Publications & News

Publications

May 23, 2018

8-in-8 Recent Trends in European Law and Policy Alert Series—The EU’s Data Protection Regulatory Big Bang: The GDPR Comes Into Force

This is the inaugural issue of WilmerHale's 8-in-8 Recent Trends in European Law and Policy Alert Series. Over the next eight weeks, our attorneys will share insights on... Read More

May 22, 2018

EU to Reactivate 1996 Blocking Regulation Against US Sanctions on Iran

On Friday, May 18, the EU Commission launched the formal process to reactivate a 1996 trade defense law in response to the US withdrawal from the JCPOA on Iran's nuclear... Read More

May 22, 2018

Energy Arbitration in Africa

An extract from the 2018 edition of GAR's The Middle Eastern and African Arbitration Review, first published in May 2018. The whole publication is available at Read More

May 17, 2018

The FCA's enforcement outlook for 2018

A blog post by Anna Gaudoin, published on the WilmerHale W.I.R.E. UK blogRead More

May 17, 2018

FDA Publishes List of Drug Companies Accused of Hindering Generic Entry: Antitrust Implications

Today, as part of the Trump Administration's stated goal to lower drug prices, the Food and Drug Administration (FDA) published a list of pharmaceutical companies that... Read More

May 17, 2018

UK Parliamentary committee hears evidence during economic crime inquiry

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

May 16, 2018

Supreme Court Vacates Federal Circuit Decision Defining the Scope of CBM Review

On May 14, 2018, the Supreme Court granted WilmerHale client PNC Bank National Association's (PNC Bank) petition for writ of certiorari and vacated a decision of the US... Read More

May 10, 2018

Iran Sanctions After the Trump Administration's JCPOA Withdrawal

On May 8, President Trump announced that the United States would end its participation in the Joint Comprehensive Plan of Action. Read More

May 7, 2018

Federal Circuit Patent Updates - May 2018

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

May 3, 2018

Infrastructure Series: NAFTA Renegotiation: Energy Infrastructure and Investor-State Disputes

Negotiations to reshape the North American Free Trade Agreement (NAFTA) among the United States, Canada and Mexico have recently intensified as various factors—upcoming... Read More

May 1, 2018

Regulatory Monitor: SEC Update

Timothy Silva and Seth Davis summarize the main points of the Securities and Exchange Commission's Office of Compliance Inspections and Examinations 2018 examination... Read More

May 1, 2018

Contemplating an ICO? It’s All Fun and Excitement Until the SEC Comes to Call

In the case of initial coin offerings (ICOs), the law is laid down by the US Securities and Exchange Commission. Over the past few months, this agency has been ramping... Read More

April 27, 2018

SEC Targets Inadequate Cyberbreach Disclosure in Yahoo Settlement

On April 24, 2018, the Securities and Exchange Commission announced a settled enforcement proceeding against Altaba Inc. (formerly known as Yahoo! Inc.) arising out of... Read More

April 27, 2018

The UK Ratifies the UPC Agreement

On Thursday, April 26, the UK Government announced that it had ratified the UPC Agreement.For the UPC and the EU unitary patent to commence, at least thirteen countries,... Read More

April 26, 2018

China Expands Access to Scientific Data Domestically, Imposes Restrictions on Export of Scientific Data

China has issued a new regulation which imposes potentially severe restrictions on the export of scientific data while at the same time calling for wider access to such... Read More

April 26, 2018

Infrastructure Series: Tribes and Infrastructure

Infrastructure needs are significant across the country, but it would be hard to find any locality or region where the needs are higher than in Indian Country. In recent... Read More

April 26, 2018

Federal Circuit Patent Updates - April 2018

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

April 25, 2018

FCA Enforcement - Five Years on

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

April 25, 2018

Judging the Financial Conduct Authority 5 Years On

In this Law360 article, David Rundle analyzes the Financial Conduct Authority's performance since its creation five years ago, and identifies some principal challenges... Read More

April 24, 2018

Supreme Court Upholds IPRs but Strikes Down Partial PTAB Decisions in Two Important Patent Cases

The Supreme Court today decided two important cases involving patent rights and inter partes review at the US Patent and Trademark Office (PTO). Both cases affirm the... Read More

April 24, 2018

The Financial Conduct Authority's 2018/19 Business Plan

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

April 19, 2018

Infrastructure Series: Momentum Builds for Offshore Wind Energy Development in the United States

The beginning of 2018 has offered signs of a renewed push to expand development of offshore wind generation along the US Atlantic coast. This client alert was also... Read More

April 17, 2018

The Second Edition of Global Arbitration Review's The Guide to Damages in International Arbitration Has Been Published

We are delighted to announce the publication of The Guide to Damages in International Arbitration (Second Edition, Global Arbitration Review, 2018). Read More

April 17, 2018

Enforcing IP Rights In China: A Road Map For US Companies

When determining how best to protect and enforce IP, American businesses should know the powers, limits, and potential remedies available in both Chinese and US forums.  Read More

April 17, 2018

Patent Law and the Supreme Court: Patent Certiorari Petitions Denied in 2018

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

April 17, 2018

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

April 17, 2018

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

April 16, 2018

Congress Enacts Law Creating a Sex Trafficking Exception From the Immunity Provided by Section 230 of the Communications Decency Act

On Wednesday, April 11, the President signed into law the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, also known as “FOSTA.” Read More

April 12, 2018

Infrastructure Series: Agencies Establish One Federal Decision Framework for Project Reviews

This week, a dozen federal agencies signed a Memorandum of Understanding (MOU) committing to “a more predictable, transparent, and timely Federal review and... Read More

April 12, 2018

You’ve Signed a Term Sheet for Your First Equity Financing. Congratulations! … Now What?

