| 4/30/2008 |
Privacy Alert: Gov't Rummaging Through Your Laptop's Contents? No Problem If You're Re-Entering USA, Says Ninth Circuit |
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| You've gotten used to being asked to turn on your laptop as you go through airport security so the authorities can confirm it's really a computer and not a bomb... more |
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| 4/24/2008 |
Antitrust Alert: Rambus Dodges an Antitrust Bullet from the FTC |
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| In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC’s landmark order against Rambus Incorporated... more |
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| 4/15/2008 |
Section 409A Valuations and Stock Option Grants for Start-up Technology and Life Science Companies |
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| Federal, and at least one state's, tax laws make it especially important for companies granting stock options as compensation to set the exercise price of the underlying shares at or above the price that can be shown by a reasonable valuation method to be fair market value (FMV) at the time of grant. more |
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| 4/11/2008 |
Fenwick Employment Brief - April 11, 2008 |
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| In a victory for employers, the California Supreme Court held in a 4-3 decision in Jones v. The Lodge at Torrey Pines Partnership that supervisors cannot be held personally liable for retaliation under the California Fair Employment and Housing Act (FEHA). more |
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| 4/8/2008 |
Litigation Alert: Roommate.com en banc |
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| The Ninth Circuit has issued a long-awaited decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 3/8/2008 |
Litigation Alert: Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any,
On Roommate.com? |
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| On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 3/27/2008 |
Federal Circuit to Re-Assess Standards for Patent-Eligible Subject Matter |
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| The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar. more |
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| 3/24/2008 |
SOX Litigation-Hold Triggers — Public and Private Companies Susceptible to Criminal Prosecution for Obstruction of Justice |
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| Years after passage of the Sarbanes-Oxley Act of 2002, many companies still believe the Act applies uniquely to public companies. more |
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| 3/19/2008 |
2007 Silicon Valley Life Science VC Survey |
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| The results of our fourth annual San Francisco Bay Area Life Science Venture Capital Valuation Survey
show a continuation of the positive trend in the life science venture environment. more |
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| 3/17/2008 |
Litigation Alert: Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any,
On Roommate.com? |
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| On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
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| 3/11/2008 |
Fenwick Employment Brief - March 11, 2008 |
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| In Sprint/United Mgmt. Co. v. Mendelsohn, the United State Supreme Court held that "me too" evidence of discrimination is neither per se admissible nor per se inadmissible in an age discrimination lawsuit... more |
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| 3/4/2008 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Fourth Quarter 2007) |
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| We analyzed the terms of venture financings for 103 companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2007. more |
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| 3/3/2008 |
Intellectual Property Bulletin Winter 2008 |
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| After unanimous approval by the California Assembly and the California Senate, Governor Arnold Schwarzenegger signed S.B. 771 into law on October 10, 2007, amending California Civil Code section 3344.1. more |
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| 2/22/2008 |
Executive Compensation Alert—IRS Releases Guidance for 162(m) Compensation
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| On February 21, 2008, the IRS released Revenue Ruling 2008-13, confirming the position taken in PLR 200804004 that compensation intended to qualify as deductible performance-based compensation pursuant to Section 162(m) of the Internal Revenue Code of 1986...more |
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| 2/21/2008 |
A Summary of Enterprises Income Tax Law of the People's Republic of China |
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| Foreign invested enterprises ("FIE") and domestic enterprises1 were subject to different income tax regulations and tax rates in China in the past. For example, as compared with domestic enterprises, FIEs generally were eligible for a lower income tax rate and more tax deductions and exemptions. more |
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| 2/17/2008 |
Advanced Copyright Issues on the Internet |
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| During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds. more |
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| 2/14/2008 |
Executive Compensation Alert—Performance Based Compensation is Non-Excludible Under 162(m) If Also Payable Under An Employment Agreement As Severance |
