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May 21, 2013
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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
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May 17, 2013
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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
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May 17, 2013
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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
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May 17, 2013
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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
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May 16, 2013
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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
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May 16, 2013
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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
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May 15, 2013
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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
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May 15, 2013
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Turning on the Gas
An article by Steven Finizio and Sonja Sreckovic, appearing in Commercial Dispute Resolution. ... Read More
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May 14, 2013
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Why Berlin is Europe’s next startup capital
An article by Peter Buckland, originally published in VentureBeat's Entrepreneur channel.... Read More
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May 14, 2013
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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
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May 13, 2013
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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
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May 13, 2013
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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
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May 13, 2013
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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
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May 10, 2013
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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
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May 6, 2013
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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
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May 6, 2013
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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
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May 6, 2013
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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
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May 6, 2013
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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
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May 3, 2013
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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
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May 1, 2013
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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
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April 29, 2013
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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
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April 26, 2013
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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
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April 25, 2013
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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
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April 24, 2013
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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
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April 23, 2013
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Data Security Considerations for FinTech Companies
An article by Ian C. Wildgoose Brown, appearing in the Bloomberg Law Banking Report.... Read More
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April 22, 2013
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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
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April 19, 2013
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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
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April 17, 2013
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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
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April 17, 2013
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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
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April 17, 2013
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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
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April 17, 2013
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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
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April 17, 2013
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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
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April 17, 2013
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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
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April 17, 2013
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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
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April 15, 2013
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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
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April 10, 2013
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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
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April 9, 2013
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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
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April 9, 2013
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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
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April 5, 2013
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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
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April 1, 2013
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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
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April 1, 2013
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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
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April 1, 2013
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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
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March 29, 2013
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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
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March 28, 2013
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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
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March 27, 2013
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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
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March 25, 2013
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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
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March 22, 2013
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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
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March 22, 2013
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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
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March 20, 2013
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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
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March 20, 2013
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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
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