Author Info for Fenwick & West LLP

Sally Abel

And the Winner is? Digital Platform Liability for Trademark Infringement

Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself infringe… more

ACPA, Amazon, Consumer Confusion, Contributory Infringement, Copyright

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Irene Aguirre

Federal Circuit Turns the Burden on Trademark Owners to Prove Identical Third-Party Marks Are Not in Use

In Spireon, Inc. v. Flex Ltd., No. 2022-1578 (Fed. Cir. June 26, 2023), the Federal Circuit took a surprising turn in which it held that it is the trademark owner’s burden to prove that identical third-party marks put forth by… more

Corporate Counsel, Intellectual Property Protection, Likelihood of Confusion, Non-Use of Trademarks, Trademark Litigation

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Andrew Albertson

New Digital Asset Regulatory Framework: Analysis of the Latest Discussion

In a significant development for the digital asset industry, Republican lawmakers from the U.S. House Committees on Financial Services and Agriculture have released a comprehensive discussion draft of proposed legislation aimed… more

Blockchain, CFTC, Congressional Committees, Cryptocurrency, Decentralized Finance (DeFi)

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Steve Albertson

Washington Becomes First State to Enact ‘Mini HSR’ Notification Requirement

As of July 27, 2025, federal Hart-Scott-Rodino (HSR) Act filings will also need to be submitted to the Washington Attorney General (WA OAG) under Washington State’s Antitrust Premerger Notification Act (APNA) if the parties have… more

Antitrust Division, Antitrust Litigation, Antitrust Provisions, Department of Justice (DOJ), Due Diligence

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Chelsea Anderson

Key Takeaways: Navigating the Life Sciences IPO Journey

The journey to becoming a public company requires strategic planning and thoughtful coordination. While the IPO process typically spans six months or more, laying the groundwork should begin much earlier to ensure a smooth… more

Audits, Compliance, Emerging Growth Companies, Financial Reporting, Initial Public Offering (IPO)

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Samuel Angus

CARES Act: What the Paycheck Protection Program Means for Startups

On March 27, 2020, Congress passed, and the President has signed into law?, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act includes relief to small businesses across the country in the form of up… more

CARES Act, Coronavirus/COVID-19, Covered Employer, Paycheck Protection Program (PPP), Popular

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Julia Arruda Rosenthal

GDC 2025: Takeaways for Games Startups and Developers

This year’s Game Developers Conference (GDC) in San Francisco gave Fenwick’s Games Group an inside look at how triple-A publishers and indie studios alike are tackling the challenges that come with chilled market conditions and… more

Artificial Intelligence, Business Strategies, Software, User-Generated Content, Venture Capital

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Sarah Ashkan

The Corporate Transparency Act: Treasury Department Suspends Enforcement, Reporting Obligations

In a press release issued on March 2, 2025, the Treasury Department, which oversees the Financial Crimes and Enforcement Network (FinCEN), announced that it will not enforce any penalties or fines associated with the existing… more

Beneficial Owner, Compliance Dates, Corporate Transparency Act, Financial Crimes, FinCEN

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Gerald Audant

IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers - January 2025

The IRS has issued two forms (along with accompanying instructions) that corporations must use to satisfy the return and information statement requirements under Section 6039 of the Internal Revenue Code of 1986, as amended… more

Compensation & Benefits, Employee Benefits, Employee Stock Purchase Plans, Incentive Stock Options, Income Taxes

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Marie Bafus

Delaware Revamps Its General Corporation Law - Will It Be Enough to Keep Companies from Leaving?

On March 25, 2025, Delaware Gov. Matt Meyer signed into law significant amendments to §§ 144 and 220 the Delaware General Corporation Law (DGCL)… more

Amended Legislation, Books & Records, Controlling Stockholders, Corporate Counsel, Corporate Governance

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Pinar Bailey Ph.D.

10 Critical Missteps to Avoid When Building AI Governance Policies for Life Sciences Companies

Life sciences companies racing to harness artificial intelligence often stumble into preventable traps that can derail innovation and create lasting legal exposure… more

Artificial Intelligence, Biotechnology, Data Privacy, Food and Drug Administration (FDA), Intellectual Property Protection

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Eric Ball

‘Can You Copyright a Tattoo?’ And Other Questions Game Developers Should Be Asking

Game developers often borrow from the real world to build more lifelike, compelling characters: a tattoo copied faithfully onto a digital athlete, a famous photograph reinterpreted as body art, a recognizable design rendered in… more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Implied License

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Daniel Becker M.D.

IP Due Diligence Review for Life Sciences Companies: Essential Preparations for Successful Transactions

For life sciences companies preparing for potential acquisition or investment, intellectual property (IP) often represents the cornerstone of your value, making thorough preparation and strategic foresight essential for… more

Acquisitions, Artificial Intelligence, Due Diligence, Intellectual Property Protection, Investors

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Matthew Becker

Ignorance of the Law is an Excuse, at Least for Copyright Registrations, SCOTUS Rules

It’s not uncommon for individuals or small businesses to try to save money by filing copyright applications themselves. It’s also not uncommon for some of these registrations to include factual or legal errors, jeopardizing the… more

Copyright, Copyright Litigation, Copyright Registration, Intellectual Property Protection, SCOTUS

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Camilla Beldham

Pixels, Pennies, and Punishments: Virtual Currency Costs Company $25M

The house doesn’t always win—a federal jury awarded nearly $25 million in damages to a class of consumers in Washington State after a district court in Larsen v. PTT, LLC determined that certain “social casino” games operated by… more

App Developers, Casinos, Class Action, Damages, Gambling

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David Bell

Securities Law Update - August 2025

Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on… more

Bylaws, CDIs, Climate Change, Corporate Governance, Digital Assets

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Dawn Belt

Delaware Supreme Court Provides Much-Anticipated Clarity on Reincorporations

This case stems from the proposed reincorporations of Tripadvisor, Inc. and Liberty TripAdvisor Holdings, Inc. from Delaware to Nevada, which were first presented to the corporations’ respective stockholders for approval in… more

Appeals, Board of Directors, Corporate Governance, Corporate Misconduct, Corporate Restructuring

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Ran Ben-Tzur

Securities Law Update - August 2025

Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on… more

Bylaws, CDIs, Climate Change, Corporate Governance, Digital Assets

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Evan Bienstock

Climate, Cities, and Health: Connecting the Dots for NY Tech Week

Cities, public health, and climate change are inextricably connected—and addressing their challenges requires a similarly integrated approach. It’s a monumental task, but it’s also one that tech is uniquely positioned to address… more

Climate Change

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Will Black

NY Tech Week 2025: The Future of Consumer AI

The consumer AI landscape is evolving at breakneck speed, fundamentally reshaping how humans connect, create, and experience the world and what they expect from the digital platforms they interact with on a daily basis… more

Algorithms, Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Digital Platforms

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Jennifer Bretan

SEC v. Ripple Decision Makes Waves in Digital Assets Enforcement

On August 7, 2024, nearly four years after the SEC filed its complaint alleging Ripple sold XRP in unregistered securities transactions in violation of Section 5 of the Securities Act, the district court issued its final… more

Civil Monetary Penalty, Digital Assets, Disgorgement, Enforcement Actions, Final Judgment

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Andrew Bridges

The EU Copyright Directive: Potential Copyright Liability and a “Best Efforts” Standard for Platforms

In 2019, the Council of the European Union’s Committee of Permanent Representatives approved a Directive on Copyright in the Digital Single Market to respond to developments in the modes and markets for creation, production and… more

Best Efforts Clauses, Copyright, Copyright Infringement, Data Collection, Data Privacy

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Michael Brown

Delaware Supreme Court Provides Much-Anticipated Clarity on Reincorporations

This case stems from the proposed reincorporations of Tripadvisor, Inc. and Liberty TripAdvisor Holdings, Inc. from Delaware to Nevada, which were first presented to the corporations’ respective stockholders for approval in… more

Appeals, Board of Directors, Corporate Governance, Corporate Misconduct, Corporate Restructuring

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Daniel Brownstone

Trump Victory Boosts Confidence in US Economy

Following Trump's victory, a surge in confidence in the United States economy has been noted by some investors. This sentiment was echoed by SoftBank in confirming its financial commitment, citing a significant increase in… more

Election Results, Regulatory Agenda, Trump Administration

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Diana Buck

Ninth Circuit Pumps Brakes on Character Copyright Claim over Action Movie Car

In a new precedential decision, the Ninth Circuit Court of Appeals held in Carroll Shelby Licensing, Inc. v. Halicki that “Eleanor,” a stable of Ford Mustangs that appears across four action films, is not a copyrightable… more

Appeals, Automotive Industry, Breach of Contract, Copyright, Copyright Infringement

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Brian Buckley

Litigation Alert: FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to App Developers

FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to App Developers - On July 10, 2015, the Federal Communications Commission (“FCC”) issued a much-anticipated… more

ATDS, Auto-Dialed Calls, Declaratory Rulings, FCC, Mobile Apps

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Emily Bullis

En Banc Federal Circuit Overrules Longstanding Test for Design Patent Obviousness

On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is… more

Design Patent, En Banc Review, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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Jennifer Bush

Navigating the Massive Impact Changes to Telework Policies Would Have at the U.S. Patent and Trademark Office

The U.S. Patent and Trademark Office (USPTO) faces unique challenges amid discussions on altering telework policies… more

Executive Orders, Telecommuting, Trump Administration, USPTO

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Matthew Cantor

IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers - January 2025

The IRS has issued two forms (along with accompanying instructions) that corporations must use to satisfy the return and information statement requirements under Section 6039 of the Internal Revenue Code of 1986, as amended… more

Compensation & Benefits, Employee Benefits, Employee Stock Purchase Plans, Incentive Stock Options, Income Taxes

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Sofia Chalat

CFIUS Annual Report Shows Oversight and Monitoring Remain Active Despite Decrease in Overall Cases

On August 6, 2025, the U.S. Department of the Treasury released its Committee on Foreign Investment in the United States (CFIUS or the Committee) 2024 Annual Report to Congress. The report includes anonymized statistics and… more

Annual Reports, CFIUS, Enforcement Actions, Enforcement Statistics, Foreign Direct Investment

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Sarah Chambless

Fenwick’s TechWeek Takes: 5 Tips for Female Founders

On June 5, Fenwick teamed up with the Female Founder Collective and AmplifyHer Ventures at a16z’s New York Tech Week for a discussion about empowering, educating, and connecting female entrepreneurs… more

Early Stage Companies, Entrepreneurs, Startups, Technology Sector, Women-Owned Businesses

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Chen Chen, Ph.D.

What We’re Watching Ahead of BIO 2025: Trends Shaping the Future of Biotech

As we head into BIO 2025 in Boston, our teams are closely watching trends in biotech and how those affect financings, business development, IP protection, risk, and litigation strategy. Here are eight key trends we’re… more

Artificial Intelligence, Biotechnology, Business Development, Clinical Trials, Data Privacy

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Christine Chen

SEC Proposed Amendments to Rule 701 and Form S-8 and a New Temporary…

The U.S. Securities and Exchange Commission has issued Release No. 33-10891 proposing amendments to Securities Act Rule 701, which provides an exemption from registration for the issuance of compensatory securities by private… more

Capital Raising, Disclosure Requirements, Equity Securities, Financial Statements, Form S-8

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Yi Chen

Don’t Wait for the DOJ to Come Knocking: Important Whistleblower Protection and AI Risk Management Updates

In September 2024, the DOJ’s Criminal Division released an updated Evaluation of Corporate Compliance Programs (ECCP) guidance document to address emerging risks. The ECCP serves as a roadmap for how DOJ evaluates a company’s… more

Anti-Retaliation Provisions, Chief Compliance Officers, Compliance, Compliance Management Systems, Department of Justice (DOJ)

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Brandon Cheung

5 Considerations for Video Game Companies in 2025

Video game companies are often eager to adopt new technologies, like artificial intelligence (AI), to enhance player experiences. However, stricter privacy and AI regulations require companies to take extra precautions to… more

Artificial Intelligence, COPPA, Intellectual Property Protection, IP Portfolio, Privacy Laws

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Per Chilstrom

The SEC Adopts Final Climate-Related Disclosure Rules

On March 6, 2024, the SEC adopted final rules (Final Rules) requiring extensive climate-related disclosures in companies’ annual reports and registration statements. The new rules are set forth in Release No. 33-11275. The… more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility

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Jessica Chung

Nuro’s Acquisition of California’s Deployment Permit Signals a New Era

For autonomous vehicle (AV) and related technology companies, 2020 might be remembered primarily as the year of the Special Purpose Acquisition Company (SPAC) given the number of companies, including Luminar Technologies, Nikola… more

Automated Transportation, Automation Systems, Automotive Industry, Autonomy, Connected Cars

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Dargaye Churnet

How Do I Avoid Indefiniteness with No Intrinsic Record Support?