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| We alerted you on January 31, 2008 (and provided a further update on February 8, 2008), that the IRS now takes the position that compensation intended to qualify as deductible performance-based compensation pursuant to Section 162(m) of the Internal Revenue Code of 1986, as amended...more |
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| 2/12/2008 |
2008 Update: Raising the Initial Funding for High Technology Companies in the San Francisco Bay Area |
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| This is a brief summary of the process for raising initial funding in the Bay Area for high technology companies. more |
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| 2/8/2008 |
Executive Compensation Alert—Payments Do Not Qualify as Performance-Based Compensation Under 162(m) Where Payments are Permitted Under a Severance Arrangement |
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| The Internal Revenue Service published a private letter ruling on January 28, 2008 (PLR 200804004) holding that amounts paid to a recipient under an incentive compensation plan intended to qualify as performance-based compensation under Section 162(m) of the Internal Revenue Code of 1986, as amended, (the "Code") will not qualify as performance-based compensation... more |
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| 2/8/2008 |
Fenwick Employment Brief - February 8, 2008 |
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| In a significant ruling for employers, the California Supreme Court recently held that an employer is not required to accommodate an employee who uses medical marijuana. more |
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| 2/6/2008 |
2008 Update to Guide to Establishing a Subsidiary in India |
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| Although the current dollar-rupee exchange rate is causing more consideration of other locations, many businesses in the U.S. continue to move a portion of their development, support and other operations offshore to India, primarily for cost-saving reason. more |
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| 1/30/2008 |
Corporate and Securities Alert: Securities and Exchange Commission Adopts Amendments to Rules 144 and 145 |
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| For the first time since 1997, the SEC has made significant amendments to Rules 144 and 145 under the Securities Act of 1933 (the "Securities Act"). more |
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| 1/28/2008 |
Securities Litigation Alert—The Foreign Corrupt Practices Act: The Next Corporate Scandal? |
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| As the stock option backdating cases wind down, what will be the next corporate scandal to gain widespread notoriety? more |
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| 1/25/2008 |
A Summary of the Labor Contract Law of the People's Republic of China |
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| Thirteen years ago, the Labor Law of the People's Republic of China ("Labor Law") was released, which is a fundamental law to govern employment relationships between employers and employees in China. more |
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| 1/24/2008 |
2008 Update to Doing Business in China via the Cayman Islands |
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| Many companies doing business in China are using a structure which includes a company formed under the laws of the Cayman Islands ("CI"). more |
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| 1/18/2008 |
Corporate and Securities Alert: New HSR Thresholds for 2008 |
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| The dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will increase at the end of February (exact date still pending), due to an annual adjustment mechanism that was created in the last round of amendments to the HSR Act. more |
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| 1/17/2008 |
Patent Law Year in Review: With The Close Of An Active 2007, What Does 2008 Hold? |
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| Supreme Court Leaves Its Mark in 2007; Federal Circuit Weighs in on Patent Licensing; What’s Coming up in 2008; Patent Reform and Rule Changes; Reconsidering What Is Patentable Subject Matter; Reexamination Trends; Ethics Issues in Patent Law more |
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| 1/16/2008 |
Corporate and Securities Alert: eProxy Rules Are Now Effective for Large Accelerated Filers |
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| The Securities and Exchange Commission adopted an amendment to its proxy statement rules in July 2007 regarding electronic availability of proxy materials. more |
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| 1/8/2008 |
Fenwick Employment Brief - January 8, 2008 |
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| The NLRB ruled in The Guard Publishing Company, dba The Register Guard that employers may enforce a policy that prohibits employees from using employer email for "non-job-related solicitations" (including union organizing efforts), so long as they do so in a non-discriminatory manner more |
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| 1/7/2008 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Third Quarter 2007) |
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| We analyzed the terms of venture financings for 104 companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2007. more |
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| 1/3/2008 |
2008 Update to Investment and Operating
in Restricted Industries in China |
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| There are a number of business sectors in China such as telecommunications services, online commerce and auction in which direct foreign investment is restricted. more |
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| 1/3/2008 |
2008 Update to Guide to Establishing a
Subsidiary in China |
