Publications & News

Publications

July 30, 2014

Global Competition Review USA Litigator of the Week: Heather Tewksbury

An article by Global Competition Review featuring WilmerHale Partner Heather Tewksbury, who was named as its USA Litigator of the Week.... Read More

July 30, 2014

International Arbitration In Central and Eastern Europe: A Diversity of Approaches

A chapter by Franz Schwarz and Kenneth Beale, appearing in The International Comparative Legal Guide to International Arbitration 2014 (11th edition).... Read More

July 30, 2014

Recent Developments in the Regulation of Counsel and Professional Conduct in International Arbitration

A chapter by Charlie Caher and Jonathan Lim, appearing in The International Comparative Legal Guide to International Arbitration 2014 (11th edition).... Read More

July 30, 2014

England & Wales

A chapter by Wendy Miles and Charlie Caher, appearing in appearing in The International Comparative Legal Guide to International Arbitration 2014 (11th edition).... Read More

July 29, 2014

Whose Refund Is It? The Sixth Circuit Weighs in, Finding Tax Sharing Agreement Between Bank and Holding Company Ambiguous on Ownership of Refunds

In its recent AmFin decision, the Sixth Circuit joined a growing line of cases considering whether tax refunds paid to a bank holding company pursuant to a tax sharing agreement between... Read More

July 29, 2014

Online Consumer Privacy: Airlines Under Scrutiny

An article written by Heather Zachary and Allison Trzop, published in The Air & Space Lawyer, Volume 27, Number 1, 2014 by the American Bar Association.... Read More

July 25, 2014

The Consumer Financial Protection Bureau as a Privacy & Data Security Regulator

An article by Jonathan Cedarbaum and Elijah Alper, published in the May/June 2014 edition of the Fintech Law Report.... Read More

July 21, 2014

Federal Circuit Patent Updates - July 2014

Summaries of and links to recent precedential and informative opinions.... Read More

July 18, 2014

US Targets Major Russian Financial and Energy Firms in Sector-Specific Sanctions

This week, the United States announced new sanctions against Russia in response to what the Obama Administration describes as Russia’s continued attempts to destabilize Ukraine.... Read More

July 16, 2014

Latin America: Expert View: Drafting Arbitration Agreements

An article by Duncan Speller and Victoria Narancio, published in the July-August 2014 edition of Commercial Dispute Resolution, pp. 46-48.  ... Read More

July 14, 2014

Understanding the Global Reach of U.S. Whistleblower Anti-Retaliation Protections

An article by William McLucas, Laura Wertheimer and Arian June, published in the July 2014 edition of Bloomberg BNA's World Securities Law Report, Vol. 20, No. 7.... Read More

July 14, 2014

Know The Capacity Closure Analysis In Horizontal Mergers

An article authored by Partner Hartmut Schneider, published in Law360.... Read More

July 14, 2014

Legal representation in arbitration

An article featuring Gary Born, published by Lexis®PSL Arbitration and Lexis®Library on 14 July 2014.... Read More

July 10, 2014

EU Commission Unveils Plans Regarding Enforcement of IP Rights

On July 1, 2014, the European Commission adopted two Communications calling for better protection and enforcement of intellectual property rights. This is the first major initiative... Read More

July 8, 2014

The Whole Loaf, or Only a Slice?: Interstate Bakeries and the Increased Importance of Integration Clauses in Contracts with Bankrupt Counterparties

As a recent number of bankruptcy cases have illustrated, contract integration clauses can have profound and unintended effects when, upon the bankruptcy of a counterparty, the... Read More

July 7, 2014

Patent Law and the Supreme Court: Certiorari Petitions Denied

WilmerHale compiles lists of certiorari petitions that raise patent-law issues. This page contains a consolidated list of all recently denied petitions, organized in reverse chronological... Read More

July 7, 2014

Patent Law and the Supreme Court: Certiorari Petitions Granted

WilmerHale compiles lists of certiorari petitions that raise patent-law issues. This page contains a consolidated list of all recently granted petitions, organized in reverse chronological... Read More

July 7, 2014

Patent Law and the Supreme Court: Certiorari Petitions Pending

WilmerHale compiles lists of certiorari petitions that raise patent-law issues. This page contains a consolidated list of all pending petitions, organized in reverse chronological order... Read More

July 7, 2014

International Commercial Arbitration by Gary Born – Hardcover and eBook Available Now

