Publications & News

Publications

August 16, 2017

Inside WilmerHale’s Approach to Matter Management for IP

Outside counsel use matter management tools for a plethora of reasons—from creating budgets, to managing the progress of matters, to measuring staffing levels—all in an... Read More

August 15, 2017

Less 'boondoggle', more 'fair, reasonable and proportionate': the use of corporate monitors in UK Deferred Prosecution Agreements

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

August 14, 2017

Massachusetts Issues Proposed Regulations Requiring Remote Sellers to Collect Sales Tax

We previously reported to you that the Massachusetts Department of Revenue (DOR) had revoked Directive 17-1 requiring the collection of Massachusetts sales and use taxes... Read More

August 9, 2017

5 Questions to Ask Before Entering Joint-Representation AFA

Partners Gregory Lantier, Natalie Hanlon Leh and Mindy Sooter have published a six-part series aimed at providing guidance to ensure that AFA proposals are meaningful... Read More

August 7, 2017

Time Is Money: Historical Strip Prices and Valuation in Oil & Gas Bankruptcies

Timing is key to valuation of all types and in all contexts. But in bankruptcy, valuation timing can take on heightened importance because a central element of... Read More

August 7, 2017

Real Estate Finance: Massachusetts

A Q&A guide to real estate finance law for borrowers and lenders in Massachusetts written by Partner Paul Jakubowski and Special Counsel Stephen Edwards, published... Read More

August 7, 2017

The Use of Applicant Admitted Prior Art in IPR Petitions

In this article published by Bloomberg BNA's Patent, Trademark & Copyright Journal,Don Steinberg, Yung-Hoon Ha and Liv Herriot explore how the Patent Trial and... Read More

August 4, 2017

A Tired Proposal: Should We Worry (Yet Again) About the Future of the UK's Serious Fraud Office?

An article by Alison Geary and Lloyd Firth, published in Of Counsel, discusses the perceived precarious future of the Serious Fraud Office. Read More

August 4, 2017

SEC Confirms Certain ICOs Are Securities Offerings; Regulators Renew Focus on Cryptocurrencies

Participants and observers in cryptocurrency markets have long expected input from the SEC on the question of whether offerings of cryptocurrencies would be subject to... Read More

August 3, 2017

The Relevance of Alternative Designs 16 Years After TrafFix

In this article written by Vinita Ferrera, Aaron Macris and Jeffrey Olshan, published in Bloomberg BNA's Patent, Trademark & Copyright Journal, authors discuss the... Read More

August 2, 2017

5 Questions All AFAs Should Answer Clearly

Partners Gregory Lantier, Natalie Hanlon Leh and Mindy Sooter have published a six-part series aimed at providing guidance to ensure that AFA proposals are meaningful... Read More

August 2, 2017

Ninth Circuit Applies the Holocaust Expropriated Art Recovery Act of 2016 to Revive Previously Dismissed Nazi-Era Art Appropriation Case

On July 10, 2017, the US Court of Appeals for the Ninth Circuit became the first circuit court to apply the six-year statute of limitations from the Holocaust... Read More

July 31, 2017

President Expected to Sign New Sanctions Bill to Constrain Presidential Authority While Expanding "Sanctions Toolkit" for Russia, Iran, and North Korea

On July 27, the US Senate passed the Countering America's Adversaries Through Sanctions Act, a comprehensive sanctions bill that expands US sanctions against three... Read More

July 31, 2017

Federal Circuit Patent Updates - July 2017

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

July 28, 2017

Owner Means Owner: Tenth Circuit Finds US Liable Under CERCLA Based on Title in Lands Subject to Unpatented Mining Claims

The Tenth Circuit on July 19, 2017, in Chevron Mining, Inc. v. United States, reversed a decision by the District Court for the District of New Mexico and held that the... Read More

