Publications & News

Publications

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

On June 16, 2017, President Trump announced new sanctions restrictions under the US embargo against Cuba.  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 19, 2017

Federal Circuit Patent Updates - June 2017

Summaries of and links to recent precedential and informative opinions. 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

June 8, 2017

Brazil's Developing Gas Marketing: Opportunities for Arbitration

An article co-authored by Christoph Harler, published in Commercial Dispute Resolution's Summer 2017 edition. Read More

June 8, 2017

Insolvency at Its Limits: What Management and Creditors of Insolvent LLCs and LPs Should Know About Fiduciary Duties Waivers and Standing, Inside and Outside of Bankruptcy

Delaware law allows members and partners of limited liability companies and limited partnerships to waive the fiduciary duties of their management in their LLC or LP... Read More

June 8, 2017

Legal Mechanics of Organizing Corporations

WilmerHale Partners Mark Borden and David Gammell author this chapter in Start-Up & Emerging Companies: Planning, Financing, and Operating the Successful Business.... Read More

June 8, 2017

Cross-Border Data Flows Security Assessments in China

China has issued for public comment draft standard-like guidelines to govern cross-border data flows to further implement China's heightened concern over national... Read More

June 8, 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

June 8, 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

June 8, 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 8, 2017

Secondary Sanctions Against North Korea Place Global Financial Firms at Risk

An article written by David Horn and published by Bloomberg BNA's Banking Report warns that non-US based global financial institutions could face risks from secondary... Read More

June 7, 2017

Oil and Gas Arbitration in the Asia-Pacific Region

An article by Duncan Speller, Jane Rahman and Jonathan Lim, first published by Global Arbitration Review in The Asia-Pacific Arbitration Review (June 2017). Read More

June 7, 2017

Massachusetts Requires Remote Sellers to Collect Sales Tax Beginning July 1, 2017

The Massachusetts Department of Revenue (DOR) recently issued guidance under which it will require the collection of Massachusetts sales and use taxes by remote sellers... Read More

June 7, 2017

Selected 2017 Life Sciences Transactions

Recognized both globally and nationally for its leading life sciences practice, WilmerHale has more than four decades of experience representing biotechnology,... Read More

June 7, 2017

Selected 2017 Strategic Alliances, Joint Venture and Licensing Transactions

Our corporate, licensing, intellectual property and regulatory lawyers regularly handle a broad range of strategic alliance, joint venture, licensing,
collaboration,... Read More

June 7, 2017

Selected 2017 Technology Transactions

For more than four decades, we have represented technology clients in venture capital financings, public offerings, and mergers and acquisitions; handled their... Read More

June 2, 2017

The Law Society: Restoring Balance in Criminal Investigations?

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

June 1, 2017

CFTC Rewrites Recordkeeping Requirements

The Commodity Futures Trading Commission (CFTC or Commission) has significantly amended its recordkeeping requirements, a change that will affect all entities and... Read More

May 31, 2017

Federal Circuit Patent Updates - May 2017

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

May 31, 2017

Preparing for Your Cross-Border Deal: Practice Tips for In-House Counsel

Stephanie Evans, Alyce Chen and co-author James Williams, general counsel and corporate secretary at Liquidity Services, describe critical steps for ensuring that a... Read More

May 26, 2017

ETF Boards Need to Apply Gartenberg Differently

In this article, published in Fund Directions, Amy Doberman argues that boards, when engaging in advisory fee deliberations for exchange-traded funds, must take a fresh... Read More

May 24, 2017

CFTC Increases Anti-Retaliation Protections for Whistleblowers

On May 22, 2017, the Commodity Futures Trading Commission (CFTC or Commission) amended its whistleblower rules to enhance protections for whistleblowers against... Read More

May 23, 2017

An overview of the OECD's Phase 4 Report on the UK's implementation of the Anti-Bribery Convention: Part II

A blog post by Leila Gaafar, published on the WilmerHale W.I.R.E. UK blog on May 23, 2017. Read More

May 23, 2017

Four Ways to Avoid the Confusion of Financing Documents

Emerging Company Practice Co-Chair Peter Buckland provides insight into what early-stage companies need to know about SAFEs—Simple Agreements for Future Equity—in this... Read More

May 18, 2017

Nations Press for International Restrictions to Govern Genetic Sequence Data

As various nations consider application of international ABS requirements to GSD, research organizations and synthetic biology companies should closely follow these... Read More

May 18, 2017

Uncertain Future For CFPB Small Business Data Rule

An article by Daniel Kearney, Skye Perryman and Daniel Hartman, published by Law360, discusses the uncertain future for the Consumer Financial Protection Bureau small... Read More

May 17, 2017

EPA Centralizes CERCLA Remedy Selection Authority

Environmental Protection Agency (EPA) Administrator Scott Pruitt last week issued a memorandum revising the existing delegations of authority related to implementation... Read More

May 16, 2017

Finding a Way Through a Tight Deal Space

WilmerHale's Life Sciences Group Co-Chairs Belinda Juran and Stuart Falber share trends they are seeing in the life sciences industry regarding acquisitions and IPOs in... Read More

May 15, 2017

WilmerHale, Waivers and When to Stop Investigating

In this interview with GIR, Boyd Johnson and Stephen Pollard discuss how the WilmerHale's investigations practice has developed over the past five years, and how they... Read More

May 12, 2017

President Trump Issues Cybersecurity Executive Order

On May 11, President Trump signed his long-awaited Executive Order on “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.”1 Much of the... Read More

May 10, 2017

Why You’re Wiser With an Adviser

Gary Schall, in this article published by Xconomy, explains why it is necessary for startup companies to invest in an adviser. Read More

May 8, 2017

Cyber-resilience—a repeated regulatory message

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

May 5, 2017

Fed. Circ. Undoes Breckenridge Generic Laxative Patent Win

Law360 explores the Federal Circuit's ruling that Breckenridge Pharmaceutical Inc.'s planned generic version of the laxative drug Suprep infringes a patent owned by... Read More

May 5, 2017

Upside Down in Chapter 15

An article by George Shuster and Benjamin Loveland, published by the American Bankruptcy Institute Journal, delving into the question: Can US Entities Qualify as... Read More

May 4, 2017

CFPB Insights on Alternative Data Use in Credit Scoring

An article by Michael Gordon and Vaughn Stewart, published by Law360, provides Consumer Financial Protection Bureau (CFPB) insights on alternative data use in credit... Read More

May 4, 2017

Corporate Governance in the Trump Era: A Note of Caution

In a recent article in Westlaw Journal Corporate Officers & Directors Liability, William R. McLucas and Rachel Murphy warn companies against relaxing their corporate... Read More

May 2, 2017

Coming to America?—Applying Bankruptcy Code Section 109(a) to Vet Foreign Companies Filing US Bankruptcy Cases Under Chapter 15

Chapter 15 of the US Bankruptcy Code provides a doorway for non-US companies to obtain creditor protection and other benefits of a US bankruptcy in support of insolvency... Read More

May 1, 2017

Technical 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... Read More

April 28, 2017

2017 Corporate Reports

WilmerHale's annual IPO, Venture Capital and M&A Reports offer insights into market conditions and provide comprehensive statistics and analysis that are hard to... Read More