearned Commission Advances/Employer's Stray Remarks about Age Enable Older Worker to Proceed to Trial on Discrimination Claim

http://www.fenwick.com/docstore/VCSurvey/Israel_VC_Survey_H2_2004.pdf 2005-02-18T00:00:00-07:00 2005-02-18T00:00:00-07:00

We have analyzed the terms of venture financings for 63 Israeli and Israeli-related technology companies that reported raising money in the second half of 2004.

http://www.fenwick.com/docstore/Publications/IP/Patent_Law_2004.pdf 2005-02-17T00:00:00-07:00 2005-02-17T00:00:00-07:00

The Year Past and the Year Ahead

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Software_Escrows.pdf 2005-02-15T00:00:00-07:00 2005-02-15T00:00:00-07:00

For many companies, a key aspect of a comprehensive intellectual property strategy is to identify and enforce mechanisms to protect their investment in software purchased from software developers.

http://www.fenwick.com/docstore/Publications/Corporate/Establishing_Subsidiary_in_China.pdf 2005-02-14T00:00:00-07:00 2005-02-14T00:00:00-07:00

As China's strength in the global economy continues to grow, businesses need to consider the prospect of establishing operations within its borders.

http://www.fenwick.com/docstore/Publications/Litigation/SecLit_Alert_02-14-05.pdf 2005-02-14T00:00:00-07:00 2005-02-14T00:00:00-07:00

The 2005 D&O Liability and Insurance Symposium in New York, sponsored by the Professional Liability Underwriting Society, featured a panel of top plaintiffs' lawyers,

http://www.fenwick.com/docstore/Publications/Tax/Tax_Alert_02-10-05.pdf 2005-02-10T00:00:00-07:00 2005-02-10T00:00:00-07:00

Could your company owe income or sales and use taxes in California for tax years beginning prior to January 1, 2003?

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_02-01-05.pdf 2005-02-01T00:00:00-07:00 2005-02-01T00:00:00-07:00

On December 3, 2004, the U.S. Department of Justice entered into a non-prosecution agreement relating to a Foreign Corrupt Practices Act (FCPA) investigation of InVision Technologies, Inc.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_01-11-05.pdf 2005-01-11T00:00:00-07:00 2005-01-11T00:00:00-07:00

Treasury Department Issues Guidance under IRC Section 409A in Notice 2005-1

http://www.fenwick.com/docstore/Publications/Employment/EB_01-10-05.pdf 2005-01-10T00:00:00-07:00 2005-01-10T00:00:00-07:00

Ninth Circuit Permits Requirement that Women Bartenders Wear Makeup/Indefinite Leave of Absence Not A Reasonable Accommodation When Employee Unlikely to Return Within Reasonable Time

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_04-05.pdf 2004-12-28T00:00:00-07:00 2004-12-28T00:00:00-07:00

Trademarks on a Shoestring for Start-Ups/Circuit Courts Narrow the Reach of the DMCA's Anti-Circumvention Provisions/Quick Updates

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Winter_04-05.pdf 2004-12-28T00:00:00-07:00 2004-12-28T00:00:00-07:00

Trademarks on a Shoestring for Start-Ups/Circuit Courts Narrow the Reach of the DMCA's Anti-Circumvention Provisions/Quick Updates.

http://www.fenwick.com/docstore/Publications/Employment/EB_12-15-04.pdf 2004-12-15T00:00:00-07:00 2004-12-15T00:00:00-07:00

Employees Who Resign from At-Will Employment May Recover Damages for Unfulfilled Promise of Future Employment/Employer Not Liable for "Equal Opportunity" Abuser

http://www.fenwick.com/docstore/Publications/Employment/EB_12-06-04.pdf 2004-12-06T00:00:00-07:00 2004-12-06T00:00:00-07:00

No Personal Liability for Co-Worker Harassment Committed Before 2001 Amendment/Conduct That Ridicules Both Sexes May Still Create a Hostile Work Environment

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_11-30-04.pdf 2004-11-30T00:00:00-07:00 2004-11-30T00:00:00-07:00

