Wilson Sonsini Goodrich & Rosati

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650 Page Mill Road
Palo Alto, California 94304-1050, United States
Phone: 650-493-9300
Fax: 650-493-6811
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Massachusetts
  • New York
  • Texas
  • Washington
Other Countries
  • Belgium
  • China
  • Hong Kong
  • United Kingdom
Number of Attorneys
400+ Attorneys

SECURE Act 2.0 Is Here

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (CAA) into law. CAA included the much anticipated SECURE 2.0 Act of 2022 (the Act or SECURE 2.0). This sweeping retirement legislation has…more

Biden Administration, Employee Benefits, Individual Retirement Account (IRA), New Legislation, Required Minimum Distributions

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

See all updates »

SEC Expands Security and Breach Notification Requirements for Investment Firms

On May 16, 2024, the U.S. Securities and Exchange Commission (SEC) announced that it had adopted final amendments to its Regulation S-P (the Rule or Amended Rule), which governs “covered financial institutions’” treatment of…more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Investment Firms

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SEC-Proposed Amendments Regarding ESG Disclosures: Considerations for Fintech-Oriented Investment Advisers

Newly proposed environmental, social, and governance (ESG)-related amendments to Form ADV under the Investment Advisers Act of 1940 (Advisers Act) underscore the need for federally regulated investment advisers to fully disclose…more

Broker-Dealer, Client Funds, Disclosure Requirements, Environmental Social & Governance (ESG), FinTech

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

See all updates »

Focus on Fintech – Q1 2024

In this latest edition, our attorneys discuss updates and developments from federal regulators, including those related to the intersection of fintech and artificial intelligence, cryptocurrency and virtual currency updates, and…more

Artificial Intelligence, Banking Sector, Cryptocurrency, FDIC, Financial Institutions

See all updates »

President Obama Signs Federal Trade Secrets Act into Law

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, amending the Economic Espionage Act to create a new federal civil cause of action for trade secret misappropriation. The new federal…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Private Right of Action

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Approaching Shareholder Engagement in 2024

It has never been more important for public companies to engage—and engage regularly—with their shareholders. Sustained engagement helps companies communicate their strategy, understand shareholder perspectives, and even receive…more

Board of Directors, Corporate Governance, Proxy Season, Proxy Statements, Publicly-Traded Companies

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

See all updates »

Video Game NFTs: Top Legal Considerations for Developers

The qualities of non-fungible tokens (NFTs), including digital scarcity, immutable persistence, and transferability on a blockchain, make NFTs an attractive technology to integrate into video games. NFTs have been implemented…more

Bitcoin, Blockchain, Cryptocurrency, Digital Assets, Digital Currency

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Video Game NFTs: Top Legal Considerations for Developers

The qualities of non-fungible tokens (NFTs), including digital scarcity, immutable persistence, and transferability on a blockchain, make NFTs an attractive technology to integrate into video games. NFTs have been implemented…more

Bitcoin, Blockchain, Cryptocurrency, Digital Assets, Digital Currency

See all updates »

[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

See all updates »

Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

The PTAB Review - April 2024

This issue of The PTAB Review begins by summarizing a recent Patent Trial and Appeal Board (PTAB) decision strictly applying the public availability standard for prior art references as a basis for denying institution. Next, we…more

Intellectual Property Litigation, Intellectual Property Protection, Patent Applications, Patent Infringement, Patent Litigation

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New York Attorney General Sues CVS over “Brazenly Anticompetitive Tying Scheme” in Provision of 340B Services

On July 28, 2022, the Attorney General of the State of New York (NYOAG) flexed its antitrust muscle and brought suit against CVS Health in Manhattan state court. The NYOAG accuses CVS of violating the Donnelly Act, New York's…more

Anti-Competitive, Antitrust Provisions, Attorney General, CVS, Donnelly Act

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

See all updates »

[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

See all updates »

Biden-Signed Omnibus Bill Includes Several Pieces of Legislation Affecting Antitrust

Congress’s year-end omnibus legislation that funds the federal government, which was signed by President Biden on December 29, 2022, included three pieces of legislation—the Merger Filing Fee Modernization Act, the State…more

Antitrust Division, Antitrust Provisions, Biden Administration, Filing Fees, Foreign Acquisitions

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"Eye on Privacy" Newsletter - March 2013

In this issue: - FTC Releases Privacy Disclosure Guidelines for Mobile Ecosystem - California Attorney General Issues Privacy Practice Recommendations for Mobile Ecosystem - Mobile Apps: Learning from the…more

Critical Infrastructure Sectors, Cybersecurity, Data Collection, Disclosure Requirements, ECPA

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NLRB Attacks Broad Nondisparagement and Confidentiality Provisions in Employee Severance Agreements

In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their…more

Confidentiality Agreements, Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing

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Keeping an Eye on the Ball: Government Agencies Increasingly Focused on 2026 FIFA World Cup Legal Issues

On September 22, 2023, the U.S. Department of Justice (DOJ) announced that it was partnering with Mexico’s Federal Economic Competition Commission and Canada’s Competition Bureau on a new joint initiative to “deter, detect and…more

Anti-Corruption, Bribery, Canada, Corruption, Department of Justice (DOJ)

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Patent Protection in the FoodTech Space

The FoodTech industry is highly competitive and it can be challenging for companies to maintain a competitive edge. One way a FoodTech company can remain competitive is to seek patent protection for their innovations. This White…more

Food Manufacturers, Innovation, Intellectual Property Protection, Patent Infringement, Patent Litigation

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SECURE Act 2.0 Is Here

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (CAA) into law. CAA included the much anticipated SECURE 2.0 Act of 2022 (the Act or SECURE 2.0). This sweeping retirement legislation has…more

Biden Administration, Employee Benefits, Individual Retirement Account (IRA), New Legislation, Required Minimum Distributions

See all updates »

Thinking of Framing or Embedding Content? New York Federal Courts Question the Copyright "Server Test"

Imagine you operate a website. Another website posts an image or video that you want to discuss on your site. In most circumstances, you cannot simply copy and repost that content without obtaining a license, because someone…more

Amazon, Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Litigation

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New Proposed Rules Published for Cyber Incident Reporting and Cybersecurity Requirements Will Have Major Impacts on Federal Contractors

Reflective of the Government’s increasing focus on cybersecurity, on October 3, 2023, the Federal Acquisition Regulation Council (FAR Council) released two new proposed rules that will have major impacts on federal contractors…more

Cybersecurity, Data Protection, Data Security, Department of Justice (DOJ), Federal Acquisition Regulations (FAR)

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The European Commission Re-Evaluates the Rules Governing Vertical Agreements: The Impact of Growth in Online Sales and Online Platforms

The Vertical Block Exemption Regulation (VBER)—the antitrust legislation governing most vertical arrangements in Europe—entered into force on June 1, 2010. Among other things, it creates a safe harbor for vertical agreements…more

EU, European Commission, V-BER (Vertical Block Exemption Regulation), Vertical Agreement

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[Ongoing Program] 2023 Medical Device Digital Health Conference - June 16th, San Francisco, CA

Wilson Sonsini’s 30th Annual Medical Device Digital Health Conference will address topics of critical importance to medical device and digital health companies today, including key healthcare regulatory considerations, the…more

Acquisitions, Angel Investors, Artificial Intelligence, Business Development, Business Opportunities

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

See all updates »

No Harm, No Foul: Supreme Court Narrows Article III Standing to Require That All Class Members Suffer a Concrete Injury in Fact

On June 25, 2021, the U.S. Supreme Court decided TransUnion v. Ramirez, which held that even when a statute has been violated, and that statute provided a private right of action, plaintiffs still need a concrete injury in fact…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

See all updates »

Changes to Notification Requirements for EMI Options Granted On or After April 6

Companies granting enterprise management incentive (EMI) options to their UK tax resident employees are reminded they must notify HM Revenue & Customs (HMRC) of the awards. Failure to do so means that the option is not EMI…more

Corporate Taxes, Enterprise Management Incentive (EMI), HMRC, Human Resources Professionals, Tax Reform

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System Failure: The U.S. Supreme Court Fails to Dim the Climate Innovation Sector’s Bright Light

The U.S. is a textbook innovation economy. Exceptional dynamism—intellectual and financial—has driven the country's sustainability sector, and with it domestic and global economic development. The current industrial revolution,…more

Clean Air Act, Clean Power Plan, Climate Change, Environmental Protection Agency (EPA), Environmental Social & Governance (ESG)

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

Practical Considerations for Private and Public Company Clients in Light of the Delaware Supreme Court's Decision Upholding Federal Forum Provisions

Last week, the Delaware Supreme Court issued an important decision upholding the validity of "Federal Forum Provisions" in corporate charters requiring that claims under the Securities Act of 1933 (the "'33 Act") be brought in…more

DE Supreme Court, Delaware General Corporation Law, Forum Selection, Initial Public Offering (IPO), Securities Act of 1933

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2024 HSR Act Adjusted Filing Thresholds

On January 22, 2024, the Federal Trade Commission (FTC) released the revised Hart-Scott-Rodino (HSR) Act jurisdictional thresholds for 2024. The FTC is required by law to revise the HSR Act monetary jurisdictional thresholds…more

Acquisitions, Antitrust Provisions, Federal Trade Commission (FTC), Filing Requirements, Hart-Scott-Rodino Act

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Federal Trade Commission Revises Hart-Scott-Rodino Thresholds

As it does every year at this time, the Federal Trade Commission (FTC) has issued revised Hart-Scott-Rodino Act (HSR) jurisdictional thresholds for the upcoming year. The FTC is required by law to revise the filing thresholds…more

Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Size of Persons Test, Size of Transaction Test, Threshold Requirements

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Seventh Circuit Hears Oral Argument About Mass Arbitration and Class Action Waivers

In the latest development regarding so-called mass arbitrations, the U.S. Court of Appeals for the Seventh Circuit recently heard argument in a case that any company with consumer-facing terms should be following. In Wallrich v…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Corporate Counsel

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SEC, California, and CSRD Climate Disclosure Requirements Comparison Tool

Following an order by the U.S. Securities and Exchange Commission (SEC) implementing a stay of its final climate disclosure rules pending review of legal challenges to such rules in the U.S. Court of Appeals for the Eighth…more

California, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

Climate Change Disclosures High on SEC’s Agenda

In a series of recent public statements and announcements, the U.S. Securities and Exchange Commission (SEC) has signaled that climate change disclosures will be front and center on its agenda…more

Carbon Emissions, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

See all updates »

SECURE Act 2.0 Is Here

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023 (CAA) into law. CAA included the much anticipated SECURE 2.0 Act of 2022 (the Act or SECURE 2.0). This sweeping retirement legislation has…more

Biden Administration, Employee Benefits, Individual Retirement Account (IRA), New Legislation, Required Minimum Distributions

See all updates »

[Event] WOMEN LEGAL 2019 - February 7th, San Francisco, CA

Illustrating the business imperative for the advancement, retention and succession of female leadership in the legal profession - while identifying opportunities to open up business dialogues and make useful connections…more

See all updates »

European Antitrust Bimonthly Bulletin – March/April 2024

The “European Antitrust Bimonthly Bulletin” breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways, divided into thematic sections focusing on i) mergers, ii)…more

Acquisitions, Antitrust Provisions, Cartels, Competition, Competition Authorities

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League of Legends Copycat Companies Must Face IP Lawsuit in the U.S.

On January 20, 2022, Riot Games sued Suga and Imba, two video game companies based in Asia, in the Central District of California, alleging that the defendants infringed on Riot’s intellectual property by creating a knockoff of…more

Copyright, Copyright Infringement, Copyright Litigation, Gaming, Intellectual Property Litigation

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q3 2023

The firm is pleased to distribute the Q3 2023 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Algorithms, Artificial Intelligence, Automation Systems, Biden Administration, Copyright

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The Entrepreneurs Report - Full-Year 2019

A Founder's Guide to Y Combinator's Post–Money Safes - In late 2018, Y Combinator released new forms of Simple Agreements for Future Equity (Safes) that were significantly different from the initial forms created in 2013…more

Bridge Loan, Business Formation, Capital Formation, Entrepreneurs, Equity Financing

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

See all updates »

SEC, California, and CSRD Climate Disclosure Requirements Comparison Tool

Following an order by the U.S. Securities and Exchange Commission (SEC) implementing a stay of its final climate disclosure rules pending review of legal challenges to such rules in the U.S. Court of Appeals for the Eighth…more

California, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

See all updates »

NIS2: Preparing for EU’s New Cybersecurity Rules

The European Union (EU) has revised its Cybersecurity Directive (NIS2). The new rules will apply to a wide range of companies in many sectors, create new cybersecurity obligations, and impose high fines for noncompliance. EU…more

Cybersecurity, Data Protection, Data Protection Officers (DPOs), Data Security, EU

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

Treasury and IRS Release Proposed Regulations Regarding Reporting Requirements for Digital Asset and Cryptocurrency Transactions

On August 25, 2023, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) released proposed regulations regarding information reporting, determination of amount realized and basis, and backup…more

Bitcoin, Cryptocurrency, Digital Assets, Digital Currency, Income Taxes

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Digital Health Report: Fall 2019

Beware of “Most Favored Nations” Clauses in Commercial Contracts - Imagine that your digital health company has developed a groundbreaking product. You are eager to monetize the product, so you sign non-disclosure agreements…more

Antitrust Violations, Competition, Contract Negotiations, Cybersecurity, Digital Health

See all updates »

Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

European Antitrust Bimonthly Bulletin – September/October 2023

The "European Antitrust Bimonthly Bulletin" breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways. For any questions or suggestions please contact Jindrich…more

Acquisitions, Antitrust Provisions, Cartels, Competition, Competition Authorities

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Supreme Court: PTAB Decisions "Closely Related" to Institution—Such as the One-Year Time Bar—Are Not Appealable to the Federal Circuit

The America Invents Act (AIA) authorizes the Patent Trial and Appeal Board (PTAB) to cancel patent claims that never should have been issued but prohibits the PTAB from acting on petitions for review brought more than one year…more

§ 314(d), § 315(b), §314(a), §314(b), America Invents Act

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10 Things You Should Know About the EU Artificial Intelligence Act

The Artificial Intelligence Act (AI Act) is the first comprehensive legislation that intends to regulate AI horizontally across all sectors in Europe. It will have far reaching consequences on all companies developing,…more

Algorithms, Artificial Intelligence, Cybersecurity, EU, General Data Protection Regulation (GDPR)

See all updates »

SEC Expands Security and Breach Notification Requirements for Investment Firms

On May 16, 2024, the U.S. Securities and Exchange Commission (SEC) announced that it had adopted final amendments to its Regulation S-P (the Rule or Amended Rule), which governs “covered financial institutions’” treatment of…more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Investment Firms

See all updates »

The Effects of Brexit on the Unitary Patent and the Unified Patent Court

Voters in the United Kingdom have voted to leave the European Union (EU). The exit of the UK from the EU (the "Brexit") could result in a delay in the implementation of the Unitary Patent (UP) and the Unified Patent Court (UPC)…more

EU, European Patent Office, Popular, UK, UK Brexit

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US - UK Equity Compensation – A Comparison

Equity Compensation - Employers in the U.S. and the UK face a fiercely competitive labor market to hire “tech talent.”  While there are a number of factors that sway prospective employees, the availability of equity grants to…more

New Hires, Technology Sector, UK

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What's in a Review? The FTC's Updated Endorsement Guides and Proposed New Rule on Consumer Reviews

In late June 2023, the Federal Trade Commission (FTC) announced revised Endorsement Guides to strengthen and clarify guidance for advertisers and address emerging market trends concerning the use of endorsements and testimonials…more

Advertising, Celebrity Endorsements, Endorsements, Federal Trade Commission (FTC), FTC Endorsement Guidelines

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

Digital Health Report - Winter 2018

Machine Learning and Digital Health Applications - The use of artificial intelligence (AI) algorithms to solve complex problems has risen dramatically in the last several years. In 2017, Gartner identified more than 1,000…more

Digital Health, Health Care Providers, Innovative Technology, Life Sciences, Mayo v. Prometheus

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

See all updates »

Delaware Court of Chancery Addresses Fiduciary Duty Claims Arising from Reincorporation to Nevada

On February 20, 2024, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued an opinion refusing to dismiss stockholder claims challenging the reincorporation of TripAdvisor from Delaware to Nevada and…more

Board of Directors, Business Entities, Corporate Governance, Delaware, Delaware General Corporation Law

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DOJ Releases New M&A Safe Harbor Policy: Key Takeaways for Deal Makers, Corporate Executives, and In-House Counsel

On October 4, 2023, Deputy Attorney General (AG) Lisa Monaco announced the U.S. Department of Justice’s (DOJ’s) new Mergers & Acquisitions Safe Harbor Policy for acquirers that uncover wrongdoing at a target company. Deputy AG…more

Acquisitions, Compliance, Cooperation, Corporate Crimes, Corporate Misconduct

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Amgen-Horizon: The FTC's First Litigated Pharmaceutical Merger Challenge in 14 Years and First Conglomerate Merger Challenge in Decades

On May 17, 2023, the Federal Trade Commission (FTC) challenged Amgen Inc.’s (Amgen) proposed acquisition of Horizon Therapeutics plc (Horizon). The complaint is significant in three respects…more

Acquisitions, Amgen, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC)

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FDA Issues Draft Guidance to Facilitate Development of Human Gene Therapy, CAR T Cell, and Regenerative Medicine Products

The Center for Biologics Evaluation and Research (CBER) of the U.S. Food and Drug Administration (FDA) updated its Guidance Agenda in June 2022, which provides that the agency plans to issue 18 guidance documents in 2022,…more

Center for Biologics Evaluation and Research (CBER), Clinical Trials, Controlled Substances, FDA Approval, Food and Drug Administration (FDA)

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U.S. Court of Appeals for the Ninth Circuit Clarifies DMCA Injunction Burden

As a previous Wilson Sonsini Alert reported, Snail Games USA Inc. and Wildcard Properties LLC (collectively, “Snail”) sent a Digital Millennium Copyright Act (DMCA) takedown notice to Valve Corporation (Valve) in order to have…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Gaming

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Opportunity for Innovative Companies to Shape U.S. Patent and Trademark Office Initiatives

The United States Patent and Trademark Office (USPTO) is requesting public comment on how they can accelerate and incentivize the commercialization of innovative technologies. Public comments can be submitted via this…more

Innovative Technology, Intellectual Property Protection, Inventions, Patent Applications, Patent Litigation

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Fintech in Brief: Trends to Watch in 2024

Where will the fintech industry head in 2024? Our fintech and financial services partners make a few predictions below…more

Artificial Intelligence, Banking Sector, CFTC, Cryptoassets, Cryptocurrency

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

Fund Management in a Time of Crisis: Considerations for Venture Fund Sponsors

A venture fund manager faces all the issues resulting from the current coronavirus (COVID-19) pandemic that virtually every other business faces: social distancing, maintaining business-as-usual in a virtual setting, local and…more

Coronavirus/COVID-19, Fund Managers, Investment Funds, Investment Management, Portfolio Companies

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

See all updates »

Coalition of States Sues Meta for Alleged Harms to Children and Teens, and Alleged COPPA Violations

On October 24, 2023, a bipartisan coalition of 33 states’ attorneys general filed suit against Meta Platforms, Inc., alleging in a lengthy complaint that Meta’s social media platform features are unsafe and designed to induce…more

COPPA, Data Collection, Data Privacy, Data Protection, Internet

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WSGR Persuades Second Circuit to Overturn $150 Million Judgment Against Chinese Vitamin C Manufacturers

On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in a closely watched dispute over the question of whether foreign companies may be held liable under U.S. antitrust law for price fixing…more

Abstention, Amicus Briefs, Anti-Competitive, Antitrust Litigation, Antitrust Violations

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SEC Takes Action on Holding Foreign Companies Accountable Act

On March 24, 2021, the U.S. Securities and Exchange Commission (SEC) adopted interim final amendments to implement the submission and disclosure requirements of the Holding Foreign Companies Accountable Act, or HFCA Act, new…more

China, Disclosure Requirements, Enforcement Actions, Securities and Exchange Commission (SEC), Trump Administration

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Report on U.S. Semiconductor Industry Raises Implications for PRC Investments in U.S. Companies

In January 2017, the President's Council of Advisors on Science and Technology (PCAST) issued a report to then President Barack Obama titled "Ensuring Long-Term U.S. Leadership in Semiconductors."1 The report assesses the state…more

Barack Obama, CFIUS, China, Foreign Investment, Information Reports

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Focus on Fintech – Q1 2024

In this latest edition, our attorneys discuss updates and developments from federal regulators, including those related to the intersection of fintech and artificial intelligence, cryptocurrency and virtual currency updates, and…more

Artificial Intelligence, Banking Sector, Cryptocurrency, FDIC, Financial Institutions

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In the Year of the Rabbit, the DOJ Dangles More Carrots to Incentivize Self-Disclosure and Cooperation

Whenever a company detects criminal misconduct, it is faced with the difficult decision of whether to self-disclose the misconduct to the federal government. In an attempt to help nudge companies towards cooperation, the U.S…more

Corporate Executives, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), FCPA Corporate Enforcement Policy (CEP)

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OSHA Issues Emergency Temporary Standard for COVID-19: Get Vaccinated or Get Tested

On November 5, 2021, the Occupational Safety and Health Authority (OSHA) issued an Emergency Temporary Standard for COVID-19 Vaccinations and Testing (the ETS), which imposes obligations on many employers to implement mandatory…more

Biden Administration, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety

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2020 PTAB Year in Review

The firm's post-grant practice is pleased to present its 2020 PTAB Year in Review. The publication begins with a review of 2020 petition filings at the Patent Trial and Appeal Board (PTAB) and takes a closer look at the impact…more

America Invents Act, Appeals, Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Keeping an Eye on the Ball: Government Agencies Increasingly Focused on 2026 FIFA World Cup Legal Issues

On September 22, 2023, the U.S. Department of Justice (DOJ) announced that it was partnering with Mexico’s Federal Economic Competition Commission and Canada’s Competition Bureau on a new joint initiative to “deter, detect and…more

Anti-Corruption, Bribery, Canada, Corruption, Department of Justice (DOJ)

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First Proposed Rules Under Biden AI Order Issued as Part of Larger New Customer Cyberthreat Disclosure Requirements for Cloud Computing Providers

On January 29, 2024, the U.S. Department of Commerce (Commerce) issued a notice of proposed rulemaking (NPRM) seeking comment on draft rules establishing customer information collection and reporting obligations for certain U.S…more

Artificial Intelligence, Biden Administration, Cloud Computing, Cloud Service Providers (CSPs), Cybersecurity

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q2 2023

The firm is pleased to distribute the Q2 2023 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Artificial Intelligence, Broker-Dealer, EU, Federal Trade Commission (FTC), Hiring & Firing

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Delaware Court of Chancery Addresses Benefit-of-the-Bargain Damages in Busted Deals and Who Can Seek Them

On October 31, 2023, in Crispo v. Musk, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery issued a decision addressing an important question that arises in mergers and acquisitions: if one of the parties…more

Acquisitions, Board of Directors, Corporate Governance, Delaware, Delaware General Corporation Law

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FTC Requires Divestitures in Petroleum Terminal and Storage Acquisition

The Federal Trade Commission (FTC) announced a consent agreement requiring divestitures as a condition of Buckeye Partners, L.P.'s (Buckeye's) $435 million acquisition of 26 petroleum terminals from Magellan Midstream Partners,…more

Acquisitions, Antitrust Provisions, Biden Administration, Competition, Department of Justice (DOJ)

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The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of transactions…more

Acquisitions, Anti-Competitive, Antitrust Division, Antitrust Provisions, Biden Administration

See all updates »

Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, Department of Justice (DOJ), Enforcement Actions

See all updates »

The Life Sciences Report – June 2022

Wilson Sonsini is pleased to present the latest edition of The Life Sciences Report. This issue features articles on the firm’s new Boulder office and recent Gateway to Colorado VC roadshow, a collaboration between Deloitte’s…more

FDA Approval, Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences, Patent Litigation

See all updates »

COVID Relief Bill Contains Energy Tax Extenders

On December 21, 2020, lawmakers on Capitol Hill passed a tax extenders package as part of a larger COVID relief bill, the Consolidated Appropriations Act, 2021 (the act). President Trump is expected to sign the act into law in…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

DOJ Acknowledges Limits to the CFAA, but Questions (and Possible Civil Liability) Remain for Security Researchers and Others

On May 19, 2022, the U.S. Department of Justice (DOJ) revised its policy regarding charging decisions under the Computer Fraud and Abuse Act (CFAA). The new policy makes clear, "for the first time," that the DOJ "should decline…more

Computer Fraud and Abuse Act (CFAA), Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach

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SEC Adjusts Anticipated Action Date for Publication of Final Rules for Cybersecurity Reporting and Enhanced Standardized Disclosure

Earlier this month, the U.S. Securities and Exchange Commission’s (SEC) 2023 Spring Unified Agenda of Regulatory and Deregulatory Actions was released. The agenda identifies the rules that the agency expects to consider in the…more

Board of Directors, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Final Rules

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

President Biden Signs Executive Order to Implement the New EU-U.S. Data Privacy Framework

On October 7, 2022, President Biden signed an Executive Order (Order) on Enhancing Safeguards for United States Signals Intelligence Activities. This marks the latest step towards the new EU-U.S. Data Privacy Framework…more

Biden Administration, Data Privacy, Data Protection, Data Security, EU

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SEC Adopts Significant Rule Changes for Private Fund Advisers

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) adopted or amended rules under the Investment Advisers Act of 1940 (Advisers Act) that impose significant new obligations on advisers to private funds. This…more

Broker-Dealer, Financial Adviser, Investment Adviser, Investors, New Rules

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Treasury and IRS Release Final Regulations on Credit Transferability

On April 25, 2024, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued final regulations (the Final Regulations) regarding the election to transfer energy tax credits under Section 6418…more

Clean Energy, Energy Projects, Energy Tax Incentives, Internal Revenue Code (IRC), IRS

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AI in the Biden Administration’s Crosshairs—Summarizing the Sweeping New Executive Order and Ten Top Takeaways

On October 30, 2023, President Biden announced a sweeping new Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO). The EO signals an “all-hands-on-deck” approach, with roles…more

Algorithms, Artificial Intelligence, Biden Administration, Corporate Counsel, Executive Orders

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FTC Foreclosure Theory “Foreclosed”: FTC Loses Campaign to Block Microsoft’s Purchase of Activision

On July 10, 2023, the United States District Court for the Northern District of California denied the Federal Trade Commission’s (FTC’s) request to grant a preliminary injunction of Microsoft’s proposed acquisition of Activision…more

Acquisitions, Antitrust Investigations, Antitrust Provisions, Competition, Federal Trade Commission (FTC)

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Delaware Supreme Court Affirms Important Ruling for Multi-Class Companies Concerning Class Votes

On January 17, 2024, the Delaware Supreme Court issued a significant decision affirming that the Delaware General Corporation Law (the DGCL) does not require companies with multiple classes of common stock to obtain separate…more

Board of Directors, Bylaws, Controlling Stockholders, Corporate Counsel, Corporate Governance

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FTC v. Actavis: "Reverse Payments"—Not Presumptively Lawful, Not Presumptively Unlawful, But Subject to a Rule-of-Reason Analysis

On June 17, 2013, after years of litigation in the lower courts, the United States Supreme Court issued its long-awaited decision in FTC v. Actavis. The 5-3 decision, however, did not have a clear winner, and the case was…more

Actavis Inc., Federal Trade Commission (FTC), FTC v Actavis, Generic Drugs, Pay-For-Delay

See all updates »

Massachusetts Announces New Solar Energy Incentive Program Proposal and Deadline Extension Procedures for Existing Program

The Massachusetts Department of Energy Resources (DOER) has announced its final proposal for the successor incentive program—named the Solar Massachusetts Renewable Target (SMART)—to the successful Renewable Portfolio Standard…more

Energy Projects, Renewable Energy Incentives, Renewable Portfolio Standards, Request for Proposals, Solar Energy

See all updates »

U.S. Supreme Court Closes Door on Objective Reasonableness Defense in Healthcare False Claims Act Cases

Leaves Window Open for Defense Based on Subjective Belief - On June 1, 2023, the U.S. Supreme Court issued a decision in a consolidated appeal of two healthcare qui tam cases that removes a very powerful defense from…more

Drug Pricing, False Claims Act (FCA), Healthcare, Pharmaceutical Industry, Pharmacies

See all updates »

Washington Utilities and Transportation Commission Proposes Innovative Analysis to Support Energy Storage Development and Deployment

On March 6, 2017, the Washington Utilities and Transportation Commission (WUTC) released a Draft Report and Policy Statement on the Treatment of Energy Storage Technologies in Integrated Resource Planning and Resource…more

Energy Storage, OATT, Policy Statement, Utilities Sector

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

Cannabis Summer Recap: Potential Rescheduling, Congressional Requests for Information, and Enforcement Activity

Summer 2023 saw dynamic executive, legislative, and enforcement activity in the cannabis and cannabidiol space. While the U.S. Department of Health and Human Resources (HHS) took steps to reschedule cannabis as a Schedule III…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Department of Health and Human Services (HHS), Dispensaries

See all updates »

FDA Issues Draft Guidance for Obtaining Qualified Infectious Disease Product Designation Under the GAIN Act

The U.S. Food and Drug Administration (FDA) recently issued draft guidance on obtaining "Qualified Infectious Disease Product" (QIDP) designation for antibacterial and antifungal drug candidates intended to treat serious or…more

Draft Guidance, Food and Drug Administration (FDA), Infectious Diseases, Pharmaceutical Industry

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New Proposed CFIUS Rules Confirm a More Prosecutorial Regime, But to What End?

New rules proposed by the Committee on Foreign Investment in the United States (CFIUS), released on April 11, 2024, can be understood in two ways: the practical effects and signaling effects…more

CFIUS, Cross-Border Transactions, Filing Requirements, FIRRMA, Foreign Acquisitions

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Seventh Circuit Decrees That Package Size Alone Is Not Enough for a Robinson-Patman Claim

On August 12, 2016, the U.S. Court of Appeals for the Seventh Circuit issued an opinion in Woodman's Farm Market, Inc. v. The Clorox Co., No. 15-3001 (7th Cir. August 12, 2016), in which it held that a plaintiff cannot state a…more

Bulk Purchasing, Clorox, Federal Trade Commission (FTC), Manufacturers, Price Discrimination

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Implications of the U.S. Supreme Court Omnicare Decision

On March 24, 2015, the U.S. Supreme Court issued its decision in Omnicare, Inc., et al. v. Laborers District Council Construction Industry Pension Fund, et al., addressing when an issuer may be held liable for material…more

Material Misstatements, Omnicare v Laborers District Council, Pharmaceutical Industry, PSLRA, Registration Statement

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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In Rare Decision, Delaware Court of Chancery Imposes Liability on CEO and Acquiror Post-Trial

On March 15, 2023, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery issued a rare post-trial decision finding a CEO personally liable for millions of dollars in damages for breaching his fiduciary duties…more

Board of Directors, Breach of Duty, Corporate Counsel, Corporate Officers, Delaware General Corporation Law

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The Entrepreneurs Report – Q1 2023

In this latest issue of The Entrepreneurs Report—now available in a new, more graphically oriented format—we've compiled a range of data on venture, convertible note, and SAFE financing transactions in which the firm was…more

Capital Formation, Capital Raising, Corporate Financing, Early Stage Companies, Entrepreneurs

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2023 Technology and Life Sciences IPO Report

Market volatility, high interest rates, and ongoing geopolitical conflict continue to influence low levels of IPO activity in the U.S. capital markets. The trend is observed across all sectors, resulting in IPO levels similar to…more

Board of Directors, Corporate Governance, Emerging Growth Companies, Emerging Technology Companies, Initial Public Offering (IPO)

See all updates »

FDA Issues Draft Guidance Related to Marketing Submissions for AI/ML-Enabled DSFs, and Final Guidance Describing the FDA's Adoption of Section 524B "Ensuring Cybersecurity of Devices"

The U.S. Food and Drug Administration (FDA) is continuing its effort to provide industries with updated guidance for digital health technologies. On April 3, 2023, the FDA released draft guidance titled “Marketing Submission…more

Digital Health, Food and Drug Administration (FDA), Health Care Providers, Health Information Technologies, Life Sciences

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FDA’s Draft Guidance for Laser-Assisted In Situ Keratomileusis (LASIK) Lasers: Patient Labeling Recommendations

The U.S. Food and Drug Administration (FDA) is considering comments to their risk-focused draft guidance, “Laser-Assisted In Situ Keratomileusis (LASIK) Lasers-Patient Labeling Recommendations.” Although LASIK is one of the most…more

Biosimilars, Draft Guidance, Food and Drug Administration (FDA), Labeling, Life Sciences

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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Nintendo Weakens Emulator Upstart “Yuzu,” Setting Off Panic Within the Emulator Community

Nintendo of America’s (Nintendo) recent dispute against emulator developer, Tropic Haze, has highlighted major questions of intellectual property (IP) in the gaming sphere. This alert explores the background behind Nintendo’s…more

Copyright, Copyright Infringement, Copyright Litigation, Gaming, Illegal Digital Downloads

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Federal Circuit Holds That Tribal Sovereign Immunity Does Not Apply to Inter Partes Review

The U.S. Court of Appeals for the Federal Circuit has decided whether tribal sovereign immunity required termination of inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). At the PTAB, Mylan…more

Administrative Proceedings, Allergan Inc, Appeals, Federal Rules of Civil Procedure, Inter Partes Review (IPR) Proceeding

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FTC Disputes Patent Listings of 10 Brand Drug Makers as Improperly Listed in FDA’s Orange Book

On November 7, 2023, the Federal Trade Commission (FTC) sent notice letters1 to 10 brand drug manufacturers of drug-device combination products, including drugs delivered by asthma inhalers, epinephrine autoinjectors, and…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), FTC Act, Hatch-Waxman, Orange Book

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IRS Releases Additional Guidance Regarding Interaction of Employee Retention Tax Credits and PPP Loans in M&A Transactions and Deductibility of PPP Loan Expenditures

Last week, the Internal Revenue Service (IRS) issued additional guidance on two outstanding issues regarding Paycheck Protection Program (PPP) Loans and the Employee Retention Tax Credit (ERTC) provisions of the Coronavirus Aid,…more

CARES Act, Coronavirus/COVID-19, Human Resources Professionals, IRS, Paycheck Protection Program (PPP)

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

New Model Clauses for Personal Data Transfers Outside the UK

On February 2, 2022, the UK privacy regulator (i.e., the Information Commissioner's Office or the ICO) issued new model clauses to support data transfers from the UK. Subject to approval by the UK Parliament, the new model…more

Cybersecurity, Data Protection, EU, General Data Protection Regulation (GDPR), Personal Data

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2023 Technology and Life Sciences IPO Report

Market volatility, high interest rates, and ongoing geopolitical conflict continue to influence low levels of IPO activity in the U.S. capital markets. The trend is observed across all sectors, resulting in IPO levels similar to…more

Board of Directors, Corporate Governance, Emerging Growth Companies, Emerging Technology Companies, Initial Public Offering (IPO)

See all updates »

Regulation A+ Offerings for Tokens:What is the SEC Waiting For?

In a recent article, we discussed why the Securities and Exchange Commission (“SEC”) and its staff (the “Staff”) continue to think most cryptocurrencies and other crypto assets (“tokens”) are securities at the time they are…more

Corporate Issuers, Cryptocurrency, Filing Requirements, Initial Coin Offering (ICOs), Regulation A

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FTC Sues to Block Microsoft/Activision Blizzard Transaction, Putting $70 Billion Deal at Risk

The Federal Trade Commission (FTC) filed an administrative complaint to block Microsoft Corporation’s (Microsoft’s) nearly $70 billion acquisition of Activision Blizzard, Inc. (Activision), the largest video game acquisition in…more

Acquisitions, Administrative Complaints, Anti-Competitive, Antitrust Division, Antitrust Investigations

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New York Redefines the Permissible Scope of Invention Assignment Provisions

Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to the…more

Employee Rights, Employees, Employment Contract, Employment Policies, Intellectual Property Litigation

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Congress Ramping Up Focus on Artificial Intelligence: American Companies Will Need a Strong Response

This month, the Senate Homeland Security and Government Accountability Committee (HSGAC) and the House Subcommittee on Cyber Security, Information Technology, and Government Innovation held hearings on the risks and…more

Artificial Intelligence, Congressional Committees, Department of Homeland Security (DHS), Digital Services, European Commission

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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Quarterly Regulatory and Legal Update for E-Commerce, E-Banking, and Blockchain

This Quarterly Update highlights certain notable developments during Q1 2019 in consumer-facing areas of e-commerce, e-banking and blockchain. This update is particularly focused on consumer-level regulatory activities of the…more

Bitcoin, Blockchain, CFTC, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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EU AI Act Is Now Adopted

On May 21, 2024, the Council of the European Union (the Council) formally signed off on the latest draft of the European Union’s (EU) Artificial Intelligence Act (AI Act) (see the press release here). This marks the final seal…more

Artificial Intelligence, Corporate Counsel, EU, European Commission, Information Governance

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Consumer’s Claims About His Rights to iTunes Purchases Survives Motion to Dismiss

What Does It Mean to "Buy" Digital Content? On August 13, 2020, David Andino sued Apple Inc. (Apple) in the United States District Court for the Eastern District of California for violations of three California state laws: 1)…more

Apple, CLRA, Copyright, Corporate Counsel, Digital Goods

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Video Game NFTs: Top Legal Considerations for Developers

The qualities of non-fungible tokens (NFTs), including digital scarcity, immutable persistence, and transferability on a blockchain, make NFTs an attractive technology to integrate into video games. NFTs have been implemented…more

Bitcoin, Blockchain, Cryptocurrency, Digital Assets, Digital Currency

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Compliance Reminder: SEC Disclosure Considerations Arising from Russia's Invasion of Ukraine

Many public companies are beginning preparations for filing quarterly reports on Form 10-Q for the second quarter of calendar 2022. As they do so, they should review and consider the U.S. Securities and Exchange Commission…more

Corporate Counsel, Disclosure Requirements, Financial Statements, National Security, Publicly-Traded Companies

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

Private Equity Escapes on Motion to Dismiss but FTC Suit Against U.S. Anesthesia Partners Will Continue

The Federal Trade Commission’s suit alleging U.S. Anesthesia Partners (USAP) and Welsh Carson, a private equity fund that owns 23 percent of USAP and controls two of 14 board seats, engaged in an anticompetitive scheme to…more

Anti-Competitive, Antitrust Violations, Competition, Enforcement Actions, Federal Trade Commission (FTC)

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The Importance of Label Licenses to Life Sciences Companies After Lexmark

On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc., the U.S. Supreme Court held that a domestic or foreign sale of a patented product exhausts all U.S. patent rights in that product. The case was…more

Foreign Sales, Impression Products v Lexmark International, IP License, Life Sciences, Patent Exhaustion

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FTC Pioneers Novel Remedies in the Exxon/Pioneer Merger

On May 2, 2024, the Federal Trade Commission (FTC) announced a consent order in the matter of Exxon Mobil Corporation’s (Exxon) acquisition of Pioneer Natural Resources (Pioneer). The consent order is unusual in that the sole…more

Antitrust Provisions, Competition, Corporate Counsel, Department of Justice (DOJ), Federal Trade Commission (FTC)

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SEC Announces Enforcement Action Relating to Proposed De-SPAC Transaction

On July 13, 2021, the U.S. Securities and Exchange Commission (SEC) announced a settlement with special purpose acquisition company (SPAC) Stable Road Acquisition Corp. (SRAC), its CEO, its sponsor, SRC-NI, and SRAC's proposed…more

Due Diligence, Enforcement Actions, Penalties, Securities Act of 1933, Securities and Exchange Commission (SEC)

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USPTO Implements Pilot Program for COVID-19 Impacted Inventors and Small Businesses

The United States Patent and Trademark Office (USPTO) is implementing a COVID-19 Prioritized Examination Pilot Program for small and micro entities. The program is intended to help independent inventors and small businesses…more

Coronavirus/COVID-19, Investors, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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Federal Circuit Affirms Jazz Pharmaceutical's Risk Evaluation and Mitigation Strategy Patent Is Not Listable in Orange Book

On February 24, 2023, the Federal Circuit held that Jazz Pharmaceuticals, Inc. (Jazz) must delist U.S. Patent No. 8,731,963 (the ’963 Patent) from the U.S. Food and Drug Administration’s (FDA’s) “Orange Book” because the claims…more

FDA Approval, Food and Drug Administration (FDA), Life Sciences, Patent Litigation, Patents

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California Supreme Court Rules Employees Can Pursue PAGA Claims on Behalf of Other Aggrieved Employees in Court Despite Arbitration Agreement

On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order…more

Arbitration, Arbitration Agreements, CA Supreme Court, Class Action, Employees

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Diversity Newsletter - 2015

Tamika Montgomery-Reeves Strives to Learn and to Lead - A partner in Wilson Sonsini Goodrich & Rosati’s Wilmington, Delaware, office, Tamika Montgomery-Reeves gave birth to her first child, Jackson, this past May. On…more

Diversity, Law Firm Associates, Law Firm Partners

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Delaware Court of Chancery Issues Additional Guidance on Busted Deals

On April 30, 2021, then-Vice Chancellor (now Chancellor) Kathaleen S. McCormick of the Delaware Court of Chancery issued a post-trial decision addressing an array of important topics in the "busted deal" context following a…more

Acquisitions, Business Court, Business Litigation, Business Valuations, Coronavirus/COVID-19

See all updates »

U.S. Supreme Court Closes Door on Objective Reasonableness Defense in Healthcare False Claims Act Cases

Leaves Window Open for Defense Based on Subjective Belief - On June 1, 2023, the U.S. Supreme Court issued a decision in a consolidated appeal of two healthcare qui tam cases that removes a very powerful defense from…more

Drug Pricing, False Claims Act (FCA), Healthcare, Pharmaceutical Industry, Pharmacies

See all updates »

French Data Protection Authority Publishes Recommendations on the Development of AI Systems: Seven Takeaways

On April 8, 2024, the French Data Protection Authority (CNIL) published recommendations on the development phase of artificial intelligence (AI) systems1 (Recommendations). They are the first set of recommendations designed to…more

Artificial Intelligence, Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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Transcript | Antitrust Conversations: Fundamentals of Antitrust Law

Hi, I'm Mikaela Evans-Aziz. I'm an associate in the antitrust group at Wilson Sonsini and I'm joined here today by my colleague Jon Jacobson. Thanks so much, Jon, for joining us today. We're going to be speaking about…more

Antitrust Division, Antitrust Litigation, Antitrust Provisions, Antitrust Violations, Competition

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Key Takeaways from the Telegram Decision

The Securities and Exchange Commission ("SEC") recently won a high-profile victory when a federal court held that there is a substantial likelihood that the SEC will prevail at trial in proving that "Grams"—the digital asset…more

Corporate Counsel, Cryptocurrency, Digital Assets, Preliminary Injunctions, Securities Act of 1933

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NIS2: Preparing for EU’s New Cybersecurity Rules

The European Union (EU) has revised its Cybersecurity Directive (NIS2). The new rules will apply to a wide range of companies in many sectors, create new cybersecurity obligations, and impose high fines for noncompliance. EU…more

Cybersecurity, Data Protection, Data Protection Officers (DPOs), Data Security, EU

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Changes to California Automatic Renewal Law Effective July 1, 2018

Companies that offer automatically renewing or continuing services to California consumers may have additional disclosure, consent, and cancellation-related obligations under an amendment to California's automatic renewal law…more

Amended Regulation, Automatic Renewals, Contract Renewal, Goods or Services

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Delaware Court of Chancery Concludes That Duty of Oversight Applies to Officers

In an important decision addressing an issue of first impression, the Delaware Court of Chancery determined that corporate officers owe a fiduciary duty of oversight under Delaware law. The case, In re McDonald’s Corporation…more

Board of Directors, Breach of Duty, Corporate Governance, Corporate Officers, Delaware General Corporation Law

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New York City Announces Reinstatement of Refundable Biotech Tax Credits for Emerging Companies Through 2026

On December 4, 2023, New York City Mayor Eric Adams signed legislation to reinstate previously lapsed tax credits for biotech companies (the Credit), with a view towards bolstering the emerging biotechnology sector in New York…more

Biotechnology, Emerging Technology Companies, New York, Research and Development, Tax Credits

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COVID Relief Bill Contains Energy Tax Extenders

On December 21, 2020, lawmakers on Capitol Hill passed a tax extenders package as part of a larger COVID relief bill, the Consolidated Appropriations Act, 2021 (the act). President Trump is expected to sign the act into law in…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

Practical Considerations for Private and Public Company Clients in Light of the Delaware Supreme Court's Decision Upholding Federal Forum Provisions

Last week, the Delaware Supreme Court issued an important decision upholding the validity of "Federal Forum Provisions" in corporate charters requiring that claims under the Securities Act of 1933 (the "'33 Act") be brought in…more

DE Supreme Court, Delaware General Corporation Law, Forum Selection, Initial Public Offering (IPO), Securities Act of 1933

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The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of transactions…more

Acquisitions, Anti-Competitive, Antitrust Division, Antitrust Provisions, Biden Administration

See all updates »

Corporate Preparedness: Getting and Staying Ready in Uncertain Times

COVID-19 continues to impact companies financially, operationally, and strategically. Confronting unprecedented levels of volatility and stock price declines, and the potential for a painful economic contraction, has many boards…more

Affiliated-Business Arrangements, Board of Directors, Business Interruption, CARES Act, Coronavirus/COVID-19

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

Good News for Small Businesses Seeking Government Funding for Research and Development: SBIR/STTR Programs Extended Through 2025

Under the SBIR and STTR Extension Act of 2022 (the Act), signed into law last month, the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs were extended through fiscal year 2025…more

Cybersecurity, Department of Defense (DOD), Department of Energy (DOE), Department of Homeland Security (DHS), Early Stage Companies

See all updates »

Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

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New Year, New Laws, New Obligations: The Corporate Transparency Act's Beneficial Ownership Information Reporting Requirements

We are officially in the first week of 2024 and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network’s (FinCEN’s) regulations on Beneficial Ownership Information Reporting Requirements (BOI Reporting…more

Anti-Corruption, Beneficial Owner, Corporate Transparency Act, Financial Crimes, Financial Regulatory Reform

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DOJ and FTC “Signal” That Companies Cannot “Slack” on Preserving Ephemeral Messages

On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals that…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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EDPB Publishes New Guidance for Data Breach Notification

On January 18, 2021, the European Data Protection Board (EDPB), comprised of all national supervisory authorities (SAs) of the European Union, published draft guidelines for data breach notification (the Guidelines)…more

Corporate Counsel, Cybersecurity, Data Management, Data Privacy, Data Protection

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Investment Company Act Relief for Tech Companies: SEC Issues New Cash Management Order

The U.S. Securities and Exchange Commission (SEC) approved a new form of “Cash Management” exemptive order under the Investment Company Act of 1940 (the 1940 Act) on April 3, 2023. The approved order allows the company that…more