In Kaneka Corporation v. Zhejiang Medicine, the U.S. District Court for the Central District of California held that expert testimony alone was sufficient to avoid summary judgment of indefiniteness under 35 U.S.C. § 112 ¶ 2,… more

Expert Testimony, Indefiniteness, Intrinsic Test, Patent Litigation, Patent Validity

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John Clancy

Seattle Tech Week 2025: What Makes Seattle the Next Great Tech Hub?

Seattle Tech Week is on the horizon, and the anticipation is building as the city prepares to showcase its thriving tech ecosystem. Seattle has long been a home to tech giants, but in recent years, it has transcended its… more

Aerospace, Artificial Intelligence, Biotechnology, Clean Energy, Cloud Computing

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Tessa Clarke

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration agreements… more

Appellate Courts, Arbitration, Arbitration Agreements, Arbitration Fees, CA Supreme Court

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Douglas Cogen

Delaware Supreme Court Provides Much-Anticipated Clarity on Reincorporations

This case stems from the proposed reincorporations of Tripadvisor, Inc. and Liberty TripAdvisor Holdings, Inc. from Delaware to Nevada, which were first presented to the corporations’ respective stockholders for approval in… more

Appeals, Board of Directors, Corporate Governance, Corporate Misconduct, Corporate Restructuring

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Rodger Cole

Eighth Circuit Vacates FTC’s Click-To-Cancel Rule

On Tuesday, July 8, the Eighth Circuit struck down the Federal Trade Commission’s new “click-to-cancel” rule just days before the FTC planned to begin enforcement on July 14, 2025… more

Automatic Renewals, Cancellation Rights, Compliance Dates, Consumer Protection Act, Consumer Protection Laws

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Allison Cooper

Q2 2025 Venture Beacon: Key VC Market Trends

If you’re raising early-stage capital, the outlook appears strong, but for late-stage companies, the bar is higher than ever. In partnership with Aumni, a J.P. Morgan company, we’re pleased to share the Q2 2025 edition of the… more

Artificial Intelligence, Capital Raising, Early Stage Companies, Financing, Investors

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Robert Counihan

Key Takeaways: Tips for Navigating Trade Secret Misappropriation

In today's interconnected business environment, protecting trade secrets has become increasingly complex. Companies must navigate threats ranging from employee misconduct to sophisticated nation-state schemes while maintaining… more

Best Practices, Confidentiality Agreements, Continuing Legal Education, Cybersecurity, Defend Trade Secrets Act (DTSA)

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Trevor Coval

U.S. Imposes New Export Controls on Advanced Artificial Intelligence Technologies and Chips

The Commerce Department’s Bureau of Industry and Security (BIS) has released a pair of long-awaited rules that impose additional export controls on advanced computing integrated circuits (ICs) and artificial intelligence (AI)… more

Artificial Intelligence, Bureau of Industry and Security (BIS), Export Controls, Innovative Technology, Machine Learning

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Christopher Crawford

Crypto Litigation and Enforcement: Q1 2025 - Key Takeaways and Updates

The cryptocurrency legal and regulatory environment is experiencing significant shifts in 2025, presenting both opportunities and ongoing risks for technology companies in this space… more

Cryptocurrency, Decentralized Autonomous Organization (DAO), Department of Justice (DOJ), Enforcement Actions, Guidance Update

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Alyssa Crooke

Ninth Circuit Nixes Live Nation’s ‘Unconscionable’ Arbitration Agreement

On October 28, 2024, the Ninth Circuit affirmed the district court’s ruling in Heckman v. Live Nation, finding Live Nation’s Ticketmaster arbitration agreement unconscionable and therefore unenforceable based on their terms and… more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Contract Terms

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Kimberly Culp

‘Can You Copyright a Tattoo?’ And Other Questions Game Developers Should Be Asking

Game developers often borrow from the real world to build more lifelike, compelling characters: a tattoo copied faithfully onto a digital athlete, a famous photograph reinterpreted as body art, a recognizable design rendered in… more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Implied License

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Byron Dailey

FinCEN Delays Investment Adviser AML/CFT Rule to January 2028: What Fund Managers Should Know

On July 21, 2025, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced that it intends to postpone the effective date of its 2024 investment advisor AML rule for registered investment… more

AML/CFT, Customer Due Diligence (CDD), FinCEN, Investment Adviser, Know Your Customers

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Matthew Damm

Key Takeaways: Tips for Navigating Trade Secret Misappropriation

In today's interconnected business environment, protecting trade secrets has become increasingly complex. Companies must navigate threats ranging from employee misconduct to sophisticated nation-state schemes while maintaining… more

Best Practices, Confidentiality Agreements, Continuing Legal Education, Cybersecurity, Defend Trade Secrets Act (DTSA)

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Kristine Di Bacco

Convertible Debt Terms – Survey of Market Trends 2017/2018

In this report, we compile market data on convertible debt terms based on an analysis of over 100 issuer-side convertible debt transactions handled by Fenwick over the 15-month period from Jan. 1, 2017 through March 31, 2018… more

Business Valuations, Change in Control, Common Stock, Convertible Debt, Debt

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Michael Dicke

How the Current SEC Could Affect Ongoing Crypto Enforcement and ‘Impact Litigation’

As the crypto industry eagerly awaits regulatory clarity, some early glimpses of the new administration’s policy priorities may be found in resolutions of ongoing Securities and Exchange Commission cases against exchanges and… more

Anti-Money Laundering, Blockchain, Capital Markets, Cryptoassets, Digital Assets

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Matthew Dimon

UPDATE: Trump Signs Joint Resolution Repealing DeFi Broker Reporting

On April 10, 2025, President Donald Trump signed a joint resolution to repeal the DeFi broker reporting regulations which were finalized in December in T.D. 10021… more

Brokers, Cryptocurrency, Decentralized Finance (DeFi), Deregulation, Digital Assets

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Brittney Dimond

DOJ’s Monopolization Wins Against Google May Spur Greater Enforcement Activity Under Trump 2.0

On April 17, 2025, U.S. District Judge Leonie Brinkema held that Google had violated both Sections 1 and 2 of the Sherman Act by unlawfully monopolizing the publisher ad server and ad exchange markets and engaging in… more

Abuse of Dominance, Adtech, Advertising, Anti-Competitive, Antitrust Litigation

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Samuel Dodson

California’s SB 1120 Regulates AI in Health Plan Utilization Review and Management Activities Starting in January

On September 28, California Gov. Gavin Newsom signed Senate Bill 1120 Health Care Coverage: Utilization Review into law, amending § 1367.01 of the Health and Safety Code and § 10123.135 of the state’s Insurance Code… more

Amended Legislation, Artificial Intelligence, Audits, Centers for Medicare & Medicaid Services (CMS), Compliance

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Dan Dorosin

ESG Reporting for Private Companies

As we have noted in our previous report, environmental, social and governance (ESG) issues have garnered significant attention from a variety of stakeholders, resulting in increased reporting by many companies. While much of the… more

Acquisitions, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Melissa Duffy

Recent Developments in Tariffs

The Trump administration has announced multiple new developments in U.S. tariff policy since our April update. The administration is using several different tools to implement tariffs, including § 232 and 301 investigations… more

Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade, Investigations, Section 232

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Katherine Duncan

Q2 2025 Venture Beacon: Key VC Market Trends

If you’re raising early-stage capital, the outlook appears strong, but for late-stage companies, the bar is higher than ever. In partnership with Aumni, a J.P. Morgan company, we’re pleased to share the Q2 2025 edition of the… more

Artificial Intelligence, Capital Raising, Early Stage Companies, Financing, Investors

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Aaron Dunn

Breaking Dawn: Understanding the Copyright Office’s Policy on Works Containing AI-Generated Materials

Background on Kashtanova’s Comic Book - Digital artist Kris Kashtanova registered Zarya of the Dawn, a comic book with dazzling and dystopian imagery generated via Midjourney’s text-to-image AI model, with the U.S. Copyright… more

Artificial Intelligence, Authorship, Copyright, Copyright Applications, Copyright Office

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Joanne Dynak

Trump Administration Releases Sweeping AI Action Plan

On July 23 and 24, 2025, the Trump administration released its “Winning the AI Race: America’s AI Action Plan,” a far-reaching strategy aimed at advancing U.S. leadership in artificial intelligence… more

Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors, Federal Procurement Systems

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Alyona Eidinger

COPPA’s Coming of Age: Key Compliance Changes in FTC’s Final Rule

On January 16, 2025, the Federal Trade Commission (FTC) finalized amendments to the Children’s Online Privacy Protection Act (COPPA) Rule (Final Rule), which completes the process that started back in 2019 when the FTC sought… more

Advertising to Minors, Amended Legislation, Consumer Privacy Rights, COPPA, Data Privacy

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Connie Ellerbach

Protecting Brands in the Age of AI

The rapid adoption of generative artificial intelligence (AI) presents both unique opportunities and challenges for trademark and brand owners. By harnessing AI’s potential, businesses can accelerate the branding process by… more

Artificial Intelligence, Brand, Cease and Desist Orders, Content Marketing, Credibility

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Daniel Emam

Seventh Circuit Says All-Stock Acquisition — Without More — Does Not Trigger Liability Under Illinois’ Genetic Information Privacy Act

On May 1, 2023, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a putative class action alleging violations of the Illinois Genetic Information Privacy Act (GIPA) against the asset management firm… more

Appeals, Corporate Counsel, DNA, Genetic Testing, GINA

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Thomas Ensign

Washington Becomes First State to Enact ‘Mini HSR’ Notification Requirement

As of July 27, 2025, federal Hart-Scott-Rodino (HSR) Act filings will also need to be submitted to the Washington Attorney General (WA OAG) under Washington State’s Antitrust Premerger Notification Act (APNA) if the parties have… more

Antitrust Division, Antitrust Litigation, Antitrust Provisions, Department of Justice (DOJ), Due Diligence

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Michael Esquivel

H1 2025 Digital Health Recap: Proof in the Pudding

As we pass the midyear mark, 2025 is already shaping up to be one of digital health’s most validating years in recent memory. IPOs are (finally) back. AI-native tools are showing real-world traction with providers… more

Acquisitions, Artificial Intelligence, Digital Health, Emerging Technology Companies, Executive Orders

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Brandon Evans

Ninth Circuit Pumps Brakes on Character Copyright Claim over Action Movie Car

In a new precedential decision, the Ninth Circuit Court of Appeals held in Carroll Shelby Licensing, Inc. v. Halicki that “Eleanor,” a stable of Ford Mustangs that appears across four action films, is not a copyrightable… more

Appeals, Automotive Industry, Breach of Contract, Copyright, Copyright Infringement

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James Evans

SEC Adopts Rule Amendments to Provide Enhanced Disclosure of Rule 10b5-1 Plans and Insider Trading

On December 14, 2022, the U.S. Securities and Exchange Commission adopted amendments to Rule 10b5-1 under the Securities Exchange Act of 1934 (Exchange Act) and new disclosure requirements designed to enhance investor… more

10b5-1 Plans, Amended Rules, Board of Directors, Corporate Counsel, Corporate Governance

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Paul Famiglietti

SkyKick TM Row with Media Co. Sky Raises Key Risks for US and Global Brands

The United Kingdom Supreme Court’s decision in SkyKick v Sky highlights a critical trademark risk: Registering a brand for an overly broad range of products and services without an intent to use it across all categories can… more

Bad Faith, Brand, EU, Intellectual Property Litigation, International Trade

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Anthony Fares

Warner Chappell Warns Infringers: No Time Limit on Damages for Timely Copyright Claims

In a closely watched case about damages and the statute of limitations under the Copyright Act, the U.S. Supreme Court held yesterday in a 6-3 decision that, so long as claims are timely, the “Copyright Act contains no separate… more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

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David Feder

The DOJ’s New DEI Guidance: What It Means for Businesses, Contractors, and Whistleblowers

Since returning to office in January 2025, President Donald Trump has made scrutinizing DEI programs a central policy priority, including through the following pronouncements… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders, False Claims Act (FCA)

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Rebecca Fewkes

China at Center of DOJ Initiative to Protect US Companies from Trade Secret Misappropriation

The U.S. Intellectual Property Enforcement Coordinator submitted its Annual Intellectual Property Report to Congress in February. The report recognizes the economic importance of intellectual property and recommends enforcement… more

China, Criminal Prosecution, Department of Justice (DOJ), Government Investigations, Intellectual Property Protection

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Stephen Fisher

Buy-Side M&A Playbook: Post-Closing Integration - Navigating the Transition

Closing an aerospace or defense M&A deal is only the beginning. Successful integration requires careful planning to ensure compliance, operational continuity, and the retention of key personnel… more

Acquisitions, Aerospace, Business Operations, Defense Sector, Department of Defense (DOD)

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Julia Forbess

Delaware Supreme Court Provides Much-Anticipated Clarity on Reincorporations

This case stems from the proposed reincorporations of Tripadvisor, Inc. and Liberty TripAdvisor Holdings, Inc. from Delaware to Nevada, which were first presented to the corporations’ respective stockholders for approval in… more

Appeals, Board of Directors, Corporate Governance, Corporate Misconduct, Corporate Restructuring

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David Forst

IRS Memo Directs Agents to Speed Up Audits

A recent memo from the IRS's Large Business and International (LB&I) Division indicates an intention to resolve audits efficiently and provide taxpayers with opportunities to quickly settle and resolve issues… more

Audits, Corporate Counsel, Enforcement Actions, Expedited Actions Process, IRS

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Glenn Foulds Ph.D.