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| As China's strength in the global economy continues to grow, businesses need to consider the prospect of establishing operations within its borders. more |
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| 1/3/2008 |
2008 Update to Implementing Share Incentive Schemes in China |
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| This memorandum is an overview of the legal and strategic issues related to implementing share incentive schemes in China, including understanding Chinese cultural views of employment and compensation, structuring share incentive schemes to comply with applicable Chinese currency controls and securities law restrictions and the tax consequences of options to the employees. more |
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| 12/10/2007 |
Fenwick Employment Brief - December 10, 2007 |
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| In Mokler v. County of Orange, a California Court of Appeal held there was sufficient evidence to support a plaintiff's retaliatory dismissal claim, but rejected her sexual harassment claim as not being sufficiently severe or pervasive to alter the conditions of her employment. more |
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| 12/6/2007 |
Executive Compensation Alert—IRS Proposes Correction Program for Certain Unintentional, Operational Violations under Deferred Compensation Plans Subject to Section 409A |
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| On Dec. 3 the IRS released Notice 2007-100, providing temporary correction methods for certain operational failures of non-qualified deferred compensation plans that would otherwise invoke the penalty taxes under Section 409A ("Section 409A") of the Internal Revenue Code of 1986, as amended (California, which has enacted a parallel penalty tax may, in light of this notice, announce their own correction program). more |
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| 11/20/2007 |
Fenwick Employment Brief - November 20, 2007 |
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| Effective January 1, 2008, the minimum hourly rate for exempt computer software professionals will be $36, down from this year’s minimum of $49.77. more |
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| 10/22/2007 |
Executive Compensation Alert—IRS Extends Section 409A Remedial Amendment Period to December 31, 2008 |
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| On October 22, 2007 the Internal Revenue Service (the "IRS") issued much anticipated guidance in the form of Notice 2007-86 that extends the remedial amendment period with the final regulations under Internal Revenue Code Section 409A ("Section 409A") from December 31, 2007 to December 31, 2008. more |
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| 10/12/2007 |
Intellectual Property Bulletin Fall 2007 |
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| Disclosures to government regulators have always posed risks to trade secrets and other proprietary information. more |
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| 10/10/2007 |
Securities Litigation Alert—Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc. |
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| On October 9, 2007, the United States Supreme Court heard oral argument in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., which centers on how wide a net plaintiffs may cast in securities class action suits. more |
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| 10/8/2007 |
Fenwick Employment Brief - October 8, 2007 |
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| In a decision narrowing the scope of the administrative exemption, a California Court of Appeal held in Harris v. Superior Court that insurance claims adjusters were improperly classified under the administrative exemption because they performed "production" rather than administrative work. more |
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| 10/4/2007 |
M&A Developments-Deal Process and Protections (Netsmart, Lear and Topps) |
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| Micro-cap public targets with limited analyst coverage and trading volume should conduct a pre-signing market check rather than relying on a post-signing market check, at least where a private equity buyer is involved. more |
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| 9/19/2007 |
Six Week Countdown for New Patent Rules: A Comprehensive Approach to Building Your Patent Portfolio Before and After November 1 |
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| The United States Patent and Trademark Office [Office] is revising the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications. more | view video |
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| 9/17/2007 |
Third Strike for Perfect 10? |
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| In the Visa case, a divided panel held that processing payments for the infringing website services was too remote from the direct copyright infringements for Visa and other credit card company defendants to be held contributorily or vicariously liable. more |
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| 9/11/2007 |
Executive Compensation Alert—IRS Extends Section 409A Amendment Period 1 Year, Announces Voluntary Correction Program Likely |
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| On April 10, 2007, the IRS issued final regulations under Section 409A of the Internal Revenue Code of 1986, as amended ("Section 409A"). more |
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| 9/11/2007 |
Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays |
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| How fast do things change in "Internet time"? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google more |
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| 9/10/2007 |
