Publications & News

Publications

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 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

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

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

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 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 16, 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

April 15, 2013

Rothermel and Kent Shortlisted for Euromoney "Americas Women in Business Law Awards"

Euromoney Legal Media Group has placed Partners Sarah Rothermel and Rachael Kent on its shortlist for the "Americas Women in Business Law Awards" for the second consecutive year.... 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 4, 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

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

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 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

March 19, 2013

SEC Sanctions Finder as Unregistered Broker, Fund Manager for Aiding and Abetting

In events that will be of interest to many private investment fund managers and sponsors, the Securities and Exchange Commission (SEC) has settled an action against a consultant for... Read More

March 18, 2013

USCIS Issues Revised Form I-9

On March 8, 2013, US Citizenship and Immigration Services (USCIS) published a new version of Form I-9 (Employment Eligibility Verification Form).... Read More

March 15, 2013

Federal Circuit Reconsidering Claim Construction Standard of Review

The U.S. Court of Appeals for the Federal Circuit held in Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448, 1451 (Fed. Cir. 1998), that “claim construction, as a purely legal... Read More

March 14, 2013

Update: Recent Court Decisions Reveal Litigation Challenges for SEC

Although the US Securities and Exchange Commission may have significant leverage to get what it wants during the course of an investigation and even in settlements, several recent... Read More

March 14, 2013

Recent Key Developments in Shifting E-Discovery Costs

An article co-authored with Emily Madavo, Jessica Sutton and Edward Rippey, published in the Spring 2013 edition of the EDDE Journal, Vol. 4, Issue 2.... Read More

March 13, 2013

Securities: Certiorari Petitions Denied

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

March 13, 2013

Securities: Certiorari Petitions Granted

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

March 13, 2013

Securities: Certiorari Petitions Pending

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

March 11, 2013

When International Arbitration Meets Sharia

An article by Steven Finizio and Christopher Howitt, appearing in Commercial Dispute Resolution.... Read More

March 4, 2013

Planning for March 16, 2013: Important Considerations as US Moves to a First-Inventor-to-File System

The America Invents Act (AIA) has already brought extensive reforms to US patent law since it was signed into law on September 16, 2011. On March 16, 2013, perhaps the most publicized... Read More

March 1, 2013

False Claims Act: 2012 Year-in-Review – Part 1

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

February 28, 2013

European Commission on Technology Licenses and Patent Pools

As part of its ongoing review of how competition law should apply to licensing, on 20 February, the European Commission published a revised draft Technology Transfer Block Exemption... Read More

February 28, 2013

H-1B Cap Opens on April 1, 2013

On Monday, April 1, 2013, US Citizenship and Immigration Services (USCIS) will begin accepting cap-subject H-1B petitions for fiscal year 2014, with an employment start date of... Read More

February 28, 2013

Attorneys Publish Article on Off-Label Drug Promotion Resolutions in New York Law Journal

An article entitled "Revisiting 'Off-Label' Drug Promotion Resolutions in Light of 'Caronia'" by Peter Neiman, Seth Orkand and Peter Vigeland, published in the New York Law Journal.... Read More

February 28, 2013

February 2013 FCPA Judicial Decisions

February 2013 yielded two opinions from the United States District Court for the Southern District of New York: SEC v. Straub, et al. and SEC v. Sharef, et al. While these decisions... Read More

February 27, 2013

Crying Foul

An article by Steven Finizio and Claudio Salas, appearing in Commercial Dispute Resolution.... Read More

February 26, 2013

WilmerHale Partner Mark Kalpin Publishes Article in American Gas Magazine

"The Impact of Exports," an article by Partner Mark Kalpin, was published in the February 2013 edition of American Gas magazine.... Read More

February 22, 2013

WilmerHale Attorneys Publish Article in Bloomberg BNA's White Collar Crime Report

An article entitled "You May Already Be a Government Agent: United States v. Carson And What Will Turn a Corporate Internal Investigation Into 'State Action'" by Michael Leotta... Read More

February 21, 2013

Massachusetts DOR Issues Draft Directive on "Cloud Computing"

The application of sales and use taxes (collectively referred to herein as the “sales tax”) to services and products provided in what is called the “cloud” (often referred to...

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February 20, 2013

Selected 2013 M&A Transactions

In 2012, we advised clients throughout the United States and Europe on more than 100 M&A transactions with an aggregate value of approximately $15 billion, providing guidance... Read More

February 20, 2013

Selected 2013 Public Offerings and Rule 144A Placements

In 2012, we handled more than 30 public offerings and Rule 144A placements raising approximately $10 billion, for leading companies in life sciences, technology, financial services,... Read More

February 20, 2013

Selected 2013 Venture Financings As Company Counsel

In 2012, we served as counsel in more than 200 venture financings raising approximately $1.5 billion, including some of the largest and most prominent deals of the year.... Read More

February 20, 2013

Jamie Gorelick Helps Lead ABA to Approve New Ethics Guidelines

The American Bar Association’s (ABA) House of Delegates met on February 11 at its Mid-Year Meeting to vote on the final four resolutions proposed by the ABA’s Commission on... Read More

February 20, 2013

Cephalon Victorious in ANDA Litigation

Last week, the Federal Circuit issued a favorable decision on behalf Cephalon, Inc., an international biopharmaceutical company and WilmerHale client, in its case against Watson... Read More

February 15, 2013

Jurisdictional Mix-and-Match: Vitro, Elpida and Fairfield Demonstrate the Uncertainties of Cross-Border Bankruptcy for US Bondholders and Buyers

Seasoned participants in the world of cross-border insolvency recognize the inherent complications when US and non-US insolvency laws must be reconciled—for example, when a... Read More

February 13, 2013

President Obama Issues Cybersecurity Executive Order

President Obama yesterday signed an Executive Order aimed at improving the cybersecurity of the country’s critical infrastructure (“CI”).1 The Order: (i) directs the National Institute... Read More