IP Due Diligence Review for Life Sciences Companies: Essential Preparations for Successful Transactions

For life sciences companies preparing for potential acquisition or investment, intellectual property (IP) often represents the cornerstone of your value, making thorough preparation and strategic foresight essential for… more

Acquisitions, Artificial Intelligence, Due Diligence, Intellectual Property Protection, Investors

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Xavier Frank

California State to Require Venture Capital Companies to Collect Diversity Data

California recently passed a bill, SB-54, in an effort to increase transparency regarding diversity in the venture capital industry and to encourage investments in diverse founders. SB 54 will require “covered entities” to… more

California, Data Collection, Disclosure Requirements, Diversity, Financial Reporting

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Robert Freedman

What We’re Watching Ahead of BIO 2025: Trends Shaping the Future of Biotech

As we head into BIO 2025 in Boston, our teams are closely watching trends in biotech and how those affect financings, business development, IP protection, risk, and litigation strategy. Here are eight key trends we’re… more

Artificial Intelligence, Biotechnology, Business Development, Clinical Trials, Data Privacy

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Kathryn Fritz

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a copyrighted… more

Anti-SLAPP, Class Action, Copyright, Corporate Counsel, First Amendment

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Esther Galan

Proposed Changes to the Use of Non-Compete Agreements in New York

The Trade Secrets Committee of the New York City Bar recently published a report proposing that New York State enact a statute to regulate the use of non-compete agreements. The committee had become increasingly concerned over… more

City of New York, Defend Trade Secrets Act (DTSA), Employer Rights, Non-Compete Agreements, Proposed Rules

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Elizabeth Gartland

IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers - January 2025

The IRS has issued two forms (along with accompanying instructions) that corporations must use to satisfy the return and information statement requirements under Section 6039 of the Internal Revenue Code of 1986, as amended… more

Compensation & Benefits, Employee Benefits, Employee Stock Purchase Plans, Incentive Stock Options, Income Taxes

See all updates »

Joshua Geffon

SEC Proposes Rules on the Use of AI by Registered Investment Advisers and Broker-Dealers

In light of concerns associated with artificial intelligence (AI) and AI-adjacent technologies such as machine learning in the field of investment advisory, the Securities and Exchange Commission (SEC) proposed new rules on July… more

Analytics, Artificial Intelligence, Broker-Dealer, Conflicts of Interest, Investment Adviser

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Sheeva Ghassemi

CLE Takeaways: Employment Law Updates Businesses Should Know for 2025

In 2024, we witnessed a wave of transformative changes in employment laws, from expanded leave protections and new paid leave mandates to increased pay transparency requirements for employers… more

Artificial Intelligence, Bias, Diversity and Inclusion Standards (D&I), Employee Benefits, Employment Discrimination

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Jason Gindi

4 Antitrust Enforcement Trends for 2024

In the coming year, Federal Trade Commission (“FTC”) Chair Lina Khan and Department of Justice (“DOJ”) Assistant Attorney General of the Antitrust Division Jonathan Kanter are expected to continue to advance a more aggressive… more

Acquisitions, Antitrust Provisions, Competition, Corporate Counsel, Cross-Border

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Aaron Ginsburg

SEC Proposes Rules on the Use of AI by Registered Investment Advisers and Broker-Dealers

In light of concerns associated with artificial intelligence (AI) and AI-adjacent technologies such as machine learning in the field of investment advisory, the Securities and Exchange Commission (SEC) proposed new rules on July… more

Analytics, Artificial Intelligence, Broker-Dealer, Conflicts of Interest, Investment Adviser

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Ian Goldstein

Q1 2025 Venture Beacon: Key VC Market Trends

In this edition of the J.P. Morgan Venture Beacon, we analyze venture deals from Series Seed through Series D+ to surface the real-time dynamics shaping today’s startup ecosystem. Produced in collaboration with J.P. Morgan |… more

Artificial Intelligence, Board of Directors, Corporate Governance, FinTech, Investment

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Mallory Goodwin

California’s SB 354 Could Usher in New Privacy Laws for Tech Companies Serving the Insurance Industry

California is once again at the forefront of privacy regulation, this time with a sharp focus on the insurance sector. California’s proposed Senate Bill 354, styled as the Insurance Consumer Privacy Protection Act of 2025… more

Consumer Privacy Rights, Data Privacy, Insurance Industry, Privacy Laws, Proposed Legislation

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Stephen Graham

Investment in eHealth: 2014, and what the future holds

Digital health, a category that was virtually nonexistent five years ago, has exploded in recent years and shows the potential to remake the way healthcare is delivered worldwide. Rock Health, the digital health incubator,… more

Digital Health, Emerging Technology Companies, Healthcare, Venture Funding

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Kara Grandin

Ninth Circuit Reinforces Stricter Standards for Online User Agreements

On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service… more

Appeals, Arbitration, Arbitration Agreements, Class Action, Clickwrap Agreements

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Wendy Grasso

Takeaways from CARB’s Second Workshop on California’s Corporate Climate Disclosure Rules

On August 21, 2025, The California Air Resources Board (CARB) held its second virtual workshop to “support the development of California’s Corporate Greenhouse Gas Reporting Program” reflected in the Climate Corporate Data… more

Amended Legislation, CAISO, CARB, Climate Change, Corporate Governance

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Marc Greco

Say What You Do…Do What You Say…Only See What…

Case Overview - This week’s U.S. Securities and Exchange Commission enforcement cease-and-desist order (Order) In re App Annie Inc., out of the SEC’s San Francisco Regional Office, underscores the importance of taking… more

Cease and Desist Orders, Civil Monetary Penalty, Cryptocurrency, Data Management, Data Privacy

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Todd Gregorian

Coronavirus Update: Employer Response, Contract Performance, and Public Company Disclosure Guidance

Impacts of Coronavirus on Commercial Agreements and Public Company Disclosures - COVID-19, a disease caused by the novel coronavirus, has now spread to at least 70 countries, including the United States. Our thoughts are first… more

Breach of Contract, Contract Management, Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements

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Mary Griffin Sims

Ninth Circuit to Rehear Appealability of Denied Anti-SLAPP Motions

The Ninth Circuit has granted a rehearing en banc in Martinez v. ZoomInfo Tech., Inc. concerning the appealability of denial of anti-SLAPP motions under the collateral order doctrine. Historically, the Ninth Circuit has… more

Anti-SLAPP, Appeals, Collateral Order Doctrine, Denial of Rehearing, Erie Doctrine

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Patrick Grilli

Buy-Side M&A Playbook: Post-Closing Integration - Navigating the Transition

Closing an aerospace or defense M&A deal is only the beginning. Successful integration requires careful planning to ensure compliance, operational continuity, and the retention of key personnel… more

Acquisitions, Aerospace, Business Operations, Defense Sector, Department of Defense (DOD)

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Jennifer Gutenberg

Trump’s Shakeup of the NLRB and EEOC: Spring 2025 Update

In his first few months in office, President Donald Trump has taken significant steps to reshape the composition and enforcement priorities of the National Labor Relations Board (NLRB) and the Equal Employment Opportunity… more

Diversity and Inclusion Standards (D&I), Equal Employment Opportunity Commission (EEOC), Executive Orders, NLRB, Quorum

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Myles Gutenkunst

Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering… more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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J. David Hadden

Federal Circuit Reaffirms Scope of Safe Harbor Defense to Patent Infringement

In 2019, Edwards Lifesciences Corporation sued Meril Life Sciences Pvt. Ltd. for patent infringement in the Northern District of California, with Fenwick representing Meril in the district court case and the recent appellate… more

Corporate Counsel, Defense Strategies, En Banc Review, FDA Approval, Food and Drug Administration (FDA)

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Adam Halpern

Five Tax Cases that May Impact Your Business 2024

The book has closed on 2023, but several recent tax-related rulings are sure to have ripple effects into 2024 and beyond—particularly with respect to transfer pricing and foreign tax credits. Here are five cases that will… more

Chevron Deference, Economic Substance Doctrine, IRS, Loper Bright Enterprises v Raimondo, Moore v US

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Zach Harned

Trump Administration Releases Sweeping AI Action Plan

On July 23 and 24, 2025, the Trump administration released its “Winning the AI Race: America’s AI Action Plan,” a far-reaching strategy aimed at advancing U.S. leadership in artificial intelligence… more

Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors, Federal Procurement Systems

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Reanne Swafford-Harris

CLE Takeaways: Employment Law Updates Businesses Should Know for 2025

In 2024, we witnessed a wave of transformative changes in employment laws, from expanded leave protections and new paid leave mandates to increased pay transparency requirements for employers… more

Artificial Intelligence, Bias, Diversity and Inclusion Standards (D&I), Employee Benefits, Employment Discrimination

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Peter Hart

5 Considerations for Video Game Companies in 2025

Video game companies are often eager to adopt new technologies, like artificial intelligence (AI), to enhance player experiences. However, stricter privacy and AI regulations require companies to take extra precautions to… more

Artificial Intelligence, COPPA, Intellectual Property Protection, IP Portfolio, Privacy Laws

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Saad Hassan

Justice Barrett to Bring Clarity to Patent Eligibility Law?

Each time the U.S. Supreme Court has addressed patent eligibility, the law surrounding what can and cannot be patented has become murkier. Most recently, the wake of the Supreme Court’s Alice ruling has led to irreconcilable… more

Alice/Mayo, Bilski, Myriad, Patent-Eligible Subject Matter, SCOTUS

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Kris Hatch

IRS Memo Directs Agents to Speed Up Audits

A recent memo from the IRS's Large Business and International (LB&I) Division indicates an intention to resolve audits efficiently and provide taxpayers with opportunities to quickly settle and resolve issues… more

Audits, Corporate Counsel, Enforcement Actions, Expedited Actions Process, IRS

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David Hayes

Buy-Side M&A Playbook: Post-Closing Integration - Navigating the Transition

Closing an aerospace or defense M&A deal is only the beginning. Successful integration requires careful planning to ensure compliance, operational continuity, and the retention of key personnel… more

Acquisitions, Aerospace, Business Operations, Defense Sector, Department of Defense (DOD)

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David Healy

Mergers and Acquisitions Alert: Lazard v. Qinetiq: Important Lessons for Structuring Earn-Outs

Overview - A recent Delaware Supreme Court case authored by Chief Justice Strine upholds the literal meaning of an earn-out provision that limited the buyer from taking action “intended to reduce or limit an earn-out… more

Corporate Counsel

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Cynthia Clarfield Hess

Q2 2025 Venture Beacon: Key VC Market Trends

If you’re raising early-stage capital, the outlook appears strong, but for late-stage companies, the bar is higher than ever. In partnership with Aumni, a J.P. Morgan company, we’re pleased to share the Q2 2025 edition of the… more

Artificial Intelligence, Capital Raising, Early Stage Companies, Financing, Investors

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Brian Hicks

What is a “Pay-to-Play” Financing?

