Publications & News

Publications

December 14, 2017

Just a little bit of history repeating: Has the UK reached a familiar juncture in respect of the detection, investigation and prosecution of serious and complex cybercrime?

A blog post by Lloyd Firth, published on the WilmerHale W.I.R.E. UK blog. Read More

December 5, 2017

Environmental Protection Agency Will Not Pursue Financial Assurance Rule for Hardrock Mining

On December 1, the Environmental Protection Agency announced that it will not promulgate a final rule requiring hardrock mining facilities (i.e., facilities for the... Read More

December 5, 2017

Can Juries Decide Patent Eligibility Under 35 U.S.C. § 101?

An article by Partner Greg Lantier and former Senior Associate Richard Crudo, published by the Federal Circuit Bar Journal, Vol. 27, No. 1.  Read More

December 4, 2017

EU Commission Publishes Major IP Package: Guidance Given on the EU Approach to SEPs and on the EU IP Enforcement Directive

Last week, the EU Commission published a number of important documents on IP. The documents include (i) a communication paper “Setting out the EU approach to Standard... Read More

December 1, 2017

Can an Industry Group Appeal an Unfavorable IPR Decision?

An article by Intellectual Property Department Chair Don Steinberg and Associate Vera Shmidt, published in Bloomberg Law's Patent, Trademark and Copyright Journal on... Read More

November 30, 2017

Federal Circuit Patent Updates - November 2017

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

November 29, 2017

DOJ Announces New FCPA Corporate Enforcement Policy

Today, “[d]ue to the unique issues presented in FCPA matters,” Deputy Attorney General Rod Rosenstein announced a new FCPA corporate enforcement policy published in a... Read More

November 29, 2017

FERC Ramps Up Investigations Amid Leadership Change

On November 16, 2017, the Office of Enforcement at the Federal Energy Regulatory Commission released its annual Report on Enforcement. The report contains data on... Read More

November 29, 2017

US Department of the Treasury: A Financial System That Creates Economic Opportunities—Capital Markets

In October 2017, the US Department of the Treasury (Treasury) published a report titled “A Financial System That Creates Economic Opportunities” (Treasury Report).... Read More

November 20, 2017

Jumping Into the Deep End: Amendment Practice Post-Aqua Products

In this article published by Bloomberg Law's Patent, Trademark & Copyright Journal, authors David Cavanaugh and Michael Smith provide context for issues discussed in... Read More

November 20, 2017

Patent Law and the Supreme Court: Patent Certiorari Petitions Denied in 2017

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

November 20, 2017

Patent Law and the Supreme Court: Patent 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... Read More

November 20, 2017

Patent Law and the Supreme Court: Patent 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... Read More

November 17, 2017

Legal Considerations in Pre-IPO Crossover Financings

In this article published by Bloomberg Law's Corporate Law & Accountability Report, authors Lia Der Marderosian and Ryan Mitteness explain that while late-stage... Read More

November 17, 2017

Remands From the Federal Circuit Back to the Patent Trial and Appeal Board: Are They a “Redo” or Something More Limited?

The Court of Appeals for the Federal Circuit, the reviewing court for the decisions issued by the Patent Trial and Appeal Board, has handled over 1,000 appeals from the... Read More

November 16, 2017

Advocacy in International Sport Arbitration

A chapter written by James Carter, published in Global Arbitration Review: The Guide to Advocacy. Read More

November 16, 2017

CFPB Examinations and Investigations: Defense Strategies and Best Practices

An article by Franca Harris Gutierrez, Bradford Hardin, Jr. and Thomas Kost, published in Practical Law, examines the Consumer Financial Protection Bureau's examination... Read More

November 16, 2017

Opening Submissions

A chapter by Franz Schwarz, published in Global Arbitration Review: The Guide to Advocacy, provides an overview of topics and techniques to consider in the preparation... Read More

November 16, 2017

The US Revises Commercial and Travel Sanctions Against Cuba

The US Departments of the Treasury and Commerce implemented President Trump's June 2017 National Security Presidential Memorandum that was designed to tighten... Read More

November 10, 2017

Serendipity and Internet Law: How the 'Zeran v. AOL' Landmark Almost Wasn't

In this article published in The Recorder, co-author Patrick Carome discusses the landmark ruling in Zeran v. AOL, a pillar of the legal framework that has permitted... Read More

November 10, 2017

The failure to prevent tax evasion

A blog post by David Rundle and Chloe Salter, published on the WilmerHale W.I.R.E. UK blog and by Compliance Monitor. Read More

November 9, 2017

Key Takeaways From WilmerHale's Recent Women in Energy and Infrastructure Conference

On November 2, WilmerHale held its inaugural Women in Energy and Infrastructure–Powering the Future conference in Washington DC. The event and pre-conference dinner drew... Read More

November 9, 2017

Real Parties-in-Interest Discovery in Post-Grant Proceedings

In this article published by Bloomberg Law's Patent, Trademark & Copyright Journal, authors Richard O'Neill and Arthur Shum review the PTAB body of law to date on... Read More

November 8, 2017

A better view of “A Better View”: What Steward's speech tells us about the future of FCA investigations

A blog post by Leila Gaafar, published on the WilmerHale W.I.R.E. UK blog on November 8, 2017. Read More

November 6, 2017

Increasing Role of Objective Indicia of Nonobviousness in AIA Proceedings

In this article published by Bloomberg Law's Patent, Trademark & Copyright Journal, authors Keith Slenkovich and Kevin Yurkerwich direct practitioners to carefully... Read More

November 1, 2017

Argentina's Arbitration Legal Reform: Steps in the Right Direction?

