Publications & News

Publications

December 23, 2014

Recent Insider Trading Decision

On December 10, the US Court of Appeals for the Second Circuit issued an opinion in United States v. Newman that could be the most consequential insider trading decision in... Read More

December 23, 2014

New US and EU Russia Sanctions Legislation and Embargo Against Crimea

On December 18, US President Barack Obama signed into law the Ukraine Freedom Support Act (UFSA),1 which either imposes, or gives the President the authority to impose, a range... Read More

December 23, 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

December 23, 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

December 23, 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

December 22, 2014

Keeping Current with Form 8-K: A Practical Guide 2014

We have prepared this Guide to assist public companies in understanding and complying with the Form 8-K reporting requirements. This Guide describes Form 8-K primarily from the... Read More

December 17, 2014

USPTO Issues Updated Guidance on Patent Subject Matter Eligibility

The United States Patent and Trademark Office (USPTO) has issued updated guidance laying out the USPTO’s interpretation of the subject matter eligibility requirements of 35... Read More

December 15, 2014

SEC Requests Comment on NMS Plan to Implement Tick Size Pilot Program for Small Cap Stocks

In June, the Securities and Exchange Commission issued an order directing the national securities exchanges and the Financial Industry Regulatory Authority act jointly in developing... Read More

December 12, 2014

A Practitioner's Guide to Post-Octane Fitness Decisions: The New Landscape of Section 285 Attorney Fees

An article by Amanda L. Major and Jonathan Uffelman, published in the December 12, 2014 issue of BNA's Patent, Trademark & Copyright Journal.... Read More

December 11, 2014

Inter Partes Review And A Soon-To-Expire Patent

An article by Don Steinberg, Yung-Hoon Ha and Natalie Pous, published by Law360 on December 11, 2014.... Read More

December 10, 2014

Limiting the Background Noise: Investor Motivation and Identity in Bankruptcy

An article by Allison Hester-Haddad and Danielle D’Onfro, published in the American Bankruptcy Institute Journal, Vol. XXXIII, No. 12, December 2014.... Read More

December 9, 2014

Growing Bitcoin Regulations and its Constituencies

An article by Elijah Alper, published on December 9, 2014 by DCBar.org. ... Read More

December 8, 2014

A Prescription for the New Massachusetts Sick Leave Law

On November 4, 2014, Massachusetts voters decisively approved a ballot question requiring employers to provide sick leave to employees, adding Massachusetts to a growing list... Read More

December 8, 2014

Federal Circuit Patent Updates - December 2014

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

December 5, 2014

Provigil and Nexium: Conflicting Conclusions About Accelerated Entry Provisions in Hatch-Waxman Settlements

An article by Mark Ford, Peter Spaeth and Dana Burwell, published in the December 2014 edition of Bloomberg BNA's Pharmaceutical Law & Industry Report, Vol. 12, No. 1659.... Read More

December 3, 2014

Statistical sampling on the rise in False Claims Act cases

An article by Matthew Benedetto published in the November 20, 2014 edition of the Daily Journal.... Read More

December 2, 2014

Arbitration: Big Pharma, Big Player

An article by Franz Schwartz and Santiago Bejarano published in the November–December 2014 edition of Commercial Dispute Resolution.... Read More

December 1, 2014

What Do You Do with an Inconsistent Jury Verdict?

An article by Sanket Bulsara, Chris Casamassima and Laura Schwalbe, published in the Fall 2014 edition of American Bar Association’s Section of Litigation Trial Practice newsletter,... Read More

November 30, 2014

SEC Enforcement Actions Emphasize Importance of Stock Ownership Reporting Obligations for Public Companies and Insiders

An article by Meredith Cross, Douglas Davison, Cynthia Mazareas and Knute Salhus, published in the November 2014 edition of Business Law Today.... Read More

November 25, 2014

FERC Annual Enforcement Report Underscores the Importance of Effective Compliance Programs

Last week, the Federal Energy Regulatory Commission (FERC) released its annual report on enforcement.... Read More

November 25, 2014

2014 IBA Guidelines On Conflicts of Interest In International Arbitration

An article by John Pierce and James Carter, published in the New York Law Journal on November 17, 2014.... Read More

November 25, 2014

Russia and the CIS: eastern approaches

An article by Steven Finizio and Kenneth Beale, appearing in Commercial Dispute Resolution, Vol. 5, Issue 5, pp. 18-22, September–October 2014.... Read More

November 24, 2014

US and China Agree to Reduce Tariffs and Expand High-Tech Trade Through the Information Technology Agreement

The United States and China last week announced a breakthrough bilateral understanding regarding negotiations to expand the scope of the Information Technology Agreement.... Read More

November 24, 2014

Federal Circuit Patent Updates - November 2014

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

November 21, 2014

CFPB Calls for Changes to Mortgage Servicing with Proposed Rule

On November 20, 2014, the Consumer Financial Protection Bureau proposed changes to the rules governing mortgage servicing and foreclosures—Regulation X, which implements the... Read More

November 19, 2014

Korean Commercial Arbitration Board: An Interview with Gary Born

Gary Born, chair of the firm's International Arbitration Practice Group and the world's preeminent authority on international commercial arbitration and international litigation, participates... Read More

