Publications | WilmerHale

Publications

May 21, 2012	Q&A With WilmerHale's Lia Der Marderosian An article profiling Partner Lia Der Marderosian published in the April 26, 2012 edition of Life Sciences Law360.
May 18, 2012	Purchaser of Trade Claims Takes Subject to Disallowance Based on Sellers' Failure to Repay Preference Liability
May 15, 2012	CFTC Proposes Order Further Extending Implementation of Certain Provisions of the Swap Regulatory Regime
May 15, 2012	United States to Resume Bilateral Investment Treaty Negotiations on the Basis of a Revised Model Treaty
May 9, 2012	Recent Trends in Foreign Corrupt Practices Act Sentencing An article by Roger M. Witten, Kimberly A. Parker and Jay Holtmeier originally published by LexisNexis.
May 9, 2012	Department of Justice to Merging Parties: Altering 4(c) Documents May Land You in Jail
May 8, 2012	New York's Highest Court Addresses State False Claims Act for First Time; Holds that Federal Law Preempts its Application to DHL Delivery Fees
May 7, 2012	Preparing for the Deluge: How to Respond When Employees Speak Up and Report Possible Compliance Violations An article by William McLucas, Laura Wertheimer and Arian June, published in Bloomberg BNA Securities Regulation & Law Report, Vol. 44, No. 922.
May 4, 2012	Bureau of Land Management Releases Draft Regulations Governing Hydraulic Fracturing on Federal Lands
May 4, 2012	The SEC and CFTC Issue Joint Rules Further Defining Swap Dealers and Major Swap Participants
May 3, 2012	CFTC’s Rulemaking on the Segregation of Cleared Swaps Customer Collateral: LSOC and Beyond An article co-written by Paul M. Architzel and Petal P. Walker, published in Futures & Derivatives 2011: Impact of New Legislative & Regulatory Reforms, the 2011 New York Bar Conference publication.
May 3, 2012	US and UK Regulators Provide Guidance on Anti-Corruption Controls
May 3, 2012	New Director to Refocus SFO Following Critical OECD Report on Bribery Enforcement
May 2, 2012	UK Proposals to Increase Private Enforcement of Competition Law
May 2012	Major Events and Policy Issues in EU Competition Law, 2010–2011 (Part 1) An article by John Ratliff, first published by Sweet & Maxwell in International Company and Commercial Law Review, Issue 4, 2012 and reproduced by agreement with the publishers.
May 2012	Major Events and Policy Issues in EU Competition Law, 2010–2011 (Part 2) An article by John Ratliff, first published by Sweet & Maxwell in International Company and Commercial Law Review, Issue 4, 2012 and reproduced by agreement with the Publishers.
April 27, 2012	NLRB Notice-Posting Rule Postponed Pending Appeal
April 25, 2012	DC Circuit Requires Fairness Hearing Where Relator Objects to False Claims Act Settlement The Court of Appeals for the DC Circuit ruled last week that the United States cannot settle a qui tam action over a relator's objection without a judicial finding that the proposed settlement is fair, adequate, and reasonable under the circumstances. The decision will potentially complicate efforts by the government and defendants to resolve cases under the False Claims Act, especially those with little merit or damage to the government.
April 23, 2012	New York Attorney General Files First-of-its-Kind Lawsuit, Casting Spotlight on Recent Developments in State and Local False Claims Acts
April 23, 2012	Developing an OCI Game Plan: Taking Ownership of Your Career from the Start An article by Douglas Curtis and Jay Holtmeier, published in the April 23, 2012 edition of New York Law Journal.
April 19, 2012	Massachusetts DOR Revises Its Proposed Directive on Restrictions on Pledges of Security Corporation Stock
April 17, 2012	FSA Review into Anti-Bribery and Corruption Systems and Controls in Investment Banks
April 12, 2012	US V. Nosal — Implications For CFAA Cases An article by Jonathan Cedarbaum, Randolph Moss, Benjamin Powell, Patrick Carome, Steven Lehotsky and Jason Chipman, appearing in the April 12, 2012 edition of Law360 California, Technology, Intellectual Property, Employment, Appellate, White Collar and Privacy & Consumer Protection. To view the full article click here.