Banking Sector, Banks, Cryptocurrency, Digital Assets, Financial Institutions

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U.S. Supreme Court Resolves Circuit Split on Meaning of “Exceeds Authorized Access” in Computer Fraud and Abuse Act

Court Adopts Narrow Interpretation of Computer Hacking Statute Frequently Asserted Against Web Scrapers - On June 3, 2021, the U.S. Supreme Court issued its decision in Van Buren v. United States, resolving a decades-old…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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SEC Adopts Rule Amendments Requiring Increased Disclosure of Short Selling and Securities Lending Activities of Institutional Market Participants

On October 13, 2023, the U.S. Securities and Exchange Commission (SEC) approved final rules requiring increased disclosure of short selling activities of institutional investment managers and securities lending activities of…more

Broker-Dealer, Enforcement Actions, Investment Adviser, Securities, Securities and Exchange Commission (SEC)

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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FDA's Threat of Lab-Developed Test Oversight Is Back on the Table with Proposed Rule

On October 3, 2023, the U.S. Food and Drug Administration (FDA) published a proposed rule to regulate laboratory-developed tests (LDTs). The rule, if finalized, would amend FDA regulations to broaden the definition of “in…more

Clinical Laboratories, Diagnostic Tests, Food and Drug Administration (FDA), Laboratory Developed Tests, Life Sciences

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French Data Protection Authority Publishes Recommendations on the Development of AI Systems: Seven Takeaways

On April 8, 2024, the French Data Protection Authority (CNIL) published recommendations on the development phase of artificial intelligence (AI) systems1 (Recommendations). They are the first set of recommendations designed to…more

Artificial Intelligence, Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether an…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q2 2023

The firm is pleased to distribute the Q2 2023 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Artificial Intelligence, Broker-Dealer, EU, Federal Trade Commission (FTC), Hiring & Firing

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The Entrepreneurs Report – Q1 2024

In this latest issue of The Entrepreneurs Report, we’ve compiled a range of data on venture, convertible note, and SAFE financing transactions in which the firm was involved during the first quarter of 2024, with the objective…more

Capital Raising, Corporate Financing, Early Stage Companies, Entrepreneurs, Investors

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Maryland Passes Age-Appropriate Design Code

On May 9, 2024, Maryland Governor Wes Moore signed HB 603, the Maryland Age-Appropriate Design Code (Maryland AADC). The Maryland AADC builds on Maryland’s Online Data Privacy Act, which was signed into law the same day and…more

COPPA, Data Collection, Data Privacy, Data Protection, Data Security

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Digital Health Report - Summer 2019

Avoid Potential Pitfalls When Incorporating Third-Party Software into Wearable Products - The global market for wearable devices continues to expand rapidly. Digital health companies that manufacture and sell their own…more

Digital Health, Electronic Protected Health Information (ePHI), Food and Drug Administration (FDA), Health Insurance Portability and Accountability Act (HIPAA), Health Technology

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2023 Technology and Life Sciences IPO Report

Market volatility, high interest rates, and ongoing geopolitical conflict continue to influence low levels of IPO activity in the U.S. capital markets. The trend is observed across all sectors, resulting in IPO levels similar to…more

Board of Directors, Corporate Governance, Emerging Growth Companies, Emerging Technology Companies, Initial Public Offering (IPO)

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q2 2023

The firm is pleased to distribute the Q2 2023 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Artificial Intelligence, Broker-Dealer, EU, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

Congress Ramping Up Focus on Artificial Intelligence: American Companies Will Need a Strong Response

This month, the Senate Homeland Security and Government Accountability Committee (HSGAC) and the House Subcommittee on Cyber Security, Information Technology, and Government Innovation held hearings on the risks and…more

Artificial Intelligence, Congressional Committees, Department of Homeland Security (DHS), Digital Services, European Commission

See all updates »

[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

See all updates »

Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

2020 PTAB Year in Review

The firm's post-grant practice is pleased to present its 2020 PTAB Year in Review. The publication begins with a review of 2020 petition filings at the Patent Trial and Appeal Board (PTAB) and takes a closer look at the impact…more

America Invents Act, Appeals, Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Infringement

See all updates »

China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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Sustainability and ESG Advisory Practice Update, July 2023

Environmental Protection Agency (EPA) Completes the Launch of Greenhouse Gas Reduction Fund Opportunities - On July 14, 2023, the EPA announced two notice of funding opportunities for up to $20 billion. Up to $14 billion…more

China, Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE)

See all updates »

Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

2023 Technology and Life Sciences IPO Report

Market volatility, high interest rates, and ongoing geopolitical conflict continue to influence low levels of IPO activity in the U.S. capital markets. The trend is observed across all sectors, resulting in IPO levels similar to…more

Board of Directors, Corporate Governance, Emerging Growth Companies, Emerging Technology Companies, Initial Public Offering (IPO)

See all updates »

Federal Circuit Case May Diminish the Ability of Generic Drug Makers to Avoid Induced Infringement by Skinny Labeling

The Federal Circuit recently issued a split panel decision on induced infringement. The court's decision is important in that it may, if upheld upon further appeal and not distinguished by subsequent courts, limit the ability of…more

Food and Drug Administration (FDA), Generic Drugs, Patent Infringement, Patent Litigation, Patents

See all updates »

Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

Reporting Obligations for U.S. Companies: A New Consideration for U.S. Expansion

Private U.S. companies—including U.S. subsidiaries of UK and other European companies—currently are not required to report basic information about the individuals who, directly or indirectly, own or control them…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

2023 Technology and Life Sciences IPO Report

Market volatility, high interest rates, and ongoing geopolitical conflict continue to influence low levels of IPO activity in the U.S. capital markets. The trend is observed across all sectors, resulting in IPO levels similar to…more

Board of Directors, Corporate Governance, Emerging Growth Companies, Emerging Technology Companies, Initial Public Offering (IPO)

See all updates »

FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether an…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

AI in the Biden Administration’s Crosshairs—Summarizing the Sweeping New Executive Order and Ten Top Takeaways

On October 30, 2023, President Biden announced a sweeping new Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO). The EO signals an “all-hands-on-deck” approach, with roles…more

Algorithms, Artificial Intelligence, Biden Administration, Corporate Counsel, Executive Orders

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New York Redefines the Permissible Scope of Invention Assignment Provisions

Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to the…more

Employee Rights, Employees, Employment Contract, Employment Policies, Intellectual Property Litigation

See all updates »

Seventh Circuit Affirms Denial of Claims Brought Against AbbVie

The Seventh Circuit recently confirmed that Actavis is the appropriate framework to assess biosimilar patent settlements, despite the differences in the regulatory structure—the first appellate court ruling on this issue. In a…more

Anti-Competitive, Anti-Monopoly, Antitrust Litigation, Biosimilars, Federal Trade Commission (FTC)

See all updates »

Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

The PTAB Review - October 2022

This issue of The PTAB Review begins with a brief update about the U.S. Patent & Trademark Office (USPTO) Guidelines for when institution of an America Invents Act (AIA) trial (e.g., inter partes review or post-grant review)…more

America Invents Act, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

See all updates »

Sustainability and ESG Advisory Practice Update, July 2023

Environmental Protection Agency (EPA) Completes the Launch of Greenhouse Gas Reduction Fund Opportunities - On July 14, 2023, the EPA announced two notice of funding opportunities for up to $20 billion. Up to $14 billion…more

China, Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE)

See all updates »

Expanding into New Business Segments

Unlock Growth Opportunities Using Strategic Corporate Structuring - What do an automotive parts manufacturer, a law firm, and a media company have in common in the 21st century? Companies in each of these sectors are breaking…more

Business Development, Coronavirus/COVID-19, Strategic Planning, Subsidiaries

See all updates »

Podcast | Game On, AI: How Artificial Intelligence Is Revolutionizing Gaming

Host Mary O'Brien is joined by Wilson Sonsini technology transactions partner Gary Greenstein as she interviews SonyAI attorney and Wilson Sonsini alumna Tiffany Georgievski to discuss artificial intelligence (AI) and the gaming…more

Artificial Intelligence, Entertainment Industry, eSports, Games, Gaming

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The Life Sciences Report – June 2022

Wilson Sonsini is pleased to present the latest edition of The Life Sciences Report. This issue features articles on the firm’s new Boulder office and recent Gateway to Colorado VC roadshow, a collaboration between Deloitte’s…more

FDA Approval, Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences, Patent Litigation

See all updates »

FTC Alleges Amazon Prime Subscription and Cancellation Screens Violate Federal Law

The recent suit filed by the Federal Trade Commission (FTC) represents the latest guidance in the rapidly evolving patchwork of federal and state laws that govern online subscription models. Any company offering subscription…more

Amazon, Amazon Marketplace, Cancellation Rights, Federal Trade Commission (FTC), Online Contracts

See all updates »

Focus on Fintech – Q3 2023

In this most recent issue, we discuss a number of updates and developments from federal regulators, including those related to novel banking arrangements, misrepresentations in advertisements and marketing, the intersection of…more

Artificial Intelligence, Banking Sector, Banks, Cryptoassets, Financial Institutions

See all updates »

Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

See all updates »

Delaware Supreme Court Endorses "Fee-Shifting" Bylaw in Certified Question of Law

On May 8, 2014, the Delaware Supreme Court provided an en banc answer to a certified question of law from the U.S. District Court for the District of Delaware captioned ATP Tour, Inc. v. Deutscher Tennis Bund, concluding that…more

Board of Directors, Corporate Governance, Delaware General Corporation Law, Fee-Shifting

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Important Legislative and Regulatory Changes Impacting the Commercialization of Cannabis, Hemp, and CBD

A number of important changes have occurred in the cannabis, hemp, and cannabidiol (CBD) spaces. This alert presents a snapshot of significant developments and selected future predictions…more

Amended Legislation, Amended Regulation, Cannabidiol (CBD) oil, Controlled Substances Act, DEA

See all updates »

FTC Takes Action Against Employee Noncompete Clauses Through Rulemaking and Enforcement Actions

On January 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to propose the Noncompete Clause Rule (the rule), which would ban essentially all noncompete clauses that employers impose on their employees and other workers…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

New York Redefines the Permissible Scope of Invention Assignment Provisions

Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to the…more

Employee Rights, Employees, Employment Contract, Employment Policies, Intellectual Property Litigation

See all updates »

The Life Sciences Report - Summer 2017

Factoring in Human Factors - According to a recent British Medical Journal research report, the mean rate of death from medical error in U.S. hospitals is estimated to be over 251,000 people per year. Though many medical…more

Digital Health, Food and Drug Administration (FDA), Health Care Providers, Healthcare, Life Sciences

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FTC and DOJ Propose Radical Reforms to HSR Filings: Changes Would Impose Considerably Greater Burden on Merging Parties

On June 27, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly announced a proposed overhaul of the Hart-Scott-Rodino (HSR) Act filing requirements. The proposed changes, detailed in a formal…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Requirements

See all updates »

Keeping an Eye on the Ball: Government Agencies Increasingly Focused on 2026 FIFA World Cup Legal Issues

On September 22, 2023, the U.S. Department of Justice (DOJ) announced that it was partnering with Mexico’s Federal Economic Competition Commission and Canada’s Competition Bureau on a new joint initiative to “deter, detect and…more

Anti-Corruption, Bribery, Canada, Corruption, Department of Justice (DOJ)

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Issues at Check Out: FTC Challenges Kroger’s Acquisition of Albertsons with Novel Theories About Labor Market Harm and Adequate Remedies

On February 26, 2024, the Federal Trade Commission (FTC), alongside Attorneys General from eight states and the District of Columbia, initiated legal action to block Kroger’s $24.6 billion acquisition of Albertsons. The…more

Acquisitions, Antitrust Division, Antitrust Litigation, Antitrust Provisions, Biden Administration

See all updates »

Sustainability and ESG Advisory Practice Update, June 2023

SEC Publishes Spring 2023 Regulatory Agenda - On June 13, 2023, Chair of the U.S. Securities and Exchange Commission (SEC) Gary Gensler announced the release of the SEC’s Spring 2023 Regulatory Agenda (the Regulatory Agenda),…more

Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE), Department of Labor (DOL)

See all updates »

DOJ and FTC “Signal” That Companies Cannot “Slack” on Preserving Ephemeral Messages

On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals that…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

See all updates »

FTC Disputes Patent Listings of 10 Brand Drug Makers as Improperly Listed in FDA’s Orange Book

On November 7, 2023, the Federal Trade Commission (FTC) sent notice letters1 to 10 brand drug manufacturers of drug-device combination products, including drugs delivered by asthma inhalers, epinephrine autoinjectors, and…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), FTC Act, Hatch-Waxman, Orange Book

See all updates »

Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

The Life Sciences Report – January 2022

Wilson Sonsini is pleased to present the latest edition of The Life Sciences Report. This issue features an interview with Foresight Diagnostics co-founder and CEO Jake Chabon conducted by Matthew Meyer, the firm’s Chief…more

Antitrust Litigation, Antitrust Violations, Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences

See all updates »

Reminders for Preparing the Annual Report on Form 10-K

This year, our annual client alert with reminders for preparing the annual report on Form 10-K includes a short summary of new disclosure requirements effective this year and next year, followed by a more detailed discussion of…more

Compliance, Corporate Governance, Disclosure Requirements, Form 10-K, Publicly-Traded Companies

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2021 Delaware Corporate Law and Litigation Year in Review

We are pleased to present the 2021 Delaware Corporate Law and Litigation Year in Review. A number of Delaware law and related corporate governance developments occurred in 2021 that should be of significant interest to boards,…more

Board of Directors, Corporate Counsel, Corporate Governance, DE Supreme Court, Delaware

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Chancellor McCormick Provides Helpful Guidance on Pre-Suit Litigation Demands Under Delaware Law

Last month, Delaware's new Chancellor Kathaleen S. McCormick issued a decision largely dismissing challenges to board action after finding that the plaintiff's emails to the board constituted pre-suit litigation demands, and…more

Board of Directors, Corporate Counsel, Corporate Governance, Derivative Complaint, Derivative Suit

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DOJ Sues SpaceX in Continuing Campaign Against Use of Export Controls to Justify Employment Discrimination

On August 24, 2023, the U.S. Department of Justice (DOJ) filed a complaint against Space Exploration Technologies Corporation (SpaceX) for its alleged violations of the Immigration and Nationality Act’s (INA) prohibition on…more

Anti-Discrimination Policies, Corporate Counsel, Department of Justice (DOJ), Employment Discrimination, Export Administration Regulations (EAR)

See all updates »

Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

Focus on Fintech – Q1 2024

In this latest edition, our attorneys discuss updates and developments from federal regulators, including those related to the intersection of fintech and artificial intelligence, cryptocurrency and virtual currency updates, and…more

Artificial Intelligence, Banking Sector, Cryptocurrency, FDIC, Financial Institutions

See all updates »

The Entrepreneurs Report - Full-Year 2023

In this latest issue of The Entrepreneurs Report, we've compiled a range of data on venture financing transactions, SAFE financings, and convertible note financings in which the firm was involved in 2023, with the objective of…more

Capital Formation, Capital Raising, Corporate Financing, Early Stage Companies, Entrepreneurs

See all updates »

Congress Ramping Up Focus on Artificial Intelligence: American Companies Will Need a Strong Response

This month, the Senate Homeland Security and Government Accountability Committee (HSGAC) and the House Subcommittee on Cyber Security, Information Technology, and Government Innovation held hearings on the risks and…more

Artificial Intelligence, Congressional Committees, Department of Homeland Security (DHS), Digital Services, European Commission

See all updates »

DOJ and FTC “Signal” That Companies Cannot “Slack” on Preserving Ephemeral Messages

On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals that…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

See all updates »

Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

See all updates »

Corporate Preparedness: Getting and Staying Ready in Uncertain Times

COVID-19 continues to impact companies financially, operationally, and strategically. Confronting unprecedented levels of volatility and stock price declines, and the potential for a painful economic contraction, has many boards…more

Affiliated-Business Arrangements, Board of Directors, Business Interruption, CARES Act, Coronavirus/COVID-19

See all updates »

Check Your Job Postings: Washington’s Pay Transparency Law Goes into Effect

If they haven’t already, employers should ensure that their job postings comply with Washington State’s new pay transparency law, which, in many instances, applies even to businesses outside of the state. The law went into…more

Employer Liability Issues, Hiring & Firing, Human Resources Professionals, Job Ads, Job Applicants

See all updates »

Sustainability and ESG Advisory Practice Update, July 2023

Environmental Protection Agency (EPA) Completes the Launch of Greenhouse Gas Reduction Fund Opportunities - On July 14, 2023, the EPA announced two notice of funding opportunities for up to $20 billion. Up to $14 billion…more

China, Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE)

See all updates »

Game On: Rival Games Co-Founders Battle It Out in Court for Alleged Misuse of Funds and Trade Secrets

A trade secret dispute between the co-founders of Rival Games, an international online gaming platform, highlights the critical role that trade secrets and trademarks play in the success of these platforms. As alluded in the…more

Allocation of Funds, Business Disputes, Business Litigation, Business Opportunities, Delaware General Corporation Law

See all updates »

OIG Tackles New Issues in Its General Compliance Program Guidance: What Companies Need to Know

On November 6, 2023, U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a General Compliance Program Guidance (GCPG) as part of its plan to renovate its library of compliance program…more

Compliance, Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Healthcare Facilities

See all updates »

Utah Passes New Versions of Social Media Laws for Minors in Response to Challenges

On March 13, 2024, Governor Spencer Cox signed Utah’s Social Media Amendments, SB 194 and HB 464. Utah was the first state last year to pass laws strictly limiting minors’ use of social media. These laws were challenged in two…more

Minor Children, New Legislation, Online Platforms, Online Safety for Children, Social Media

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Federal Reserve Announces Details of Main Street Lending Program

On April 30, 2020, the Federal Reserve announced details of its $600 billion Main Street Lending Program established under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The purpose of the Main Street…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Financial Stimulus, Relief Measures

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Fifth Circuit Upholds Federal Trade Commission Ruling in Impax Laboratories, Inc. v. Federal Trade Commission and Grants Substantial Deference to the FTC

On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Impax Laboratories, Inc v. Federal Trade Commission, affirming the Federal Trade Commission's (FTC) unanimous decision that Endo…more

Anticompetitive Agreements, Corporate Counsel, Federal Trade Commission (FTC), Patent Infringement, Patent Litigation

See all updates »

Revenue Purchase or Predatory Loan? New York Attorney General Targets Merchant Cash Advance Providers

On March 5, 2024, the New York Attorney General (AG) Letitia James sued Yellowstone Capital LLC (Yellowstone) and various affiliates, accusing them of running a predatory lending operation by disguising the loans as purchases of…more

Banking Sector, Borrowers, Financial Institutions, Financial Services Industry, Financing

See all updates »

FDA Cracks Down on Companies Listing CBD as an Inactive OTC Ingredient

On March 22, 2021, the U.S. Food and Drug Administration (FDA) issued warning letters to two companies, Honest Globe Inc. and Biolyte Laboratories LLC, for selling products labeled as containing cannabidiol (CBD) in ways that…more

Cannabidiol (CBD) oil, Cannabis Products, Decriminalization of Marijuana, Dietary Supplements, Food and Drug Administration (FDA)

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New Reimbursement Rules Will Likely Impact Digital Health and Telemedicine

On November 1, 2022, the Centers for Medicare & Medicaid Services (CMS) issued the 2023 Physician Fee Schedule (PFS) Final Rule. CMS publishes a PFS annually so as to make changes in federal healthcare reimbursement and policy…more

Centers for Medicare & Medicaid Services (CMS), Digital Health, Health Care Providers, Medicare, Physician Fee Schedule

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Delaware Supreme Court Issues Key Decision Addressing Stockholders' Rights to Access Books and Records Under Section 220 of Delaware General Corporation Law

Last week, the Delaware Supreme Court issued a key decision addressing stockholders' rights to access books and records under Section 220 of the Delaware General Corporation Law. Because the Supreme Court rarely weighs in on the…more

Board of Directors, Books & Records, Breach of Duty, Corporate Counsel, Delaware General Corporation Law

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Delaware Court of Chancery Addresses Benefit-of-the-Bargain Damages in Busted Deals and Who Can Seek Them

On October 31, 2023, in Crispo v. Musk, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery issued a decision addressing an important question that arises in mergers and acquisitions: if one of the parties…more

Acquisitions, Board of Directors, Corporate Governance, Delaware, Delaware General Corporation Law

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California Appeals Court Moves Up Enforcement Date for Latest CCPA Regulations

On February 9, 2024, the California Third District Court of Appeals in Sacramento overturned a lower court order that postponed enforcement of the California Privacy Protection Agency’s (CPPA) newest rules. The decision restores…more

California, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection

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NLRB Attacks Broad Nondisparagement and Confidentiality Provisions in Employee Severance Agreements

In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their…more

Confidentiality Agreements, Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing

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USPTO Proposes New Requirement for Terminal Disclaimers That Amounts to a Significant Change from Current Practice

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking to add a new requirement for terminal disclaimers filed to obviate nonstatutory double patenting rejections to the…more

Double Patent, Obviousness, Patent Litigation, Patents, Proposed Rules

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Sustainability and ESG Advisory Practice Update, November 2023

We are pleased to share the November 2023 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental,…more

Brazil, Climate Change, Corporate Governance, Corporate Social Responsibility, Department of Energy (DOE)

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

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Amended California Automatic Renewal Law (ARL) Takes Effect in 2022

Law Will Have Implications for Companies That Offer Automatic Subscriptions or Renewals - On October 4, 2021, Governor Gavin Newsom signed into law Assembly Bill No. 390, which amends California's Automatic Renewal Law (ARL),…more

Automatic Renewals, California, Governor Newsom, Subscribers, Subscription Services

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CMS to Require COVID-19 Vaccines by January 4, 2022 for Many Healthcare Staff

On November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an Interim Final Rule (IFR) with Comment Period, 86 Fed. Reg. 61555 (Nov. 5, 2021), requiring mandatory COVID-19 vaccination of staff of many…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

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Focus on Fintech – Q2 2023

In this most recent issue, we discuss a number of federal banking agency updates, including the long-awaited Final Interagency Guidance on Third-Party Relationships and the Federal Reserve Bank of New York’s report on the…more

Banking Sector, Banks, Cryptoassets, Cryptocurrency, FDIC

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Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner at…more

Antitrust Conspiracies, Antitrust Litigation, Cartels, Department of Justice (DOJ), Enforcement Actions

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Preparing for the 2024 Proxy Season

As we enter the 2024 proxy season, public companies should consider a number of key disclosure and governance matters. Below is a high-level summary of applicable rule changes, guidance, and disclosure considerations for the…more

Board of Directors, Compensation, Corporate Governance, Diversity, Proxy Season

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And Then There Were Five: Connecticut Enacts Comprehensive Privacy Law

Connecticut became the fifth U.S. state to enact a comprehensive consumer privacy law following California, Virginia, Colorado, and Utah. On May 10, 2022, Connecticut Governor Ned Lamont signed "An Act Concerning Personal Data…more

Connecticut, Data Privacy, Data Protection, Data Security, New Legislation

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Delaware Court of Chancery Clamps Down on Mootness Fees for Immaterial Supplemental Disclosures

On July 6, 2023, the Delaware Court of Chancery issued an important opinion that seeks to further limit the “merger tax” imposed on many companies in the context of significant M&A transactions. The court declared that future…more

Acquisitions, Corporate Taxes, Delaware, Mergers, Mootness

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FTC Reinterprets FTC Act to Include Broad Powers Related to “Interlocking Directorates”

In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it…more

Board of Directors, Competition, Compliance, Corporate Counsel, Federal Trade Commission (FTC)

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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Initial Reaction of European Data Protection Regulators to Schrems 2.0 Judgment

Over the last few days, the European Data Protection Board (EDPB), the European Data Protection Supervisor (EDPS) and various Supervisory Authorities (SAs) across Europe issued statements addressing the decision of the European…more

Data Collection, Data Protection, EU, European Data Protection Board (EDPB), General Data Protection Regulation (GDPR)

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Focus on Fintech – Q1 2024

In this latest edition, our attorneys discuss updates and developments from federal regulators, including those related to the intersection of fintech and artificial intelligence, cryptocurrency and virtual currency updates, and…more

Artificial Intelligence, Banking Sector, Cryptocurrency, FDIC, Financial Institutions

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SEC Disclosure Considerations Arising from Recent Developments in Crypto Asset Markets

The staff of the Division of Corporation Finance at the U.S. Securities and Exchange Commission (SEC) recently provided guidance for public companies regarding disclosures pertaining to recent developments in crypto asset…more

Commercial Bankruptcy, Crypto Exchanges, Cryptoassets, Cryptocurrency, Disclosure Requirements

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Action Required: Share Transfers Pursuant to ISO Exercises and ESPP Purchases

Companies frequently grant tax-advantaged incentive stock options (ISOs) or sponsor a tax-advantaged employee stock purchase plan (an ESPP) to provide tax-advantaged equity incentives to employees that are U.S. taxpayers. One…more

Compensation & Benefits, Employee Benefits, Employee Stock Purchase Plans, Human Resources Professionals, Incentive Stock Options

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Fund Management in a Time of Crisis: Considerations for Venture Fund Sponsors

A venture fund manager faces all the issues resulting from the current coronavirus (COVID-19) pandemic that virtually every other business faces: social distancing, maintaining business-as-usual in a virtual setting, local and…more

Coronavirus/COVID-19, Fund Managers, Investment Funds, Investment Management, Portfolio Companies

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How Extreme Should the FBI and DHS Be in Removing Extremism from Gaming?