Let’s start with a hypothetical: Tough Times, Inc. is in the market for another round of financing. By “in the market,” we mean they have spoken to dozens of ventures funds, have had first meetings with many and second meetings… more

Cramdown, Pay-To-Play, Popular, Securities and Exchange Commission (SEC), Venture Capital

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Jennifer Hitchcock

Don’t Wait for the DOJ to Come Knocking: Important Whistleblower Protection and AI Risk Management Updates

In September 2024, the DOJ’s Criminal Division released an updated Evaluation of Corporate Compliance Programs (ECCP) guidance document to address emerging risks. The ECCP serves as a roadmap for how DOJ evaluates a company’s… more

Anti-Retaliation Provisions, Chief Compliance Officers, Compliance, Compliance Management Systems, Department of Justice (DOJ)

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Brian Hoffman

How Will Arthrex Affect PTAB Outcomes? Likely, Not Much

The U.S. Supreme Court’s opinion in United States v. Arthrex has shaken up the Patent Trial and Appeals Board but will likely have little effect on case outcomes. Arthrex involved a challenge to the constitutionality of the… more

Administrative Patent Judges, Appointments Clause, Director of the USPTO, Executive Branch, Final Written Decisions

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Sarah Hopkins

California’s SB 354 Could Usher in New Privacy Laws for Tech Companies Serving the Insurance Industry

California is once again at the forefront of privacy regulation, this time with a sharp focus on the insurance sector. California’s proposed Senate Bill 354, styled as the Insurance Consumer Privacy Protection Act of 2025… more

Consumer Privacy Rights, Data Privacy, Insurance Industry, Privacy Laws, Proposed Legislation

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Robert Hulse

DeepSeek, Model Distillation, and the Future of AI IP Protection

A flurry of developments in late January 2025 has caused quite a buzz in the AI world. On January 20, DeepSeek released a new open-source AI model called R1 and an accompanying research paper… more

Artificial Intelligence, Contract Terms, Copyright, Copyright Infringement, Data Protection

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Caroline Humphreys

CLE Takeaways: The Risks and Rewards of Recurring Subscriptions

For companies offering subscription-based services, the regulatory landscape is becoming increasingly complex, with recent updates to federal and state laws creating new compliance requirements that demand careful attention and… more

Cancellation Rights, Consumer Protection Laws, Federal Trade Commission (FTC), Final Rules, Subscription Services

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Mark Jansen

First Federal Crackdown on Deepfakes: TAKE IT DOWN Act Signed

On May 19, 2025, President Donald Trump signed the bipartisan TAKE IT DOWN Act into law, marking a significant federal initiative to combat the distribution of non-consensual intimate imagery (sometimes referred to… more

Artificial Intelligence, Criminal Prosecution, Data Privacy, Deep Fake, Federal Trade Commission (FTC)

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Ryan Johnson

Key Takeaways: Strategies from the First Two Years of the UPC

The Unified Patent Court (UPC) represents a transformative development in European patent litigation. Fenwick’s Ryan Johnson teamed up with Bird & Bird’s Boris Kreye and Chris de Mauny to explore important considerations and… more

European Commission, Life Sciences, Litigation Strategies, Patent Infringement, Patent Litigation

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Melanie Jolson

CLE Takeaways: Top 10 Privacy & Cybersecurity Must-Knows for 2025

The legal landscapes for privacy and cybersecurity continue to evolve rapidly, presenting both challenges and opportunities for innovative companies. Indeed, 2024 was a busy year, with the enactment of a number of new federal… more

Artificial Intelligence, Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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Christopher Joslyn

Key IP Considerations in Corporate Venture Capital Transactions

Corporate venture capital—venture investing by large corporations and other institutions for both financial and strategic objectives—has grown significantly over the last decade and has become an integral part of the innovation… more

Compliance, Data Protection, Due Diligence, Investors, Startups

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Jessica Kaempf

Healthtech Patents: What Alivecor v. Apple Means for AI-Powered Innovation

A major Federal Circuit ruling just sent a clear message to AI-driven healthtech companies: AI alone won’t get you a patent… more

Algorithms, Appeals, Apple, Artificial Intelligence, Health Technology

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Zachary Kalinowski

Ninth Circuit Limits Forum Shopping Against E-Commerce Platforms

On November 29, 2023, a Ninth Circuit panel affirmed the lower court’s decision in Briskin v. Shopify, limiting the court’s jurisdictional reach against e-commerce platforms alleged to have violated privacy and unfair… more

Data Collection, Data Retention, E-Commerce, Online Platforms, Personal Jurisdiction

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Oliver Katz

Trump’s Shakeup of the NLRB and EEOC: Spring 2025 Update

In his first few months in office, President Donald Trump has taken significant steps to reshape the composition and enforcement priorities of the National Labor Relations Board (NLRB) and the Equal Employment Opportunity… more

Diversity and Inclusion Standards (D&I), Equal Employment Opportunity Commission (EEOC), Executive Orders, NLRB, Quorum

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Julia Kerr

California State to Require Venture Capital Companies to Collect Diversity Data

California recently passed a bill, SB-54, in an effort to increase transparency regarding diversity in the venture capital industry and to encourage investments in diverse founders. SB 54 will require “covered entities” to… more

California, Data Collection, Disclosure Requirements, Diversity, Financial Reporting

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Catherine Kevane

Will a Recent U.S. Supreme Court Decision Encourage More Companies to Go Public Through a Direct Listing? Implications of Slack Technologies v. Pirani

On June 1, 2023, the U.S. Supreme Court (the Supreme Court) issued a much-anticipated decision in the case captioned Slack Technologies, LLC, fka Slack Technologies, Inc. (Slack), et al. v. Pirani (the Slack Decision), which may… more

Corporate Governance, Direct Listing, Emerging Technology Companies, Publicly-Traded Companies, SCOTUS

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Mudasar Khan

FTC’s Proposed Updates to the COPPA Rule Seek to Impose New Limitations on the Use of Children’s Personal Information and New Compliance Obligations on Businesses

Enacted in 1996, the Children’s Online Privacy Protection Act (COPPA) is the nation’s longest standing and most comprehensive statute aimed at regulating the collection, use and sharing of the personal information of… more

Comment Period, COPPA, Data Collection, Data Protection, Federal Trade Commission (FTC)

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Monica Kim

California Bans Hidden Fees

Beginning July 1, 2024, businesses that transact with California consumers may not apply additional fees or charges at checkout that were not disclosed in the advertised price (sometimes called “drip pricing”). Drip pricing is… more

California, CLRA, Disclosure Requirements, Excessive Fees, New Legislation

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John Kind

Important New Exemptions to the Copyright Law’s Anti-circumvention Provisions

Nearly 25 years ago, the Digital Millennium Copyright Act was added to the Copyright Act. Among its provisions were “paracopyright” measures extending protection in areas well beyond that of traditional copyright law. One such… more

Copyright, Copyright Infringement, Copyright Litigation, Digital Media, DMCA

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Malashaan Kind

5 Considerations for Video Game Companies in 2025

Video game companies are often eager to adopt new technologies, like artificial intelligence (AI), to enhance player experiences. However, stricter privacy and AI regulations require companies to take extra precautions to… more

Artificial Intelligence, COPPA, Intellectual Property Protection, IP Portfolio, Privacy Laws

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Benjamin Kingsley

The DOJ’s New DEI Guidance: What It Means for Businesses, Contractors, and Whistleblowers

Since returning to office in January 2025, President Donald Trump has made scrutinizing DEI programs a central policy priority, including through the following pronouncements… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders, False Claims Act (FCA)

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Kevin Kirby

FinCEN Delays Investment Adviser AML/CFT Rule to January 2028: What Fund Managers Should Know

On July 21, 2025, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced that it intends to postpone the effective date of its 2024 investment advisor AML rule for registered investment… more

AML/CFT, Customer Due Diligence (CDD), FinCEN, Investment Adviser, Know Your Customers

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Nicholas Klenow

Navigating and Litigating 'Commercially Reasonable Efforts' Provisions: Considerations and Strategies for Tech & Life Sciences Companies

Commercially reasonable efforts (CRE) provisions are a common feature in technology and life sciences agreements, particularly in development collaborations, licensing deals, and milestone-based contracts… more

Commercially Reasonable Efforts, Contract Disputes, Contract Terms, Dispute Resolution, Intellectual Property Litigation

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Andrew Klungness

The Rise (and Risks) of AI Agents in Crypto

As artificial intelligence continues to transform multiple industries, AI agents have emerged as one of the most promising—and compelling—applications of AI in the crypto space. From automated trading bots, to token-powered… more

Agents, Artificial Intelligence, Bots, Breach of Contract, Common Law Torts

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Michael Knobler

SEC Charges Retailer with Failing to Disclose Aircraft Perks

On December 17, the U.S. Securities and Exchange Commission announced it settled charges against fashion retailer Express, Inc. for failing to disclose $979,269 worth of perquisites and personal benefits provided to its former… more

CEOs, Corporate Executives, Disclosure Requirements, Enforcement Actions, Failure To Disclose

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Bryan Kohm

Federal Circuit Denies Request to Block Disclosure of Litigation Funding Information

Patent assertion entities make up a significant portion of patent litigation practice today. Many of these entities form just days or weeks before acquiring a patent and filing a complaint. Just as often, these entities’… more

Appeals, Delaware, Disclosure, Litigation Funding, Patent Assertion Entities

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Barry Kramer

Silicon Valley Venture Capital Flash Report - October 2020

This survey is a special interim report to highlight changes in the Silicon Valley venture capital environment through October 2020 in light of the COVID-19 pandemic. Please note that when providing data on a monthly basis,… more

Capital Raising, Coronavirus/COVID-19, Corporate Financing, Life Sciences, Silicon Valley

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Dean Kristy

Two Suits Challenge Application of New Texas Governance Laws

Texas has enacted significant legislation in the past few months designed to attract more corporations to its state and challenge Delaware’s dominance as the preferred state for incorporation. We are now seeing the first… more

Amended Legislation, Constitutional Challenges, Corporate Governance, Corporations Code, Derivative Suit

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Garner Kropp

Artist’s Copyright Claim against Stability AI Moves Forward Following a First-of-Its Kind Ruling

Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale… more

Artificial Intelligence, Artists, Copyright, Copyright Infringement, Copyright Litigation

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Julia Kuelzow

Commerce Department Expands Export Jurisdiction for Foreign-Made Items to Iran: Foreign Direct Product Rule Update

On July 24, 2024, the Commerce Department’s Bureau of Industry and Security (BIS) announced amendments to the U.S. Export Administration Regulations (EAR), expanding the reach of U.S. export jurisdiction over certain… more

Amended Regulation, Bureau of Industry and Security (BIS), Commerce Control List, Export Administration Regulations (EAR), Export Controls

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Johnson Kuncheria

Key Federal Circuit Patent Rulings Impacting Your Business…

In EcoFactor, Inc. v. Google LLC, the en banc United States Court of Appeals for the Federal Circuit reversed a district court’s denial of a new trial on damages because EcoFactor’s expert’s opinion was unreliable under Fed. R… more

Contract Interpretation, Contract Terms, Damages, Daubert Standards, En Banc Review

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Ryan Kwock

Katy Perry’s “Dark Horse” Comes Out in Front: Ninth Circuit Affirms No Infringement in Copyright Lawsuit

Songs often share components that sound similar to one another, which frequently raises the question of whether copyright infringement has occurred. On March 10, 2022, the U.S. Court of Appeals for the Ninth Circuit held—in a… more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Jury Verdicts

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Santino Labate

Understanding the DEA’s New Telemedicine Rules: FAQ for Healthcare Providers and Telehealth Companies

The U.S. Drug Enforcement Administration (DEA) recently announced new rules that will impact telemedicine practices, especially concerning remote prescribing of controlled substances… more

Comment Period, Controlled Substances, DEA, Final Rules, Health Care Providers

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Alexej Ladonnikov

SEC’s Corp Fin Says Most Stablecoins Are Not Exchanged in Securities Transactions

On April 4, the SEC released a Statement on Stablecoins. In the statement, the Division of Corporation Finance provides its view that offers and sales of a certain subset of crypto assets commonly known as “stablecoins”… more

Corp Fin, Cryptoassets, Digital Assets, Enforcement, Howey

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Vejay Lalla

California’s New AI Laws Limit Uses of Digital Likeness

On September 17, California Governor Gavin Newsom signed into law a pair of artificial intelligence (AI) bills, Assembly Bill 2602 (AB 2602) and Assembly Bill 1836 (AB 1836), which introduce new regulatory requirements and… more

Artificial Intelligence, Biden Administration, Celebrities, Compliance, Deceased

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Shawn Lampron

IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers - January 2025

The IRS has issued two forms (along with accompanying instructions) that corporations must use to satisfy the return and information statement requirements under Section 6039 of the Internal Revenue Code of 1986, as amended… more

Compensation & Benefits, Employee Benefits, Employee Stock Purchase Plans, Incentive Stock Options, Income Taxes

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Heidi Lawson

California’s SB 354 Could Usher in New Privacy Laws for Tech Companies Serving the Insurance Industry

California is once again at the forefront of privacy regulation, this time with a sharp focus on the insurance sector. California’s proposed Senate Bill 354, styled as the Insurance Consumer Privacy Protection Act of 2025… more

Consumer Privacy Rights, Data Privacy, Insurance Industry, Privacy Laws, Proposed Legislation

