Publications & News

Publications

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 (DOJ) Civil Rights Division, Immigrant and Employee Rights Section (IER) and the Department of State's Bureau of... 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

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 24, 2017

Federal Circuit Patent Updates - September 2017

Summaries of and links to recent precedential and informative opinions. 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

September 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

September 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

September 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

September 19, 2017

A Guide to the Executive Branch Official Nomination Process

In this article published by Law360, Adam Raviv and Reginald Brown describe the key steps in the path to nomination for federal officials and provide tips on how to... Read More

September 19, 2017

Criminal justice: How best to stop economic crime

An article by Lloyd Firth and Leila Gafaar, published by The Law Society Gazette and on the WilmerHale W.I.R.E. UK blog. Read More

September 18, 2017

Council on Environmental Quality Releases Initial List of Actions to Streamline NEPA Reviews

Last week, the Deputy Secretary of Interior, David Bernhardt, issued a memo directing the Department's bureaus to streamline environmental impact statements prepared... Read More

September 18, 2017

EU to Establish a Framework for Screening Foreign Direct Investment

On September 13, 2017, the European Commission issued a proposal for a Regulation establishing a framework for screening foreign direct investment in the European Union. Read More

September 16, 2017

When to Let Your Competitors Be Your Investors

Partner Joshua Fox, in this guest article published by VentureBeat, discusses the benefits and risks of entrepreneurs seeking capital from competitors, also known as... Read More

September 11, 2017

Eine Leitfigur lässt auf sich warten

In this editorial, published in the September 2017 issue of Neue Zeitschrift für Kartellrecht, Hartmut Schneider discusses the implications of the new administration for... Read More

September 7, 2017

Interior Department Issues NEPA Streamlining Directive

Last week, the Deputy Secretary of Interior, David Bernhardt, issued a memo directing the Department's bureaus to streamline environmental impact statements prepared... Read More

September 7, 2017

Legal Consequences of Peremptory Norms in International Law

The book, authored by Daniel Costelloe and published by Cambridge University Press, explores peremptory norms' legal effects across general international law, including... Read More

September 7, 2017

The likely replacement for Libor may be just as prone to abuse

An article by Leila Gafaar, published by City A.M. and on the WilmerHale W.I.R.E. UK blog. Read More

September 7, 2017

The International Arbitration Review: Eighth Edition

The Law Reviews has published the eighth edition of The International Arbitration Review, with Senior Counsel James Carter serving as editor and author of the preface,... Read More

September 5, 2017

DACA Revoked, What Should the US Do for Young Undocumented Immigrants?

Partner Alejandro Mayorkas shares his reaction with PBS NewsHour about the Trump Administration's move to rescind the DACA program. Read More

September 1, 2017

Market Intelligence: Privacy & Cybersecurity Global Trends

An article by Jason Chipman and Benjamin Powell, published in Market Intelligence: Privacy & Cybersecurity (Getting The Deal Through)Read More

September 1, 2017

Market Intelligence: Privacy & Cybersecurity in Germany

An interview with Martin Braun, published in Market Intelligence: Privacy & Cybersecurity (Getting The Deal Through)Read More

September 1, 2017

Market Intelligence: Privacy & Cybersecurity in the United States

An interview with Jason Chipman and Benjamin Powell, published in Market Intelligence: Privacy & Cybersecurity (Getting The Deal Through)Read More

September 1, 2017

Market Intelligence: Privacy and Cybersecurity in Belgium and the EU

An interview with Christian Duvernoy, Frédéric Louis, Anne Vallery and Itsiq Benizri, published in Market Intelligence: Privacy and Cybersecurity (Getting The Deal... Read More

September 1, 2017

New Policies on China's Overseas Investments

The Opinions divide China's outbound investments by sector into “encouraged,” “restricted” and “prohibited” categories, providing a clearer and more authoritative... Read More

August 31, 2017

Post-reform institutional arbitration in Russia

As the requirement for all arbitration institutions to be licensed in Russia becomes mandatory in November, WilmerHale's Steven Finizio and Dmitry Kaysin assess the... Read More

August 31, 2017

UPDATE: EEO-1 New Pay Data Reporting Requirement - STAYED

The EEOC has announced a stay in the much-anticipated pay data reporting that was to be part of the new EEO-1 Report due by March 31, 2018 (previous reporting due by... Read More

August 31, 2017

Federal Circuit Patent Updates - August 2017

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

August 30, 2017

District Court Rejects Direct Purchaser Class for Failure to Satisfy Numerosity Requirement

On August 28, 2017, in King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., the Eastern District of Pennsylvania denied class certification for direct... Read More

August 29, 2017

Book Review: Attorney-Client Privilege in International Arbitration

A book review by Claudio Salas of Attorney-Client Privilege in International Arbitration, published by the Journal of International Arbitration. The author, Annabelle... Read More

August 28, 2017

DC Circuit Holds FERC Must Analyze Downstream Greenhouse Gas Emissions in Approving Interstate Gas Pipelines

Last week, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. FERC, No. 16-1329 (D.C. Cir. Aug. 22, 2017),... Read More

August 28, 2017

New Sanctions Prohibit US Firms From Wide Range of Dealings With Venezuelan Government and PdVSA

On August 24, the Trump Administration significantly expanded sanctions against the Government of Venezuela, including state-owned oil company Petroleos de Venezuela,... Read More

August 24, 2017

EEO-1 New Pay Data Reporting Requirement—Possible Delay or Suspension?

This is the time of year when employers with 100 or more employees (and federal contractors with 50 or more employees) would typically be gathering information to... Read More

August 22, 2017

Executive Order Reinforces Measures to Reform Infrastructure Project Review

On August 15, President Trump signed an Executive Order calling for streamlined federal review of major infrastructure projects. The Order builds on prior efforts to... Read More

August 22, 2017

The “Absolute Priority Rule” and Other “Rules” of “Priority” in Bankruptcy

Phil Anker, in this article published by DailyDAC's Commercial Bankruptcy Alternatives, explores the “Absolute Priority Rule” and other “Rules” of “Priority” in... Read More

August 22, 2017

China's State Council Announces Promotion of Foreign Investment Growth

On August 8, China's State Council published the Notice on Promotion of Foreign Investment Growth (Guo Fa [2017] No. 39).  Read More

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

Singapore – Trends and Developments

A chapter by Gary Born, Jonathan Lim and Dharshini Prasad, included in the 2017 edition of the Chambers International Arbitration Legal Practice Guide. 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