April 11, 2012	En Banc Ninth Circuit's Nosal Decision Restricts Computer Fraud and Abuse Act's Reach
April 3, 2012	A New Director For The UK's Serious Fraud Office An article by StephenPollard and Elly Proudlock, published in Law360's White Collar, Competition and International Trade sections. To view the article, click here.
April 2, 2012	UPDATE: Lower Courts Interpret the Supreme Court's Decision in Janus Capital Group, Inc. v. First Derivative Traders Last summer, the Supreme Court held, in Janus Capital Group, Inc. v. First Derivative Traders, Inc., that a defendant may only be held liable for securities fraud in a private action brought under Rule 10b-5(b) of the Securities Exchange Act of 1934 if it was the "person or entity with ultimate authority" over the alleged misstatement. This alert examines the divergent paths that the lower courts have taken in applying the Janus decision.
April 2, 2012	UK Government Proposes Changes to Competition Laws, Including Criminal Cartel Offence
2012	Technological 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 technical and scientific fields.
April 2012	An Innovative Approach to Teaching Innovation An article by Leon Greenfield and Hartmut Schneider, published in the April 2012 edition of The Antitrust Source.
March 30, 2012	Recent Developments: Consumer Financial Protection Bureau A presentation delivered by Reginald Brown delivered to The Banking Institute, University of North Carolina School of Law Center for Banking and Finance, on March 30, 2012. The presentation was prepared by Brown, Eric Mogilnicki and Elijah Alper.
March 28, 2012	The STOCK Act: More Questions Than Answers? On March 22, the United States Senate passed the "Stop Trading on Congressional Knowledge Act of 2012," or "STOCK Act." Although the Act does not include a much-discussed provision that would have required registration of "political intelligence" firms, its insider trading provisions still raise many interpretive questions, including ones that will directly affect private citizens speaking with Members of Congress and their staff members.
March 27, 2012	Congress Passes New Capital Formation Legislation
March 22, 2012	Supreme Court Holds Prometheus Patent Claims Invalid
March 19, 2012	The SEC's Longstanding "Neither Admit Nor Deny" Settlement Policy is Supported by Second Circuit Decision Granting Stay
March 14, 2012	H-1B Visa Cap Opens April 1
March 13, 2012	When Should My Bioscience Startup Move Out of the Academic Lab? An article by Jennifer C. Berrent, Joshua Fox and Inga Goldbard, published on NYC Tech Connect and the EIR for NYC's blog.
March 12, 2012	Get Ahead of the Bus or Be Hit by the Bus: Practical Strategies for Meeting the Challenges and Mitigating the Risks of the Dodd-Frank Whistleblower Program An article by William McLucas, Laura Wertheimer and Arian June, published in Bloomberg BNA Securities Regulation & Law Report, Vol. 44, No. 526.
March 9, 2012	Unsuccessful Successors? Limits on Bankruptcy Sales "Free and Clear" of Successor Liability
March 5, 2012	Go Beyond Basic Principal and Interest An article by George W. Shuster, Jr., James H. Millar and Meg McKenzie Feist, published in New York Law Joural's Corporate Restructuring and Bankruptcy special section.
March 1, 2012	Pricing and Reimbursement for Pharmaceuticals in the European Union: European Commission Proposes Revised Transparency Directive
March 1, 2012	A New Director for the UK's Serious Fraud Office
March 2012	Selected 2011 Venture Financings As Company Counsel In 2011, we served as counsel in more than 200 venture financings raising over $1.5 billion, including some of the largest and most prominent deals of the year.
March 2012	Selected 2011 Public Offerings and Rule 144A Placements In 2011, we handled more than 30 public offerings and Rule 144A placements raising over $15 billion, for leading companies in life sciences, technology, financial services, communications and other industries.
March 2012	Selected 2011 M&A Transactions In 2011, we advised clients throughout the United States and Europe on more than 100 M&A transactions with an aggregate value in excess of $50 billion, providing guidance in areas including corporate, securities, antitrust and tax.
February 24, 2012	Impact of Proposed FATCA Regulations on Private Investment Funds
February 24, 2012	FINRA Now Authorized to Seek SARs Materials from Member Broker-Dealers
February 23, 2012	District Court Holds Mandatory $50 Million False Claims Act Civil Penalty Unconstitutionally Excessive; Finds Itself Powerless To Impose Lesser Penalty