Publications & News

Publications

May 21, 2013

Equity Incentives: Interesting Developments in the UK for 2013

Improvements to the tax treatment of Enterprise Management Incentive (“EMI”) options and the new concept of “employee shareholder agreement,” whereby an employee accepts fewer... Read More

May 17, 2013

DOJ and the SEC issue much-anticipated FCPA guidance

An article by Roger Witten, Kimberly Parker and Jay Holtmeier, published in the Journal of Investment Compliance (2013) Vol. 14, No. 1, pp. 5 –15.... Read More

May 17, 2013

Focus on Audit Committees, Accounting and the Law

This blog provides a legal perspective on developments in accounting standards, financial reporting, auditing and regulation of the accounting profession. Our primary focus is... Read More

May 17, 2013

The Road to IPO: Legal and Regulatory Insights into Going Public

Blog host David Westenberg shares thoughts on on initial public offerings (IPOs), including legal and regulatory developments affecting the IPO market, analysis of market practices,... Read More

May 16, 2013

Privilege revisited: privilege issues in internal investigations

An article by Christopher David and Alison Geary, published in the Fraud and Corporate Crime section of The In-House Lawyer.... Read More

May 16, 2013

The calm before the storm: are you prepared for a dawn raid?

An article by Kelly Thompson, published in the Fraud and Corporate Crime section of The In-House Lawyer. ... Read More

May 15, 2013

Supreme Court Holds That Exhaustion Doctrine Does Not Permit Purchasers of Patented Biotechnology to Make New Copies of the Invention

In a unanimous decision, the United States Supreme Court held that purchasers of soybeans containing patented biotechnology cannot plant them to produce a new crop without the... Read More

May 15, 2013

Turning on the Gas

An article by Steven Finizio and Sonja Sreckovic, appearing in Commercial Dispute Resolution. ... Read More

May 14, 2013

Why Berlin is Europe’s next startup capital

An article by Peter Buckland, originally published in VentureBeat's Entrepreneur channel.... Read More

May 14, 2013

A startup lawyer’s take on winning over a venture capitalist

An article by Mick Bain, originally published in VentureBeat's Deals channel.... Read More

May 13, 2013

A Divided Federal Circuit Affirms CLS Bank, Finding No Patent-Eligible Subject Matter Under 35 U.S.C. § 101

On May 10, 2013, the Federal Circuit issued its decision in CLS Bank International et al. v. Alice Corporation Pty, Ltd., (2011-1301), which it decided en banc in order to address... Read More

May 13, 2013

GSA-Joint Cybersecurity Working Group Issues Request for Information on Cybersecurity Standards in Government Contracts

Today, in response to a directive in President Obama’s February Executive Order on Critical Infrastructure Cybersecurity, the Joint Working Group on Improving Cybersecurity and... Read More

May 13, 2013

Year Three of the SEC Whistleblower Program: Will It Turbocharge SEC Enforcement?

An article by William McLucas, Laura Wertheimer and Arian June, published in the May 13, 2013 edition of Bloomberg BNA's Securities Regulation & Law Report.... Read More

May 10, 2013

Periodic SEC Examination at Broker-Dealer Leads to Criminal FCPA, Money Laundering Charges Against Two Employees

On May 7, 2013, federal prosecutors in the Southern District of New York unsealed criminal Foreign Corrupt Practices Act (“FCPA”), money laundering, and Travel Act charges against... Read More

May 6, 2013

2013 IPO Report

Our 2013 IPO Report offers a detailed analysis of, and outlook for, the IPO market. The report features regional breakdowns, a Q&A with former SEC Corp Fin Director Meredith Cross,... Read More

May 6, 2013

2013 M&A Report

Our 2013 M&A Report offers a detailed review of, and outlook for, the global M&A market. Other highlights include a discussion of the challenges and benefits of selling your... Read More