The SEC Division of Corporation Finance issued a "Frequently Asked Questions" release on November 23, 2004, regarding the Current Report on Form 8-K rules that became effective August 23, 2004.

http://www.fenwick.com/docstore/Publications/Corporate/Outsourcing.pdf 2004-11-29T00:00:00-07:00 2004-11-29T00:00:00-07:00

Business in the U.S. continue to shift a portion of their development, support and other operations offshore to countries, such as India or China, that offer a lower cost structure and a qualified labor pool.

http://www.fenwick.com/docstore/Publications/Corporate/Investments_in_India.pdf 2004-11-22T00:00:00-07:00 2004-11-22T00:00:00-07:00

Many U.S. and other foreign investors are evaluating alternatives for investments into software development, business process outsourcing ("BPO"), drug discovery and other service companies in India.

http://www.fenwick.com/docstore/Publications/Corporate/Establishing_Subsidiary_in_India.pdf 2004-11-22T00:00:00-07:00 2004-11-22T00:00:00-07:00

Businesses in the U.S. continue to move a portion of their development, support and other operations offshore to India, primarily for cost-saving reasons.

http://www.fenwick.com/docstore/Publications/Corporate/IP_Strategy_&_Practices.pdf 2004-11-18T00:00:00-07:00 2004-11-18T00:00:00-07:00

This paper is based on a presentation made at the Asia America Multitechnology Association ("AAMA") Conference on October 8, 2004.

http://www.fenwick.com/docstore/VCSurvey/Israel_VC_Survey_Q2_2004_+_Q3_2004.pdf 2004-11-18T00:00:00-07:00 2004-11-18T00:00:00-07:00

We have analyzed the terms of venture financings for 58 Israeli and Israeli-related technology companies that reported raising money in the second and third quarters of 2004.

http://www.fenwick.com/docstore/VCSurvey/Q304_VC_Terms_Report.pdf 2004-11-18T00:00:00-07:00 2004-11-18T00:00:00-07:00

We analyzed the terms of venture financings for 113 technology companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2004.

http://www.fenwick.com/docstore/Publications/Employment/EB_11-16-04.pdf 2004-11-16T00:00:00-07:00 2004-11-16T00:00:00-07:00

Alert: Voters Curtail Plaintiffs' Lawyers' Ability to Launch Class Actions Against Business/Employers Hit with $650,000 and $1.8 Million Verdicts for Wrongful Termination

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_11-16-04.pdf 2004-11-16T00:00:00-07:00 2004-11-16T00:00:00-07:00

Recent amendments to the Federal Sentencing Guidelines applicable to organizations went into effect on November 1, 2004.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_11-09-04.pdf 2004-11-09T00:00:00-07:00 2004-11-09T00:00:00-07:00

The price and process fairness of business combinations are increasingly challenged in litigation.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_11-03-04.pdf 2004-11-03T00:00:00-07:00 2004-11-03T00:00:00-07:00

SEC Proposes Rule Changes to Ease "Quiet Period" Restrictions and Change shelf Registration Procedures.

http://www.fenwick.com/docstore/Publications/Antitrust/Interplay.pdf 2004-11-02T00:00:00-07:00 2004-11-02T00:00:00-07:00

Technical standards are often used to ensure that products from different companies will interoperate. Many of these standards are created by a standards body composed of companies interested in influencing the particular standard at hand.

http://www.fenwick.com/docstore/Publications/Corporate/Execu-Comp_10-26-04.pdf 2004-10-26T00:00:00-07:00 2004-10-26T00:00:00-07:00

Taxation of Nonqualified Deferred Compensation Plans.

http://www.fenwick.com/docstore/Publications/Employment/EB_10-26-04.pdf 2004-10-26T00:00:00-07:00 2004-10-26T00:00:00-07:00

Disparate Impact Claim Fails Even Though Reorganization Primarily Displaced Workers in Protected Classes/Insubordination Triggered by Employer's Own Unlawful Conduct Cannot Justify Adverse Employment Action

http://www.fenwick.com/docstore/Publications/Employment/EB_10-11-04.pdf 2004-10-11T00:00:00-07:00 2004-10-11T00:00:00-07:00