The United States Government Accountability Office (GAO) recently published a report that highlights the federal government’s increased interest in monitoring domestic violent extremist content on gaming and social media…more

Department of Homeland Security (DHS), Electronic Monitoring, FBI, Gaming, GAO

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Report on U.S. Semiconductor Industry Raises Implications for PRC Investments in U.S. Companies

In January 2017, the President's Council of Advisors on Science and Technology (PCAST) issued a report to then President Barack Obama titled "Ensuring Long-Term U.S. Leadership in Semiconductors."1 The report assesses the state…more

Barack Obama, CFIUS, China, Foreign Investment, Information Reports

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Major Change to European Patent System in 2023 to Impact Patent Owners' Portfolios

A major change to the European patent system is expected in 2023. Currently, patent owners: 1) validate European patents in individual States, 2) pay renewal fees, and 3) enforce the patent independently in each individual State…more

EU, European Patent Convention, European Patent Office, Intellectual Property Protection, Member State

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President Trump Issues Executive Order on Climate Change

On March 28, 2017, President Donald Trump issued an executive order that significantly rolls back climate change policy enacted under the Obama administration and requires review of agency actions that may negatively impact…more

Clean Power Plan, Climate Change, Energy Policy, Environmental Protection Agency (EPA), Executive Orders

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India Reporting and Registration Requirement Updates

Governmental organizations in India have recently introduced changes that may affect clients with Indian subsidiaries. These changes involve: - reporting requirements related to foreign investment into Indian entities,…more

Corporate Governance, Foreign Investment, India, Reporting Requirements, Subsidiaries

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NIS2: Preparing for EU’s New Cybersecurity Rules

The European Union (EU) has revised its Cybersecurity Directive (NIS2). The new rules will apply to a wide range of companies in many sectors, create new cybersecurity obligations, and impose high fines for noncompliance. EU…more

Cybersecurity, Data Protection, Data Protection Officers (DPOs), Data Security, EU

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Digital Health Report - Summer 2019

Avoid Potential Pitfalls When Incorporating Third-Party Software into Wearable Products - The global market for wearable devices continues to expand rapidly. Digital health companies that manufacture and sell their own…more

Digital Health, Electronic Protected Health Information (ePHI), Food and Drug Administration (FDA), Health Insurance Portability and Accountability Act (HIPAA), Health Technology

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Focus on Fintech – Q1 2024

In this latest edition, our attorneys discuss updates and developments from federal regulators, including those related to the intersection of fintech and artificial intelligence, cryptocurrency and virtual currency updates, and…more

Artificial Intelligence, Banking Sector, Cryptocurrency, FDIC, Financial Institutions

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Sustainability and ESG Advisory Practice Update, January-February 2024

We are pleased to share the January-February 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and…more

Business Strategies, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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The SECURE Act Impacts Retirement Plans

The Setting Every Community Up for Retirement Enhancement (SECURE) Act was signed into law late last month and makes significant positive changes impacting retirement plans. Many of the provisions are effective today, so…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Contributions

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White House Releases National Cybersecurity Strategy: Key Takeaways for the Private Sector

On March 2, 2023, the White House released its National Cybersecurity Strategy (the Strategy). The Strategy sets out ambitious goals for the federal government to hold countries accountable for irresponsible behavior in…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Jury Finds Gilead and Teva Did Not Engage in an Anticompetitive Pay-for-Delay Scheme for HIV Drugs

On June 30, 2023, a jury in the Northern District of California found Gilead and Teva not liable in a trial accusing the companies of engaging in an illegal reverse payment to delay generic versions of two HIV drugs, Truvada…more

Anti-Competitive, Antitrust Litigation, Antitrust Violations, Generic Drugs, HIV

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

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USPTO Implements Post-Prosecution Pilot Program

On July 11, 2016, the United States Patent and Trademark Office (USPTO) published a notice detailing the initiation of the Post-Prosecution Pilot Program (P3). As implemented, the P3 provides an additional path forward for…more

Final Action, Patent Applications, USPTO, USPTO Pilot Program

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EU’s Top Court Rules That Competition Authorities Can Consider Data Protection Breaches in Their Investigations

In a landmark judgment issued on July 4, 2023, the European top court, the Court of Justice (ECJ), ruled that competition authorities in the EU can consider a company’s compliance with the EU’s data protection rules when…more

Anti-Competitive, Antitrust Investigations, Antitrust Violations, Competition, Corporate Counsel

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

See all updates »

Federal Reserve Announces Details of Main Street Lending Program

On April 30, 2020, the Federal Reserve announced details of its $600 billion Main Street Lending Program established under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The purpose of the Main Street…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Financial Stimulus, Relief Measures

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2023 Technology and Life Sciences PIPE and RDO Report

The 2023 Technology and Life Sciences PIPE and RDO Report presents analysis related to 177 private investments in public equity (PIPEs) and registered direct offerings (RDOs) by U.S.-based technology and life sciences companies…more

Capital Markets, Fiduciary Duty, Initial Public Offering (IPO), Investors, Life Sciences

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Congress Ramping Up Focus on Artificial Intelligence: American Companies Will Need a Strong Response

This month, the Senate Homeland Security and Government Accountability Committee (HSGAC) and the House Subcommittee on Cyber Security, Information Technology, and Government Innovation held hearings on the risks and…more

Artificial Intelligence, Congressional Committees, Department of Homeland Security (DHS), Digital Services, European Commission

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A Much-Needed Makeover: Congress Signs Updates to Cosmetic Regulations

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA), signed into law on December 29, 2022, as part of the year-end Consolidated Appropriations Act, 2023, added significant new requirements for manufacturers, packers,…more

Cosmetics, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health and Safety, Manufacturers

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The CARES Act: A Summary for Technology and Life Sciences Companies

On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a $2 trillion stimulus package thought to be the largest in U.S. history. This is the third stimulus package adopted in…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Life Sciences, Relief Measures

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The Entrepreneurs Report - 1H 2020

From the Wilson Sonsini Database: Financing Trends for 1H 2020 - The second quarter of 2020 began amid significant business disruptions and market volatility associated with the COVID-19 pandemic. The potential impact on the…more

Bridge Loan, Business Formation, Down Rounds, Entrepreneurs, Seed Financing

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OCR at HHS Updates Guidance on Use of Online Tracking Technology by HIPAA-Regulated Entities

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its guidance on the use of online tracking technology by covered entities regulated by the Health Insurance…more

Business Associates, Covered Entities, Cybersecurity, Data Protection, Department of Health and Human Services (HHS)

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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SPARCs: An Attractive Alternative to Traditional SPACs?

On September 29, 2023, the U.S. Securities and Exchange Commission (SEC) declared effective a registration statement for Pershing Square SPARC Holdings, Ltd., which is contemplating a unique variation on the traditional special…more

Acquisitions, Capital Markets, Investors, Securities and Exchange Commission (SEC), Securities Litigation

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Basics of the Bayh-Dole Act: FAQs

In this Client Advisory, we answer some frequently asked questions (FAQs) about the Bayh-Dole Act or Patent and Trademark Law Amendments Act (Bayh-Dole)…more

Patents, Trademarks

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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CARES Act Executive Compensation Provisions

The $2.3 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act1 provides a variety of stimulus and relief programs to employers negatively impacted by COVID-19. Each program has different eligibility requirements…more

CARES Act, Employee Benefits, Executive Compensation, Relief Measures

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New York Adds Text Messages to Telemarketing Regulations

On July 13, 2021, Governor Andrew M. Cuomo signed legislation that expands New York state's definition of "telemarketing" to include marketing by text messages. Under the legislation, which became effective on August 12, 2021,…more

Do Not Call List, Governor Cuomo, Marketing, New York, Telemarketing

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

See all updates »

Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

Amgen-Horizon: The FTC's First Litigated Pharmaceutical Merger Challenge in 14 Years and First Conglomerate Merger Challenge in Decades

On May 17, 2023, the Federal Trade Commission (FTC) challenged Amgen Inc.’s (Amgen) proposed acquisition of Horizon Therapeutics plc (Horizon). The complaint is significant in three respects…more

Acquisitions, Amgen, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC)

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The Life Sciences Report - Spring 2014

In this issue: - A New Accelerator Takes Digital Health Start-Ups to the Next Level - The Return of the MedTech IPO Market - Is There a Deal in Your Future? A Guide to Navigating Antitrust Waters -…more

Digital Health, Healthcare, Initial Public Offering (IPO), Patents, SBIRs

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New Proposed Rules Published for Cyber Incident Reporting and Cybersecurity Requirements Will Have Major Impacts on Federal Contractors

Reflective of the Government’s increasing focus on cybersecurity, on October 3, 2023, the Federal Acquisition Regulation Council (FAR Council) released two new proposed rules that will have major impacts on federal contractors…more

Cybersecurity, Data Protection, Data Security, Department of Justice (DOJ), Federal Acquisition Regulations (FAR)

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California Courts Rule Federal Forum Selection Provisions in Chartering Documents Enforceable

In March, the Delaware Supreme Court held in Salzberg v. Sciabacucchi, 227 A.3d 102 (Del. 2020) that "Federal Forum Selection Provisions," corporate bylaw or charter provisions that require claims under the Securities Act of…more

Enforcement Actions, Securities Act of 1933, Securities and Exchange Commission (SEC), Securities Exchange Act

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Federal Circuit Affirms Jazz Pharmaceutical's Risk Evaluation and Mitigation Strategy Patent Is Not Listable in Orange Book

On February 24, 2023, the Federal Circuit held that Jazz Pharmaceuticals, Inc. (Jazz) must delist U.S. Patent No. 8,731,963 (the ’963 Patent) from the U.S. Food and Drug Administration’s (FDA’s) “Orange Book” because the claims…more

FDA Approval, Food and Drug Administration (FDA), Life Sciences, Patent Litigation, Patents

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In Rare Decision, Delaware Court of Chancery Imposes Liability on CEO and Acquiror Post-Trial

On March 15, 2023, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery issued a rare post-trial decision finding a CEO personally liable for millions of dollars in damages for breaching his fiduciary duties…more

Board of Directors, Breach of Duty, Corporate Counsel, Corporate Officers, Delaware General Corporation Law

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California Court of Appeal Issues First Ever Decision on State's Automatic Renewal Law; Curbs Misuse of Statute

On September 11, 2020, the California Court of Appeals handed down a published decision in Mayron v. Google, one of the earliest cases brought under California's notorious Automatic Renewal Law (ARL), California Business and…more

Automatic Renewals, California, Consumer Contracts, Google, State and Local Government

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Preparing for the 2024 Proxy Season

As we enter the 2024 proxy season, public companies should consider a number of key disclosure and governance matters. Below is a high-level summary of applicable rule changes, guidance, and disclosure considerations for the…more

Board of Directors, Compensation, Corporate Governance, Diversity, Proxy Season

See all updates »

New York City Announces Reinstatement of Refundable Biotech Tax Credits for Emerging Companies Through 2026

On December 4, 2023, New York City Mayor Eric Adams signed legislation to reinstate previously lapsed tax credits for biotech companies (the Credit), with a view towards bolstering the emerging biotechnology sector in New York…more

Biotechnology, Emerging Technology Companies, New York, Research and Development, Tax Credits

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MSB or Not MSB? That Is the Question (for Determining Applicability of Anti-Money Laundering Rules)

Over the last 20 years, commerce, finance, and banking have become increasingly digital. Anti-money laundering (AML) regulators have found themselves catching up with the pace of technological innovation.1 As AML regulators have…more

Anti-Money Laundering, Bank Secrecy Act, Banking Sector, FinCEN, Money Transmitter

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Draft Guidance Puts March-In Authority Pursuant to Bayh-Dole in the News Once Again

On December 8, 2023, the National Institute of Standards and Technology (NIST) released the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights (guidance) to the public for comment. The comment…more

Bayh-Dole Act, Comment Period, Federal Funding, Inventions, March-in-Rights

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[Ongoing Program] 2023 Medical Device Digital Health Conference - June 16th, San Francisco, CA

Wilson Sonsini’s 30th Annual Medical Device Digital Health Conference will address topics of critical importance to medical device and digital health companies today, including key healthcare regulatory considerations, the…more

Acquisitions, Angel Investors, Artificial Intelligence, Business Development, Business Opportunities

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EU and U.S. Finalize Data Privacy Framework: Here’s How to Get Certified

On July 10, 2023, the European Commission (EC) adopted an adequacy decision in relation to the EU-U.S. Data Privacy Framework (DPF). This paves the way for organizations to certify to the DPF, reducing friction for transfers of…more

Corporate Counsel, Cybersecurity, Data Privacy, Data Protection, EU

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California Considers Expanding State Antitrust Prohibitions

Big changes to California’s state antitrust law, called the Cartwright Act, may be in the works. These changes, if enacted, would represent a significant departure from current antitrust law, prohibiting otherwise lawful conduct…more

Antitrust Division, Antitrust Litigation, Antitrust Provisions, California, Cartwright Act

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Action Required: Share Transfers Pursuant to ISO Exercises and ESPP Purchases

As a reminder, the Internal Revenue Code requires that you furnish an information return to each individual (“optionee”) who exercised an incentive stock option (ISO) during 2022 and to each individual (“transferor”) who…more

Compensation & Benefits, Employee Benefits, Employee Stock Purchase Plans, Human Resources Professionals, Incentive Stock Options

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The Life Sciences Report – June 2022

Wilson Sonsini is pleased to present the latest edition of The Life Sciences Report. This issue features articles on the firm’s new Boulder office and recent Gateway to Colorado VC roadshow, a collaboration between Deloitte’s…more

FDA Approval, Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences, Patent Litigation

See all updates »

Digital Health Report - Q2 2021

In this issue, we discuss U.S. Food and Drug Administration (FDA) regulation of wellness devices. We also look at good commercial contracting hygiene for digital health start-ups. Other articles include recent enforcement…more

Acquisitions, Confidentiality Agreements, Cybersecurity, Electronic Health Record Incentives, Food and Drug Administration (FDA)

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SEC Adopts Final Enhanced and Standardized Climate-Related Disclosure Rules

On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) adopted final enhanced and standardized climate-related disclosure rules requiring disclosure of climate-related information in registration statements and…more

Climate Change, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Publicly-Traded Companies

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Marketing in the Metaverse

The metaverse presents exciting new opportunities for brands to engage a new audience through interactive virtual environments and immersive experiences, including with virtual products that cross the digital divide. Many luxury…more

Brand, Copyright, Digital Media, Fashion Branding, Intellectual Property Protection

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FERC Initiates New Proceeding to Review Its Policy on Federal Power Act Section 203(a)(2) Blanket Authorizations, Posing Potential Ramifications for ESG Investing

On December 19, 2023, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) to request public comments on questions relating to FERC’s current policy on providing blanket authorizations for the…more

Energy Market, Energy Sector, Environmental Social & Governance (ESG), Federal Power Act, FERC

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BIS Expands Export Controls on Advanced Computing Integrated Circuits for Supercomputer and Semiconductor End Use, and on Semiconductor Manufacturing Equipment and Related Equipment to China

On October 17, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued new controls aimed at further slowing China’s development of advanced AI technologies. These new controls, published in two…more

Bureau of Industry and Security (BIS), China, Entity List, Export Administration Regulations (EAR), Export Controls

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DOJ Seeks an Encore Showdown with Live Nation and Ticketmaster

DOJ's Most Recent Monopolization Case Reflects Several Agency Priorities Including Expansion of Section 2 to Respond to Headline-Grabbing Popular Demands…more

Anti-Competitive, Anti-Monopoly, Antitrust Division, Antitrust Violations, Competition

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California Appeals Court Moves Up Enforcement Date for Latest CCPA Regulations

On February 9, 2024, the California Third District Court of Appeals in Sacramento overturned a lower court order that postponed enforcement of the California Privacy Protection Agency’s (CPPA) newest rules. The decision restores…more

California, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection

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Utah Passes New Versions of Social Media Laws for Minors in Response to Challenges

On March 13, 2024, Governor Spencer Cox signed Utah’s Social Media Amendments, SB 194 and HB 464. Utah was the first state last year to pass laws strictly limiting minors’ use of social media. These laws were challenged in two…more

Minor Children, New Legislation, Online Platforms, Online Safety for Children, Social Media

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Corporate Preparedness: Getting and Staying Ready in Uncertain Times

COVID-19 continues to impact companies financially, operationally, and strategically. Confronting unprecedented levels of volatility and stock price declines, and the potential for a painful economic contraction, has many boards…more

Affiliated-Business Arrangements, Board of Directors, Business Interruption, CARES Act, Coronavirus/COVID-19

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The Privacy Impact of the New Brexit Deal

On December 24, 2020, the European Commission (EC) and UK government announced the long-awaited EU-UK Trade and Cooperation Agreement (the Brexit Agreement), which sets out the future relations between the EU and the UK. If…more

Cybersecurity, Data Protection, EU, European Commission, General Data Protection Regulation (GDPR)

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

Delaware Supreme Court Enforces Waiver of Statutory Appraisal Rights

Earlier this week, the Delaware Supreme Court issued a significant decision reinforcing Delaware's strong policy favoring private ordering and giving effect to agreements among sophisticated stockholders. The decision…more

Appraisal Rights, Board of Directors, Controlling Stockholders, Corporate Governance, Corporate Officers

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European Commission Seeks Companies' Input on GDPR Enforcement

On February 24, 2023, the European Commission (EC) opened a public consultation on its initiative (Initiative) to revise procedural rules relating to the enforcement of the EU General Data Protection Regulation (GDPR). The EC…more

Cross-Border, Data Protection, Data Security, EU, EU Data Protection Laws

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U.S. Court of Appeals for the Ninth Circuit Clarifies DMCA Injunction Burden

As a previous Wilson Sonsini Alert reported, Snail Games USA Inc. and Wildcard Properties LLC (collectively, “Snail”) sent a Digital Millennium Copyright Act (DMCA) takedown notice to Valve Corporation (Valve) in order to have…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Gaming

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Innovations and Opportunities in Energy Efficiency Finance

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy…more

Clean Energy, Energy Efficiency, ESPCs, Innovation, Public Private Partnerships (P3s)

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Nasdaq Proposals, U.S. Senate Bill, and Presidential Memorandum Seeking to Address Risks with Emerging Market Investments and Audit Concerns

In May 2020, The Nasdaq Stock Market LLC (Nasdaq) filed with the U.S. Securities and Exchange Commission (SEC) three proposals to adopt new listing requirements for Restrictive Market companies and address certain audit…more

Foreign Corporations, Nasdaq, Popular, Securities and Exchange Commission (SEC)

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FDA Holds Webinar on Draft Transition Plans for COVID-19 Related Medical Devices and Enhances 510(k) Submission Tracker

On February 22, 2022, the U.S. Food and Drug Administration (FDA) hosted a webinar on two draft guidance documents for the transition plans for medical devices commercialized pursuant to either Emergency Use Authorization (EUA)…more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), Food and Drug Administration (FDA), Life Sciences, Manufacturers

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Focus on Fintech – Q3 2023

In this most recent issue, we discuss a number of updates and developments from federal regulators, including those related to novel banking arrangements, misrepresentations in advertisements and marketing, the intersection of…more

Artificial Intelligence, Banking Sector, Banks, Cryptoassets, Financial Institutions

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The Life Sciences Report – June 2023

This latest issue features an article on Enliven Therapeutics’ reverse merger with Imara and concurrent financing, including an interview with Enliven co-founder and CEO Sam Kintz; a piece on trends in digital health following…more

Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Digital Health, Federal Trade Commission (FTC)

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2023 Technology and Life Sciences IPO Report

Market volatility, high interest rates, and ongoing geopolitical conflict continue to influence low levels of IPO activity in the U.S. capital markets. The trend is observed across all sectors, resulting in IPO levels similar to…more

Board of Directors, Corporate Governance, Emerging Growth Companies, Emerging Technology Companies, Initial Public Offering (IPO)

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Brexit to Begin Transition Period for Brand Owners Seeking UK Trademark Protection

Brand owners seeking to do business in Europe are well-advised to apply to register their key brands as trademarks. With the United Kingdom formally leaving the European Union as of January 31, brand owners seeking protection in…more

Corporate Counsel, EU, European Union Trade Mark (EUTM), Intellectual Property Protection, Trademark Application

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USPTO Proposes New Requirement for Terminal Disclaimers That Amounts to a Significant Change from Current Practice

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking to add a new requirement for terminal disclaimers filed to obviate nonstatutory double patenting rejections to the…more

Double Patent, Obviousness, Patent Litigation, Patents, Proposed Rules

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PTAB Determines Broad Has Priority in Dispute over CRISPR Gene Editing Patents in Eukaryotic Systems

On February 28, 2022, the Patent Trial and Appeal Board (PTAB) issued a decision in Interference No. 106,115, University of California v. Broad Institute, on priority of invention for CRISPR-Cas9 gene editing methods of…more

Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

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President Trump's Proposed 2019 Budget Adds Restrictions to First Filer's 180-Day Exclusivity

The Drug Price Competition and Patent Term Restoration Act of 1984 (i.e., the Hatch-Waxman Amendments) first established the ANDA approval pathway for generic drugs. Subsequently in 2003, the Medicare Prescription Drug,…more

Abbreviated New Drug Application (ANDA), Food and Drug Administration (FDA), Generic Drugs, Hatch-Waxman, Patent Litigation

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[Ongoing Program] 2023 Medical Device Digital Health Conference - June 16th, San Francisco, CA

Wilson Sonsini’s 30th Annual Medical Device Digital Health Conference will address topics of critical importance to medical device and digital health companies today, including key healthcare regulatory considerations, the…more

Acquisitions, Angel Investors, Artificial Intelligence, Business Development, Business Opportunities

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China FDA Proposes Hatch-Waxman-Like Regulatory Framework Linking Drug Approval to Patent Rights

Recently, the China Food and Drug Administration (CFDA) issued a policy proposal linking drug approval to patent rights.1 The proposal is intended to promote innovation in the development of both drugs and medical devices and to…more

