Publications & News

Publications

April 22, 2014

SEC To Examine Cybersecurity Preparedness at More Than 50 Registered Broker-dealers and Investment Advisers

On April 15, 2014, the Securities and Exchange Commission's Office of Compliance Inspections and Examinations issued a "Risk Alert" announcing steps being taken to assess cybersecurity... Read More

April 22, 2014

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 22, 2014

SEC Staff Issues First Set of FAQs on Rule 15c3-5, Risk Management Controls for Brokers or Dealers with Market Access

On April 15, 2014, the Staff of the SEC’s Division of Trading and Markets issued its first set of frequently asked questions (FAQs) regarding Rule 15c3-5 under the Securities Exchange... Read More

April 21, 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

April 21, 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

April 21, 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

April 21, 2014

MOFCOM to Publicize Administrative Penalties for Illegal Implementation of Concentrations

To increase the incentives for compliance in the name of transparency of law enforcement, China’s Ministry of Commerce (“MOFCOM”) has decided to publicize its decisions to penalize... Read More

April 16, 2014

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 16, 2014

Whistleblower Working Group Members Publish Series on Mitigating Risks under Dodd-Frank Act

Members of WilmerHale's Dodd-Frank Whistleblower Working Group recently published an article series in the January and April editions of Bloomberg BNA's Securities Regulation &... Read More

April 15, 2014

Federal Circuit Patent Updates - April 2014

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

April 14, 2014

Attorneys Caught in the Ethical Crosshairs: Secretkeepers as Bounty Hunters
Under the SEC Whistleblower Rules

An article by William McLucas, Laura Wertheimer and Arian June, published in the April 14, 2014 edition of Bloomberg BNA's Securities Regulation & Law Report, Vol. 46, No.... Read More

April 11, 2014

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

Among the many tools the Bankruptcy Code provides a debtor in bankruptcy is the ability to assume and reject executory contracts and unexpired leases. This powerful tool is... Read More

April 9, 2014

Testify First, Know Why Later: Responding to Civil Investigative Demands for Testimony in False Claims Act Cases

An article by Karen Green and James Fauci, published in the April 2014 edition of Financial Fraud Law Report.... Read More

April 7, 2014

High Level Patent Reform

A guest post featured on Patently-O, written by Ken Salazar and Quentin Palfrey, published on April 7, 2014.... Read More

April 7, 2014

Department of Justice Obtains First Litigated Extradition for Antitrust Violations

On April 4, 2014, the United States Department of Justice’s Antitrust Division announced the first successful extradition of a foreign national to the United States to stand trial... Read More

April 4, 2014

Reforms to China's Company Registration Law

Both the amended Company Law and the amended Registration Regulations took effect on March 1, 2014. These reforms create a simplified and more capital-efficient registration system... Read More

April 4, 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

April 4, 2014

Some prefer litigation when the SEC calls

An article by Michael Mugmon and Chris Johnstone, published in the April 4, 2014 edition of The Daily Journal.... Read More

April 1, 2014

Important Changes to the UK’s Competition Regime

Changes to UK Competition Law: As from today, the prosecution no longer needs to prove dishonesty to convict an individual of the criminal cartel offence in the UK. The change is... Read More

April 1, 2014

Sanctions and Trade Update: Russia and Ukraine

In response to recent events in Ukraine, the United States, the European Union, Canada, Switzerland, and other nations have adopted a series of targeted asset freezes and travel... Read More

April 1, 2014

First EU Anti-Corruption Report: What it Means for Business

EU Member States have in place most of the necessary legal instruments to prevent and fight corruption. However, the enforcement results are not always satisfactory. With its... Read More

March 31, 2014

Federal Circuit Patent Updates - March 2014

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

March 28, 2014

SAIC Announces Beginning of Revision Process to Anti-Unfair Competition Law

China's State Administration for Industry and Commerce (SAIC) has announced that it has formally begun the task of revising the Anti-Unfair Competition Law (AUCL). SAIC's Anti-Monopoly... Read More

March 28, 2014

Motorola Mobility v. AU Optronics: Seventh Circuit Curtails Liability for Foreign Component Sales in International Cartel Cases

Yesterday, the United States Court of Appeals for the Seventh Circuit issued an important opinion in Motorola Mobility LLC v. AU Optronics Corp., No. 14-8003, 2014 WL 1243797 (7th... Read More

March 26, 2014

European Commission’s New Rules on Application of EU Competition Law to Licenses, Settlement Agreements and Patent Pools

On 21 March, the European Commission published the final version of its revised Block Exemption Regulation and Guidelines on the application of Article 101(3) of the Treaty on... Read More

March 26, 2014

SEC Approves New Consolidated FINRA Supervision Rules and FINRA Establishes an Effective Date

Last week, FINRA issued a Regulatory Notice describing changes to its supervision rules and announcing an effective date of December 1, 2014.... Read More

March 25, 2014

Minding the Monitor: Disclosure of Corporate Monitor Reports to Third Parties

An article by Karen Green and Timothy Saunders, published in the March 25, 2014 edition of Bloomberg BNA's The United States Law Week.... Read More

March 25, 2014

2014 IPO Report

Our 2014 IPO Report offers a detailed analysis of, and outlook for, the IPO market. The report features regional breakdowns; useful IPO market metrics; an update on the pros, cons... Read More