Nicolás Costabile, in this article published by the Kluwer Arbitration Blog, examines the undertaking of economic and political reforms aimed at stimulating private... Read More

November 1, 2017

FERC Proposes Updates to Critical Infrastructure Protection Standards for Cybersecurity of Low Impact Bulk Electric System Operators

The Federal Energy Regulatory Commission published a notice of proposed rulemaking on October 26, suggesting updates to the Critical Infrastructure Protection... Read More

October 31, 2017

Competition Impact Review to Be Required for All New Chinese Regulations

China's three Anti-Monopoly Law enforcement agencies—the National Development and Reform Commission, the Ministry of Commerce, and the State Administration for Industry... Read More

October 30, 2017

Federal Circuit Patent Updates - October 2017

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

October 26, 2017

The Art of Projecting Budgets for Litigation Alternative Fee Arrangements

Timothy Perla and Zack Beasley authored this article, published in Bloomberg Law's Corporate Law & Accountability Report, exploring projecting budgets for litigation... Read More

October 24, 2017

China's 19th National Party Congress

Communist Party General Secretary Xi Jinping opened the Party's quinquennial 19th National Congress on October 18 with a clearly delivered, 86-page,... Read More

October 24, 2017

My Supreme Court Debut: A Birthday I’ll Never Forget

In this article, part of Law360's Expert Analysis series, Catherine Carroll reflects on her first time standing before the US Supreme Court justices.  Read More

October 20, 2017

New Book: Supreme Law of the Land? Debating the Contemporary Effects of Treaties Within the United States Legal System

The book explores how treaties function in the US legal system and is edited by Gregory H. Fox, Paul R. Dubinksy and Brad R. Roth, and includes a concluding chapter by... Read More

October 18, 2017

Ninth Circuit Requires US to Pay Defense Contractor Cleanup Costs

On October 4, the Ninth Circuit reversed the District Court for the Southern District of California's decision to allocate to a government contractor 100 percent of... Read More

October 17, 2017

Culture and conduct through the lens of the UK's Senior Managers and Certification Regime

An article by Lloyd Firth and Anna Gaudoin, published by Economia and on the WilmerHale W.I.R.E. UK blog. Read More

October 16, 2017

DOJ Civil Rights Division Intensifies Efforts to Investigate Discrimination Against US Workers

On October 11, 2017, the Department of Justice's Civil Rights Division, Immigrant and Employee Rights Section and the Department of State's Bureau of Consular Affairs... Read More

October 15, 2017

60 Minutes: Redemption

In a 60 Minutes segment that aired on October 15, Seth Waxman shares his reflections as a mentor to Shon Hopwood, a Georgetown Law professor who served 12 years in... Read More

October 12, 2017

SEC Enforcement’s New Leadership and (Likely) Priorities

In this article, published by BoardIQ, Lorraine Echavarria analyzes the focus areas for the Securities and Exchange Commission's new leadership and how those initiatives... Read More

October 11, 2017

Brexit and Data Protection: The UK Government's New Data Protection Bill

The UK government has taken an additional step in its attempts to find a way to ensure uninterrupted data flows between the UK and the EU after Brexit. On 13 September... Read More

October 2, 2017

Wait, I Thought We Were Done? DOJ Challenges $4B Merger Months After HSR Filing and Expiration of the HSR Waiting Period

Earlier this week, the Antitrust Division of the Department of Justice filed a lawsuit seeking to unwind Parker-Hannifin's $4.3 billion consummated acquisition of... Read More

October 2, 2017

Life and Annuity Series: Cost-of-Insurance Charge Litigation – October 2017 Update

Four recent cost of insurance (COI) decisions were handed down over the summer of 2017. Three of these decisions preserved the plaintiffs' claims, even though the... Read More

September 29, 2017

Federal Circuit Patent Updates - September 2017

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

September 29, 2017

SEC Enforcement Actions Under Exchange Act Rule 21F-17

In this article published by the Journal of Investment Compliance, Thomas White analyzes enforcement actions by the Securities and Exchange Commission (SEC) under Rule... Read More

September 27, 2017

New CFTC Enforcement Policy Encourages Self-Reporting

In January of this year, the Commodity Futures Trading Commission's (CFTC or Commission) Division of Enforcement (the Division) issued revised cooperation credit... Read More

September 27, 2017

When the Inevitable Happens: When to Self-Report Securities Law Violations and What to Expect When You Do

In this article, published by The Investment Lawyer, Lorraine Echavarria discusses the benefits of self-reporting violations to the Securities and Exchange Commission... Read More

September 26, 2017

Trump Administration Imposes Broad New Sanctions Against North Korea

Over the past several years, as North Korea has increased the capability of its nuclear and ballistic missile program, there has been a steady increase in sanctions... Read More

September 25, 2017

Court Holds Project Construction Constitutes “Mining” on Tribal Lands

Last week, the United States Court of Appeals for the Tenth Circuit held that excavation work performed by a private company when installing wind turbines constituted... Read More

September 25, 2017

International Arbitration Group Assists Fiji in Adoption of UNCITRAL Model Law on International Commercial Arbitration

On 15 September 2017, the Parliament of the Republic of Fiji enacted the International Arbitration Act 2017. The Act implements the United Nations Convention on... Read More

September 25, 2017

The Abyei Arbitration and the Rule of Law

In this article published by HeinOnline, Gary Born and Adam Raviv examine the widely publicized international arbitration that took place in 2008-2009 to determine the... Read More

September 22, 2017

Why Kokesh Really Matters

In this article published by Law360, Matthew Martens, Jaclyn Moyer and James Lux discuss the inevitable implication of the Supreme Court's reasoning in Kokesh v. SEC. Read More