Fabrication Plant Workers Entitled to Wages for Donning and Doffing Clean Room Uniforms.

http://www.fenwick.com/docstore/Publications/Employment/EB_09-27-04.pdf 2004-09-27T00:00:00-07:00 2004-09-27T00:00:00-07:00

Discrimination Claims Not Released by Standard Form Workers' Compensation Release Agreement/Alleged Acts of Harassment Occurring Outside of the Actionable Time Period May Be Knitted Together with More Recent Incidents to Support Hostile Environment Claim

http://www.fenwick.com/docstore/VCSurvey/Israel_VC_Survey_Q1_2004_+_Q2_2004.pdf 2004-09-21T00:00:00-07:00 2004-09-21T00:00:00-07:00

We have analyzed the terms of venture financings for 50 Israeli and Israeli-related technology companies that reported raising money in the first half of 2004.

http://www.fenwick.com/docstore/Publications/Corporate/Raising_Initial_Funding.pdf 2004-09-15T00:00:00-07:00 2004-09-15T00:00:00-07:00

This is a brief summary of the process for raising initial funding in the Bay Area for high technology companies.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Fall_2004.pdf 2004-09-10T00:00:00-07:00 2004-09-10T00:00:00-07:00

Federal Circuit Whacks the Doctrine of Equivalents Again/The Role of Dictionaries in Patent Claim Construction/ Quick Updates.

http://www.fenwick.com/docstore/Publications/Employment/EB_09-08-04.pdf 2004-09-08T00:00:00-07:00 2004-09-08T00:00:00-07:00

California Supreme Court Lowers the Bar for Wage and Hour Class Actions/Interference With At-Will Employment Requires Independently Wrongful Actions

http://www.fenwick.com/docstore/Publications/Employment/EB_08-30-04.pdf 2004-08-30T00:00:00-07:00 2004-08-30T00:00:00-07:00

California Court Refuses to Dismiss Retaliation Claim, Even Though Decision-Maker Was Unaware of the Terminated Employee's Protected Activity.

2004-08-13T00:00:00-07:00 2004-08-13T00:00:00-07:00

We analyzed the terms of venture financings for 112 technology companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2004.

http://www.fenwick.com/docstore/Publications/Employment/EB_08-10-04.pdf 2004-08-10T00:00:00-07:00 2004-08-10T00:00:00-07:00

Gender Bias Lawsuit Settlements Result in Substantial Monetary and Non-Monetary Obligations for Boeing and Morgan Stanley.

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_08-06-04.pdf 2004-08-06T00:00:00-07:00 2004-08-06T00:00:00-07:00

On August 2, 2004 the IRS published final regulations (the "Final Regulations") on incentive stock options under Section 422 of the Internal Revenue Code (the "Code") and purchase rights under 423 of the Code ("ISO" and "ESPP Right" respectively, and "SSOs" collectively).

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_08-05-04.pdf 2004-08-05T00:00:00-07:00 2004-08-05T00:00:00-07:00

Effective August 23, 2004, every public company must comply with new Form 8-K disclosure requirements.

http://www.fenwick.com/docstore/Publications/Employment/EB_7-28-04.pdf 2004-07-28T00:00:00-07:00 2004-07-28T00:00:00-07:00

Special Update Re: Private Attorney General Act Developments.

http://www.fenwick.com/docstore/Publications/Corporate/Invest_Operating_In_China.pdf 2004-07-23T00:00:00-07:00 2004-07-23T00:00:00-07:00

There are a number of business sectors in China such as telecommunications services, online commerce and advertising in which direct foreign investment is restricted.