China, China FDA, FDA Approval, Hatch-Waxman, Pharmaceutical Industry

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COVID Relief Bill Contains Energy Tax Extenders

On December 21, 2020, lawmakers on Capitol Hill passed a tax extenders package as part of a larger COVID relief bill, the Consolidated Appropriations Act, 2021 (the act). President Trump is expected to sign the act into law in…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

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Ninth Circuit Cuts Shareholders More Slack on Section 11 Claims

In the past several years, the number of claims filed against newly public companies under the Securities Act of 1933 has increased significantly. At the same time, the development of direct listings has given companies seeking…more

Board of Directors, Corporate Governance, Enforcement Actions, Fraud, Initial Public Offering (IPO)

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DOJ and FTC “Signal” That Companies Cannot “Slack” on Preserving Ephemeral Messages

On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals that…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

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Focus on Fintech – Q3 2023

In this most recent issue, we discuss a number of updates and developments from federal regulators, including those related to novel banking arrangements, misrepresentations in advertisements and marketing, the intersection of…more

Artificial Intelligence, Banking Sector, Banks, Cryptoassets, Financial Institutions

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2020 PTAB Year in Review

The firm's post-grant practice is pleased to present its 2020 PTAB Year in Review. The publication begins with a review of 2020 petition filings at the Patent Trial and Appeal Board (PTAB) and takes a closer look at the impact…more

America Invents Act, Appeals, Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Infringement

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The Life Sciences Report – January 2024

This issue features articles on the firm’s Business Advisory Practice supporting Nervosave Therapeutics’ U.S. expansion; the USPTO’s forthcoming guidance on AI innovation protection; option pool sizes for life sciences…more

Artificial Intelligence, Department of Justice (DOJ), Life Sciences, Medical Devices, Medical Equipment

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White House Releases National Cybersecurity Strategy: Key Takeaways for the Private Sector

On March 2, 2023, the White House released its National Cybersecurity Strategy (the Strategy). The Strategy sets out ambitious goals for the federal government to hold countries accountable for irresponsible behavior in…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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CFIUS Guidelines: Betwixt and Between

On October 20, 2022, the Committee on Foreign Investment in the United States (CFIUS or the Committee) issued its first-ever set of “Enforcement and Penalty Guidelines.” The Guidelines introduce for CFIUS participants a new dose…more

CFIUS, Cross-Border Transactions, Emerging Technology Companies, Enforcement Actions, Export Controls

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Nasdaq Proposals, U.S. Senate Bill, and Presidential Memorandum Seeking to Address Risks with Emerging Market Investments and Audit Concerns

In May 2020, The Nasdaq Stock Market LLC (Nasdaq) filed with the U.S. Securities and Exchange Commission (SEC) three proposals to adopt new listing requirements for Restrictive Market companies and address certain audit…more

Foreign Corporations, Nasdaq, Popular, Securities and Exchange Commission (SEC)

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DOJ Files Lawsuit to Block National Security Support Services Merger

On June 29, 2022, the U.S. Department of Justice (DOJ) filed a lawsuit seeking to block Booz Allen Hamilton Holding Corporation's (Booz Allen's) proposed acquisition of EverWatch Corp. (EverWatch). The DOJ's suit is unique in…more

Antitrust Division, Antitrust Investigations, Antitrust Provisions, Antitrust Violations, Biden Administration

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Preparing for the 2024 Proxy Season

As we enter the 2024 proxy season, public companies should consider a number of key disclosure and governance matters. Below is a high-level summary of applicable rule changes, guidance, and disclosure considerations for the…more

Board of Directors, Compensation, Corporate Governance, Diversity, Proxy Season

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Digital Health Report - Winter 2018

Machine Learning and Digital Health Applications - The use of artificial intelligence (AI) algorithms to solve complex problems has risen dramatically in the last several years. In 2017, Gartner identified more than 1,000…more

Digital Health, Health Care Providers, Innovative Technology, Life Sciences, Mayo v. Prometheus

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FTC Enters into Consent Agreement Regarding Company's Use of Exclusive Contracts

The Federal Trade Commission (FTC) recently announced that Invibio, which sells high-performance polymer for medical implants, has settled charges that the company monopolized sales to medical device makers through unlawful…more

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Focus on Fintech – Q4 2023

In this issue, we discuss updates and developments from federal regulators, including those related to the intersection of fintech and artificial intelligence, crypto-asset and central bank digital currencies, and consumer…more

Artificial Intelligence, Consumer Financial Protection Bureau (CFPB), Cryptoassets, Cybersecurity, Federal Trade Commission (FTC)

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The Life Sciences Report – June 2023

This latest issue features an article on Enliven Therapeutics’ reverse merger with Imara and concurrent financing, including an interview with Enliven co-founder and CEO Sam Kintz; a piece on trends in digital health following…more

Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Digital Health, Federal Trade Commission (FTC)

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COVID-19 Tax Relief: Congress Enacts Federal Income Tax Relief for Businesses

As part of the U.S. government's response to the economic disruption caused by the Novel Coronavirus (COVID-19), on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (H.R. 748 or the CARES Act) was enacted…more

CARES Act, Coronavirus/COVID-19, Federal Taxes, Income Taxes, Net Operating Losses

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Fund Management in a Time of Crisis: Considerations for Venture Fund Sponsors

A venture fund manager faces all the issues resulting from the current coronavirus (COVID-19) pandemic that virtually every other business faces: social distancing, maintaining business-as-usual in a virtual setting, local and…more

Coronavirus/COVID-19, Fund Managers, Investment Funds, Investment Management, Portfolio Companies

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U.S. Department of Commerce's Bureau of Industry and Security Relaxes Several Classification and Reporting Requirements for Encryption Items

As of March 29, 2021, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) has implemented significant modifications to the Export Administration Regulations (EAR) that relax requirements on the classification…more

Bureau of Industry and Security (BIS), Encryption, Entity List, Export Administration Regulations (EAR), Export Controls

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Considerations in Accessing Revolving Credit Lines

The COVID-19 pandemic has resulted in unprecedented economic challenges for numerous industries throughout the world that have put tremendous stress on the global financial markets. As a result, numerous companies have been…more

Borrowers, Coronavirus/COVID-19, Financial Markets, Financial Services Industry, Lenders

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SPARCs: An Attractive Alternative to Traditional SPACs?

On September 29, 2023, the U.S. Securities and Exchange Commission (SEC) declared effective a registration statement for Pershing Square SPARC Holdings, Ltd., which is contemplating a unique variation on the traditional special…more

Acquisitions, Capital Markets, Investors, Securities and Exchange Commission (SEC), Securities Litigation

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The Anthem-Cigna Merger Litigation Saga: Key Insights for Future Deals

On May 3, 2021, Anthem, Inc. secured its win over Cigna Corp.'s pursuit of a $1.85 billion breakup fee following the collapse of their proposed $54 billion merger. In a brief order, Justice Karen L. Valihura, writing for the…more

Acquisitions, Anthem Insurance, Antitrust Investigations, Antitrust Litigation, CIGNA

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

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FDA Pulls Back the Veil on Surrogate Endpoints

A surrogate endpoint is a clinical measurement—associated with a specific treatment—that indicates whether the treatment may provide a statistically significant clinical benefit. A possible example of a surrogate endpoint is…more

Clinical Trials, Food and Drug Administration (FDA), Medical Research, Pharmaceutical Industry, Prescription Drugs

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Compliance Reminder: Nasdaq Board Diversity Rules

On August 6, 2021, the U.S. Securities and Exchange Commission (SEC) approved the proposed rules submitted by the Nasdaq Stock Market (Nasdaq) relating to diversity on the boards of directors of Nasdaq listed companies (the…more

Board of Directors, Corporate Governance, Disclosure Requirements, Diversity, Diversity and Inclusion Standards (D&I)

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Keeping an Eye on the Ball: Government Agencies Increasingly Focused on 2026 FIFA World Cup Legal Issues

On September 22, 2023, the U.S. Department of Justice (DOJ) announced that it was partnering with Mexico’s Federal Economic Competition Commission and Canada’s Competition Bureau on a new joint initiative to “deter, detect and…more

Anti-Corruption, Bribery, Canada, Corruption, Department of Justice (DOJ)

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Opportunity for Innovative Companies to Shape U.S. Patent and Trademark Office Initiatives

The United States Patent and Trademark Office (USPTO) is requesting public comment on how they can accelerate and incentivize the commercialization of innovative technologies. Public comments can be submitted via this…more

Innovative Technology, Intellectual Property Protection, Inventions, Patent Applications, Patent Litigation

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Changes in Law Allow Increased Flexibility for Management of Delaware Corporations to Grant Equity Awards; Should You Take Advantage of the Increased Flexibility?

Among the recently enacted changes to the Delaware General Corporation Law (DGCL) that were described in our August 1, 2022 Client Alert are some that provide more flexibility for boards of directors of Delaware corporations to…more

Board of Directors, Corporate Counsel, Corporate Governance, Delaware, Delaware General Corporation Law

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The Impact of COVID-19 on the Commercial Real Estate Market

The COVID-19 pandemic has resulted in increasingly restrictive government orders throughout the United States that may largely prohibit businesses from accessing and operating from their leased facilities. Most commercial and…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Contract Termination

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DOJ Publishes Guidance Concerning Voluntary Disclosure of Willful Export Controls and Sanctions Violations

The National Security Division (NSD) of the U.S. Department of Justice (DOJ) recently issued guidance documenting its policy regarding the voluntary self-disclosure (VSD) of potentially criminal violations of the export controls…more

Arms Export Control Act, Cooperation, Department of Justice (DOJ), Export Controls, Foreign Corrupt Practices Act (FCPA)

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Sustainability and ESG Advisory Practice Update, December 2023

We are pleased to share the December 2023 issue of Wilson Sonsini’s Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental,…more

Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), EU, European Commission

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Federal Circuit Affirms Jazz Pharmaceutical's Risk Evaluation and Mitigation Strategy Patent Is Not Listable in Orange Book

On February 24, 2023, the Federal Circuit held that Jazz Pharmaceuticals, Inc. (Jazz) must delist U.S. Patent No. 8,731,963 (the ’963 Patent) from the U.S. Food and Drug Administration’s (FDA’s) “Orange Book” because the claims…more

FDA Approval, Food and Drug Administration (FDA), Life Sciences, Patent Litigation, Patents

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SEC Adopts Significant Rule Changes for Private Fund Advisers

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) adopted or amended rules under the Investment Advisers Act of 1940 (Advisers Act) that impose significant new obligations on advisers to private funds. This…more

Broker-Dealer, Financial Adviser, Investment Adviser, Investors, New Rules

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Draft Merger Guidelines Issued: U.S. Antitrust Agencies’ Proposed Guidance Conflicts with Current Law and Seems Unlikely to Gain Wide Acceptance from Courts

The two U.S. antitrust authorities—the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the “Agencies”)—have jointly proposed new Draft Merger Guidelines to replace…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), FTC Guidelines

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Author of The Tetris Effect Sues Apple and the Tetris Company for Copyright Infringement over Release of the Tetris Movie

On August 7, 2023, Dan Ackerman, author of the nonfiction book, The Tetris Effect, sued Apple, the Tetris Company, and several other parties following the release of the Tetris film on Apple TV+ in March 2023…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, The Copyright Act

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Hello, Old Friend: Where Have You Been? French Antitrust Agency Levies Eye-Watering $510 Million Fine on Three Pharmaceutical Firms and Breathes New Life into Collective Dominance

The concept of dominance plays a pivotal role in European antitrust law. The creation or strengthening of a dominant position is an example of the “significant impediment to effective competition” that grounds the prohibition of…more

Antitrust Litigation, Corporate Counsel, EU, European Medicines Agency (EMA), False Claims Act (FCA)

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The Life Sciences Report – January 2023

Wilson Sonsini is pleased to present the latest edition of The Life Sciences Report. This issue features an article on interlocking boards in the life sciences sector and the antitrust risk they pose to firms and investors; an…more

Acquisitions, Biotechnology, Department of Justice (DOJ), Digital Health, Food and Drug Administration (FDA)

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Plaintiff Claims Hearthstone Gives Her Too Many Good Cards

On May 17, 2022, Plaintiff Y.H. brought claims against Blizzard Entertainment making two sets of allegations: first, that booster packs in the game Hearthstone constitute unfair competition or unlawful gambling; and second, that…more

Consumer Protection Laws, Gambling, Gaming, Loot Boxes, Online Gaming

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House Democrats Propose to Limit Qualified Small Business Stock Tax Exemption

On September 13, 2021, Democrats on the House Ways and Means Committee released proposed tax legislative text as part of a broader $3.5 trillion budget proposal. Among the proposals is a substantial limitation of the qualified…more

Business Taxes, Capital Gains Tax, Corporate Taxes, Income Taxes, Proposed Legislation

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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Private Equity Escapes on Motion to Dismiss but FTC Suit Against U.S. Anesthesia Partners Will Continue

The Federal Trade Commission’s suit alleging U.S. Anesthesia Partners (USAP) and Welsh Carson, a private equity fund that owns 23 percent of USAP and controls two of 14 board seats, engaged in an anticompetitive scheme to…more

Anti-Competitive, Antitrust Violations, Competition, Enforcement Actions, Federal Trade Commission (FTC)

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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European Patent Office (EPO) Upholds Foundational CRISPR Patent Owned by UC, Univ. of Vienna, and Charpentier

On February 10, 2020, the European Patent Office Opposition Division announced the results of an opposition filed against patent EP2800811, owned by the Regents of University of California, University of Vienna, and Emanuelle…more

CRISPR, EU, European Patent Convention, European Patent Office, Intellectual Property Protection

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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2020 PTAB Year in Review

The firm's post-grant practice is pleased to present its 2020 PTAB Year in Review. The publication begins with a review of 2020 petition filings at the Patent Trial and Appeal Board (PTAB) and takes a closer look at the impact…more

America Invents Act, Appeals, Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Seventh Circuit Hears Oral Argument About Mass Arbitration and Class Action Waivers

In the latest development regarding so-called mass arbitrations, the U.S. Court of Appeals for the Seventh Circuit recently heard argument in a case that any company with consumer-facing terms should be following. In Wallrich v…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Corporate Counsel

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A New Data Transfer Mechanism Is Available for EU Personal Data

New Set of SCCs for Data Transfers to Third Countries On June 4, 2021, the European Commission (EC) published its long awaited new set of Standard Contractual Clauses (New SCCs). This new data transfer mechanism allows for the…more

Corporate Counsel, Cybersecurity, Data Collection, Data Protection, EU

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FTC Final Rule Officially Broadens Health Breach Notification Rule, Targets Health and Wellness Apps

On April 26, 2024, the Federal Trade Commission (FTC) announced a Final Rule that amends the Health Breach Notification Rule (HBNR or Rule) to significantly broaden the FTC’s enforcement power in the area of digital health…more

Data Breach, Data Privacy, Data Protection, Data Security, Digital Health

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Jury Finds Gilead and Teva Did Not Engage in an Anticompetitive Pay-for-Delay Scheme for HIV Drugs

On June 30, 2023, a jury in the Northern District of California found Gilead and Teva not liable in a trial accusing the companies of engaging in an illegal reverse payment to delay generic versions of two HIV drugs, Truvada…more

Anti-Competitive, Antitrust Litigation, Antitrust Violations, Generic Drugs, HIV

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The Life Sciences Report – January 2024

This issue features articles on the firm’s Business Advisory Practice supporting Nervosave Therapeutics’ U.S. expansion; the USPTO’s forthcoming guidance on AI innovation protection; option pool sizes for life sciences…more

Artificial Intelligence, Department of Justice (DOJ), Life Sciences, Medical Devices, Medical Equipment

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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Recent $455 Million Payment Reaffirms Certainty of International Arbitral Awards

One of the most often overlooked features of arbitration in the context of international commercial disputes is the certainty provided by a final award. Recently, Dow Agrosciences paid Bayer Cropscience more than $455 million to…more

Arbitration, Arbitration Awards, Bayer, Corporate Counsel, Dow Chemical

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DOJ Antitrust Division Updates Corporate Leniency Policy

The U.S. Department of Justice, Antitrust Division's (the Division) Corporate Leniency Policy has been a central pillar of the Division's criminal cartel enforcement for nearly 30 years. Under the Corporate Leniency Policy, the…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Compliance, Corruption

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The PTAB Review - April 2024

This issue of The PTAB Review begins by summarizing a recent Patent Trial and Appeal Board (PTAB) decision strictly applying the public availability standard for prior art references as a basis for denying institution. Next, we…more

Intellectual Property Litigation, Intellectual Property Protection, Patent Applications, Patent Infringement, Patent Litigation

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FoodTech White Paper: 2020 Trends in Venture Capital Financings

The year 2020 shattered our assumptions about food. When the COVID-19 pandemic disrupted traditional supply chains and caused health crises in meatpacking plants, plant-based meat went from novelty to reality. Rapidly introduced…more

Financing, Food and Drug Administration (FDA), Food Manufacturers, Food Products ., Plant Based Products

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Focus on Fintech – Q1 2024

In this latest edition, our attorneys discuss updates and developments from federal regulators, including those related to the intersection of fintech and artificial intelligence, cryptocurrency and virtual currency updates, and…more

Artificial Intelligence, Banking Sector, Cryptocurrency, FDIC, Financial Institutions

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Thinking of Framing or Embedding Content? New York Federal Courts Question the Copyright "Server Test"

Imagine you operate a website. Another website posts an image or video that you want to discuss on your site. In most circumstances, you cannot simply copy and repost that content without obtaining a license, because someone…more

Amazon, Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Litigation

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2024 HSR Act Adjusted Filing Thresholds

On January 22, 2024, the Federal Trade Commission (FTC) released the revised Hart-Scott-Rodino (HSR) Act jurisdictional thresholds for 2024. The FTC is required by law to revise the HSR Act monetary jurisdictional thresholds…more

Acquisitions, Antitrust Provisions, Federal Trade Commission (FTC), Filing Requirements, Hart-Scott-Rodino Act

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COVID Relief Bill Contains Energy Tax Extenders

On December 21, 2020, lawmakers on Capitol Hill passed a tax extenders package as part of a larger COVID relief bill, the Consolidated Appropriations Act, 2021 (the act). President Trump is expected to sign the act into law in…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

Ninth Circuit Cuts Shareholders More Slack on Section 11 Claims

In the past several years, the number of claims filed against newly public companies under the Securities Act of 1933 has increased significantly. At the same time, the development of direct listings has given companies seeking…more

Board of Directors, Corporate Governance, Enforcement Actions, Fraud, Initial Public Offering (IPO)

See all updates »

Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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Sustainability and ESG Advisory Practice Update, June 2023

SEC Publishes Spring 2023 Regulatory Agenda - On June 13, 2023, Chair of the U.S. Securities and Exchange Commission (SEC) Gary Gensler announced the release of the SEC’s Spring 2023 Regulatory Agenda (the Regulatory Agenda),…more

Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE), Department of Labor (DOL)

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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The Life Sciences Report – January 2024

This issue features articles on the firm’s Business Advisory Practice supporting Nervosave Therapeutics’ U.S. expansion; the USPTO’s forthcoming guidance on AI innovation protection; option pool sizes for life sciences…more

Artificial Intelligence, Department of Justice (DOJ), Life Sciences, Medical Devices, Medical Equipment

See all updates »

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q3 2023

The firm is pleased to distribute the Q3 2023 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Algorithms, Artificial Intelligence, Automation Systems, Biden Administration, Copyright

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The Life Sciences Report - Summer 2019

Navigating the U.S. Healthcare Regulatory Landscape for Wearable Devices - Complex Environment Includes Key Federal Agencies FDA, FTC, OCR, CPSC, CMS, and OIG - The wearable device market is emerging as a key player in…more

Biotechnology, California Consumer Privacy Act (CCPA), Centers for Medicare & Medicaid Services (CMS), Consumer Product Safety Commission (CPSC), Federal Food Drug and Cosmetic Act (FFDCA)

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The Life Sciences Report – June 2023

This latest issue features an article on Enliven Therapeutics’ reverse merger with Imara and concurrent financing, including an interview with Enliven co-founder and CEO Sam Kintz; a piece on trends in digital health following…more

Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Digital Health, Federal Trade Commission (FTC)

See all updates »

EU Commission Breaks New Ground by Fining German Carmakers for Participation in a Cartel Restricting Technical Development

The European Commission (EC) issued a EUR 875 million (USD 1.05 billion) cartel fine against German carmakers, namely BMW, Audi, Porsche, and Volkswagen (the latter three are all part of the Volkswagen Group). Daimler was able…more

Abuse of Dominance, Antitrust Provisions, Automotive Industry, Breach of Competition Law, Cartels

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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Sustainability and ESG Advisory Practice Update, July 2023

Environmental Protection Agency (EPA) Completes the Launch of Greenhouse Gas Reduction Fund Opportunities - On July 14, 2023, the EPA announced two notice of funding opportunities for up to $20 billion. Up to $14 billion…more

China, Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE)

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New York Redefines the Permissible Scope of Invention Assignment Provisions

Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to the…more

Employee Rights, Employees, Employment Contract, Employment Policies, Intellectual Property Litigation

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Silicon Valley 150 Risk Factor Trends Report - Second Edition

The second edition of the Silicon Valley 150 Risk Factor Trends Report summarizes the risk factor disclosure practices of the Valley’s largest public companies. In August 2020, the U.S. Securities and Exchange Commission…more

Corporate Counsel, Form 10-Q, Item 105, Life Sciences, Regulation S-K

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2023 Technology and Life Sciences PIPE and RDO Report

The 2023 Technology and Life Sciences PIPE and RDO Report presents analysis related to 177 private investments in public equity (PIPEs) and registered direct offerings (RDOs) by U.S.-based technology and life sciences companies…more

Capital Markets, Fiduciary Duty, Initial Public Offering (IPO), Investors, Life Sciences

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The Life Sciences Report – January 2022

Wilson Sonsini is pleased to present the latest edition of The Life Sciences Report. This issue features an interview with Foresight Diagnostics co-founder and CEO Jake Chabon conducted by Matthew Meyer, the firm’s Chief…more

Antitrust Litigation, Antitrust Violations, Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences

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Looking Ahead to T+1 Settlement for Broker-Dealer Securities Transactions

Beginning May 28, 2024, the standard settlement cycle for most broker-dealer securities transactions will be one business day (T+1) following a trade instead of two business days (T+2), which has been the standard since 2017…more

Broker-Dealer, Compliance, Investment Adviser, Securities, Securities and Exchange Commission (SEC)

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Action Required: Share Transfers Pursuant to ISO Exercises and ESPP Purchases

Companies frequently grant tax-advantaged incentive stock options (ISOs) or sponsor a tax-advantaged employee stock purchase plan (an ESPP) to provide tax-advantaged equity incentives to employees that are U.S. taxpayers. One…more

Compensation & Benefits, Employee Benefits, Employee Stock Purchase Plans, Human Resources Professionals, Incentive Stock Options

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Duties of Disclosure and Reasonable Inquiry Before the USPTO May Include Communications with the FDA and Other Government Agencies

Spurred by President Biden's call for action to increase drug competition and a 2021 letter addressed to the U.S. Patent and Trademark Office (USPTO) by Senators Leahy and Tillis requesting the USPTO "to take action to require…more

Biden Administration, Biosimilars, Food and Drug Administration (FDA), Intellectual Property Protection, Patent Infringement

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Companies Should Review Employee Agreements Following SEC's Renewed Focus on Confidentiality Provisions That May Be Considered Impediments to Whistleblowing

From 2015 to 2017, the U.S. Securities and Exchange Commission (SEC) announced a series of settlements with employers in which the SEC adopted a strict interpretation of the whistleblower protections afforded under the…more

Confidentiality Agreements, Confidentiality Policies, Dodd-Frank, Securities and Exchange Commission (SEC), Whistleblower Protection Policies