We are delighted to announce that the second edition of International Commercial Arbitration (2014 Kluwer Law International) by Gary Born, Chair of the firm's International Arbitration... Read More

July 2, 2014

DC Circuit Issues Major Ruling Affirming Broad Applicability of Attorney-Client Privilege to Corporate Internal Investigations

On June 27, 2014, the US Court of Appeals for the DC Circuit issued a major decision clarifying the scope of the attorney-client privilege as applied to corporate internal investigations.... Read More

July 2, 2014

US Supreme Court Agrees To Address Two Important False Claims Act Issues

Yesterday, the Supreme Court granted certiorari in Kellogg Brown & Root v. United States ex rel. Carter, No. 12-1497, a case presenting two important issues under the False... Read More

June 27, 2014

Federal Circuit Patent Updates - June 2014

Summaries of and links to recent precedential and informative opinions.... Read More

June 25, 2014

US Supreme Court Decides Closely Watched Case on ERISA "Stock Drop" Class Actions

In Fifth Third Bancorp v. Dudenhoeffer, a decision written by Justice Breyer, the US Supreme Court unanimously held that plan fiduciaries are not entitled to any special “presumption... Read More

June 25, 2014

US Supreme Court Updates Basic Inc. v. Levinson Presumption of Reliance for Class Certification Motions in Halliburton Co. v. Erica P. John Fund, Inc.

In Halliburton Co. v. Erica P. John Fund, Inc., a decision authored by Chief Justice Roberts, the US Supreme Court on Monday reversed the Fifth Circuit's decision certifying a... Read More

June 24, 2014

US Supreme Court Decides Closely Watched Case on Class Certification in Securities Fraud Matters

In a decision authored by Chief Justice Roberts, the US Supreme Court yesterday reversed the Fifth Circuit’s decision certifying a class in a securities fraud class action brought... Read More

June 24, 2014

Navigating the CFTC's Cross-Border Guidance – A Primer for Market Participants

An article by Jeannette Boot, Gail Bernstein and Abi Bamgboye, published in the May 2014 edition of Futures & Derivatives Law Report, Vol. 34, Issue 5.... Read More

June 23, 2014

Four Important Strategic Consideration for Inter Partes Review Proceedings

An article by David Cavanaugh, Michael Twomey, Vic Souto, Christopher O'Brien, Heather Schafroth and Michael Smith, published in the May/June 2014 edition of IP Litigator, Vol.... Read More

June 19, 2014

Unanimous U.S. Supreme Court Decides Closely-Watched Case on Patent Eligibility of Computer-Implemented Business Methods

In a unanimous decision authored by Justice Thomas, the Supreme Court today affirmed the Federal Circuit’s en banc decision invalidating the patents asserted by Alice Corporation against... Read More

June 19, 2014

UK Businessman Pleads Guilty to UK Criminal Cartel Offence

Peter Snee, former managing director of Franklin Hodge Industries, has pleaded guilty to a single count of the UK’s criminal cartel offence for his role in fixing prices for... Read More

June 17, 2014

US Supreme Court Issues Unanimous Ruling in Favor of WilmerHale Client POM Wonderful

On June 12, 2014, the US Supreme Court ruled unanimously in favor of WilmerHale client POM Wonderful LLC (POM) in an important case involving the intersection of the Lanham Act’s... Read More

June 16, 2014

UK Banking Regulation Addressed in Mansion House Speech

The UK’s Chancellor of the Exchequer, George Osborne, delivered a speech on the state of the British economy, as is customary at the Lord Mayor of London’s annual dinner. In... Read More

June 13, 2014

A Practical Guide to ‘Willful Blindness’ Under Global-Tech: When Does Fear of Infringement Turn Into Knowledge of Infringement?

An article by Richard O'Neill, Jonathan Uffelman and Ali Abugheida, published in the June 13, 2014 edition of Bloomberg BNA's Patent Trademark & Copyright Journal, Vol. 8,... Read More

June 10, 2014

European Court of Justice Provides Guidance Regarding Potential Liability of Cartel Members in EU Member States for Sales by Non-Cartel Participants

Last week, the EU’s highest court, the European Court of Justice (ECJ), held that Member State laws may not categorically prohibit consumers from recovering from cartel members damages... Read More

June 9, 2014

US Supreme Court Resolves Executive Benefits on Narrow Grounds, Leaving Unresolved Many Important Questions About Bankruptcy Court Authority