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Melissa Lawton

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration agreements… more

Appellate Courts, Arbitration, Arbitration Agreements, Arbitration Fees, CA Supreme Court

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Mark Leahy

Q1 2025 Venture Beacon: Key VC Market Trends

In this edition of the J.P. Morgan Venture Beacon, we analyze venture deals from Series Seed through Series D+ to surface the real-time dynamics shaping today’s startup ecosystem. Produced in collaboration with J.P. Morgan |… more

Artificial Intelligence, Board of Directors, Corporate Governance, FinTech, Investment

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Bomi Lee

Strategies to Accelerate Divestitures: A Road Map to Streamlining the Process While Reducing Risk

Divestment activity is poised to increase over previous years as COVID-19 economic conditions put pressure on companies to rebalance operating portfolios. A 2020 EY Global Corporate Divestment Study, released earlier this… more

Buyers, Carve Out Provisions, Coronavirus/COVID-19, Divestiture, Employees

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Felix Lee

Delaware Chancery Court Orders Recission of Elon Musk Moonshot Grant in Important Case on Transactions with Potential Corporate Controllers

Background on Moonshot Award Practices - In the years leading up to the slowdown in the IPO markets in late 2021, it had become increasingly common for high-growth technology companies to grant large equity incentive awards… more

Board of Directors, CEOs, Compensation, Controlling Stockholders, Corporate Governance

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Susan Lee

New Year, New Merger Control Thresholds and Filing Fees

The Federal Trade Commission (FTC) announced 2024 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions may be required to be reported to United States federal antitrust… more

Acquisitions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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Matthew Lem

Inside USPTO’s AI Subject Matter Eligibility Guidance

In accordance with President Biden’s Executive Order on the use of Artificial Intelligence (AI) in October 2023, the U.S. Patent and Trademark Office (USPTO) has issued new subject matter eligibility guidance relating to AI… more

Artificial Intelligence, Biden Administration, Executive Orders, New Guidance, Patent Applications

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Jonathan Lenzner

DOJ and BIS Flex Enforcement Priorities as U.S. Semiconductor Design Company Agrees to Guilty Plea and $140M Fine

On July 28, 2025, the National Security Division of the U.S. Department of Justice (DOJ) and the U.S. Department of Commerce, Bureau of Industry and Security (BIS), announced parallel criminal and civil-administrative export… more

Bureau of Industry and Security (BIS), China, Criminal Prosecution, Department of Justice (DOJ), Enforcement Priorities

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Steven Levine

Legal Resource Guide for Startup Entrepreneurs

In this Guide: - Guide to Starting a Corporation - Venture Capital for High Technology Companies - Angel/Seed Financing Survey – 2012: Internet/Digital Media and Software Industries - Trends in… more

Entrepreneurs, Patents, Startups, Venture Capital

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James Li

Silicon Valley Venture Capital Survey – Fourth Quarter 2023

Our survey analyzed the terms of 171 venture financings closed in the fourth quarter of 2023 by companies headquartered in Silicon Valley. Fourth-quarter Bay Area venture capital financings remained largely flat from the… more

Capital Raising, Corporate Financing, Emerging Technology Companies, Entrepreneurs, Life Sciences

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Su Li Ph.D.

FTC Takes Aim Against Deceptive AI Practices

In February 2023, the Federal Trade Commission (FTC) issued guidance to companies to keep their artificial intelligence (AI) claims in check and urged them not to exaggerate the capabilities of their AI products or technology… more

Artificial Intelligence, Copyright, Deep Fake, Digital Media, Emerging Technologies

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Jefferson Lin

CMS Seeks Public Input to Modernize the Digital Health Ecosystem for Medicare Beneficiaries

The Centers for Medicare & Medicaid Services (CMS) has issued a new Request for Information (RFI) aimed at transforming how digital health tools serve Medicare beneficiaries… more

Beneficiaries, Centers for Medicare & Medicaid Services (CMS), Digital Health, Government Agencies, Healthcare Reform

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Jennifer Lin

Key Takeaways from Digital Health Counsel 2024 AI Summit

Walking away from Digital Health Counsel 2024 AI Summit, the stunning impact that AI and data-powered innovation are making on healthcare is undeniable. Organized by Ogden Murphy Wallace and sponsored by Fenwick, the summit was… more

Artificial Intelligence, Digital Health, Ethics, EU, Food and Drug Administration (FDA)

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Jessica Lin

Key Federal Circuit Patent Rulings Impacting Your Business…

In EcoFactor, Inc. v. Google LLC, the en banc United States Court of Appeals for the Federal Circuit reversed a district court’s denial of a new trial on damages because EcoFactor’s expert’s opinion was unreliable under Fed. R… more

Contract Interpretation, Contract Terms, Damages, Daubert Standards, En Banc Review

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Aaron Liskov

House Reconciliation Bill Would Restore Expensing for Domestic R&D Prospectively

On May 22, 2025, the U.S. House of Representatives passed a reconciliation bill (commonly referred to as the “One Big Beautiful Bill”), which would restore expensing for domestic research and development expenses incurred in tax… more

Biotechnology, Budget Reconciliation, Corporate Taxes, Federal Budget, Income Taxes

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Ron Llewellyn

ESG Insights: Silicon Valley’s Largest Public Tech and Life Sciences Companies Expanded ESG Reporting in 2023

Amidst challenges and conflicting demands from a variety of stakeholders, technology and life sciences companies have increased their voluntary disclosure regarding environmental, social and governance (ESG) concerns. Despite… more

Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Donna Long

Key Federal Circuit Patent Rulings Impacting Your Business - Recent Rulings

In Wisconsin Alumni Research Foundation v. Apple, the Federal Circuit expanded the preclusive effect of non-infringement rulings. It ruled that prior judgments of non-infringement can prevent follow-on lawsuits involving… more

America Invents Act, Apple, Claim Preclusion, Doctrine of Equivalents, Noninfringement

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Anne Marie Longobucco

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create… more

Advertising, Artificial Intelligence, Authorship, Corporate Counsel, False Advertising

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Andrea Louie

DOJ Cryptocurrency Enforcement Framework Highlights Risk for Those Engaged in Virtual Asset and Cryptocurrency Activity

In case it was not already clear, the U.S. Department of Justice recently confirmed that ensuring the use of cryptocurrency “is safe, and does not imperil our public safety or our national security, is vitally important to… more

Attorney General, BSA/AML, Cryptocurrency, Department of Justice (DOJ), Digital Currency

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Ariel Love

Fenwick Writes Comment Letter on Notice 2023-63 on Amortization of Specified Research or Experimental Expenditures under Section 174

Following the IRS’s issuance of guidance in Notice 2023-63 regarding R&D capitalization under Section 174, a working group of several Fenwick tax group attorneys commented to the IRS and the U.S. Treasury Department on important… more

Amortization, Disclosure Requirements, Internal Revenue Code (IRC), IRS, Life Sciences

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Shirley Luk

New Washington Mini-WARN Act for Mass Layoffs and Business Site Closures

Washington is the latest state to enact a Mini-Worker Adjustment and Retraining Notification (WARN) law. Effective July 27, 2025, the Securing Timely Notification and Benefits for Laid-Off Employees Act (SB 5525) imposes notice… more

Business Closures, Covered Employer, Employee Benefits, Employer Liability Issues, Exceptions

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Victoria Lupu

CLE Takeaways: 2025 Life Sciences M&A Trends

While life sciences M&A activity surges in today’s markets, the shift in regulatory enforcement priorities, constant innovation in technology, and strategic growth opportunities are changing the way dealmakers are approaching… more

Acquisitions, Antitrust Provisions, Department of Justice (DOJ), Enforcement Priorities, Federal Trade Commission (FTC)

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Elizabeth Mandle

The Corporate Transparency Act: Reporting Obligations Reinstated - Key Reminders Ahead of March 21 Filing Deadline

The Corporate Transparency Act (CTA) has been reinstated, and companies should proceed with preparing and filing their Beneficial Ownership Information Report (BOIR) ahead of the March 21, 2025, deadline… more

Beneficial Owner, Compliance Dates, Corporate Governance, Corporate Transparency Act, Filing Deadlines

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Katherine Marshall

SEC v. SolarWinds: Court Dismisses the Majority of the SEC’s Securities Fraud Claims

On July 18, Judge Paul Engelmayer of the Southern District of New York issued a lengthy order dismissing the majority of the SEC’s enforcement case against SolarWinds Corporation (SolarWinds) and its CISO, Timothy Brown. The… more

Chief Information Security Officer (CISO), Corporate Counsel, Corporate Governance, Cyber Attacks, Cybersecurity

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Andrew Martinez

The Power of Procurement Contracts: Software Manufacturer May Bring IP Claims Against Federal Agency

A glimmer of hope from the Federal Circuit for software manufacturers looking to enforce license agreements against the U.S. Federal Government. In an order issued March 6, 2024, the court said entities licensing software to… more

Appeals, CBCA, Contract Disputes Act, EULA, Federal Procurement Systems

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Rebecca Matsumura

SEC Staff Statement Concludes Protocol Staking Is Not a Securities Transaction

On May 29, 2025, the SEC’s Division of Corporation Finance (Corp Fin) released a Statement on Certain Protocol Staking Activities clarifying that certain crypto asset staking activities on proof-of-stake (PoS) blockchain… more

Blockchain, Cryptocurrency, Digital Assets, Howey, Investment Contract

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Katarina Mattmuller

SEC Outlines Disclosure Expectations for Offerings and Registrations of Securities in Crypto Asset Markets

On April 10, 2025, the SEC’s Division of Corporation Finance (the Division) released a statement providing its views on disclosure requirements for Offerings and Registrations of Securities in the Crypto Asset Markets… more

Corporate Governance, Cryptoassets, Digital Assets, Disclosure Requirements, FinCEN

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Melanie Mayer Ph.D.

Federal Circuit Reaffirms Scope of Safe Harbor Defense to Patent Infringement

In 2019, Edwards Lifesciences Corporation sued Meril Life Sciences Pvt. Ltd. for patent infringement in the Northern District of California, with Fenwick representing Meril in the district court case and the recent appellate… more

Corporate Counsel, Defense Strategies, En Banc Review, FDA Approval, Food and Drug Administration (FDA)

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Stephanie Maynes Aldous

New Regulatory Challenges for Private Equity and Hedge Fund Healthcare Transactions: Understanding the Impact of California’s AB 3129

California’s healthcare ecosystem may soon experience significant regulatory changes as Assembly Bill 3129 (AB 3129) heads to Gov. Gavin Newsom's desk for approval… more

Acquisitions, Asset Transfer, Change in Control, Corporate Practice of Medicine, Governor Newsom

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Sean McCauley

DOJ Unpauses FCPA Enforcement with New Limits

On February 10, 2025, the president signed an executive order that paused investigation and enforcement of the FCPA for a period of 180 days, required the DOJ to review any existing FCPA investigation or prosecution, and to… more

Anti-Corruption, Bribery, Compliance, Corporate Investigations, Criminal Investigations

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Catherine McCord

Express License for “Uncle” Patent Leads to Implied License for Asserted Patent

In Cheetah Omni v. AT&T Services, the U.S. Court of Appeals for the Federal Circuit recently issued a decision that stresses the importance of meticulously drafting license agreements. In February, the court denied an attempt… more

Appeals, Grandfathering Rules, IP License, Patent Infringement, Patents

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Daniel McCoy

New Washington Mini-WARN Act for Mass Layoffs and Business Site Closures

Washington is the latest state to enact a Mini-Worker Adjustment and Retraining Notification (WARN) law. Effective July 27, 2025, the Securing Timely Notification and Benefits for Laid-Off Employees Act (SB 5525) imposes notice… more

Business Closures, Covered Employer, Employee Benefits, Employer Liability Issues, Exceptions

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Sean McElroy

UPDATE: Trump Signs Joint Resolution Repealing DeFi Broker Reporting

On April 10, 2025, President Donald Trump signed a joint resolution to repeal the DeFi broker reporting regulations which were finalized in December in T.D. 10021… more

Brokers, Cryptocurrency, Decentralized Finance (DeFi), Deregulation, Digital Assets

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Kevin McGann

Navigating the PTAB’s New Discretionary Denial Landscape: Strategic Shifts for Patent Challenges

The Patent Trial and Appeal Board (PTAB) has undergone significant changes in how it evaluates patent challenges, creating both opportunities and obstacles for technology and life sciences companies… more

Inter Partes Review (IPR) Proceeding, Life Sciences, Litigation Strategies, Patent Applications, Patent Invalidity

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Jonathan McMichael

Federal Circuit Confirms: Prosecution History Disclaimer Applies to Design Patents Too

Many industries rely on design patents to protect the look and feel of their products—especially when aesthetics drive customer interest, brand identity, or market differentiation. In Top Brand LLC v. Cozy Comfort Company LLC,… more

Brand, Claim Construction, Corporate Branding, Design Patent, Disclaimers

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Ryan McRobert

Seattle Tech Week 2025: What Makes Seattle the Next Great Tech Hub?

