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Copyright Alert: Perfect 10 v. Google—Key Holdings: Website Framing Does Not Directly Infringe the Public Display Right, Image Search Engine Thumbnails Are Fair Use, and a New Test for Online Contributory Infringement


5/17/2007 - 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.

California Supreme Court Dramatically Reshapes California Worker Classification Laws


5/8/2018 - The California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, imposing a simplified but more burdensome test that businesses must satisfy to justify contractor status, and thereby avoid compliance

Weekly Employment Brief - August 5, 2002


8/5/2002 - En Banc Ninth Circuit Expands Availability of 'Mixed-Motive' Test/Requiring Employee to Drive 100 Miles to Work Not an Adverse Action/Harasser's Continued Presence in the Workplace Can Be a Continuing Violation

Weekly Employment Brief - December 16, 2003


12/16/2003 - California Court Permits Company to Fire Supervisor for Dating Subordinate/Policy Against Rehiring Violators of Workplace Rules Can Be Legitimate Reason to Refuse to Rehire Former Employee Who Resigned After Positive Drug Test

Litigation Alert: Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents


7/5/2007 - 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.

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works


11/29/2017 - In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an artistic work.

Patent Alert: Supreme Court Unanimously Rejects Bilski Patent Application but Narrowly Upholds Business Method Patents


6/28/2010 - Patent Alert: Supreme Court Unanimously Rejects Bilski Patent Application but Narrowly Upholds Business Method Patents, Written By Fenwick Attorneys in the IP Group.

Litigation Alert: Ninth Circuit Assesses Use of Player Likenesses in Video Games


8/6/2013 - On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases: Brown v. Electronic Arts, Inc., and In Re NCAA Student-Athlete Name & Likeness

Convertible Note for Seed-Stage Startups


5/31/2018 - This form is a convertible note to be used in connection with the seed-stage financing of a startup company during which they build their product and test the market.

Prometheus – Unbound or Not

Media Coverage

11/3/2011 - Michael Shuster, co-chair of the Life Sciences Group with Fenwick & West, was recently quoted in the Drug Discovery News article

11-20 of about 230 results

What Can Blockchain Technology Do for the Fashion Industry?


4/18/2018 - The fashion industry is already beginning to discover the possibilities of blockchain.

Federal Circuit Affirms Amazon's Win, Invalidating 8 Patents Under Alice


4/17/2018 - Law360 reported that the Federal Circuit upheld a lower court’s decision invalidating eight video and data-related patents asserted against Amazon.

IRS Notice 2018-26: Important New Guidance on the Mandatory Repatriation Tax


4/6/2018 - This document discusses Notice 2018-26, the third IRS Notice providing guidance on the new mandatory repatriation tax under § 965.

Intellectual Property Bulletin - Spring 2018


4/5/2018 - Fenwick's Intellectual Property Bulletin covers current issues in IP law from copyright to trademark and more.

GrubHub Prevails in Driver Classification Case, Ruling Offers Insights for On-Demand Economy


2/22/2018 - In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated issue of worker classification

FTC: New HSR Thresholds for 2018


1/29/2018 - The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Antitrust Improvements Act will take effect at the beginning of March. All transactions closing on or after the effective date will be governed by the n

John T. McNelis


T: 650.335.7133 | Email

A Concise Summary of the New Tax Law


1/5/2018 - This summary describes some of the more significant changes made to U.S. federal tax laws by H.R. 1, the bill signed into law by President Trump on December 22, 2017.

Intellectual Property Bulletin - Winter 2018


1/4/2018 - Fenwick's Intellectual Property Bulletin covers current issues in IP law from copyright to trademark and more.

The SEC and Plaintiffs’ Class Action Attorneys Are Targeting Initial Coin Offerings


1/3/2018 - Issuers and other professionals participating in Initial Coin Offerings — widely known as ICOs — are facing the increasing threat of both U.S. Securities Exchange Commission enforcement actions and private class action suits from aggrieved investors, at l