July 26, 2017

5 Questions Firm Should Ask Before Approving Litigation AFA

Partners Gregory Lantier, Natalie Hanlon Leh and Mindy Sooter have published a six-part series aimed at providing guidance to ensure that AFA proposals are meaningful... Read More

July 24, 2017

FINRA and the MSRB Issue FAQs on Bond Mark-Up Disclosure

On July 12, 2017, the Financial Industry Regulatory Authority and the Municipal Securities Rulemaking Board published new implementation guidance on the bond mark-up... Read More

July 24, 2017

German Government Amends German Foreign Trade and Payments Ordinance to Widen Control of Foreign Takeovers of Critical German Companies

On July 12 the German federal government adopted important amendments to the German Foreign Trade and Payments Ordinance. Read More

July 24, 2017

International Comparative Legal Guide to: International Arbitration

Steven Finizio and Charlie Caher are contributing editors to The International Comparative Legal Guide: to International Arbitration 2017. Franz Schwarz, Krystyna... Read More

July 24, 2017

Keeping Current With Form 8-K: A Practical Guide

Keeping Current With Form 8-K: A Practical Guide provides a summary of both the substantive and procedural aspects of Form 8-K. The first section of this guide discusses... Read More

July 19, 2017

Mid-year review 2017—arbitration developments in the US

Arbitration analysis: Steven Finizio, partner at WilmerHale, looks back over the past six months of arbitration in the US and considers what may be coming up in the... Read More

July 18, 2017

5 Questions to Ask Yourself Before Submitting a Litigation AFA

Partners Gregory Lantier, Natalie Hanlon Leh and Mindy Sooter have published a six-part series aimed at providing guidance to ensure that AFA proposals are meaningful... Read More

July 14, 2017

Actavis v. Eli Lilly1: Back to the Future—The UK Supreme Court Changes the Test for Patent Infringement

The UK Supreme Court rarely hears patent cases, and will only hear cases that it considers to be fundamentally important. The court's July 12 judgment is most... Read More

July 13, 2017

Hobby Lobby Forfeits Thousands of Ancient Iraqi Artifacts, Pays $3M, and Admits Fault to Settle Civil Forfeiture Action

The US government's settlement with Hobby Lobby on July 5, 2017 is part of its broader effort to combat trafficking in looted antiquities from the war-torn Middle East... Read More

July 12, 2017

5 Questions to Ask Firm Before Accepting a Litigation AFA

Partners Gregory Lantier, Natalie Hanlon Leh and Mindy Sooter have published a six-part series aimed at providing guidance to ensure that AFA proposals are meaningful... Read More

July 12, 2017

CFPB Releases Final Rule Banning Certain Pre-Dispute Arbitration Agreements

On July 10, the CFPB announced its long-anticipated final rule to prohibit the use of pre-dispute arbitration agreements to block consumer class actions in contracts for... Read More

July 11, 2017

Massachusetts Revokes Directive Requiring Remote Sellers to Collect Sales Tax

On June 28, 2017, the Massachusetts Superior Court issued a declaratory judgment ruling that Directive 17-1 was invalid because the DOR had not followed the notice and... Read More

July 10, 2017

5 Questions to Ask Client Before Proposing a Litigation AFA

Partners Gregory Lantier, Natalie Hanlon Leh and Mindy Sooter have published a six-part series aimed at providing guidance to ensure that AFA proposals are meaningful... Read More

July 10, 2017

Bilateral Arbitration Treaties at the 50th Anniversary of UNCITRAL

At the 50th anniversary of the United Nations Commission on International Trade Law Congress, Gary Born, chair of Wilmer Cutler Pickering Hale and Dorr LLP's... Read More

July 10, 2017

EU Overview in Public Competition Enforcement Review

Frédéric Louis and Anne Vallery highlight a fewof the significant developments, touching upon all aspects of European Commission enforcement of the TFEU antitrust rules,... Read More