March 14, 2014

Your Health Care Options: A Guide to Health Insurance in Massachusetts

Despite Massachusetts having the lowest percentage of uninsured individuals
in the US, many still remain without health insurance. This guide provides information to help individuals...
Read More

March 14, 2014

Planning for Long Term Care in Massachusetts

Navigating long term care choices can be quite complex. This guide provides an overview of the many types of programs and payment methods available to people in Massachusetts.... Read More

March 13, 2014

Supreme Court Issues Decision Analyzing Whether Misrepresentation is “in Connection with” Purchase or Sale of Covered Security

On February 26, 2014, in Chadbourne & Parke LLP v. Troice et al.,1 the Supreme Court narrowed the definition of “in connection with” as that term is used in the Securities Litigation... Read More

March 12, 2014

Top Five SEC Enforcement Events in 2013

An article by William McLucas, Douglas Davison and Lesley Fredin, published in the March 2014 edition of Financial Fraud Law Report.... Read More

March 11, 2014

U.S. Supreme Court Holds that Arbitrators, Not Courts, are Entitled to Interpret Local Litigation Requirements in Bilateral Investment Treaties

On March 5, the U.S. Supreme Court held in BG Group PLC v. Republic of Argentina, --- S.Ct. ---, 2014 WL 838424 (March 5, 2014) that local litigation requirements in bilateral investment... Read More

March 11, 2014

US Supreme Court Upholds Broad Scope of Sarbanes-Oxley Act Whistleblower Protection

Last week, the US Supreme Court issued an important decision addressing whether Section 806 of the Sarbanes-Oxley Act of 2002 (SOX) (codified at 18 U.S.C. § 1514A) limits protection... Read More

March 10, 2014

Ideas for Reforming the False Claims Act

An article by David Ogden and Jonathan Cedarbaum, published in the March 10, 2014 edition of Corporate Counsel.... Read More

March 6, 2014

Stays to Litigation Pending IPR and CBM Review: Statistics, Trends, and Key Issues

An article written by David Cavanaugh and Robert Arcamona, published in the March 2014 edition of Intellectual Property Today.... Read More

March 6, 2014

Law v. Siegel: The End of Equitable Disallowance?

Bankruptcy courts have divided over the question of whether a creditor's otherwise valid claim may be "equitably disallowed" on account of the creditor's inequitable conduct. The... Read More

March 6, 2014

Tips On Objections To Evidence In Post-Grant Proceedings

An article written by David Cavanaugh, published by Law360 as the final article in a series of IPR-related articles authored by the firm.... Read More

March 3, 2014

Selected 2014 Public Offerings and Rule 144A Placements

In 2013, we handled more than 40 public offerings and Rule 144A placements raising approximately $20 billion, for leading companies in life sciences, technology, financial services,... Read More

March 3, 2014

Selected 2014 Venture Financings As Company Counsel

In 2013, we served as counsel in more than 300 venture financings raising approximately $2.5 billion, including some of the largest and most prominent deals of the year.... Read More

March 3, 2014

Selected 2014 M&A Transactions

In 2013, we advised clients throughout the United States and Europe on more than 75 M&A transactions, providing guidance in areas including corporate, securities, antitrust and... Read More

March 1, 2014

Interview with Gary Born on International Commercial Arbitration

Please join us for a live interview with Gary Born on the forthcoming second edition of International Commercial Arbitration, presented in conjunction with Wolters Kluwer. Read More

March 1, 2014

In Need of Correction: How the Army Board for Correction of Military Records Is Failing Veterans with PTSD

An article by Rebecca Izzo, published in the March 2014 edition of The Yale Law Journal, Vol. 123, No. 5.... Read More

February 28, 2014

Federal Circuit Patent Updates - February 2014

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

February 26, 2014

Maxi Scherer Appointed Global Professor at NYU Law Abroad in Paris

We are proud to announce that Special Counsel Dr. Maxi Scherer has been appointed as a Global Professor in the NYU Law Abroad program in Paris. The NYU Law Abroad program gives... Read More

February 25, 2014

Lawyer Monthly Features Q&A Profile of Partner Jim Lowe

A Q&A profile with Partner Jim Lowe, published in the February 2014 edition of Lawyer Monthly, page 44.... Read More

February 24, 2014

UK Deferred Prosecution Agreements: A Practical Guide

The introduction of Deferred Prosecution Agreements in the UK has been hotly anticipated and the law finally comes into force today.... Read More

February 24, 2014

Fourth Circuit Holds cGMP Violations Do Not Create False Claims Under Medicare and Medicaid

In the first appellate decision of its kind, the U.S. Court of Appeals for the Fourth Circuit held on February 21, that because compliance with the Food and Drug Administration’s Current... Read More

February 20, 2014

China Establishes Expedited Preliminary Merger Review Procedure

Companies subject to a merger notification obligation in China have long been frustrated by the extensive delays beyond the 30-day Phase 1 period even for simple, non-controversial transactions.... Read More

February 20, 2014

Update: SEC's Financial Reporting and Audit Task Force

On February 11, Margaret McGuire, Vice Chair of the US Securities and Exchange Commission's (SEC) Financial Reporting and Audit Task Force (Task Force), participated in a DC... Read More