May 6, 2013

2013 Venture Capital Report

Our 2013 Venture Capital Report offers an in-depth analysis of, and outlook for, the US and European venture capital markets. The report features industry and regional breakdowns, an... Read More

May 6, 2013

2013 Corporate Reports

WilmerHale’s annual IPO, Venture Capital and M&A Reports provide comprehensive statistics and analysis that are hard to find elsewhere.... Read More

May 3, 2013

Daily Journal Publishes "Opinions of Counsel in Patent Cases" by Andrea Weiss Jeffries and Christopher Gribble

An article by Partner Andrea Weiss Jeffries and Associate Christopher Gribble, published in the May 3, 2012 edition of the Daily Journal.... Read More

May 1, 2013

SEC Proposes Rules for Cross-Border Security-Based Swap Activities

The Securities and Exchange Commission (“SEC” or “Commission”) voted unanimously today to propose rules and interpretive guidance for the application of its regulations under Title... Read More

April 29, 2013

SEC Gives Nod to Use of Social Media Under Regulation FD—If Done Correctly

On April 2, 2013, the Securities and Exchange Commission issued a Report of Investigation that concluded an investigation by the SEC’s Division of Enforcement into whether the... Read More

April 26, 2013

China Clears Glencore's Acquisition of Xstrata Subject to Remedies

China’s Ministry of Commerce (MOFCOM) on April 16, 2013 announced the clearance of the acquisition by Glencore International plc (Glencore) of Xstrata plc (Xstrata) subject to... Read More

April 25, 2013

SEC and CFTC Issue Identity Theft Red Flags Rules

On April 10, 2013, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly issued final rules and guidelines requiring certain SEC... Read More

April 24, 2013

FinCEN Updates: Treasury Identifies Kassem Rmeiti & Co. For Exchange and Halawi Exchange Co. as Financial Institutions of “Primary Money Laundering Concern”

In an unprecedented use of its USA PATRIOT Act Section 311 authority, Treasury's Financial Crimes Enforcement Network (FinCEN) yesterday issued orders effective immediately, accompanied... Read More

April 23, 2013

Data Security Considerations for FinTech Companies

An article by Ian C. Wildgoose Brown, appearing in the Bloomberg Law Banking Report.... Read More

April 22, 2013

Bloomberg BNA's Privacy and Security Law Report Publishes Article by WilmerHale Attorneys

"Implementation of the Cybersecurity Executive Order and Presidential Policy Directive: Timetable and Processes," an article by Partner Jonathan Cedarbaum and Associate Leah Schloss,... Read More

April 19, 2013

Going Forward After March 16, 2013: Succeeding in a First-Inventor-to-File System Under the AIA

On March 16, 2013, the US officially moved from a first-to-invent to first-inventor-to-file system under the America Invents Act (AIA). In the wake of this well-publicized transition,... Read More

April 17, 2013

Selected 2013 Technology Transactions

For more than four decades, we have represented technology clients in venture capital financings, public offerings, and mergers and acquisitions; handled their licensing, outsourcing,... Read More

April 17, 2013

Selected 2013 Strategic Alliances, Joint Venture and Licensing Transactions

In 2013, our corporate, licensing, intellectual property and regulatory lawyers handled numerous strategic alliance, joint venture, licensing, collaboration, product development, outsourcing,... Read More

April 17, 2013

Selected 2013 Life Sciences Transactions

Recognized both globally and nationally as a leading life sciences practice, WilmerHale has four decades of experience representing biotechnology, pharmaceutical and medical device... Read More

April 17, 2013

Business Law Today Publishes "Preparing for CFPB Examinations" by Eric Mogilnicki

An article by Partner Eric Mogilnicki, published in the March 2013 edition of Business Law Today.... Read More

April 17, 2013

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

April 17, 2013

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

April 17, 2013

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

April 15, 2013

Daily Journal Publishes “SEC takes hard line on ‘cyber incidents’” by Michael Mugmon and Joel Fleming