Seattle Tech Week is on the horizon, and the anticipation is building as the city prepares to showcase its thriving tech ecosystem. Seattle has long been a home to tech giants, but in recent years, it has transcended its… more

Aerospace, Artificial Intelligence, Biotechnology, Clean Energy, Cloud Computing

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Jake Medvitz

Recent Developments in Tariffs

The Trump administration has announced multiple new developments in U.S. tariff policy since our April update. The administration is using several different tools to implement tariffs, including § 232 and 301 investigations… more

Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade, Investigations, Section 232

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Molly Melcher

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration agreements… more

Appellate Courts, Arbitration, Arbitration Agreements, Arbitration Fees, CA Supreme Court

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Claire Mena

SEC Charges AI Co. Audit Cmte. Chair with Failing to Adequately Investigate Report of Financial Misdeeds, Signing 10-K Containing Fake Revenue

On September 16, 2024, the Securities and Exchange Commission (SEC) filed civil charges against former CEO Paul D. Roberts, former Chief Financial Officer Joshua A. Weiss, and former Audit Committee Chair Grainne M. Coen of AI… more

Audit Committee, Auditors, Criminal Prosecution, Financial Reporting, Form 10-K

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Stuart Meyer

Trump Administration Releases Sweeping AI Action Plan

On July 23 and 24, 2025, the Trump administration released its “Winning the AI Race: America’s AI Action Plan,” a far-reaching strategy aimed at advancing U.S. leadership in artificial intelligence… more

Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors, Federal Procurement Systems

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Sarah Meyers

Top 10 Best Practices for Ethical and Transparent AI Product Advertising

1. Don’t exaggerate your AI product’s abilities. The FTC has recently warned businesses that false or deceptive claims about the capabilities of AI products can subject companies to liability, as it would for any deceptive… more

Advertising, Artificial Intelligence, Best Practices, Disclosure, Disclosure Requirements

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David Michaels

CLE Takeaways: 2025 Life Sciences M&A Trends

While life sciences M&A activity surges in today’s markets, the shift in regulatory enforcement priorities, constant innovation in technology, and strategic growth opportunities are changing the way dealmakers are approaching… more

Acquisitions, Antitrust Provisions, Department of Justice (DOJ), Enforcement Priorities, Federal Trade Commission (FTC)

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Chrissy Milanese

Federal Circuit Turns the Burden on Trademark Owners to Prove Identical Third-Party Marks Are Not in Use

In Spireon, Inc. v. Flex Ltd., No. 2022-1578 (Fed. Cir. June 26, 2023), the Federal Circuit took a surprising turn in which it held that it is the trademark owner’s burden to prove that identical third-party marks put forth by… more

Corporate Counsel, Intellectual Property Protection, Likelihood of Confusion, Non-Use of Trademarks, Trademark Litigation

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Jonathan Millard

Fenwick Privacy Bulletin - Summer 2017

In This Issue - Ransomware Advisory - The WannaCry ransomware attack that began on May 12 infected 230,000 computers in more than 150 countries within a few days. The scope of the attack was unprecedented—which is just one… more

Biometric Information, Biometric Information Privacy Act, China, Cyber Attacks, Cybersecurity

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Geoff Miller

Key Federal Circuit Patent Rulings Impacting Your Business - Recent Rulings - January 2025

Contour IP v. GoPro: Federal Circuit Offers Insight into Alice’s Step One Analysis. In Contour IP v. GoPro, the Federal Circuit reversed a summary judgment order invalidating two of Contour IP’s patents directed to portable… more

Appeals, Claim Construction, Collateral Estoppel, Corporate Counsel, Direct Infringement

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Janie Yoo Miller

Launch of Public RFI Signals FTC Scrutiny of Cloud Computing Industry

On March 22, 2023, the Federal Trade Commission (FTC) announced a request for information (RFI) seeking public comments on business practices in the cloud computing industry. The RFI focuses on three intertwined aspects of cloud… more

Cloud Computing, Cloud Service Providers (CSPs), Competition, Cybersecurity, Data Security

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Blair Mills

Consumer Financial Protection Bureau (CFPB) Final Rule Expands Oversight to Larger Digital Payment App Providers

Section 1024 of the Dodd-Frank Act of 2010 authorizes the Consumer Financial Protection Bureau (CFPB) to define markets for consumer financial products and services and supervise the larger participants within those markets… more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Digital Services, Digital Wallets

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Carmen Miranda

Texas Court Declines to Grant Nationwide Stay and Preliminary Injunction Regarding FTC Noncompete Ban

Wednesday, a federal district court in Texas granted, in part and only as to certain named parties, a motion to stay and enjoin the Federal Trade Commission (FTC) from implementing or enforcing its controversial rule banning… more

Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants, Stays

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Adine Mitrani

Trump Administration Releases Sweeping AI Action Plan

On July 23 and 24, 2025, the Trump administration released its “Winning the AI Race: America’s AI Action Plan,” a far-reaching strategy aimed at advancing U.S. leadership in artificial intelligence… more

Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors, Federal Procurement Systems

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Ryan Mitteness

Key Takeaways: Navigating the Life Sciences IPO Journey

The journey to becoming a public company requires strategic planning and thoughtful coordination. While the IPO process typically spans six months or more, laying the groundwork should begin much earlier to ensure a smooth… more

Audits, Compliance, Emerging Growth Companies, Financial Reporting, Initial Public Offering (IPO)

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Meredith Mommers

Washington Becomes First State to Enact ‘Mini HSR’ Notification Requirement

As of July 27, 2025, federal Hart-Scott-Rodino (HSR) Act filings will also need to be submitted to the Washington Attorney General (WA OAG) under Washington State’s Antitrust Premerger Notification Act (APNA) if the parties have… more

Antitrust Division, Antitrust Litigation, Antitrust Provisions, Department of Justice (DOJ), Due Diligence

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Brooklynn Moore

CFIUS Annual Report Shows Oversight and Monitoring Remain Active Despite Decrease in Overall Cases

On August 6, 2025, the U.S. Department of the Treasury released its Committee on Foreign Investment in the United States (CFIUS or the Committee) 2024 Annual Report to Congress. The report includes anonymized statistics and… more

Annual Reports, CFIUS, Enforcement Actions, Enforcement Statistics, Foreign Direct Investment

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Carl Morales Ph.D.

Balancing AI-Powered Drug Discovery’s Risk and Reward

AI is shaving years off the drug-discovery process. But it’s not just leaving other research modalities in the dust—the law itself is struggling to keep up, especially when it comes to patenting AI-aided drug discovery… more

Artificial Intelligence, Inventors, Life Sciences, Machine Learning, Patents

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Laura Moran

Valeant v. Mylan: Restrictions on Venue in Hatch-Waxman Litigation

For the first time since the U.S. Supreme Court’s TC Heartland decision, the U.S. Court of Appeals for the Federal Circuit addressed the issue of venue specific to Hatch-Waxman litigation, pursuant to which branded… more

Abbreviated New Drug Application (ANDA), Declaratory Judgments, Food and Drug Administration (FDA), Generic Drugs, Hatch-Waxman

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Liza Morgan

IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers for 2019

This client alert is intended to remind you of certain 2018 year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the Code), with respect to stock issued to employees or former… more

Employee Stock Purchase Plans, Filing Requirements, Form 3921, Form 3922, Incentive Stock Options

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Marshall Mort

IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers - January 2025

The IRS has issued two forms (along with accompanying instructions) that corporations must use to satisfy the return and information statement requirements under Section 6039 of the Internal Revenue Code of 1986, as amended… more

Compensation & Benefits, Employee Benefits, Employee Stock Purchase Plans, Incentive Stock Options, Income Taxes

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Kaylynn Moss

New Year, New Merger Control Thresholds and Filing Fees

The Federal Trade Commission (FTC) announced 2024 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions may be required to be reported to United States federal antitrust… more

Acquisitions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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Charles Moulins

Two Federal Courts Rule That Reproduction of Books to Train LLMs Is Fair Use - But with Caveats and Strikingly Different Views

In separate high-profile actions brought by authors against Anthropic and Meta, two California federal judges ruled that the reproduction of copyright-protected books to train large language models (LLMs) was fair use that did… more

Appeals, Artificial Intelligence, Authors, Copyright, Copyright Infringement

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Ken Myers

Akorn v. Fresenius: Important Practical Lessons from First-Ever Material Adverse Effect

On October 1, in Akorn v. Fresenius Kabi, the Delaware Court of Chancery for the first time found that a material adverse effect — or MAE — had occurred in a merger transaction, which, combined with other breaches of the merger… more

Acquisitions, Breach of Contract, Buyers, Confidentiality Agreements, Contract Negotiations

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Armen Nercessian

SCOTUS: Full Costs in Copyright Cases Limited by General Costs Statute

In Rimini Street v. Oracle USA, the U.S. Supreme Court held unanimously that the “full costs” the Copyright Act authorizes federal district courts to award a party in copyright litigation means the costs specified in the general… more

Certiorari, Copyright, Copyright Infringement, Copyright Litigation, Damages

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Larissa Neumann

Five Tax Cases that May Impact Your Business 2024

The book has closed on 2023, but several recent tax-related rulings are sure to have ripple effects into 2024 and beyond—particularly with respect to transfer pricing and foreign tax credits. Here are five cases that will… more

Chevron Deference, Economic Substance Doctrine, IRS, Loper Bright Enterprises v Raimondo, Moore v US

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Tyler Newby

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration agreements… more

Appellate Courts, Arbitration, Arbitration Agreements, Arbitration Fees, CA Supreme Court

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Myngoc Nguyen

CLE Takeaways: Employment Law Updates Businesses Should Know for 2025

In 2024, we witnessed a wave of transformative changes in employment laws, from expanded leave protections and new paid leave mandates to increased pay transparency requirements for employers… more

Artificial Intelligence, Bias, Diversity and Inclusion Standards (D&I), Employee Benefits, Employment Discrimination

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Casey O'Neill

Grand Jury Indicts Startup Founder Isaac Choi – Implications for Silicon Valley

On June 7, the U.S. Department of Justice arrested Isaac Choi, the founder and former chief executive of the Silicon Valley startup, WrkRiot, on wire fraud charges. A San Jose, California grand jury had indicted Choi under seal… more

Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ), Fraud, Indictments

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Jeffrey Oelke

Valeant v. Mylan: Restrictions on Venue in Hatch-Waxman Litigation

For the first time since the U.S. Supreme Court’s TC Heartland decision, the U.S. Court of Appeals for the Federal Circuit addressed the issue of venue specific to Hatch-Waxman litigation, pursuant to which branded… more

Abbreviated New Drug Application (ANDA), Declaratory Judgments, Food and Drug Administration (FDA), Generic Drugs, Hatch-Waxman

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Joyce Tong Oelrich

Climate, Cities, and Health: Connecting the Dots for NY Tech Week

Cities, public health, and climate change are inextricably connected—and addressing their challenges requires a similarly integrated approach. It’s a monumental task, but it’s also one that tech is uniquely positioned to address… more

Climate Change

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Adrian Rios Ojeda

HiQ Labs Scrapes by Again: The Ninth Circuit Reaffirms that Data-Scraping Does Not Violate the CFAA

In a much-anticipated ruling this week addressing the confluence of website scraping and computer hacking law, the U.S. Court of Appeals for the Ninth Circuit became the latest federal court to limit the reach of the Computer… more

Appeals, Computer Fraud and Abuse Act (CFAA), Copyright, Copyright Infringement, Data Collection

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Samantha Ong

Increased Regulatory Scrutiny on Health Technology Companies’ Use of Advertising Technologies

The proliferation of health apps and connected devices that allow individuals to track their health conditions, treatment, medications, fitness, fertility, sleep, mental health, diet and other vital areas has led to increased… more

Advertising, Breach Notification Rule, Civil Monetary Penalty, Data Collection, Department of Health and Human Services (HHS)

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Mark Ostrau

CFIUS Annual Report Shows Oversight and Monitoring Remain Active Despite Decrease in Overall Cases

On August 6, 2025, the U.S. Department of the Treasury released its Committee on Foreign Investment in the United States (CFIUS or the Committee) 2024 Annual Report to Congress. The report includes anonymized statistics and… more

Annual Reports, CFIUS, Enforcement Actions, Enforcement Statistics, Foreign Direct Investment

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Ralph Pais

AI Regulation is Coming, But Don’t Panic Yet

In April 2018, as companies scrambled to come into compliance with the European Union’s General Data Protection Regulation that was soon to become enforceable, the EU quietly announced its intention to craft another massive… more

Artificial Intelligence, EU, General Data Protection Regulation (GDPR), Government Agencies, Proposed Regulation

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Vanessa Park-Thompson

Tax Court Says AbbVie's $1.6B Break Fee Payment to Shire Properly Deducted as Ordinary Expense

A break fee in a merger-gone-south can be deducted as an ordinary expense, the U.S. Tax Court held today, finding for biopharmaceutical giant AbbVie and rejecting the IRS’s argument that AbbVie must treat the fee as a capital… more

AbbVie, Capital Losses, Corporate Taxes, IRS, Merger Agreements

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Lynn Pasahow

Life Sciences Alert: Unanimous Supreme Court Decision in Ass'n for Mol. Pathology v. Myriad Genetics Inc.