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NIS2: Preparing for EU’s New Cybersecurity Rules

The European Union (EU) has revised its Cybersecurity Directive (NIS2). The new rules will apply to a wide range of companies in many sectors, create new cybersecurity obligations, and impose high fines for noncompliance. EU…more

Cybersecurity, Data Protection, Data Protection Officers (DPOs), Data Security, EU

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FDA Issues New Draft Guidance: New Dietary Ingredient Notifications and Related Issues

Dietary supplements are big business. A recent estimate pegs the U.S. market for dietary supplements at over $35 billion annually. The U.S. Food and Drug Administration (FDA) estimates the number of dietary supplements to be…more

Dietary Supplements, Draft Guidance, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), NDI Notification

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Podcast | Game On, AI: How Artificial Intelligence Is Revolutionizing Gaming

Host Mary O'Brien is joined by Wilson Sonsini technology transactions partner Gary Greenstein as she interviews SonyAI attorney and Wilson Sonsini alumna Tiffany Georgievski to discuss artificial intelligence (AI) and the gaming…more

Artificial Intelligence, Entertainment Industry, eSports, Games, Gaming

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Considerations for M&A Transactions Involving Fintech Companies

M&A transactions involving financial services providers—including tech-based providers or “fintechs”—raise a host of unique questions based on the types of services they provide, which are often highly regulated and may involve…more

Acquisitions, Anti-Money Laundering, Banking Sector, Banks, Cybersecurity

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SEC Adopts Final Enhanced and Standardized Climate-Related Disclosure Rules

On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) adopted final enhanced and standardized climate-related disclosure rules requiring disclosure of climate-related information in registration statements and…more

Climate Change, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Publicly-Traded Companies

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Sustainability and ESG Advisory Practice Update, April 2024

We are pleased to share the April 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental,…more

Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Popular, Securities and Exchange Commission (SEC)

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SBA Paycheck Protection Program (PPP): Paycheck Protection Program Flexibility Act (PPPFA) Significantly Overhauls Paycheck Protection Program

On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (PPPFA) was signed into law after nearly unanimous passage of the legislation by Congress. The PPPFA significantly overhauls the original PPP loan program…more

Borrowers, CARES Act, Coronavirus/COVID-19, Extensions, Loan Forgiveness

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Transcript | Antitrust Conversations: Antitrust Litigation

Hello. I'm Allison Smith. I'm an associate with Wilson Sonsini's antitrust group, and I'm joined here today by my colleague Ken O'Rourke, a partner in the antitrust group. Ken has been an antitrust litigator for about 35 years…more

Anti-Competitive, Antitrust Litigation, Antitrust Provisions, Competition, Sherman Act

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2023 Technology and Life Sciences PIPE and RDO Report

The 2023 Technology and Life Sciences PIPE and RDO Report presents analysis related to 177 private investments in public equity (PIPEs) and registered direct offerings (RDOs) by U.S.-based technology and life sciences companies…more

Capital Markets, Fiduciary Duty, Initial Public Offering (IPO), Investors, Life Sciences

See all updates »

Sustainability and ESG Advisory Practice Update, December 2023

We are pleased to share the December 2023 issue of Wilson Sonsini’s Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental,…more

Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), EU, European Commission

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Federal Circuit Reverses and Remands Alta Wind Case Holding that a Portion of the Asserted Section 1603 Basis May be Allocable to Intangibles

In a case decided on July 27, 2018, the U.S. Court of Appeals for the Federal Circuit (the Court of Appeals) reversed the Court of Federal Claims' (the Claims Court) decision in Alta Wind I Owner-Lessor C et al v. United States,…more

1603 Grants, Acquisitions, Alta Wind Energy Center, American Recovery and Reinvestment Act, Energy Sector

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

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2023 Technology and Life Sciences PIPE and RDO Report

The 2023 Technology and Life Sciences PIPE and RDO Report presents analysis related to 177 private investments in public equity (PIPEs) and registered direct offerings (RDOs) by U.S.-based technology and life sciences companies…more

Capital Markets, Fiduciary Duty, Initial Public Offering (IPO), Investors, Life Sciences

See all updates »

The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of transactions…more

Acquisitions, Anti-Competitive, Antitrust Division, Antitrust Provisions, Biden Administration

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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FTC Takes Action Against Employee Noncompete Clauses Through Rulemaking and Enforcement Actions

On January 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to propose the Noncompete Clause Rule (the rule), which would ban essentially all noncompete clauses that employers impose on their employees and other workers…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Division of Corporation Finance Publishes Guidance for China-Based Issuers

U.S. House of Representatives Passes the Holding Foreign Companies Accountable Act - On November 23, 2020, the Division of Corporation Finance published CF Disclosure Guidance: Topic No. 10, Disclosure Considerations for…more

Broker-Dealer, China, Enforcement Actions, International Trade, Investment Adviser

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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DOJ Seeks an Encore Showdown with Live Nation and Ticketmaster

DOJ's Most Recent Monopolization Case Reflects Several Agency Priorities Including Expansion of Section 2 to Respond to Headline-Grabbing Popular Demands…more

Anti-Competitive, Anti-Monopoly, Antitrust Division, Antitrust Violations, Competition

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Focus on Fintech – Q1 2024

In this latest edition, our attorneys discuss updates and developments from federal regulators, including those related to the intersection of fintech and artificial intelligence, cryptocurrency and virtual currency updates, and…more

Artificial Intelligence, Banking Sector, Cryptocurrency, FDIC, Financial Institutions

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10 Things You Should Know About the EU Artificial Intelligence Act

The Artificial Intelligence Act (AI Act) is the first comprehensive legislation that intends to regulate AI horizontally across all sectors in Europe. It will have far reaching consequences on all companies developing,…more

Algorithms, Artificial Intelligence, Cybersecurity, EU, General Data Protection Regulation (GDPR)

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FTC Loses the First Round of the Altria/JUUL Merger Litigation

The Federal Trade Commission (FTC) has lost the first round of its challenge to Altria Group, Inc.’s (Altria) $12.8 billion acquisition of a 35 percent stake in JUUL Labs, Inc. (JLI). On February 17, 2022, an agency…more

Acquisitions, Anti-Competitive, Antitrust Division, Antitrust Provisions, Corporate Counsel

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U.S. Court of Appeals for the Fourth Circuit Affirms Grant of Summary Judgment Dismissing "Per Se" Antitrust Tying Claims Against Live Nation

On February 4, 2016, the U.S. Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment dismissing "per se" antitrust tying claims brought by a local concert promoter (It's My Party, or IMP) against its larger…more

Antitrust Litigation, Corporate Counsel, Entertainment Industry, Sherman Act, Summary Judgment

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President Trump Issues Executive Order on Climate Change

On March 28, 2017, President Donald Trump issued an executive order that significantly rolls back climate change policy enacted under the Obama administration and requires review of agency actions that may negatively impact…more

Clean Power Plan, Climate Change, Energy Policy, Environmental Protection Agency (EPA), Executive Orders

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Courts Provide Guidance on the Depiction of Real-World Works Including Video Games

Many video games are marketed on the photorealism of their imagery and graphics. However, depending on the depiction, developers and publishers may need to worry about the underlying intellectual property rights in that…more

Copyright, Copyright Infringement, Gaming, Intellectual Property Protection, IP License

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The PTAB Review - November 2021

This issue of The PTAB Review begins with a brief summary of changes to America Invents Act (AIA) trials recently proposed in Congress. It then explores a recent Federal Circuit decision rejecting arguments that the Patent Trial…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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European Union Adopts Flagship Digital Services Act

On October 27, 2022, the Digital Services Act (DSA) was published in the Official Journal of the European Union, sweeping in a new era in the regulation of digital services…more

Digital Marketplace, Digital Service Providers, Digital Services, EU, European Commission

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Digital Health Report: Q1 2020

During this unprecedented time, digital health is disrupting our healthcare delivery system for the better. Digital health companies are working hard to provide innovative telehealth, digital screening, and testing services…more

Digital Health, Food and Drug Administration (FDA), Health Care Providers, Health Information Technologies, Healthcare

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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United States Imposes Export Restrictions on Beijing Genomics Institute (BGI) Group Subsidiaries over National Security Concerns

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule effective March 2, 2023, amending the Export Administration Regulations (EAR) by adding 37 entities to the Entity List, including…more

Bureau of Industry and Security (BIS), China, Entity List, Export Administration Regulations (EAR), Export Controls

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Court Ruling Supports Contractual and Statutory Enforcement of Open Source Software Licenses

Despite the prevalence of open source software and its ubiquitous use in the software industry, there has been little litigation in the United States analyzing and interpreting the terms of open source licenses. On April 25,…more

Copyright, Corporate Counsel, General Public Licenses, IP License, Motion to Dismiss

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California Considers Expanding State Antitrust Prohibitions

Big changes to California’s state antitrust law, called the Cartwright Act, may be in the works. These changes, if enacted, would represent a significant departure from current antitrust law, prohibiting otherwise lawful conduct…more

Antitrust Division, Antitrust Litigation, Antitrust Provisions, California, Cartwright Act

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Digital Health Report - Q2 2021

In this issue, we discuss U.S. Food and Drug Administration (FDA) regulation of wellness devices. We also look at good commercial contracting hygiene for digital health start-ups. Other articles include recent enforcement…more

Acquisitions, Confidentiality Agreements, Cybersecurity, Electronic Health Record Incentives, Food and Drug Administration (FDA)

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Looking Ahead to T+1 Settlement for Broker-Dealer Securities Transactions

Beginning May 28, 2024, the standard settlement cycle for most broker-dealer securities transactions will be one business day (T+1) following a trade instead of two business days (T+2), which has been the standard since 2017…more

Broker-Dealer, Compliance, Investment Adviser, Securities, Securities and Exchange Commission (SEC)

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Illumina Azidomethyl Blocker Patent Claims Invalidated in Patent Infringement Suit Against BGI Genomics

On November 30, 2021, a jury in the patent infringement suits between Illumina, Inc. and BGI Genomics Co. in the U.S. District Court for the Northern District of California returned a verdict invalidating certain patent claims…more

Intellectual Property Protection, Life Sciences, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Issues at Check Out: FTC Challenges Kroger’s Acquisition of Albertsons with Novel Theories About Labor Market Harm and Adequate Remedies

On February 26, 2024, the Federal Trade Commission (FTC), alongside Attorneys General from eight states and the District of Columbia, initiated legal action to block Kroger’s $24.6 billion acquisition of Albertsons. The…more

Acquisitions, Antitrust Division, Antitrust Litigation, Antitrust Provisions, Biden Administration

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EU's New Foreign Subsidies Regulation Adds Complexity to M&A Deals with an EU Dimension

Starting July 12, 2023, the new EU Foreign Subsidies Regulation (FSR) will give the European Commission (EC) powers to review subsidies from non-EU states to companies active in the EU. Its aim is to complement the EU’s existing…more

Antitrust Provisions, Competition, Competition Authorities, EU, European Commission

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Draft Merger Guidelines Issued: U.S. Antitrust Agencies’ Proposed Guidance Conflicts with Current Law and Seems Unlikely to Gain Wide Acceptance from Courts

The two U.S. antitrust authorities—the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the “Agencies”)—have jointly proposed new Draft Merger Guidelines to replace…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), FTC Guidelines

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EU Lawmakers Reach Political Agreement on the AI Act

On December 8, 2023, the EU finally agreed on the world’s first comprehensive legal framework on AI: the AI Act. EU lawmakers reached a political agreement on a series of controversial issues after record-long negotiations. They…more

Artificial Intelligence, Cybersecurity, Data Privacy, Data Protection, Data Security

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BIS Expands Export Controls on Advanced Computing Integrated Circuits for Supercomputer and Semiconductor End Use, and on Semiconductor Manufacturing Equipment and Related Equipment to China

On October 17, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued new controls aimed at further slowing China’s development of advanced AI technologies. These new controls, published in two…more

Bureau of Industry and Security (BIS), China, Entity List, Export Administration Regulations (EAR), Export Controls

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Electronic Gaming Podcast: Open Source Software—Cheat Codes or IP Permadeath?

Host Mary O'Brien interviews Wilson Sonsini technology transaction attorneys John McGaraghan and Andrew Poling to discuss open source software and considerations for gaming companies. Conversation Highlights: - an…more

Intellectual Property Protection, Online Gaming, Open Source Software, Software Developers, Software Patents

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The Entrepreneurs Report - Q1 2020

The COVID-19 pandemic has caused—and will continue to cause—much uncertainty in the worldwide financial markets. We expect to see substantial declines in the coming months in the number and aggregate dollar value of venture…more

Bridge Loan, Business Formation, Down Rounds, EU, Seed Financing

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Federal Trade Commission Limits Broadcom’s Exclusivity Agreements, Volume Discounting

On July 2, 2021, Broadcom agreed to settle the Federal Trade Commission's (FTC's) charges that Broadcom illegally monopolized markets for semiconductor chips through exclusive-dealing and volume-discounting practices. The…more

Ad-Hoc Mandates, Antitrust Conspiracies, Antitrust Litigation, Broadcom, Federal Trade Commission (FTC)

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In Rare Decision, Delaware Court of Chancery Imposes Liability on CEO and Acquiror Post-Trial

On March 15, 2023, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery issued a rare post-trial decision finding a CEO personally liable for millions of dollars in damages for breaching his fiduciary duties…more

Board of Directors, Breach of Duty, Corporate Counsel, Corporate Officers, Delaware General Corporation Law

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Basics of the Bayh-Dole Act: FAQs

In this Client Advisory, we answer some frequently asked questions (FAQs) about the Bayh-Dole Act or Patent and Trademark Law Amendments Act (Bayh-Dole)…more

Patents, Trademarks

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The Life Sciences Report – June 2022

Wilson Sonsini is pleased to present the latest edition of The Life Sciences Report. This issue features articles on the firm’s new Boulder office and recent Gateway to Colorado VC roadshow, a collaboration between Deloitte’s…more

FDA Approval, Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences, Patent Litigation

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Will Indemnification Commitments Address Market Demands in AI?

Lately, content owners have targeted generative AI providers with infringement suits, which has made some consumers wary of potential infringement liability. Earlier this year, Valve, which operates Steam—the largest online game…more

Artificial Intelligence, Copyright Infringement, Copyright Litigation, Entertainment Industry, Gaming

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Focus on Fintech – Q4 2023

In this issue, we discuss updates and developments from federal regulators, including those related to the intersection of fintech and artificial intelligence, crypto-asset and central bank digital currencies, and consumer…more

Artificial Intelligence, Consumer Financial Protection Bureau (CFPB), Cryptoassets, Cybersecurity, Federal Trade Commission (FTC)

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Sustainability and ESG Advisory Practice Update, July 2023

Environmental Protection Agency (EPA) Completes the Launch of Greenhouse Gas Reduction Fund Opportunities - On July 14, 2023, the EPA announced two notice of funding opportunities for up to $20 billion. Up to $14 billion…more

China, Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE)

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Sustainability and ESG Advisory Practice Update, December 2023

We are pleased to share the December 2023 issue of Wilson Sonsini’s Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental,…more

Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), EU, European Commission

See all updates »

2023 Technology and Life Sciences PIPE and RDO Report

The 2023 Technology and Life Sciences PIPE and RDO Report presents analysis related to 177 private investments in public equity (PIPEs) and registered direct offerings (RDOs) by U.S.-based technology and life sciences companies…more

Capital Markets, Fiduciary Duty, Initial Public Offering (IPO), Investors, Life Sciences

See all updates »

Off-Label Communications Back in the Spotlight at the FDA

For the first time in almost 10 years, the U.S. Food and Drug Administration (FDA) released a draft guidance related to certain communications by firms to healthcare providers (HCPs) of scientific information on unapproved…more

Food and Drug Administration (FDA), Health Care Providers, Healthcare, Life Sciences, Manufacturers

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OIG Tackles New Issues in Its General Compliance Program Guidance: What Companies Need to Know

On November 6, 2023, U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a General Compliance Program Guidance (GCPG) as part of its plan to renovate its library of compliance program…more

Compliance, Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Healthcare Facilities

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Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable, equitable,…more

Arbitration, Attorney-Client Privilege, Class Action, Cross-Border, Dispute Resolution

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CHIPS Act Funding Kicks Off: First Tranche of Funding Announced

On February 28, 2023, the National Institute of Standards and Technology’s (NIST’s) CHIPS Program Office published the first Funding Opportunity Announcement (FOA) under the CHIPS and Science Act. This initial FOA is directed…more

Federal Funding, Federal Grants, Manufacturers, Semiconductors, Technology Sector

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DOJ Sues Analytics Company for Facilitating Information Exchange

In its first enforcement action based on the exchange of competitive information since withdrawing its information sharing guidance earlier this year, the U.S. Department of Justice’s (DOJ’s) Antitrust Division filed a complaint…more

Anti-Competitive, Antitrust Division, Antitrust Provisions, Antitrust Violations, Competition

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New Pay Transparency Laws in California and New York City Impose Disclosure Obligations for Any Position That Can Be Performed in Those Locations

California and New York City are joining Colorado and Washington state in imposing pay range disclosures in job postings. On November 1, 2022, covered employers will be required to include the salary range in a job posting for…more

California, Disclosure Requirements, Employer Liability Issues, Human Resources Professionals, Job Descriptions

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Ninth Circuit’s Ruling on California’s AB 51 Creates Further Uncertainty for California Employers Using Mandatory Employment Arbitration Agreements

A recent federal appellate court ruling has once again introduced uncertainty for California employers as to whether they may require mandatory arbitration of employment disputes. In 2019, California passed Assembly Bill 51 (AB…more

Arbitration Agreements, California, Employer Liability Issues, State Labor Laws, Wage and Hour

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2023 Mid-Year Technology and Life Sciences PIPE and RDO Report

Wilson Sonsini Goodrich & Rosati’s 2023 Mid-Year Technology and Life Sciences PIPE and RDO Report presents analysis related to 87 private investments in public equity (PIPEs) and registered direct offerings (RDOs) by U.S.-based…more

Business Development, Investment, Life Sciences, Private Equity, Private Equity Funds

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Sustainability and ESG Advisory Practice Update, June 2023

SEC Publishes Spring 2023 Regulatory Agenda - On June 13, 2023, Chair of the U.S. Securities and Exchange Commission (SEC) Gary Gensler announced the release of the SEC’s Spring 2023 Regulatory Agenda (the Regulatory Agenda),…more

Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE), Department of Labor (DOL)

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Despite Easy Confirmation, Difficult Issues Lie Ahead for New FDA Commissioner Stephen Hahn

After being confirmed by the Senate in a 72-18 vote on December 12, 2019, the new Commissioner of the Food and Drug Administration (FDA) Dr. Stephen Hahn will be facing a number of critical issues on the immediate horizon when…more

Cannabidiol (CBD) oil, FDA Commissioner, Food and Drug Administration (FDA), Food Safety, Prescription Drugs

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The PTAB Review - September 2023

In this edition, we begin with a discussion of recent trends in sanctions practice at the Patent Trial and Appeal Board (PTAB). Next, we summarize several recent Federal Circuit decisions addressing various aspects of PTAB…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

See all updates »

2023 Technology and Life Sciences PIPE and RDO Report

The 2023 Technology and Life Sciences PIPE and RDO Report presents analysis related to 177 private investments in public equity (PIPEs) and registered direct offerings (RDOs) by U.S.-based technology and life sciences companies…more

Capital Markets, Fiduciary Duty, Initial Public Offering (IPO), Investors, Life Sciences

See all updates »

The PTAB Review - April 2024

This issue of The PTAB Review begins by summarizing a recent Patent Trial and Appeal Board (PTAB) decision strictly applying the public availability standard for prior art references as a basis for denying institution. Next, we…more

Intellectual Property Litigation, Intellectual Property Protection, Patent Applications, Patent Infringement, Patent Litigation

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Upcoming FRE 702 Amendment Reemphasizes the Admissibility Bar for Expert Testimony and Courts’ Gatekeeping Role

On December 1, 2023, the Federal Rules of Evidence (FRE) 702 will undergo several changes designed to reinforce federal judges’ role as gatekeepers for admitting expert testimony. The changes reinforce the preponderance of…more

Defense Strategies, Expert Testimony, Expert Witness, Judges, Juror

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Antitrust: Into the Metaverse

Are antitrust concerns a built-in feature of the Metaverse? In two popular science-fiction novels, Neal Stephenson's Snow Crash and Ernest Cline's Ready Player One, the Metaverse is run by single companies, or "monopolists," as…more

Antitrust Division, Antitrust Provisions, EU, Investors, Metaverse

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Focus on Fintech – Q4 2022

In this latest issue of Wilson Sonsini's Focus on Fintech newsletter, we discuss the FTX bankruptcy and the increased federal regulatory scrutiny of crypto assets, and new rules and innovations in the payments industry—focusing…more

Banking Sector, Banks, Central Bank Digital Currency (CBDCs), Consumer Financial Protection Bureau (CFPB), Cryptocurrency

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DOJ and FTC “Signal” That Companies Cannot “Slack” on Preserving Ephemeral Messages

On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals that…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

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Federal Reserve Announces Details of Main Street Lending Program

On April 30, 2020, the Federal Reserve announced details of its $600 billion Main Street Lending Program established under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The purpose of the Main Street…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Financial Stimulus, Relief Measures

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USPTO Proposes New Requirement for Terminal Disclaimers That Amounts to a Significant Change from Current Practice

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking to add a new requirement for terminal disclaimers filed to obviate nonstatutory double patenting rejections to the…more

Double Patent, Obviousness, Patent Litigation, Patents, Proposed Rules

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Digital Health Report - Q4 2020

In this issue, we discuss how real-world evidence can be an important component of satisfying drug approval and post-approval study requirements and also, can provide other tangible advantages to drug sponsors. We also look at…more

Bayh-Dole Act, Clinical Trials, Coronavirus/COVID-19, Drug Approvals, Food and Drug Administration (FDA)

See all updates »

The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of transactions…more

Acquisitions, Anti-Competitive, Antitrust Division, Antitrust Provisions, Biden Administration

See all updates »

Sustainability and ESG Advisory Practice Update, July 2023

Environmental Protection Agency (EPA) Completes the Launch of Greenhouse Gas Reduction Fund Opportunities - On July 14, 2023, the EPA announced two notice of funding opportunities for up to $20 billion. Up to $14 billion…more

China, Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE)

See all updates »

Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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FTC and DOJ Propose Radical Reforms to HSR Filings: Changes Would Impose Considerably Greater Burden on Merging Parties

On June 27, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly announced a proposed overhaul of the Hart-Scott-Rodino (HSR) Act filing requirements. The proposed changes, detailed in a formal…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Requirements

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Delaware Court of Chancery Addresses Validity of Stockholder Agreement-Based Restrictions over Corporate Governance Matters

On February 23, 2024, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued a decision concluding that some provisions of a stockholder agreement purporting to give a large stockholder various governance…more

Board of Directors, Corporate Governance, Corporations Code, Delaware, Delaware General Corporation Law

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New Pay Transparency Laws in California and New York City Impose Disclosure Obligations for Any Position That Can Be Performed in Those Locations

California and New York City are joining Colorado and Washington state in imposing pay range disclosures in job postings. On November 1, 2022, covered employers will be required to include the salary range in a job posting for…more

California, Disclosure Requirements, Employer Liability Issues, Human Resources Professionals, Job Descriptions

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The Use of Artificial Intelligence by Investment Advisers: Considerations Based on an Adviser’s Fiduciary Duties

Artificial intelligence (AI) is an increasingly important technology within the investment management industry. AI has been used in a variety of ways—including as the newest strategy for attempts to "beat the market" by…more

Artificial Intelligence, Data Collection, Data Privacy, Investment Adviser, Popular

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

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Delaware Court of Chancery Issues Post-Trial Decision in Trados

On August 16, 2013, the Delaware Court of Chancery issued a much-anticipated post-trial decision in In Re Trados Incorporated Shareholder Litigation, holding that the sale of Trados to SDL was entirely fair to the Trados common…more

Fiduciary Duty

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The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection…more

Anti-Spam Legislation, Barack Obama, Board of Directors, Canada, COPPA

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Compliance Reminder: SEC Disclosure Considerations Arising from Russia's Invasion of Ukraine

Many public companies are beginning preparations for filing quarterly reports on Form 10-Q for the second quarter of calendar 2022. As they do so, they should review and consider the U.S. Securities and Exchange Commission…more

Corporate Counsel, Disclosure Requirements, Financial Statements, National Security, Publicly-Traded Companies

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A Much-Needed Makeover: Congress Signs Updates to Cosmetic Regulations

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA), signed into law on December 29, 2022, as part of the year-end Consolidated Appropriations Act, 2023, added significant new requirements for manufacturers, packers,…more

Cosmetics, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health and Safety, Manufacturers

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

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Recent Delaware Law Developments and Proposed Legislative Responses

The last several months have marked an extremely busy time in Delaware corporate law, with regard to decisions out of the Delaware courts, proposed legislative responses, and shifting market practices. In recent weeks in…more

Acquisitions, Board of Directors, Corporate Officers, DE Supreme Court, Delaware General Corporation Law

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AI in the Biden Administration’s Crosshairs—Summarizing the Sweeping New Executive Order and Ten Top Takeaways

On October 30, 2023, President Biden announced a sweeping new Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO). The EO signals an “all-hands-on-deck” approach, with roles…more

Algorithms, Artificial Intelligence, Biden Administration, Corporate Counsel, Executive Orders

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SCOTUS: Human Genes Cannot Be Patented. Is This the End or Beginning of Genetic Research?