The US Supreme Court earlier today issued its much anticipated decision in Executive Benefits Insurance Agency v. Arkison, No. 12-1200 (June 9, 2014), a follow-on case to the... Read More

June 5, 2014

WilmerHale berät FMS Wertmanagement bei Verkauf von US-Immobilienportfolio im Nominalwert von 1,2 Milliarden US-Dollar

Die bundeseigene Abwicklungsanstalt FMS Wertmanagement, die im Jahr 2010 gegründet wurde, um Risikopositionen und Geschäftsbereiche der HRE-Gruppe zu übernehmen, hat mit Unterstützung... Read More

June 3, 2014

US Supreme Court Issues Two Unanimous Opinions Overturning Federal Circuit Patent Law Rulings

In two unanimous decisions handed down on June 2, the US Supreme Court overturned Federal Circuit rulings on patent indefiniteness and induced infringement. Both rulings added... Read More

June 2, 2014

Merger Control Trends M&A Counsel Need to Know

An article by Jim Lowe, published in the May 2014 edition of Expert Guide: Mergers & Acquisitions 2014.... Read More

June 2, 2014

Technical and Scientific Experience

Our ability to provide superior legal representation to technology companies is greatly enhanced by the academic and industry experience of our lawyers in a wide variety of... Read More

June 1, 2014

Business Documents in U.S. Merger Review: Why Are They So Important And What Are the Risks?

An article by Hartmut Schneider and Takeshige Sugimoto, published in the June 2014 edition of Japanese Fair Trade Journal, Vol. 6, No. 764.... Read More

May 30, 2014

Federal Circuit Patent Updates - May 2014

Summaries of and links to recent precedential and informative opinions.... Read More

May 29, 2014

The Smartphone Royalty Stack: Surveying Royalty Demands for the Components within Modern Smartphones

This report, co-authored by WilmerHale intellectual property litigators Joe Mueller and Tim Syrett and Intel Vice President and Associate General Counsel Ann Armstrong, utilizes publicly... Read More

May 29, 2014

Expert View: Surveying Africa; Africa's Advance

Steven Finizio and Thomas Führich survey Africa’s arbitral laws and institutions looking at international arbitration in Africa today by region, with a particular focus on issues... Read More

May 27, 2014

All or Nothing: Delaware Bankruptcy Court Decision in Physiotherapy Holdings Addresses Contract “Integration” for Purposes of Assumption Under Section 365(a)

An article co-authored by Dennis Jenkins and Isley Gostin, published by Pratt's Journal of Bankruptcy Law, June 2014.... Read More

May 22, 2014

Eleventh Circuit Adopts Broad Definition of Government "Instrumentality" Under FCPA

On May 16, 2014, the Eleventh Circuit, in the first appellate decision on the issue, affirmed a broad definition of “instrumentality” of a foreign government within the meaning of... Read More

May 21, 2014

UK: Updated BBA Anti-Bribery and Corruption Guidance Launched

On 6 May 2014, The British Bankers’ Association published its updated Anti-Bribery and Corruption Guidance (“the Guidance”). When first published in December 2011, the Guidance provided... Read More

May 20, 2014

Cross-Border Investigations and Compliance

It is often said that corporations are not criminally liable under German law. As we explain in this alert, whilst technically accurate, such a statement should be tempered by... Read More

May 20, 2014

EPA Final 316(b) Rule Establishes Standards for Cooling Water Intake Structures at Existing Facilities

The US Environmental Protection Agency (EPA) yesterday released its final rule on cooling water intake structures for existing power plants, refineries and factories.... Read More

May 16, 2014

Pushing the Borders of Chapter 15: When a Foreign Representative “Flouts” the Purposes of Cross-Border Insolvency in the United States

The case law interpreting Chapter 15 of the US Bankruptcy Code continues to demonstrate that there are rarely simple answers to the complex issues presented by cross-border insolvency... Read More

May 14, 2014

FCPA Considerations in M&A Transactions

Here is an excerpt from WilmerHale's 2014 M&A Report, which was released on May 6, 2014. This excerpt summarizes the FCPA risks for purchasers and sellers in M&A transactions... Read More

May 12, 2014

Whether the Supreme Court’s Decision in Janus Applies to Government Enforcement Actions Under Section 10(b) and Rule 10b-5(b)

An article by Matt Martens, Mark Cahn and Caitlin Monahan, published in Bloomberg BNA's Securities Regulation and Law Report, Vol. 46, No. 936.... Read More