July 10, 2017

The European Commission's E-Commerce Report: Practical Lessons

For the last two years, the European Commission (“EC”) has been carrying out a Sector Inquiry into e-commerce of consumer goods and digital content in the EU. As part of... Read More

July 10, 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

July 10, 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

July 10, 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

June 28, 2017

In Conversation: A GC and Outside Counsel Compare Notes on Keeping Their Business Relationship Honest and Strong

Published on June 23, 2017 by Corporate Counsel, Andy Spielman and Lee Reichert, Deputy Chief Legal Officer & Corporate Secretary for Molson Coors Brewing Company,... Read More

June 27, 2017

DOJ Directive Threatens Availability of Penalty Mitigation Approach

A June 5, 2017, Department of Justice policy directive threatens the ongoing availability of Supplemental Environmental Projects in civil environmental settlements.  Read More

June 27, 2017

Federal Circuit Patent Updates - June 2017

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

June 22, 2017

The Brexit Negotiations (2): What is the UK's Opening Position

This is our second Alert on the Brexit negotiation, which started on Monday, June 19, 2017. Having outlined the EU's opening position, we now turn to that of the United... Read More

June 21, 2017

Administrative Procedure Act Litigation: The Changing Regulatory Landscape, the Role of Industry, and Emerging Issues

As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period... Read More

June 21, 2017

China Relaxes Some Restrictions on Foreign Investment in China's Pilot Free Trade Zones

The General Office of China's State Council posted on June 16 the Special Measures on the Administration of Entry by Foreign Investment in Pilot Free Trade Zones.  Read More

June 21, 2017

Treasury Report Proposes Revamping Post-Crash Financial Regulation

On June 12, 2017, the U.S. Treasury Department released a 150-page report that recommends revamping many of the rules for banks and other financial services firms put in... Read More

June 20, 2017

Court Determines That Grocer's Website Not Used to Sell Goods Is Public Accommodation Under the ADA

Last week, following a bench trial, a federal district judge in Florida concluded that the grocery store and pharmacy chain Winn-Dixie violated Title III of the... Read More

June 20, 2017

The Brexit Negotiations (1): What is the EU's Opening Position?

The Brexit negotiations started yesterday. After months of speculation as to what will be their focus, it may be useful to recall the European Union's opening position... Read More

June 20, 2017

President Trump Announces New Cuba Restrictions

Although US policy since 2014 has been to normalize US-Cuba relations and liberalize trade with Cuba, President Trump signaled a partial reversal of US policy in a... Read More

June 19, 2017

Implications of the Supreme Court's Kokesh Decision

Earlier this month, the Supreme Court ruled unanimously in Kokesh v. SEC that a claim for disgorgement arising from the violation of federal securities law constitutes a... Read More

June 16, 2017

OCR Guidance Could Alter Scope of Pending and Future Civil Rights Investigations

A memorandum obtained by ProPublica, if authentic, sets forth substantially revised guidance for civil rights investigations conducted by the U.S. Department of... Read More

June 14, 2017

Special Considerations in California M&A Deals

Deal Lawyers published this article by David Westenberg and Joe Wyatt in its June-August 2017 issue. Read More

June 13, 2017

Supreme Court Substantially Reduces Government's Ability to Seek Criminal Forfeitures

On June 5, 2017, the Supreme Court issued a unanimous opinion in Honeycutt v. United States (No. 16-142), holding that a criminal defendant can be held liable to forfeit... Read More

June 13, 2017

One Year After Ambac: Sharing Information Among Deal Parties

In this Law360 article, Daniel Halston, Alexandra Boudreau and Jeffrey Schomig explain that the common interest doctrine remains a thorny issue one year after the major... Read More

June 13, 2017

What Reviving the TTIP Agreement Could Mean for the Future of Geographical Indications

BNA's Patent, Trademark and Copyright Journal published an article written by Kirsten Donaldson and John Hobgood analyzing considerations for trademark and geographical... Read More