Fenwick Employment Brief - September 10, 2007 |
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| The California Supreme Court has provided guidance regarding the enforceability of a ban on class actions in employment arbitration agreements. more |
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| 9/6/2007 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Second Quarter 2007) |
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| We analyzed the terms of venture financings for 126 companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2007. more |
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| 9/4/2007 |
Picture Perfect: Perfect 10 v. Visa |
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| In the 1940's, Jehovah's Witnesses, tenaciously litigious in defense of free expression, generated a half-dozen Supreme Court decisions that came to define First Amendment rights in the 20th century. more |
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| 9/4/2007 |
Securities Litigation Alert—Insider Trading Is Back |
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| Most of the SEC enforcement actions brought this year against Wall Street professionals and corporate executives involve insider trading in advance of mergers and acquisitions. more |
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| 8/31/2007 |
Perspective: Patents, post-MedImmune |
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| Earlier this year, the Supreme Court shook the foundations of patent licensing and technology transfer, altering the balance of power between patent holders and their licensees and creating profound implications for the life-sciences industry. more |
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| 8/21/2007 |
Patent Alert: New Rules for U.S. Patent Applications |
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| Earlier today, the United States Patent and Trademark Office (USPTO) published new rules for patent prosecution. more |
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| 8/21/2007 |
Litigation Alert: In re Seagate Technology, LLC—Willful Infringement and the Scope of Waiver of the Attorney-Client Privilege and Work Product Doctrine |
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| On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness. more |
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| 8/14/2007 |
Don't Try This on Your Site: Changing Contracts via Website Notice Alone |
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| On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424, which addressed whether a service provider may change the terms of its service contract by posting a revised contract on its website without providing additional notice. more |
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| 7/31/2007 |
Injunctions After eBay v. MercExchange |
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| More than a year has passed since the U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006). more |
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| 7/30/2007 |
Litigation Alert: Integra LifeSciences I, Ltd. v. Merck KGaA—Applying the Supreme Court's Broad Interpretation of the FDA Exemption for Patent Infringement |
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| On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA) more |
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| 7/23/2007 |
Tax Alert: IRS Targeting Backdating Issue |
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| On July 11 the IRS released an internal Industry Director Directive memorandum dated June 15, 2007 (the "Directive"), which designates transactions involving backdated stock options as a "Tier I Issue" for IRS agents. more |
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| 7/17/2007 |
Litigation Alert: No End of Trouble? Perfect 10 v. Visa International and Secondary Liability |
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| On July 3, 2007 the Ninth Circuit issued its decision in Perfect 10 v. Visa International Service Association, No. 05-15170, which addressed the secondary liability of credit card companies, affiliated banks, and data processing services under copyright, trademark, and various state law claims for processing credit card payments for websites that allegedly infringe Perfect 10's copyright and trademark rights. more |
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| 7/16/2007 |
New Patent Rules Looming: What Do They Mean for Your Portfolio? |
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| The United States Patent & Trademark Office has proposed several sweeping new rules that will significantly alter how patent applications are treated. more |
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| 7/13/2007 |
Top Five Practices for Implementing an Effective Trade Secret Preservation Program |
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| Top Five Practices for Implementing an
Effective Trade Secret Preservation Program. more |
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| 7/11/2007 |
Twombly and the Need to Plead Facts:The Antitrust Decision Every Litigator Needs to Know |
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| The foundation of any litigation is the complaint, and more specifically, the allegations made to support the plaintiff's claims. more |
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| 7/11/2007 |
Executive Compensation Alert—California Eases Rules for Stock Option Plans
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| Effective July 9, 2007, California liberalized its regulations concerning the permissible provisions of stock option plans. Practically every stock option plan of a privately-held company that has employees in California that participate in the plan can take advantage of this liberalization more |
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| 7/10/2007 |