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Getting_Patent_Quickly.pdf 2004-07-21T00:00:00-07:00 2004-07-21T00:00:00-07:00

The competitive value of many Internet, business method, or software patents lies in functional features that are exposed when the invention is made commercially available.

http://www.fenwick.com/docstore/Publications/Employment/EB_07-19-04.pdf 2004-07-19T00:00:00-07:00 2004-07-19T00:00:00-07:00

Private Sector Employee Cannot Sue for Wrongful Discharge Based upon Alleged Violation of "Free Speech" Right/Former Employee Allowed to Pursue Claim for Wrongful Discharge for Complaining About Fraudulent Billing Practices

http://www.fenwick.com/docstore/Publications/Employment/EB_07-12-04.pdf 2004-07-12T00:00:00-07:00 2004-07-12T00:00:00-07:00

Employer's Notice By Email of Mandatory Arbitration Policy Deemed Inadequate/Court Clarifies Scope of Marital Status Discrimination Claims

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Managing_Innovation.pdf 2004-06-30T00:00:00-07:00 2004-06-30T00:00:00-07:00

DuPont's Oncomouse patent licensing program continues to cause a stir in academia and industry.

http://www.fenwick.com/docstore/Publications/Corporate/Top_10.pdf 2004-06-30T00:00:00-07:00 2004-06-30T00:00:00-07:00

Because the law interpreting the enforceability of online agreements continues to evolve, companies that want to create binding agreements with their online customers still face significant challenges.

http://www.fenwick.com/docstore/Publications/Employment/WEB_06-25-04.pdf 2004-06-25T00:00:00-07:00 2004-06-25T00:00:00-07:00

U.S. Supreme Court Recognizes Concept of Constructive Discharge in Title VII Cases/NLRB Reverse Itself: Non-Union Employees Now Not Entitled to Have Coworker Present at Disciplinary Interview

http://www.fenwick.com/docstore/Publications/Employment/WEB_06-16-04.pdf 2004-06-16T00:00:00-07:00 2004-06-16T00:00:00-07:00

A Less Appealing Job Reassignment Does Not Constitute Adverse Action For Title VII Claim/Terminating Employee For Violation Of Harassment Policy Not Pretext For Religious Discrimination

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Assessing_Patent_Value.pdf 2004-06-15T00:00:00-07:00 2004-06-15T00:00:00-07:00

Business decisions often depend upon accurately determining an asset's value.

http://www.fenwick.com/docstore/Publications/IP/IP_bulletins/IP_Bulletin_Summer_2004.pdf 2004-06-15T00:00:00-07:00 2004-06-15T00:00:00-07:00

Lessons in Patent Prosecution Quality Control from the Federal Circuit/The Complex Legal Implications of Modifying Licensed Software/ Quick Updates

http://www.fenwick.com/docstore/Publications/Employment/WEB_06-01-04.pdf 2004-06-01T00:00:00-07:00 2004-06-01T00:00:00-07:00

Court Sends Case To Jury Determine Whether Employee's Refusal To Work With A Specific Supervisor Constituted A "Constructive Resignation".

http://www.fenwick.com/docstore/Publications/Corporate/MA.pdf 2004-05-26T00:00:00-07:00 2004-05-26T00:00:00-07:00

Fenwick & West LLP provides comprehensive legal services to technology and biotechnology clients of national and international prominence.

http://www.fenwick.com/docstore/Publications/Corporate/India_Update_5-20-04.pdf 2004-05-20T00:00:00-07:00 2004-05-20T00:00:00-07:00

In early May the Reserve Bank of India ("RBI") eliminated the requirement of granting options at a "concessional" price to employees in India subsidiaries of U.S. companies.

http://www.fenwick.com/docstore/Publications/Employment/WEB_05-20-04.pdf 2004-05-20T00:00:00-07:00 2004-05-20T00:00:00-07:00

U.S. Department of Labor Issues New Rules Regarding White-Collar Overtime Exemptions.

http://www.fenwick.com/docstore/Publications/Employment/WEB_04-30-04.pdf 2004-04-30T00:00:00-07:00 2004-04-30T00:00:00-07:00

Corporate Restructuring Not A Reasonable Accommodation Under FEHA/Unequal Pay For Employees With Similar Titles Is Permissible Where Duties And Skill Levels Differ

http://www.fenwick.com/docstore/Publications/Corporate/Executive_Compensation.pdf 2004-04-28T00:00:00-07:00 2004-04-28T00:00:00-07:00