An article by Partner Michael Mugmon and Associate Joel Fleming, published in April 5, 2013 edition of the San Francisco Daily Journal.... Read More

April 10, 2013

Massachusetts Governor's Tax Proposals for Businesses

The proposed 2014 Massachusetts budget submitted by Governor Deval Patrick includes not only provisions that eliminate many individual tax exemptions and increase the individual income... Read More

April 9, 2013

CFTC Staff Provides Broad Reporting Relief to Non-Financial End-Users

The Commodity Futures Trading Commission (CFTC) staff issued broad no-action relief to non-financial end-users from reporting requirements for new and historical swaps between corporate... Read More

April 9, 2013

H-1B (FY 2014) Cap Reached

On Friday, April 5, 2013, US Citizenship and Immigration Services (USCIS) announced that it had received a sufficient number of H-1B petitions to reach the FY 2014 statutory cap... Read More

April 5, 2013

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

April 1, 2013

SEC Staff Issues FAQs on Rule 15a-6 and Cross-Border Securities Activities by Foreign Broker-Dealers; FAQs Address a Wide Range of Areas, But No Surprises

On March 21, 2013, the Staff of the SEC’s Division of Trading and Markets issued a new set of frequently asked questions regarding Rule 15a-6 under the Securities Exchange Act... Read More

April 1, 2013

Robert H. Jackson: How a “Country Lawyer” Converted Franklin Roosevelt into a Trustbuster

An article by Partner William Kolasky, published in Antitrust, an American Bar Association publication, Vol. 27, No. 2, pages 85-92.... Read More

April 1, 2013

False Claims Act: 2012 Year-in-Review – Part II

An article by Jennifer M. O’Connor, Christopher E. Babbitt, David W. Ogden and Jonathan G. Cedarbaum, published in the April 2013 edition of Financial Fraud Law Report.... Read More

March 29, 2013

Comcast Corp. et al. v. Behrend et al.: Continued Rigor in Class Certification

On March 27, 2013, the US Supreme Court issued its second opinion in two years underscoring that lower courts must conduct a “rigorous analysis” into the efficacy of economic models... Read More

March 28, 2013

Oxford Innovation Society (OIS) Member Profile: WilmerHale

An article by Joe Pillman and Andrew Ross, published in the Spring 2013 edition of Isis Insights, Issue 71, p. 6-7.... Read More

March 27, 2013

SEC Gets SCI-entific About Trading Systems with Proposed Regulation SCI

On March 7, 2013, the Securities and Exchange Commission (“Commission” or “SEC”) voted unanimously to propose Regulation Systems Compliance and Integrity (“Reg SCI”) under the... Read More

March 25, 2013

Virtual Currency and AML Regulation: Who’s In and Who’s Out?

US Treasury's Financial Crimes Enforcement Network (FinCEN) recently issued guidance to clarify which participants in virtual currency services are required to register as money... Read More

March 22, 2013

Fourth Circuit Expands FCA Limitations Period

In United States ex rel. Carter v. Halliburton, a divided panel of the U.S. Court of Appeals for the Fourth Circuit expanded the scope of potential False Claims Act (FCA) liability... Read More

March 22, 2013

The Consumer Financial Protection Bureau: Enforcement

A presentation delivered by Eric Mogilnicki delivered to The Banking Institute, University of North Carolina School of Law Center for Banking and Finance, on March 22, 2013.... Read More

March 20, 2013

Supreme Court Holds That “First Sale” Provision Applies to Copies of Copyrighted Works Lawfully Made Abroad

The Supreme Court of the United States yesterday held that the first sale doctrine codified at § 109 of the 1976 Copyright Act permits the lawful owner of a copyrighted work manufactured... Read More

March 20, 2013

The Daily Journal Publishes “More Operating Companies Asserting Patent” By Keith Slenkovich

An article by Partner Keith Slenkovich, published in March 20, 2013 edition of The San Francisco Daily Journal.... Read More