Fenwick Employment Brief - July 10, 2007 |
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| In an unusual decision specifically addressing a "no-hire clause," a California appellate court articulated some guidelines as to the enforceability of such provisions. more |
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| 7/5/2007 |
Litigation Alert:
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents |
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| On July 5, the Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender. more |
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| 6/28/2007 |
Antitrust Alert: Supreme Court Overrules Per Se Rule Against "Vertical" Minimum Price Agreements between Manufacturers and their Distributors |
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| On June 28, 2007, the Supreme Court issued its decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, addressing the proper antitrust analysis of resale price maintenance under Section 1 of the Sherman Act, one of the most important federal antitrust statutes. more |
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| 6/26/2007 |
Intellectual Property Bulletin Summer 2007 |
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| On May 23, 2007, Coca-Cola employee Joya Williams was sentenced to eight years in prison for trying to sell Coke's trade secrets to rival Pepsi. more |
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| 6/21/2007 |
Securities Litigation Alert—A Major Victory for Defendants in Securities Class Actions: Tellabs, Inc. v. Makor Issues & Rights, Ltd. |
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| On June 21, 2007, the U.S. Supreme Court handed down a decision that provides welcome news to any public company, officer or director facing the prospect of a securities class action lawsuit. more |
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| 6/20/2007 |
U.S. Supreme Court Reconciles Antitrust Law and Securities Regulation |
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| On June 18, 2007, in Credit Suisse Securities (USA) LLC v. Billing, the U.S. Supreme Court issued an important decision about the relationship between the federal antitrust laws and the federal securities laws more |
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| 6/18/2007 |
International Patent Strategy: Springboard to Going Global |
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| In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted. more |
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| 6/18/2007 |
Fenwick Employment Brief - June 18, 2007 |
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| In a favorable decision for employers, the U.S. Supreme Court held that an employee's Title VII claim for sex discrimination — based on allegations of unequal pay compared to her male peers - was untimely because she waited several years following the allegedly discriminatory acts to bring her claim. more |
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| 6/1/2007 |
Playing by the Notice & Takedown Rules: Protection for Online Service Providers |
|
| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares. more |
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| 5/24/2007 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (First Quarter 2007) |
|
| We analyzed the terms of venture financings for 117 companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2007. more |
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| 5/24/2007 |
Antitrust Alert: Beware of HSR Filing Requirements for Option Exercises or Vesting of Restricted Stock |
|
| This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares. more |
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| 5/18/2007 |
The Basics of Early Stage Legal_Issues — A Guide for Entrepreneurs |
|
| This guide was prepared for TiEcon 2007. more |
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| 5/17/2007 |
Litigation Alert - Ninth Circuit Limits CDA Immunity for Internet Service Providers |
|
| On May 15, 2007, the Ninth Circuit issued an important decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more |
|
|
| 5/17/2007 |
Copyright Alert: Perfect 10 v. Google—Key Holdings: Website Framing Does Not Directly Infringe the Public Display Right; Image Search Engine Thumbnails Are Fair Use; and a New Test for Online Contributory Infringement |
|
| How fast do things change in "Internet time"? That was in substance one of the questions posed in yesterday's Ninth Circuit decision in Perfect 10 v. Google, which considered inter alia whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. more |
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| 5/16/2007 |
Intellectual Property Strategy and Best Practices for R&D Services in China |
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| China's Ministry of Commerce issued guidelines in March on attracting foreign investment in 2007. more |
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| 5/9/2007 |
Fenwick Employment Brief - May 9, 2007 |
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| Employers with 100 or more employees and federal contractors with 50 or more employees must comply with new Employer Information Report (EEO-1) requirements, including a revised report form that must be used in 2007 and revised collection and reporting requirements for 2008. more |
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| 5/1/2007 |
Litigation Alert - Microsoft Corp. v. AT&T Corp. — The Supreme Court Limits the Extraterritorial Effect of 35 U.S.C. §271(f) |
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| On April 30, the Supreme Court issued an important decision affecting liability for patent infringement for computer software developed in the United States and distributed abroad. more |
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| 5/1/2007 |
Litigation Alert - KSR International Co. v. Telefl |