For a Legal Perspective on today's much-anticipated U.S. Supreme Court "Myriad" decision that naturally occuring substances are not patentable, we turned to IP attorneys writing on JD Supra..…more

AMP v Myriad, Biotechnology, DNA, Healthcare, Human Genes

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Coronavirus Update: Frequent Questions We Are Receiving

The novel coronavirus (COVID-19) is affecting all aspects of our clients' businesses, not to mention their personal lives. We are fielding numerous legal and practical questions in many different substantive areas and will…more

Acquisitions, Annual Meeting, Board of Directors, Capital Raising, Compensation

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State Social Media Law Patchwork Emerging: Florida Passes Law to Restrict Minors’ Use of Online Services

On March 25, 2024, Governor Ron DeSantis signed Florida’s HB 3. The law requires that social media platforms prohibit users under 14 years old from creating accounts and requires these platforms to obtain parental consent for…more

Florida, Governor DeSantis, Minor Children, New Legislation, Online Platforms

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The Life Sciences Report – June 2023

This latest issue features an article on Enliven Therapeutics’ reverse merger with Imara and concurrent financing, including an interview with Enliven co-founder and CEO Sam Kintz; a piece on trends in digital health following…more

Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Digital Health, Federal Trade Commission (FTC)

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EU AI Act Is Now Adopted

On May 21, 2024, the Council of the European Union (the Council) formally signed off on the latest draft of the European Union’s (EU) Artificial Intelligence Act (AI Act) (see the press release here). This marks the final seal…more

Artificial Intelligence, Corporate Counsel, EU, European Commission, Information Governance

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Federal Circuit Holds Claims to Cell Freezing Methods to Be Patent-Eligible

On July 5, 2016, the Federal Circuit held that claims reciting methods for cryopreserving hepatocytes in U.S. Patent No. 7,604,929 ("the '929 patent") are eligible for patenting. The decision vacated a lower court's holding that…more

Biotechnology, Claim Construction, Multi-Factor Test, Patent Litigation, Patent-Eligible Subject Matter

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California Courts Rule Federal Forum Selection Provisions in Chartering Documents Enforceable

In March, the Delaware Supreme Court held in Salzberg v. Sciabacucchi, 227 A.3d 102 (Del. 2020) that "Federal Forum Selection Provisions," corporate bylaw or charter provisions that require claims under the Securities Act of…more

Enforcement Actions, Securities Act of 1933, Securities and Exchange Commission (SEC), Securities Exchange Act

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New Year, New Laws, New Obligations: The Corporate Transparency Act's Beneficial Ownership Information Reporting Requirements

We are officially in the first week of 2024 and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network’s (FinCEN’s) regulations on Beneficial Ownership Information Reporting Requirements (BOI Reporting…more

Anti-Corruption, Beneficial Owner, Corporate Transparency Act, Financial Crimes, Financial Regulatory Reform

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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FTC Sues Amazon for Illegally Maintaining Monopoly Power

On September 26, 2023, the Federal Trade Commission (FTC) and 17 state attorneys general filed a complaint in the U.S. District Court for the Western District of Washington against Amazon.com, Inc. under Section 5 of the FTC Act…more

Amazon, Anticompetitive Behavior, Antitrust Investigations, Antitrust Litigation, Antitrust Violations

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Federal Trade Commission Limits Broadcom’s Exclusivity Agreements, Volume Discounting

On July 2, 2021, Broadcom agreed to settle the Federal Trade Commission's (FTC's) charges that Broadcom illegally monopolized markets for semiconductor chips through exclusive-dealing and volume-discounting practices. The…more

Ad-Hoc Mandates, Antitrust Conspiracies, Antitrust Litigation, Broadcom, Federal Trade Commission (FTC)

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BIS Expands Export Controls on Advanced Computing Integrated Circuits for Supercomputer and Semiconductor End Use, and on Semiconductor Manufacturing Equipment and Related Equipment to China

On October 17, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued new controls aimed at further slowing China’s development of advanced AI technologies. These new controls, published in two…more

Bureau of Industry and Security (BIS), China, Entity List, Export Administration Regulations (EAR), Export Controls

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Ninth Circuit Overturns Altera and Revives Regulations on Cost Sharing of Stock-Based Compensation

On July 24, 2018, the U.S. Court of Appeals for the Ninth Circuit, in a 2-to-1 opinion, ruled in Altera Corp. v. Commissioner that Treasury Regulations involving transfer pricing promulgated in 2003 (the Regulations) complied…more

Administrative Procedure Act, Appeals, Chevron Deference, Cost-Sharing, Employee Stock Purchase Plans

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FTC Final Rule Officially Broadens Health Breach Notification Rule, Targets Health and Wellness Apps

On April 26, 2024, the Federal Trade Commission (FTC) announced a Final Rule that amends the Health Breach Notification Rule (HBNR or Rule) to significantly broaden the FTC’s enforcement power in the area of digital health…more

Data Breach, Data Privacy, Data Protection, Data Security, Digital Health

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DOJ and FTC “Signal” That Companies Cannot “Slack” on Preserving Ephemeral Messages

On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals that…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

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Video Game NFTs: Top Legal Considerations for Developers

The qualities of non-fungible tokens (NFTs), including digital scarcity, immutable persistence, and transferability on a blockchain, make NFTs an attractive technology to integrate into video games. NFTs have been implemented…more

Bitcoin, Blockchain, Cryptocurrency, Digital Assets, Digital Currency

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Treasury and IRS Release Proposed Regulations Regarding the Prevailing Wage and Apprenticeship Requirements

On August 29, 2023, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) released a notice of proposed rulemaking and accompanying frequently asked questions (Proposed Regulations) regarding the…more

Apprenticeships, Energy Projects, Energy Sector, Inflation Reduction Act (IRA), Investment Tax Credits

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Treasury and the IRS Issue Proposed Regulations Regarding the Stock Buyback Excise Tax

On April 9, 2024, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued long-awaited proposed regulations under Section 45011 relating to the one percent stock buyback excise tax. This…more

Corporate Taxes, Domestic Corporations, Excise Tax, Foreign Corporations, Inflation Reduction Act (IRA)

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Draft Merger Guidelines Issued: U.S. Antitrust Agencies’ Proposed Guidance Conflicts with Current Law and Seems Unlikely to Gain Wide Acceptance from Courts

The two U.S. antitrust authorities—the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the “Agencies”)—have jointly proposed new Draft Merger Guidelines to replace…more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), FTC Guidelines

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Swords and Shields: Forging Strong Attorney-Client Relationships

Host Mary O'Brien is joined by Wilson Sonsini corporate partner Craig Sherman as she interviews Bungie General Counsel Don McGowan to discuss forging strong attorney-client relationships. Conversation Highlights: Don McGowan's…more

Attorney-Client Privilege, Client Services, Confidential Communications, Corporate Counsel, Entertainment Industry

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Electronic Gaming Podcast | The Wild West of Gaming NFTs - Adam Shevell

Join Wilson Sonsini Partner Adam Shevell as he takes us through the wild, wild west of the NFT world. Adam's passion for video games has been prevalent throughout his life and that passion carries over into his career today…more

Blockchain, Digital Assets, Distributed Ledger Technology (DLT), Gaming, Non-Fungible Tokens (NFTs)

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Major Change to European Patent System in 2023 to Impact Patent Owners' Portfolios

A major change to the European patent system is expected in 2023. Currently, patent owners: 1) validate European patents in individual States, 2) pay renewal fees, and 3) enforce the patent independently in each individual State…more

EU, European Patent Convention, European Patent Office, Intellectual Property Protection, Member State

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European Antitrust Bimonthly Bulletin – March/April 2024

The “European Antitrust Bimonthly Bulletin” breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways, divided into thematic sections focusing on i) mergers, ii)…more

Acquisitions, Antitrust Provisions, Cartels, Competition, Competition Authorities

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FTC Disputes Patent Listings of 10 Brand Drug Makers as Improperly Listed in FDA’s Orange Book

On November 7, 2023, the Federal Trade Commission (FTC) sent notice letters1 to 10 brand drug manufacturers of drug-device combination products, including drugs delivered by asthma inhalers, epinephrine autoinjectors, and…more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), FTC Act, Hatch-Waxman, Orange Book

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COVID-19 Update: Summary of Emergency Order Issued by Massachusetts Governor Charlie Baker

Effective Tuesday, March 24, 2020,, at 12:00 PM, until Tuesday, April 7, 2020, at 12:00 PM, Governor Charlie Baker has issued an emergency Order requiring all businesses and organizations that do not provide "COVID-19 Essential…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Baker, Operators of Essential Services

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

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FTC Proposes Significant Changes to COPPA Rule

On December 20, 2023, the Federal Trade Commission (FTC) announced proposed changes to the Children’s Online Privacy Protection Rule (COPPA Rule) that would place significant new restrictions on companies that collect personal…more

COPPA, Data Collection, Data Privacy, Data Protection, Federal Trade Commission (FTC)

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[Ongoing Program] 2023 Medical Device Digital Health Conference - June 16th, San Francisco, CA

Wilson Sonsini’s 30th Annual Medical Device Digital Health Conference will address topics of critical importance to medical device and digital health companies today, including key healthcare regulatory considerations, the…more

Acquisitions, Angel Investors, Artificial Intelligence, Business Development, Business Opportunities

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

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2023 Technology and Life Sciences PIPE and RDO Report

The 2023 Technology and Life Sciences PIPE and RDO Report presents analysis related to 177 private investments in public equity (PIPEs) and registered direct offerings (RDOs) by U.S.-based technology and life sciences companies…more

Capital Markets, Fiduciary Duty, Initial Public Offering (IPO), Investors, Life Sciences

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[Ongoing Program] 2023 Medical Device Digital Health Conference - June 16th, San Francisco, CA

Wilson Sonsini’s 30th Annual Medical Device Digital Health Conference will address topics of critical importance to medical device and digital health companies today, including key healthcare regulatory considerations, the…more

Acquisitions, Angel Investors, Artificial Intelligence, Business Development, Business Opportunities

See all updates »

Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

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Ninth Circuit Cuts Shareholders More Slack on Section 11 Claims

In the past several years, the number of claims filed against newly public companies under the Securities Act of 1933 has increased significantly. At the same time, the development of direct listings has given companies seeking…more

Board of Directors, Corporate Governance, Enforcement Actions, Fraud, Initial Public Offering (IPO)

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Transcript | Antitrust Conversations: Antitrust Litigation

Hello. I'm Allison Smith. I'm an associate with Wilson Sonsini's antitrust group, and I'm joined here today by my colleague Ken O'Rourke, a partner in the antitrust group. Ken has been an antitrust litigator for about 35 years…more

Anti-Competitive, Antitrust Litigation, Antitrust Provisions, Competition, Sherman Act

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Duties of Disclosure and Reasonable Inquiry Before the USPTO May Include Communications with the FDA and Other Government Agencies

Spurred by President Biden's call for action to increase drug competition and a 2021 letter addressed to the U.S. Patent and Trademark Office (USPTO) by Senators Leahy and Tillis requesting the USPTO "to take action to require…more

Biden Administration, Biosimilars, Food and Drug Administration (FDA), Intellectual Property Protection, Patent Infringement

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December 2021 Diversity Newsletter

Wilson Sonsini is pleased to present the December 2021 edition of the Diversity Newsletter, which includes a recap of our Diversity Summit; feature articles on D.C.-based associate Nikki Smith and Senior Community Affairs…more

Board of Directors, Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Gender Discrimination

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SEC Announces Enforcement Action Relating to Proposed De-SPAC Transaction

On July 13, 2021, the U.S. Securities and Exchange Commission (SEC) announced a settlement with special purpose acquisition company (SPAC) Stable Road Acquisition Corp. (SRAC), its CEO, its sponsor, SRC-NI, and SRAC's proposed…more

Due Diligence, Enforcement Actions, Penalties, Securities Act of 1933, Securities and Exchange Commission (SEC)

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DOJ and FTC “Signal” That Companies Cannot “Slack” on Preserving Ephemeral Messages

On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals that…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

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FDA Issues Draft Guidance Related to Marketing Submissions for AI/ML-Enabled DSFs, and Final Guidance Describing the FDA's Adoption of Section 524B "Ensuring Cybersecurity of Devices"

The U.S. Food and Drug Administration (FDA) is continuing its effort to provide industries with updated guidance for digital health technologies. On April 3, 2023, the FDA released draft guidance titled “Marketing Submission…more

Digital Health, Food and Drug Administration (FDA), Health Care Providers, Health Information Technologies, Life Sciences

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Santa Clara County Requires Employers to Ascertain Employees' Vaccination Status and Imposes Other Requirements to Prepare for Employees' Return to the Workplace

On May 18, 2021, Santa Clara County's Public Health Department issued a new order focused on safety measures designed to reduce the spread of COVID-19. The order became effective May 19, 2021, when the county entered the Yellow…more

Business Continuity Plans, California, Coronavirus/COVID-19, Employer Liability Issues, Health and Safety

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[Ongoing Program] 2023 Medical Device Digital Health Conference - June 16th, San Francisco, CA

Wilson Sonsini’s 30th Annual Medical Device Digital Health Conference will address topics of critical importance to medical device and digital health companies today, including key healthcare regulatory considerations, the…more

Acquisitions, Angel Investors, Artificial Intelligence, Business Development, Business Opportunities

See all updates »

The Life Sciences Report - Winter 2021

The firm is pleased to present the latest edition of The Life Sciences Report. This issue features a sampling of recent COVID-19-related client activity in which the firm has been involved, an article on life sciences venture…more

Best Practices, Coronavirus/COVID-19, Food and Drug Administration (FDA), Health and Safety, Infectious Diseases

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Department of Justice's Antitrust Division Brings First E-Commerce Prosecution

Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has entered…more

Algorithms, Amazon, Antitrust Litigation, Department of Justice (DOJ), E-Commerce

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

See all updates »

Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

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Ninth Circuit Limits Ability of Indirect Purchaser Classes to Bring Nationwide Suits

The Ninth Circuit has held that a putative class of nationwide consumers that brought damages claims under California law was erroneously certified. Until now, class actions asserting claims for plaintiffs across the country…more

Anti-Competitive, Apple, Cartwright Act, Cell Phones, Damages

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The Entrepreneurs Report - Full-Year 2019

A Founder's Guide to Y Combinator's Post–Money Safes - In late 2018, Y Combinator released new forms of Simple Agreements for Future Equity (Safes) that were significantly different from the initial forms created in 2013…more

Bridge Loan, Business Formation, Capital Formation, Entrepreneurs, Equity Financing

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Delaware's Status as the Favored Corporate Home: Reflections and Considerations

In recent months, a conversation has emerged as to whether Delaware should remain the favored state of incorporation for business entities. Indeed, many of our clients have asked us whether they should remain in Delaware or…more

Board of Directors, California, Corporate Governance, Corporate Officers, Delaware

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Fintech in Brief: Trends to Watch in 2024

Where will the fintech industry head in 2024? Our fintech and financial services partners make a few predictions below…more

Artificial Intelligence, Banking Sector, CFTC, Cryptoassets, Cryptocurrency

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N.Y. District Court Rules on Depictions of Products and Works in Video Games

Recently, the United States District Court of the Southern District of New York issued rulings regarding the depiction of "real world" content in digital environments. In both instances the cases were decided in favor of the…more

Athletes, Basketball, Copyright, Fair Use, NBA

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COVID-19 and Force Majeure Clauses

Impact of COVID-19 on Existing Contracts: Is Performance Still Required? The spread of COVID-19 has plunged the country into a period of dramatic uncertainty. The uncertainty that many have seen in everyday life also extends…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards

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SEC Adopts Cybersecurity Disclosure Rules for Public Companies

On July 26, 2023, the U.S. Securities and Exchange Commission (SEC) approved final rules requiring that public companies report material cybersecurity incidents as well as disclose their cybersecurity risk management, strategy,…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Disclosure Requirements

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Preparing for the 2023 Proxy Season

As we enter the 2023 proxy season, there are a number of new regulatory requirements, both technical and substantive, that have been implemented, and many more on the horizon. For example, many companies will need to comply with…more

Board of Directors, Corporate Governance, Environmental Social & Governance (ESG), Glass Lewis, Institutional Shareholder Services (ISS)

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Viatris Receives FDA Approval for First Interchangeable Biosimilar

On July 28, 2021, the U.S. Food and Drug Administration (FDA) announced a landmark approval of Viatris Inc.’s Semglee® as the first interchangeable biosimilar product. Semglee® (insulin glargine-yfgn), indicated to control high…more

Affordable Care Act, Biosimilars, Food and Drug Administration (FDA), Pharmaceutical Industry, Prescription Drugs

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

See all updates »

SEC Announces Enforcement Action Relating to Proposed De-SPAC Transaction

On July 13, 2021, the U.S. Securities and Exchange Commission (SEC) announced a settlement with special purpose acquisition company (SPAC) Stable Road Acquisition Corp. (SRAC), its CEO, its sponsor, SRC-NI, and SRAC's proposed…more

Due Diligence, Enforcement Actions, Penalties, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Potential Ramifications of a Government Shutdown for the SEC

If U.S. congressional leaders are unable to resolve the current federal budget standoff, it is expected that much of the federal government, including the U.S. Securities and Exchange Commission (SEC), would shut down soon after…more

Division of Corporate Finance, EDGAR, Federal Funding, Government Shutdown, Publicly-Traded Companies

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Sustainability and ESG Advisory Practice Update, July 2023

Environmental Protection Agency (EPA) Completes the Launch of Greenhouse Gas Reduction Fund Opportunities - On July 14, 2023, the EPA announced two notice of funding opportunities for up to $20 billion. Up to $14 billion…more

China, Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE)

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The Life Sciences Report – January 2024

This issue features articles on the firm’s Business Advisory Practice supporting Nervosave Therapeutics’ U.S. expansion; the USPTO’s forthcoming guidance on AI innovation protection; option pool sizes for life sciences…more

Artificial Intelligence, Department of Justice (DOJ), Life Sciences, Medical Devices, Medical Equipment

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FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether an…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable, equitable,…more

Arbitration, Attorney-Client Privilege, Class Action, Cross-Border, Dispute Resolution

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Digital Health Report - Winter 2018

Machine Learning and Digital Health Applications - The use of artificial intelligence (AI) algorithms to solve complex problems has risen dramatically in the last several years. In 2017, Gartner identified more than 1,000…more

Digital Health, Health Care Providers, Innovative Technology, Life Sciences, Mayo v. Prometheus

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Treasury and the IRS Issue Proposed Regulations Regarding the Stock Buyback Excise Tax

On April 9, 2024, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued long-awaited proposed regulations under Section 45011 relating to the one percent stock buyback excise tax. This…more

Corporate Taxes, Domestic Corporations, Excise Tax, Foreign Corporations, Inflation Reduction Act (IRA)

See all updates »

California Extends Prohibition on Noncompete Agreements

California law famously bans employee noncompetition agreements, under a statute enacted in 1872. As of January 1, 2024, new amendments to this age-old statute provide clarity about what is—and is not—enforceable…more

California, Contract Terms, Employer Liability Issues, Employment Contract, Hiring & Firing

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Fifth Circuit Affirms Dismissal of Stockholder Complaint as Derivative Following Merger

On August 12, 2013, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a lawsuit contending that alleged controlling stockholders of Ascension Orthopedics, Inc. had expropriated voting and economic control…more

Derivative Suit, Dismissals, Mergers, Shareholder Litigation

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Revenue Purchase or Predatory Loan? New York Attorney General Targets Merchant Cash Advance Providers

On March 5, 2024, the New York Attorney General (AG) Letitia James sued Yellowstone Capital LLC (Yellowstone) and various affiliates, accusing them of running a predatory lending operation by disguising the loans as purchases of…more

Banking Sector, Borrowers, Financial Institutions, Financial Services Industry, Financing

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Federal Circuit Affirms Jazz Pharmaceutical's Risk Evaluation and Mitigation Strategy Patent Is Not Listable in Orange Book

On February 24, 2023, the Federal Circuit held that Jazz Pharmaceuticals, Inc. (Jazz) must delist U.S. Patent No. 8,731,963 (the ’963 Patent) from the U.S. Food and Drug Administration’s (FDA’s) “Orange Book” because the claims…more

FDA Approval, Food and Drug Administration (FDA), Life Sciences, Patent Litigation, Patents

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EDPB Issues Guidelines on Social Media Targeting Under GDPR

On Monday September 7, 2020, the European Data Protection Board (EDPB) issued draft Guidelines 8/2020 on the targeting of social media users (the "Draft Guidelines"). The Draft Guidelines have far-reaching implications for…more

Cybersecurity, Data Protection, EU, EU-US Privacy Shield, European Data Protection Board (EDPB)

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Y Combinator Releases New "Post-Money" Forms of Safes

In late September 2018, Y Combinator released new forms of Simple Agreements for Future Equity (“Safes”) containing significant changes to the original forms released in late 2013. In its issuing release, Y Combinator cited a…more

Capital Raising, Corporate Financing, Corporate Issuers, Entrepreneurs, Equity Financing

See all updates »

2023 Technology and Life Sciences PIPE and RDO Report

The 2023 Technology and Life Sciences PIPE and RDO Report presents analysis related to 177 private investments in public equity (PIPEs) and registered direct offerings (RDOs) by U.S.-based technology and life sciences companies…more

Capital Markets, Fiduciary Duty, Initial Public Offering (IPO), Investors, Life Sciences

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China Proposes Legislative Overhaul of Foreign Investment Regime

On January 19, 2015, the Ministry of Commerce (MOFCOM) of the People's Republic of China (PRC) published a draft bill of the Foreign Investment Law for public comment (the Draft FIL), revealing an upcoming overhaul of the…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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FTC Sues Amazon for Illegally Maintaining Monopoly Power