Gary Schall, in this article published by The Recorder, shares six critical steps founders can take to forge a strong and open relationship with their new business... Read More

April 10, 2018

FinCEN Releases Frequently Asked Questions Regarding Customer Due Diligence and Beneficial Ownership Requirements

Last week the Financial Crimes Enforcement Network (FinCEN) issued much-anticipated Frequently Asked Questions (FAQs) that provide additional guidance to financial... Read More

April 6, 2018

Digital currencies: taming an unpredictable market

A blog post by Anna Gaudoin, published on the WilmerHale W.I.R.E. UK blogRead More

April 6, 2018

Standardized Term Sheets May Not Protect Your Interests

An article by Joshua Fox, published by Law360, focusing on standardized term sheets and how they may inadvertently gloss over or neglect issues that can be critical to... Read More

April 5, 2018

China Tightens Scrutiny Over the Transfer of Intellectual Property Rights to Foreign Parties

The Measures on the Transfer of Intellectual Property Rights to Foreign Parties (Pilot) tighten scrutiny over the transfer of intellectual property rights to foreign... Read More

April 5, 2018

Third Edition of Gary Born's International Commercial Arbitration – How You Can Help

I am delighted to share the news of commencement of work on the third edition of my treatise on International Commercial Arbitration. The three-volume commentary is in... Read More

April 5, 2018

Brexit at Halfway: Pharma and Medical Devices

The object of this Alert is to highlight some practical implications of Brexit for the supply of pharmaceutical products and medical devices in the European Union (EU)... Read More

April 4, 2018

Important New Patent Term Adjustment Decision Allowing Post-RCE B Delay

A recent decision calls into question the US Patent and Trademark Office regulation providing that B delay stops accruing as soon as a Request for Continued Examination... Read More

April 4, 2018

Developments In CFTC Cooperation Program

In this article written by Paul Architzel, Matthew Beville, Yeve Chitiga and Daniel Martin, published by Futures and Derivatives Law Report, the authors analyze the... Read More

April 3, 2018

USTR Releases Proposed List of Chinese Products to Be Subject to Section 301 Tariffs

On April 3, the Office of the United States Trade Representative (USTR) released a list of proposed products that may be subjected to additional tariffs of 25 percent ad... Read More

April 2, 2018

FINRA Requests Comment on Proposed New Outside Business Activities Rule

FINRA is seeking comment on a proposed new rule, FINRA Rule 3290 (the “Proposed Rule”), which governs the outside business activities and private securities transactions... Read More

March 30, 2018

Massachusetts Pregnant Workers Fairness Act: Due Date Nears

As the April 1, 2018 effective date nears, we wanted to take the opportunity to remind Massachusetts employers of their obligations under the new Pregnant Workers... Read More

March 29, 2018

Infrastructure Series: Border Wall Litigation Update

As discussed in previous issues of WilmerHale's Infrastructure Series, the Trump Administration is examining legislative and executive actions to streamline the... Read More

March 27, 2018

Federal Circuit Patent Updates - March 2018

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

March 27, 2018

SEC Proposes Transaction Fee Pilot for NMS Stocks

On March 14, 2018, the Securities and Exchange Commission (SEC) proposed Rule 610T of Regulation NMS under the Securities Exchange Act of 1934 to conduct a pilot program... Read More

March 26, 2018

Pre-Merger Information Sharing: The FTC Weighs In

A month ago, we covered recent European competition law developments on pre-merger information sharing and “gun jumping” among merging parties. In a timely reminder that... Read More

March 26, 2018

Board Oversight of Cybersecurity

Cybersecurity is one of the highest priority issues for public company executives and directors. This note shares our views—developed over our involvement in the... Read More

March 26, 2018

Congress Enacts Law Clarifying Reach of Warrants for Overseas Data

On Friday, March 23, President Trump signed into law the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), which amends the Stored Communications Act (SCA), 18... Read More

March 23, 2018

New Presidential Proclamations Amend Section 232 Tariffs on Steel and Aluminum Imports, Including Temporary Exemptions for Wider Group of Countries

Yesterday, President Trump issued new Proclamations regarding Section 232 tariffs on steel and aluminum, amending the original Proclamations (9704 and 9705) issued on... Read More

March 23, 2018

President Trump Directs Action as a Result of USTR's Section 301 Investigation on China's Laws, Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and Innovation

Yesterday, President Trump signed a Presidential Memorandum regarding China's technology transfer, intellectual property, and innovation-related laws, policies,... Read More

March 23, 2018

Founders, Pay Attention to This Stuff—Not the Stock Market

An article by Daniel Zimmermann, published by Xconomy. The article discusses information that entrepreneurs should follow and what they can safely dismiss. Read More