November 19, 2014

Scalia’s Deference Argument Could Have Dramatic Effects

An article by Matthew Martens, Michael Mugmon, Jaclyn Moyer and Saurabh Sangvhi, published by Law360 on November 18, 2014.... Read More

November 19, 2014

Tips for Dealing with Competing IPR and ITC Deadlines

An article by Partner James Dowd and former Counsel Jacob Oyloe, published by Law360 on November 19, 2014.... Read More

November 17, 2014

Afterword: Lorain Journal and the Antitrust Legacy of Robert Bork

An article by Leon Greenfield published in the American Bar Association’s Antitrust Law Journal in November 2014. Greenfield served as co-editor for the Bork Symposium.... Read More

November 17, 2014

CFPB Releases Long-Awaited Proposal on Prepaid Account Products

On November 13, 2014, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule to extend certain federal consumer protections to the prepaid market.... Read More

November 17, 2014

Proposed Prepaid Rule Unlikely To Stem Growth

An article by Franca Harris Gutierrez, Bradford Hardin and Maury Riggan, published by Law360 on November 17, 2014.... Read More

November 14, 2014

EU Legislates to Encourage Private Antitrust Damages Claims

On November 10, the EU Council adopted a Directive “on certain rules governing actions for damages under national law for infringements of the competition law provisions of... Read More

November 13, 2014

Standard-Essential Patents and US Antitrust Law: Light at the End of the Tunnel?

A chapter co-authored by Leon Greenfield, Hartmut Schneider and Perry Lange, published in the International Bar Association's Communications and Competition Law: Key Issues in... Read More

November 12, 2014

FRAND Royalty Disputes: A New Challenge for International Arbitration?

A chapter authored by James H. Carter in Contemporary Issues in International Arbitration and Mediation, The Fordham Papers 2013.... Read More

November 10, 2014

The rise of white collar wiretaps

An article by Michael Mugmon and Tim Perry, published in the November 10, 2014 edition of the Daily Journal.... Read More

November 10, 2014

DOJ Obtains Fines and Disgorgement for Premerger Coordination in Flakeboard/SierraPine Transaction

In a stark reminder that the US antitrust agencies continue to take illegal premerger coordination—commonly known as “gun jumping”—very seriously, two producers of medium density... Read More

November 6, 2014

Gary Born Delivers 2014 Lalive Lecture, “A New Generation of International Adjudication: Reflections on Developments in International Law” in Geneva

The annual Lalive lecture series provides a forum for intellectual reflection on developments in the interface between public and private international law.... Read More

November 4, 2014

Should Old Subpoena Compliance Rules Apply in the Digital Age?

An article by Douglas Davison, Peter Vigeland and Thomas Kessler, published in the November 3, 2014 edition of the New York Law Journal.... Read More

November 4, 2014

FINRA to Intensify Scrutiny of Cybersecurity Practices at Brokerage Firms

Reuters recently reported that the Financial Industry Regulatory Authority (FINRA) "plans to intensify its scrutiny of cybersecurity practices at brokerage firms in 2015 and... Read More

November 1, 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

November 1, 2014

European Commission adopts Revised De Minimis Notice and Provides Guidance on “by object” Restrictions of Competition

An article by Frédéric Louis and Takeshige Sugimoto published in the November 1, 2014 edition of the Journal of the Japanese Institute of International Business Law, Vol. 24,... Read More

October 31, 2014

Stays to Litigation Pending Third-Party IPR and CBM Review

An article by Gregory Lantier and Robert Arcamona published in Intellectual Property Today's October 2014 issue.... Read More

October 30, 2014

Modern Curtain Walls: 4 Simple Steps to Avoiding Costly Disputes & Performance Problems

An article by Brent Gurney and Andrew Cohn, published by Commercial Property Executive on October 30, 2014.... Read More

October 28, 2014

What is the Statute of Limitations for a UDAAP Claim Under the Federal Consumer Financial Protection Act?

An article by Matt Martens, Jamie Dycus and Daniel Kearney, published in the October 28, 2014 edition of Bloomberg BNA's Banking Report, Vol. 103, No. 891.... Read More

October 28, 2014

Federal Circuit Patent Updates - October 2014

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

October 27, 2014

United States: handling internal investigations

WilmerHale attorneys from the Investigations and Criminal Litigation and Securities Litigation and Enforcement Practices co-authored a chapter in the inaugural edition of Global... Read More

October 24, 2014

New Restrictions On Int'l Trade In Genetic Resources

An article by WilmerHale Partner Bruce Manheim, published in the October 24, 2013 edition of Law360.... Read More

October 24, 2014

Regal Entertainment Beats Antitrust Lawsuit Over Exclusivity Pacts With Big Studios

An article published on October 24, 2014, in Hollywood Reporter on the "clearance" case ruling in favor of WilmerHale client Regal Entertainment Group.... Read More

October 24, 2014

A Nuclear Deal Might Not Set Off an Iranian Business Boom

An article quoting Katrina Carroll, published by Foreign Policy.... Read More

October 22, 2014

Microbes, Mice and Minefields: Unique Issues in Developing and Leasing Life Science Facilities

An article by William O'Reilly, published by the American College of Real Estate Lawyers.... Read More