On September 26, 2023, the Federal Trade Commission (FTC) and 17 state attorneys general filed a complaint in the U.S. District Court for the Western District of Washington against Amazon.com, Inc. under Section 5 of the FTC Act…more

Amazon, Anticompetitive Behavior, Antitrust Investigations, Antitrust Litigation, Antitrust Violations

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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Increased Scrutiny in the U.S. and the UK on the Financial Activity of Russian Oligarchs

As the war in Ukraine rages on, recent advisories from financial crime agencies in the United States and the United Kingdom indicate heightened scrutiny on financial activity of Russian individuals and entities, including…more

Economic Sanctions, Financial Institutions, Financial Services Industry, Financial Stimulus, Foreign Investment

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10 Things You Should Know About the EU Artificial Intelligence Act

The Artificial Intelligence Act (AI Act) is the first comprehensive legislation that intends to regulate AI horizontally across all sectors in Europe. It will have far reaching consequences on all companies developing,…more

Algorithms, Artificial Intelligence, Cybersecurity, EU, General Data Protection Regulation (GDPR)

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NIS2: Preparing for EU’s New Cybersecurity Rules

The European Union (EU) has revised its Cybersecurity Directive (NIS2). The new rules will apply to a wide range of companies in many sectors, create new cybersecurity obligations, and impose high fines for noncompliance. EU…more

Cybersecurity, Data Protection, Data Protection Officers (DPOs), Data Security, EU

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Glass Lewis and ISS Issue 2023 Updates

On November 17, 2022, Glass Lewis released its 2023 U.S. Policy Guidelines (U.S. Guidelines) and its 2023 ESG Initiatives Policy Guidelines (ESG Guidelines), effective for shareholder meetings on or after January 1, 2023. On…more

Board of Directors, Climate Change, Corporate Governance, Diversity, Environmental Social & Governance (ESG)

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Newly Amended Chinese Implementing Rules for Patent Law and Guidelines for Patent Examination Bring Significant Changes to Patenting Strategy in China

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines for Patent Examination (Guidelines) were…more

China, Cross-Border, Foreign Patent Applications, Intellectual Property Protection, Patent Filings

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SEC Adopts Final Pay-for-Performance Rules

On August 25, 2022, the U.S. Securities and Exchange Commission (SEC) approved final rules on the correlation between executive pay and company performance (pay-for-performance). As discussed in our previous client alert,…more

Disclosure Requirements, Dodd-Frank, Executive Compensation, New Rules, Pay-for-Performance

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Judge Dismisses Facebook Web-Tracking MDL

In November 2017, Judge Edward J. Davila dismissed a major multidistrict litigation accusing Facebook of unlawfully tracking users’ browsing activity across websites while they were signed out of their accounts. The plaintiffs…more

Breach of Contract, Dismissals, Facebook, Multidistrict Litigation, Terms of Use

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USPTO Proposes New Requirement for Terminal Disclaimers That Amounts to a Significant Change from Current Practice

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking to add a new requirement for terminal disclaimers filed to obviate nonstatutory double patenting rejections to the…more

Double Patent, Obviousness, Patent Litigation, Patents, Proposed Rules

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New Pay Transparency Laws in California and New York City Impose Disclosure Obligations for Any Position That Can Be Performed in Those Locations

California and New York City are joining Colorado and Washington state in imposing pay range disclosures in job postings. On November 1, 2022, covered employers will be required to include the salary range in a job posting for…more

California, Disclosure Requirements, Employer Liability Issues, Human Resources Professionals, Job Descriptions

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Sustainability and ESG Advisory Practice Update, October 2023

We are pleased to share the October 2023 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental,…more

California, Corporate Governance, Corporate Social Responsibility, Disclosure, Diversity

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FTC Alleges Amazon Prime Subscription and Cancellation Screens Violate Federal Law

The recent suit filed by the Federal Trade Commission (FTC) represents the latest guidance in the rapidly evolving patchwork of federal and state laws that govern online subscription models. Any company offering subscription…more

Amazon, Amazon Marketplace, Cancellation Rights, Federal Trade Commission (FTC), Online Contracts

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Federal Circuit Reminds Plaintiffs to Specify Their Trade Secrets

One of the most common forms of business agreements that our clients enter into is the non-disclosure agreement (NDA). Whether to explore a potential partnership between two companies, to consider a proposed merger or…more

Confidential Information, Confidentiality Agreements, Corporate Counsel, Defend Trade Secrets Act (DTSA), Intellectual Property Protection

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FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether an…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Dog Toys, Whiskey, and the First Amendment: The U.S. Supreme Court Decides Jack Daniel's v. VIP Products

On June 8, 2023, the U.S. Supreme Court decided Jack Daniel’s v. VIP Products, a case “about dog toys and whiskey”—items that, as Justice Elena Kagan wrote for the Court, “seldom appear[] in the same sentence.” Whiskey-maker…more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act, Likelihood of Confusion

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Patent Trial and Appeal Board Issues Decision on CRISPR Patent Priority Dispute

On September 10, 2020, the Patent Trial and Appeal Board (PTAB) decided key motions in Interference No. 106,115, University of California v. Broad Institute. The interference involves 10 patent applications of the University of…more

Appeals, Patent Litigation, Patent Trial and Appeal Board, Patents, University of California

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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USPTO Proposes New Requirement for Terminal Disclaimers That Amounts to a Significant Change from Current Practice

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking to add a new requirement for terminal disclaimers filed to obviate nonstatutory double patenting rejections to the…more

Double Patent, Obviousness, Patent Litigation, Patents, Proposed Rules

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FDA Issues Guidance on Importing Drugs from Canada

On May 25, 2022, the U.S. Food and Drug Administration (FDA) issued a guidance document intended to help pharmacists and wholesale drug distributors understand and comply with its final rule regarding the import of certain…more

Canada, Food and Drug Administration (FDA), Generic Drugs, Life Sciences, Pharmaceutical Industry

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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FTC Sues NVIDIA to Block ARM Acquisition

On December 2, 2021, the Federal Trade Commission (FTC) filed an administrative complaint against the chip supplier NVIDIA challenging its acquisition of its chip design provider, and leading open-licensing powerhouse, ARM. The…more

Acquisitions, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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California Considers Expanding State Antitrust Prohibitions

Big changes to California’s state antitrust law, called the Cartwright Act, may be in the works. These changes, if enacted, would represent a significant departure from current antitrust law, prohibiting otherwise lawful conduct…more

Antitrust Division, Antitrust Litigation, Antitrust Provisions, California, Cartwright Act

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New Texas Executive Order Limits Employers’ Ability to Mandate COVID-19 Vaccines in Texas

As many may have seen, on October 11, 2021, Governor Greg Abbott of Texas issued Executive Order No. GA-40 (the "Texas Order"), immediately limiting Texas employers' ability to compel employees to receive COVID-19 vaccinations…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Employment Policies, Executive Orders

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Supreme Court Limits the Reach of Induced Patent Infringement

On June 2, 2014, the U.S. Supreme Court ruled in a unanimous decision that an entity cannot be liable for inducing patent infringement of a method claim where two or more entities perform the required steps of the claim. The…more

Akamai Technologies, Induced Infringement, Limelight, Limelight Networks, Patent Infringement

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FTC Sues Amazon for Illegally Maintaining Monopoly Power

On September 26, 2023, the Federal Trade Commission (FTC) and 17 state attorneys general filed a complaint in the U.S. District Court for the Western District of Washington against Amazon.com, Inc. under Section 5 of the FTC Act…more

Amazon, Anticompetitive Behavior, Antitrust Investigations, Antitrust Litigation, Antitrust Violations

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European Antitrust Bimonthly Bulletin – September/October 2023

The "European Antitrust Bimonthly Bulletin" breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways. For any questions or suggestions please contact Jindrich…more

Acquisitions, Antitrust Provisions, Cartels, Competition, Competition Authorities

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New Legislation Updates COVID-19-Related Tax Benefits and Credits

On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (the Act), which updates several previously enacted tax benefits and credits passed in response to COVID-19. In a much-anticipated change,…more

Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Paycheck Protection Program (PPP)

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Action Required: Share Transfers Pursuant to ISO Exercises and ESPP Purchases

Companies frequently grant tax-advantaged incentive stock options (ISOs) or sponsor a tax-advantaged employee stock purchase plan (an ESPP) to provide tax-advantaged equity incentives to employees that are U.S. taxpayers. One…more

Compensation & Benefits, Employee Benefits, Employee Stock Purchase Plans, Human Resources Professionals, Incentive Stock Options

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FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether an…more

Anti-Competitive, Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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The Life Sciences Report - Summer 2019

Navigating the U.S. Healthcare Regulatory Landscape for Wearable Devices - Complex Environment Includes Key Federal Agencies FDA, FTC, OCR, CPSC, CMS, and OIG - The wearable device market is emerging as a key player in…more

Biotechnology, California Consumer Privacy Act (CCPA), Centers for Medicare & Medicaid Services (CMS), Consumer Product Safety Commission (CPSC), Federal Food Drug and Cosmetic Act (FFDCA)

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2023 Mid-Year Technology and Life Sciences PIPE and RDO Report

Wilson Sonsini Goodrich & Rosati’s 2023 Mid-Year Technology and Life Sciences PIPE and RDO Report presents analysis related to 87 private investments in public equity (PIPEs) and registered direct offerings (RDOs) by U.S.-based…more

Business Development, Investment, Life Sciences, Private Equity, Private Equity Funds

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FDA Issues Guidance on Use of 3D Printing on Medical Devices, Accessories, Components, and Parts

On March 26, 2020, the U.S. Food and Drug Administration (FDA) issued guidance surrounding the use of 3D printing on medical devices, accessories, components, and parts during the COVID-19 pandemic…more

3D Printing, Coronavirus/COVID-19, Emergency Use Authorization (EUA), FDA Approval, Food and Drug Administration (FDA)

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Dos and Dont's for Developing, Extending, and Using Generative AI Models

Legal, Commercial, and Ethical Risks Posed by the Rapidly Evolving Field of GenAI Technology - Generative AI (GenAI) refers to a category of artificial intelligence (AI) models capable of generating text, images, music, or…more

Artificial Intelligence, Copyright Infringement, Intellectual Property Protection, Machine Learning, Open Source Software

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Newly Amended Chinese Implementing Rules for Patent Law and Guidelines for Patent Examination Bring Significant Changes to Patenting Strategy in China

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines for Patent Examination (Guidelines) were…more

China, Cross-Border, Foreign Patent Applications, Intellectual Property Protection, Patent Filings

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League of Legends Copycat Companies Must Face IP Lawsuit in the U.S.

On January 20, 2022, Riot Games sued Suga and Imba, two video game companies based in Asia, in the Central District of California, alleging that the defendants infringed on Riot’s intellectual property by creating a knockoff of…more

Copyright, Copyright Infringement, Copyright Litigation, Gaming, Intellectual Property Litigation

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Digital Health Report: Q1 2020

During this unprecedented time, digital health is disrupting our healthcare delivery system for the better. Digital health companies are working hard to provide innovative telehealth, digital screening, and testing services…more

Digital Health, Food and Drug Administration (FDA), Health Care Providers, Health Information Technologies, Healthcare

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

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U.S. Supreme Court Closes Door on Objective Reasonableness Defense in Healthcare False Claims Act Cases

Leaves Window Open for Defense Based on Subjective Belief - On June 1, 2023, the U.S. Supreme Court issued a decision in a consolidated appeal of two healthcare qui tam cases that removes a very powerful defense from…more

Drug Pricing, False Claims Act (FCA), Healthcare, Pharmaceutical Industry, Pharmacies

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The Life Sciences Report – January 2022

Wilson Sonsini is pleased to present the latest edition of The Life Sciences Report. This issue features an interview with Foresight Diagnostics co-founder and CEO Jake Chabon conducted by Matthew Meyer, the firm’s Chief…more

Antitrust Litigation, Antitrust Violations, Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences

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Rec Room Sues Player for Copyright Infringement and Other Claims Following Alleged Misconduct and Hacking Activities on Its Gaming Platform

Rec Room, Inc. (Rec Room), developer of the eponymous Massive Multiplayer Online (MMO) video game Rec Room, has sued one of its players in a Washington federal court for violations of its terms of service arising from the…more

Copyright Infringement, Cyber Attacks, Cyber Crimes, Gaming, Hackers

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U.S. Supreme Court Tackles Two-Sided Markets: Ohio v. American Express

In one of the year's most anticipated antitrust decisions, Ohio et al. v American Express Co., the U.S. Supreme Court has ruled that courts considering allegations of anticompetitive behavior by companies that operate "two-sided…more

American Express, Anti-Steering Rules, Anticompetitive Agreements, Antitrust Provisions, Burden of Proof

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Treasury and IRS Release Proposed Regulations Regarding the Prevailing Wage and Apprenticeship Requirements

On August 29, 2023, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) released a notice of proposed rulemaking and accompanying frequently asked questions (Proposed Regulations) regarding the…more

Apprenticeships, Energy Projects, Energy Sector, Inflation Reduction Act (IRA), Investment Tax Credits

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SEC Expands Security and Breach Notification Requirements for Investment Firms

On May 16, 2024, the U.S. Securities and Exchange Commission (SEC) announced that it had adopted final amendments to its Regulation S-P (the Rule or Amended Rule), which governs “covered financial institutions’” treatment of…more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Investment Firms

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Congress Proposes New Comprehensive Privacy Legislation: The American Privacy Rights Act

On April 7, 2024, Representative Cathy McMorris Rogers (R-WA) and Senator Maria Cantwell (D-WA) announced that Congress will once again consider a comprehensive federal data privacy bill that, if passed, would dramatically alter…more

Algorithms, Consumer Privacy Rights, Data Brokers, Data Collection, Data Privacy

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OIG Tackles New Issues in Its General Compliance Program Guidance: What Companies Need to Know

On November 6, 2023, U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a General Compliance Program Guidance (GCPG) as part of its plan to renovate its library of compliance program…more

Compliance, Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Healthcare Facilities

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FTC Requires Divestitures in Petroleum Terminal and Storage Acquisition

The Federal Trade Commission (FTC) announced a consent agreement requiring divestitures as a condition of Buckeye Partners, L.P.'s (Buckeye's) $435 million acquisition of 26 petroleum terminals from Magellan Midstream Partners,…more

Acquisitions, Antitrust Provisions, Biden Administration, Competition, Department of Justice (DOJ)

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The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of transactions…more

Acquisitions, Anti-Competitive, Antitrust Division, Antitrust Provisions, Biden Administration

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Patent Stakeholders Invited to Provide Public Comment on Patent Eligibility Impacts on American Innovation

On July 9, 2021, the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register on behalf of Senators Tillis, Hirono, Cotton, and Coons seeking public input for a patent eligibility study. The…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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SEC Adopts Amendments to Rules Governing Beneficial Ownership Reporting

On October 10, 2023, the U.S. Securities and Exchange Commission (SEC) approved final rules amending the beneficial ownership reporting requirements under Sections 13(d) and 13(g) of the Securities Exchange Act of 1934 (Exchange…more

Beneficial Owner, Derivatives, Filing Deadlines, Final Rules, Reporting Requirements

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Executive Order Directed to Section 230 to Increase Regulatory Scrutiny of Online Services

On May 28, 2020, President Trump signed an "Executive Order on Preventing Online Censorship" directed to Section 230 of the Communications Decency Act (47 U.S.C. §230(c)). Section 230 has long afforded protections to interactive…more

Censorship, Executive Orders, Internet, Trump Administration

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India Reporting and Registration Requirement Updates

Governmental organizations in India have recently introduced changes that may affect clients with Indian subsidiaries. These changes involve: - reporting requirements related to foreign investment into Indian entities,…more

Corporate Governance, Foreign Investment, India, Reporting Requirements, Subsidiaries

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Sustainability and ESG Advisory Practice Update, June 2023

SEC Publishes Spring 2023 Regulatory Agenda - On June 13, 2023, Chair of the U.S. Securities and Exchange Commission (SEC) Gary Gensler announced the release of the SEC’s Spring 2023 Regulatory Agenda (the Regulatory Agenda),…more

Corporate Governance, Corporate Social Responsibility, Delaware, Department of Energy (DOE), Department of Labor (DOL)

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The Impact of COVID-19 on the Commercial Real Estate Market

The COVID-19 pandemic has resulted in increasingly restrictive government orders throughout the United States that may largely prohibit businesses from accessing and operating from their leased facilities. Most commercial and…more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Contract Termination

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Delaware Court of Chancery Issues Additional Guidance on Busted Deals

On April 30, 2021, then-Vice Chancellor (now Chancellor) Kathaleen S. McCormick of the Delaware Court of Chancery issued a post-trial decision addressing an array of important topics in the "busted deal" context following a…more

Acquisitions, Business Court, Business Litigation, Business Valuations, Coronavirus/COVID-19

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How Extreme Should the FBI and DHS Be in Removing Extremism from Gaming?

The United States Government Accountability Office (GAO) recently published a report that highlights the federal government’s increased interest in monitoring domestic violent extremist content on gaming and social media…more

Department of Homeland Security (DHS), Electronic Monitoring, FBI, Gaming, GAO

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Federal Trade Commission to Revise Hart-Scott-Rodino Act Jurisdictional Thresholds

On February 2, 2021, the Federal Trade Commission (FTC) is scheduled to publish revised Hart-Scott-Rodino (HSR) Act jurisdictional thresholds for 2021. The FTC is required by law to revise the HSR Act monetary jurisdictional…more

Acquisitions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Threshold Requirements

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FDA's Proposed Rules to Address Inaccurate Orange Book Use Codes May Shorten Approval Timelines for Select 505(b)(2) and Generic Drugs

Drug Approval and Patent Listing Process - Before being allowed to market a new drug1 in the U.S., branded drug manufacturers must submit a new drug application (NDA) to the U.S. Food and Drug Administration (FDA), and the…more

Abbreviated New Drug Application (ANDA), Food and Drug Administration (FDA), Generic Drugs, Healthcare, Orange Book

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USPTO Announces Second Round of AIA Rule Changes

On August 19, 2015, the U.S. Patent and Trademark Office (USPTO) announced another set of proposed changes to the rules governing Patent Trial and Appeal Board (PTAB) trial proceedings under the America Invents Act (AIA)…more

Amended Complaints, America Invents Act, Claim Construction, Covered Business Method Proceedings, Inter Partes Review (IPR) Proceeding

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Digital Health Report - Winter 2018

Machine Learning and Digital Health Applications - The use of artificial intelligence (AI) algorithms to solve complex problems has risen dramatically in the last several years. In 2017, Gartner identified more than 1,000…more

Digital Health, Health Care Providers, Innovative Technology, Life Sciences, Mayo v. Prometheus

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COVID Relief Bill Contains Energy Tax Extenders

On December 21, 2020, lawmakers on Capitol Hill passed a tax extenders package as part of a larger COVID relief bill, the Consolidated Appropriations Act, 2021 (the act). President Trump is expected to sign the act into law in…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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China FDA Proposes Hatch-Waxman-Like Regulatory Framework Linking Drug Approval to Patent Rights

Recently, the China Food and Drug Administration (CFDA) issued a policy proposal linking drug approval to patent rights.1 The proposal is intended to promote innovation in the development of both drugs and medical devices and to…more

China, China FDA, FDA Approval, Hatch-Waxman, Pharmaceutical Industry

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Delaware Court of Chancery Blesses MFW Process and Dismisses Challenge to Stockholder-Approved Charter Amendment Extending Dual-Class Structure

On July 29, the Delaware Court of Chancery issued a noteworthy decision confirming the broad application of the "MFW" framework—based on the Delaware Supreme Court's decision in Kahn v. M & F Worldwide Corp., 88 A.3d 635 (Del…more

Board of Directors, Bylaws, Corporate Charters, Corporate Counsel, Corporate Governance

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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“Stop Killing Games” Campaign Seeks to Prevent Video Game Publishers from Taking Games Offline

Ross Scott, operator of the YouTube channel Accursed Farms, has launched an online campaign (the Campaign) advocating against the video game industry practice of game publishers ending technical support for video games, which…more

Digital Platform Liability, Digital Platforms, Entertainment Industry, Gaming, Online Gaming

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q2 2023

The firm is pleased to distribute the Q2 2023 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Artificial Intelligence, Broker-Dealer, EU, Federal Trade Commission (FTC), Hiring & Firing

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IRS Rules That an Enterprise Cloud Application Software Company Is Engaged in a Qualified Trade or Business for QSBS Purposes

On May 12, 2023, the Internal Revenue Service (IRS) published private letter ruling 202319013 (the PLR), which concluded that an enterprise cloud application software company is engaged in a qualified trade or business for…more

Corporate Taxes, Internal Revenue Code (IRC), IRS, Qualified Small Business Stock, Reporting Requirements

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COVID-19 Tax Relief: IRS Issues New Guidance on the Employee Retention Credit and Deduction of Expenses Funded with Paycheck Protection Program Loans

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) enacted several key measures intended to provide tax and financial relief to businesses navigating the COVID-19 crisis. Those measures included the Employee…more

CARES Act, Coronavirus/COVID-19, IRS, Paycheck Protection Program (PPP), Relief Measures

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COVID-19 and Force Majeure Clauses

Impact of COVID-19 on Existing Contracts: Is Performance Still Required? The spread of COVID-19 has plunged the country into a period of dramatic uncertainty. The uncertainty that many have seen in everyday life also extends…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards

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Sustainability and ESG Advisory Practice Update, May 2024

We are pleased to share the May 2024 issue of Wilson Sonsini's Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social,…more

Corporate Social Responsibility, Department of Energy (DOE), Environmental Social & Governance (ESG), EU, Federal Trade Commission (FTC)

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[Event] Medical Device Digital Health Conference - June 13th - 14th, San Francisco, CA

Wilson Sonsini’s 31st Annual Medical Device & Digital Health Conference will address topics of critical importance to medical device and digital health companies, including early and late-stage venture financing, partnering…more

Acquisitions, Artificial Intelligence, Best Practices, Business Strategies, Business Valuations

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SPARCs: An Attractive Alternative to Traditional SPACs?

On September 29, 2023, the U.S. Securities and Exchange Commission (SEC) declared effective a registration statement for Pershing Square SPARC Holdings, Ltd., which is contemplating a unique variation on the traditional special…more

Acquisitions, Capital Markets, Investors, Securities and Exchange Commission (SEC), Securities Litigation

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Delaware Court of Chancery Issues Important Ruling for Multi-Class Companies Addressing Class Votes

Earlier today, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued an important ruling concluding that two companies with multiple classes of common stock were not required, under the Delaware statute, to…more

Board of Directors, Corporate Governance, Corporate Officers, Delaware General Corporation Law, Shareholder Litigation

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Western District of Texas Issues New Order Regarding Judicial Assignment of Patent Cases

On July 25, 2022, Chief Judge Orlando L. Garcia of the Western District of Texas issued an "Order Assigning the Business of the Court as it Relates to Patent Cases." The Chief Judge ordered that all civil cases involving patents…more

Delaware, Judicial Proceedings, Patent Litigation, Patent Trial and Appeal Board, Patents

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All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the…more

Antitrust Division, Artificial Intelligence, Biden Administration, Canada, EU

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New York Redefines the Permissible Scope of Invention Assignment Provisions

Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to the…more

Employee Rights, Employees, Employment Contract, Employment Policies, Intellectual Property Litigation

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Report on U.S. Semiconductor Industry Raises Implications for PRC Investments in U.S. Companies

In January 2017, the President's Council of Advisors on Science and Technology (PCAST) issued a report to then President Barack Obama titled "Ensuring Long-Term U.S. Leadership in Semiconductors."1 The report assesses the state…more

Barack Obama, CFIUS, China, Foreign Investment, Information Reports

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IRS Issues Proposed Regulations Reducing Income Inclusions under Section 956 for Certain U.S. Corporations

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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