FASB Publishes Exposure Draft on Changes to Accounting Rules for Equity Compensation

http://www.fenwick.com/docstore/Publications/Employment/WEB_04-23-04.pdf 2004-04-23T00:00:00-07:00 2004-04-23T00:00:00-07:00

Merely Hiring From competitor Not Unlawful Interference with Contract/Employee May Claim Retaliation Even if Underlying Complaint Lacks Merit

http://www.fenwick.com/docstore/Publications/IP/IP_Articles/Patent_Reexaminations.pdf 2004-04-22T00:00:00-07:00 2004-04-22T00:00:00-07:00

Patents deployed for strategic business purposes in a licensing or litigation context must be carefully studied to determine the strength of their claims.

http://www.fenwick.com/docstore/477/Altering_Patent.pdf 2004-04-16T00:00:00-07:00 2004-04-16T00:00:00-07:00

American ingenuity is encouraged by a patent system that provides incentives for inventors to disclose their inventions in exchange for a period of exclusivity.

http://www.fenwick.com/docstore/Publications/Employment/WEB_04-14-04.pdf 2004-04-14T00:00:00-07:00 2004-04-14T00:00:00-07:00

Employee's Contract Claim Withstands Motion to Dismiss Because of Frail "At Will" Provision/Employer Liability for Non-Employee Sexual Harassment May Be Based on Conduct That Occurred to Enactment of FEHA Amendment

http://www.fenwick.com/docstore/Publications/Corporate/Executive_Compensation.pdf 2004-04-08T00:00:00-07:00 2004-04-08T00:00:00-07:00

FASB Publishes Exposure Draft on Changes to Accounting Rules for Equity Compensation.

http://www.fenwick.com/docstore/Publications/Employment/WEB_04-07-04.pdf 2004-04-07T00:00:00-07:00 2004-04-07T00:00:00-07:00

Employer Properly Disciplined "Whistleblower" for Poor Performance/After Eight Years Of Paid Disability Leave, Employee Sues For Disability Discrimination (And Wins, In Part)

http://www.fenwick.com/docstore/Publications/Employment/WEB_03-30-04.pdf 2004-03-30T00:00:00-07:00 2004-03-30T00:00:00-07:00

Jury Must Decide Whether Employer Lawfully Refused To Re-Hire Recovering Addict/Saleswoman Facing "Glass Ceiling" Allowed To Pursue Constructive Discharge Claim

http://www.fenwick.com/docstore/Publications/Corporate/sec/Corp_Sec_03-23-04.pdf 2004-03-23T00:00:00-07:00 2004-03-23T00:00:00-07:00

On March 11, 2004, the SEC approved new rules that significantly expand the number of events that public companies must report on Form 8-K and that shorten the filing deadline for most events to four business days after the event.

http://www.fenwick.com/docstore/Publications/Employment/WEB_03-23-04.pdf 2004-03-23T00:00:00-07:00 2004-03-23T00:00:00-07:00

Plaintiff's Post-Termination Misconduct May Bar Reinstatement And Front Pay Award/Court Articulates Limits On Customer Non-Solicitation Clauses

http://www.fenwick.com/docstore/Publications/Employment/WEB_03-18-04.pdf 2004-03-18T00:00:00-07:00 2004-03-18T00:00:00-07:00

Laid Off Employees Need Not Show Replacement By Younger Worker To Show Age Discrimination/Bad-Faith Harassment Complaints Cannot Support Title VII Retaliation Claims

http://www.fenwick.com/docstore/Publications/IP/Software_Protection_2004.pdf 2004-03-11T00:00:00-07:00 2004-03-11T00:00:00-07:00

This report summarizes the legal protection available for computer software in most significant markets around the world as of January 2004.

http://www.fenwick.com/docstore/Publications/IP/Software_Chart_2004.pdf 2004-03-11T00:00:00-07:00 2004-03-11T00:00:00-07:00

This chart can be used to determine if subject matter protection is currently available in a particular country for either a U.S. or foreign party's software.

http://www.fenwick.com/docstore/Publications/IP/Copyright_Infringement_Litigation.pdf 2004-03-11T00:00:00-07:00 2004-03-11T00:00:00-07:00

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