Yesterday, a unanimous Supreme Court decision in Ass’n for Mol. Pathology v. Myriad Genetics, Inc., held that Myriad’s claims directed to “a naturally occurring segment of … [DNA]” are not patent eligible despite their… more

AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad

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Rajiv Patel

Federal Circuit Confirms: Prosecution History Disclaimer Applies to Design Patents Too

Many industries rely on design patents to protect the look and feel of their products—especially when aesthetics drive customer interest, brand identity, or market differentiation. In Top Brand LLC v. Cozy Comfort Company LLC,… more

Brand, Claim Construction, Corporate Branding, Design Patent, Disclaimers

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Jerzy Piatkowski

The DOJ’s New DEI Guidance: What It Means for Businesses, Contractors, and Whistleblowers

Since returning to office in January 2025, President Donald Trump has made scrutinizing DEI programs a central policy priority, including through the following pronouncements… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders, False Claims Act (FCA)

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Michael Pilo

The SEC Adopts Final Climate-Related Disclosure Rules

On March 6, 2024, the SEC adopted final rules (Final Rules) requiring extensive climate-related disclosures in companies’ annual reports and registration statements. The new rules are set forth in Release No. 33-11275. The… more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility

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Jay Pomerantz

SEC Proposes New Rules to Enhance Disclosure and Investor Protection Relating to SPACs and Projections – Impact on Target Companies

The U.S. Securities and Exchange Commission has proposed new rules and amendments (the Proposed Rules) to enhance disclosure and expand liability in initial public offerings by special purpose acquisition companies (SPACs) and… more

Comment Period, Corporate Governance, Disclosure Requirements, Enforcement, Financial Statements

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Zachary Portnoy

5 Considerations for Video Game Companies in 2025

Video game companies are often eager to adopt new technologies, like artificial intelligence (AI), to enhance player experiences. However, stricter privacy and AI regulations require companies to take extra precautions to… more

Artificial Intelligence, COPPA, Intellectual Property Protection, IP Portfolio, Privacy Laws

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Crystal Prais

Expungement and Reexamination and Shorter Trademark Office Action Response Periods, Oh My!

Yes, you read that correctly. Trademark practice at the U.S. Patent and Trademark Office as we know it is about to change (well, at least in part). The USPTO recently published its final rule implementing certain provisions… more

Ex Parte, Ex Partes Reexamination, Expungement, Final Rules, Trademark Litigation

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Laurence Pulgram

The Top Seven Takeaways from the December, 2015 Federal Rules Amendments

Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate “over-preservation” of records and expedite… more

Case Management, Discovery, Document Requests, Electronically Stored Information, Federal Rules of Civil Procedure

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Havyn Quigley

Understanding the DEA’s New Telemedicine Rules: FAQ for Healthcare Providers and Telehealth Companies

The U.S. Drug Enforcement Administration (DEA) recently announced new rules that will impact telemedicine practices, especially concerning remote prescribing of controlled substances… more

Comment Period, Controlled Substances, DEA, Final Rules, Health Care Providers

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Tiara Quintana

CLE Takeaways: Employment Law Updates Businesses Should Know for 2025

In 2024, we witnessed a wave of transformative changes in employment laws, from expanded leave protections and new paid leave mandates to increased pay transparency requirements for employers… more

Artificial Intelligence, Bias, Diversity and Inclusion Standards (D&I), Employee Benefits, Employment Discrimination

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Stefano Quintini

Reflections on the J.P. Morgan Healthcare Conference: Key Themes for 2024

The Fenwick life sciences team recently returned from the 2024 JP Morgan Healthcare conference. As we reflect back on the week, there were several key themes and trends that we expect will continue to resonate and evolve over… more

Abbreviated New Drug Application (ANDA), Acquisitions, Artificial Intelligence, Biotechnology, Financing

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Daniel Rabinowitz

Navigating the PTAB’s New Discretionary Denial Landscape: Strategic Shifts for Patent Challenges

The Patent Trial and Appeal Board (PTAB) has undergone significant changes in how it evaluates patent challenges, creating both opportunities and obstacles for technology and life sciences companies… more

Inter Partes Review (IPR) Proceeding, Life Sciences, Litigation Strategies, Patent Applications, Patent Invalidity

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Tracy Randall

FTC Public Workshop on Loot Boxes – So What Now?

With consumers, gamers and lawmakers expressing concerns about whether loot boxes are predatory or contribute to gambling-like behavior, game developers can take steps to minimize the possibility of their games inviting… more

App Developers, Apple, Disclosure Requirements, Federal Trade Commission (FTC), Gambling

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Ravi Ranganath

Full Federal Circuit Defers Addressing Venue Based on Presence of Servers in District

On February 5, 2019, in a per curiam order, the United States Court of Appeals for the Federal Circuit denied Google’s petition for rehearing en banc, and deferred for another day the question of whether the presence of hardware… more

Appeals, Denial of Rehearing, Dissenting Opinions, En Banc Review, Google

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Sari Heller Ratican

10 Critical Missteps to Avoid When Building AI Governance Policies for Life Sciences Companies

Life sciences companies racing to harness artificial intelligence often stumble into preventable traps that can derail innovation and create lasting legal exposure… more

Artificial Intelligence, Biotechnology, Data Privacy, Food and Drug Administration (FDA), Intellectual Property Protection

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Ana Razmazma

California AG Secures Record $1.55M CCPA Settlement Against Healthline Over Targeted Ads and Health Data Sharing

On July 1, 2025, California Attorney General Rob Bonta announced a $1.55 million settlement, pending court approval, with Healthline Media, LLC. This settlement is the largest penalty issued to date under the CCPA, as amended… more

Advertising, California Consumer Privacy Act (CCPA), Data Privacy, Data-Sharing, Health Technology

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Chad Richman

U.S. Senate Passes the GENIUS Act - Stablecoin Legislation Moves to the House

On June 17, 2025, the U.S. Senate passed S. 1582 (GENIUS Act) with bipartisan support (68–30), creating the first comprehensive federal framework for stablecoin regulation. This landmark legislation establishes clear regulatory… more

Blockchain, Corporate Issuers, Cryptocurrency, Depository Institutions, Digital Assets

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Jordan Roberts

CARES Act: What the Paycheck Protection Program Means for Startups

On March 27, 2020, Congress passed, and the President has signed into law?, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act includes relief to small businesses across the country in the form of up… more

CARES Act, Coronavirus/COVID-19, Covered Employer, Paycheck Protection Program (PPP), Popular

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Gregory Rohling

U.S. Imposes New Export Controls on Advanced Artificial Intelligence Technologies and Chips

The Commerce Department’s Bureau of Industry and Security (BIS) has released a pair of long-awaited rules that impose additional export controls on advanced computing integrated circuits (ICs) and artificial intelligence (AI)… more

Artificial Intelligence, Bureau of Industry and Security (BIS), Export Controls, Innovative Technology, Machine Learning

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Amanda Rose

Securities Law Update - August 2025

Welcome to the latest edition of Fenwick’s Securities Law Update. This issue contains updates and important reminders on… more

Bylaws, CDIs, Climate Change, Corporate Governance, Digital Assets

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Matthew Rossiter

Reflections on the J.P. Morgan Healthcare Conference: Key Themes for 2024

The Fenwick life sciences team recently returned from the 2024 JP Morgan Healthcare conference. As we reflect back on the week, there were several key themes and trends that we expect will continue to resonate and evolve over… more

Abbreviated New Drug Application (ANDA), Acquisitions, Artificial Intelligence, Biotechnology, Financing

See all updates »

Kristen Rovai

The FTC Cracks Down on Fake Reviews with New Rule

The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in… more

Advertising, Compliance, Consumer Product Companies, Endorsements, Fake Reviews

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Michael Sacksteder

No More Waco, Texas Hold ‘Em on Patent Litigation Cases

It isn’t every day that the literal landscape of patent litigation changes radically with the stroke of a pen. Monday, July 25, 2022 was such a day. That’s when Chief Judge Orlando H. Garcia of the U.S. District Court for the… more

Administrative Patent Judges, Corporate Counsel, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patents

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Michael Saffron

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create… more

Advertising, Artificial Intelligence, Authorship, Corporate Counsel, False Advertising

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Jonathan Sagot

The Corporate Transparency Act: FinCEN Removes Reporting Reqs for US Companies and Persons, Sets New Deadlines for Foreign Companies

In a press release issued on March 21, 2025, FinCEN issued an interim final rule (IFR) revising the definition of “reporting company” to mean only those entities formed under the laws of a foreign country that have registered to… more

Beneficial Owner, Comment Period, Corporate Transparency Act, Filing Deadlines, FinCEN

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Samuel Sahagian

Ninth Circuit Limits Forum Shopping Against E-Commerce Platforms

On November 29, 2023, a Ninth Circuit panel affirmed the lower court’s decision in Briskin v. Shopify, limiting the court’s jurisdictional reach against e-commerce platforms alleged to have violated privacy and unfair… more

Data Collection, Data Retention, E-Commerce, Online Platforms, Personal Jurisdiction

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Vigen Salmastlian

Clear Trends Visible in the Post-TC Heartland Patent Landscape

The patent landscape experienced a paradigm shift with the May 2017 United States Supreme Court decision in TC Heartland v. Kraft Foods Group Brands. In TC Heartland, venue in patent cases was narrowed to either (1) the… more

Corporate Counsel, Intellectual Property Litigation, Jurisdiction, Multidistrict Litigation, Patent Infringement

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Julian Sarabia

President’s Crypto Advisor Commits to Progressing New Reg. Framework as Congressional Working Group is Announced

Trump Administration AI and Crypto Special Advisor David Sacks focused on stablecoin legislation and a potential crypto regulatory framework during a press conference on February 4. Sacks led the conference and was followed by a… more

Anti-Money Laundering, Bitcoin, CFTC, Congressional Committees, Cryptocurrency

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Morgan Sawchuk

The Corporate Transparency Act: FinCEN Removes Reporting Reqs for US Companies and Persons, Sets New Deadlines for Foreign Companies

In a press release issued on March 21, 2025, FinCEN issued an interim final rule (IFR) revising the definition of “reporting company” to mean only those entities formed under the laws of a foreign country that have registered to… more

Beneficial Owner, Comment Period, Corporate Transparency Act, Filing Deadlines, FinCEN

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Joseph Schenck

GDC 2025: Takeaways for Games Startups and Developers

This year’s Game Developers Conference (GDC) in San Francisco gave Fenwick’s Games Group an inside look at how triple-A publishers and indie studios alike are tackling the challenges that come with chilled market conditions and… more

Artificial Intelligence, Business Strategies, Software, User-Generated Content, Venture Capital

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Blaine Schmidt

Telemarketing in the Age of AI: The FCC’s Latest Ruling

The FCC is grappling with issues at the intersection of AI and consumer marketing. On February 2, 2024, the FCC adopted a declaratory ruling that AI-generated human voices constitute “artificial or prerecorded voice[s]” under… more

Artificial Intelligence, FCC, Prior Express Consent, TCPA, Technology

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Carrie Schroll

Recent Developments in Tariffs

The Trump administration has announced multiple new developments in U.S. tariff policy since our April update. The administration is using several different tools to implement tariffs, including § 232 and 301 investigations… more

Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade, Investigations, Section 232

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Ryan Sellinger

DOJ and BIS Flex Enforcement Priorities as U.S. Semiconductor Design Company Agrees to Guilty Plea and $140M Fine

On July 28, 2025, the National Security Division of the U.S. Department of Justice (DOJ) and the U.S. Department of Commerce, Bureau of Industry and Security (BIS), announced parallel criminal and civil-administrative export… more

Bureau of Industry and Security (BIS), China, Criminal Prosecution, Department of Justice (DOJ), Enforcement Priorities

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Antonia Sequeira

What Startups and Big Pharma Need to Know About AI Drug Discovery

Integrating AI tools into drug discovery introduces a mix of opportunities and challenges for startups and large pharmaceutical companies. These challenges often center on intellectual property (IP) risks, licensing… more

Acquisitions, Artificial Intelligence, Documentation, Due Diligence, Innovation

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Saina Shamilov

Litigation Alert: A Unanimous Supreme Court Reverses Federal Circuit Ruling on Damages in Samsung Electronics Co. v. Apple Inc.

On December 6, 2016, in a unanimous opinion written by Justice Sotomayor, the Supreme Court reversed the Federal Circuit’s affirmance of the damages award in Samsung Electronics Co. v. Apple Inc. The question before the Supreme… more

Apple v Samsung, Article of Manufacture, Calculation of Damages, Cell Phones, Component Parts Doctrine

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Eric Shedlosky

Silicon Valley Bank Closure: Updated Considerations Following the Creation of Silicon Valley Bridge Bank, N.A.

Considerations relating to Silicon Valley Bank (SVB)’s closure have continued to evolve as a result of the recent announcement by the Federal Deposit Insurance Corporation (FDIC) that it has transferred all deposits—both insured… more

Banking Sector, Banks, Borrowers, Customers, Deposit Accounts

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Jenny Shim

SEC Adopts New Private Fund Adviser Rules

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940. Although they have been watered down significantly from the version initially… more

Audits, Compliance, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Key Shin

IP Due Diligence Review for Life Sciences Companies: Essential Preparations for Successful Transactions

For life sciences companies preparing for potential acquisition or investment, intellectual property (IP) often represents the cornerstone of your value, making thorough preparation and strategic foresight essential for… more

Acquisitions, Artificial Intelligence, Due Diligence, Intellectual Property Protection, Investors

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Caroline Simeon-Rose

Eighth Circuit Vacates FTC’s Click-To-Cancel Rule

On Tuesday, July 8, the Eighth Circuit struck down the Federal Trade Commission’s new “click-to-cancel” rule just days before the FTC planned to begin enforcement on July 14, 2025… more

Automatic Renewals, Cancellation Rights, Compliance Dates, Consumer Protection Act, Consumer Protection Laws

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Jacob Simmons

DOJ Memo Refocuses Digital Assets Enforcement Priorities, Dissolves Crypto-Enforcement Unit

On April 7, 2025, the Department of Justice (DOJ) released a memo for all department employees titled “Ending Regulation By Prosecution.”… more

Cartels, Cryptocurrency, Department of Justice (DOJ), Digital Assets, Enforcement Priorities

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Aman Singh

CLE Takeaways: A Public Company’s Guide to Corporate and Securities Law Developments 2025

The U.S. Securities and Exchange Commission (SEC) is intensifying its focus on transparency. The agency has its lens trained on insider trading policies, cybersecurity and AI disclosures, and other high-risk enforcement areas… more

Artificial Intelligence, Climate Change, Corporate Governance, Cybersecurity, Disclosure Requirements

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Ethan Skerry

Considerations in Adopting Poison Pills in the COVID-19 Environment

Market volatility arising from the COVID-19 pandemic may lead to increased hostile takeover activity and shareholder activism as some companies experience market valuations that they believe are not reflective of their intrinsic… more

Coronavirus/COVID-19, Corporate Governance, Hostile Takeover, Poison Pill, Shareholder Rights

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William Skinner

Senate Bill Would Augment QSBS Benefits for Startup Company Investors

The Senate Finance Committee's version of the Republicans' budget reconciliation legislation (the “Senate Bill”) would significantly expand the qualified small business stock (QSBS) benefits under Section 1202 of the Code… more

Budget Reconciliation, Capital Gains Tax, Proposed Legislation, Qualified Small Business Stock, Senate Finance Committee

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Robert Slack

Recent Developments in Tariffs

The Trump administration has announced multiple new developments in U.S. tariff policy since our April update. The administration is using several different tools to implement tariffs, including § 232 and 301 investigations… more

Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade, Investigations, Section 232

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Matthew Slevin

Fenwick’s Top 10: Our Most Popular Articles of 2019

In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture… more

ABC Test, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Convertible Debt, Corporate Governance

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Alan Smith

SEC Files Brief in Support of Climate Disclosure Rules

On August 6, the SEC filed its much-anticipated legal brief in the Eighth Circuit Court of Appeals supporting its controversial Climate Rules and responding to the arguments laid out in petitioners’ consolidated petitions for… more

Administrative Procedure Act, Amicus Briefs, Climate Change, Corporate Governance, Disclosure Requirements

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Noah Solowiejczyk

Key Takeaways: Tips for Navigating Trade Secret Misappropriation

In today's interconnected business environment, protecting trade secrets has become increasingly complex. Companies must navigate threats ranging from employee misconduct to sophisticated nation-state schemes while maintaining… more

Best Practices, Confidentiality Agreements, Continuing Legal Education, Cybersecurity, Defend Trade Secrets Act (DTSA)

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Ju Yun Son

Don’t Let the Shutdown Shut You Down: How to Prepare

Each year, Congress passes annual appropriation bills to continue funding federal agencies and federal programs through the next fiscal year. As of today, with the new fiscal year looming on October 1, 2023, Congress has yet to… more

Appropriations Bill, Federal Budget, Federal Contractors, Federal Funding, Government Shutdown

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Jae Won Song

Landmark Decision Limits the Authority of the International Trade Commission

The United States Court of Appeals for the Federal Circuit in Suprema, Inc., et al. v. International Trade Commission, Nos. 2012-1170, 2012-1026, -1124, Slip Op. December 13, 2013, issued a landmark decision limiting the… more

Imports, Indirect Infringement, Induced Infringement, International Trade Commission (ITC), Patent Infringement

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Hamdi Soysal

DOJ Announces Key Revisions to Corporate Enforcement and Voluntary Self-Disclosure Policy

On May 12, 2025, the Head of the Department of Justice’s (DOJ) Criminal Division, Matthew Galeotti, announced a new white collar enforcement plan in a memorandum entitled “Focus, Fairness, and Efficiency in the Fight Against… more

Compliance, Cooperation, Criminal Prosecution, Declination, Department of Justice (DOJ)

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Justin Stacy

California Tightens Requirements for Automatically Renewing Subscriptions

On September 24, 2024, Governor Gavin Newsom signed into law Assembly Bill No. 2863, which will further amend California’s Automatic Renewal Law (ARL)… more

Amended Legislation, Automatic Renewals, Compliance, Consent, Consumer Contracts

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Jennifer Stanley

GDC 2025: Takeaways for Games Startups and Developers

This year’s Game Developers Conference (GDC) in San Francisco gave Fenwick’s Games Group an inside look at how triple-A publishers and indie studios alike are tackling the challenges that come with chilled market conditions and… more

Artificial Intelligence, Business Strategies, Software, User-Generated Content, Venture Capital

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Merritt Steele

Delaware Amends General Corporation Law to Stanch Company Exodus

On March 25, Delaware adopted significant amendments to §§ 144 and 220 of the Delaware General Corporation Law which aim to provide greater clarity and predictability to corporate fiduciaries in light of certain recent… more

Amended Legislation, Board of Directors, Corporate Governance, Corporate Officers, Delaware

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Jonathan Stephenson

Delaware Chancery Court Orders Recission of Elon Musk Moonshot Grant in Important Case on Transactions with Potential Corporate Controllers

Background on Moonshot Award Practices - In the years leading up to the slowdown in the IPO markets in late 2021, it had become increasingly common for high-growth technology companies to grant large equity incentive awards… more

Board of Directors, CEOs, Compensation, Controlling Stockholders, Corporate Governance

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Christopher Steskal

DOJ and BIS Flex Enforcement Priorities as U.S. Semiconductor Design Company Agrees to Guilty Plea and $140M Fine

On July 28, 2025, the National Security Division of the U.S. Department of Justice (DOJ) and the U.S. Department of Commerce, Bureau of Industry and Security (BIS), announced parallel criminal and civil-administrative export… more

Bureau of Industry and Security (BIS), China, Criminal Prosecution, Department of Justice (DOJ), Enforcement Priorities

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Lisa Straehle

SCOTUS Stands by Corporate Separateness, Overturns Nearly $43M Award in Trademark Dispute

The Supreme Court on February 26, 2025, overturned a nearly $43 million award granted in a decades long trademark dispute between two real estate companies. The unanimous ruling emphasized that under the Lanham Act section… more

Affiliates, Appeals, Corporate Governance, Corporate Misconduct, Dewberry Group Inc v Dewberry Engineers Inc

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Ryan Straus

5 Things Fintech Startups Need to Know About AML Compliance

Bank-fintech partnerships have transformed the financial services landscape, creating new opportunities and challenges for traditional banking institutions and innovative technology companies alike… more

Anti-Money Laundering, Audits, Banks, BSA/AML, FinTech

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Elizabeth Suarez

New Year, New Merger Control Thresholds and Filing Fees

The Federal Trade Commission (FTC) announced 2024 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions may be required to be reported to United States federal antitrust… more

Acquisitions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

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Michael Sussmann

CLE Takeaways: Top 10 Privacy & Cybersecurity Must-Knows for 2025

The legal landscapes for privacy and cybersecurity continue to evolve rapidly, presenting both challenges and opportunities for innovative companies. Indeed, 2024 was a busy year, with the enactment of a number of new federal… more

Artificial Intelligence, Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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Erica Sutter

New Jersey Federal Court Weighs in on Orange Book Patent Listings

In recent months, the issue of whether certain patents are appropriately listed in the Food and Drug Administration (FDA) Orange Book, associated with the Hatch-Waxman Act, has garnered the attention of the Federal Trade… more

Abbreviated New Drug Application (ANDA), Federal Trade Commission (FTC), Food and Drug Administration (FDA), Hatch-Waxman, Medical Devices

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Kayla Tanaka

California AG Secures Record $1.55M CCPA Settlement Against Healthline Over Targeted Ads and Health Data Sharing

On July 1, 2025, California Attorney General Rob Bonta announced a $1.55 million settlement, pending court approval, with Healthline Media, LLC. This settlement is the largest penalty issued to date under the CCPA, as amended… more

Advertising, California Consumer Privacy Act (CCPA), Data Privacy, Data-Sharing, Health Technology

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Zohra Tejani

Defense Procurement Reform for Startups Building for National Security

On the heels of the Trump administration’s new guidance on federal agency AI use and procurement, the administration has taken another step aimed at accelerating how the government works with the private sector—this time focused… more

Defense Contracts, Defense Sector, Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR)

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David Tellekson

Federal Circuit Provides Much Needed Patent Venue Guidance Post TC Heartland

The Federal Circuit has issued a landmark venue decision setting forth the standard for determining what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Section 1400(b) limits venue in patent… more

Corporate Counsel, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Ethan Thomas

Ninth Circuit Prescribes New Hearing for Damages in AirDoctor Default Judgment

The plaintiff AirDoctor sued the defendant under the Lanham Act for advertising and selling filters for use in AirDoctor purifiers. While the defendant advertised its filters as “compatible” and “replacements” for the original… more

Appeals, Attorney's Fees, Calculation of Damages, Damages, Default Judgment

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Alberto Tohme

New Federal Requirements for AI and IT System Implementation in Healthcare

On October 30, 2023, the Biden administration issued Executive Order 14110 on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (the “Executive Order”). As detailed in our previously published… more

Artificial Intelligence, Biden Administration, Department of Health and Human Services (HHS), Executive Orders, Final Rules

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Effie Toshav

Life Sciences Summit: Biotech IPO Market Shows Signs of Life

As biotech markets begin to show signs of life, how should company leaders and investors prepare for what’s next?  Biotech executives, investment bankers and partners from Deloitte’s life sciences practice and Fenwick’s… more

Biotechnology, Capital Markets, Initial Public Offering (IPO), Investment, Investment Opportunities

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Khang Tran

Silicon Valley Venture Capital Survey - Fourth Quarter 2021

Our survey analyzed the terms of 287 venture financings closed in the fourth quarter of 2021 by companies headquartered in Silicon Valley. Key Findings - • Valuation results again reached new record highs, with the… more

Capital Markets, Capital Raising, Corporate Financing, Digital Media, Life Sciences

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Fredrick Tsang

10 Critical Missteps to Avoid When Building AI Governance Policies for Life Sciences Companies

Life sciences companies racing to harness artificial intelligence often stumble into preventable traps that can derail innovation and create lasting legal exposure… more

Artificial Intelligence, Biotechnology, Data Privacy, Food and Drug Administration (FDA), Intellectual Property Protection

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Shannon Turner

Are You Monitoring Your Influencers? Huda Beauty's NAD Case Is a Reminder

The National Advertising Division (NAD) recently reviewed marketing claims tied to Huda Beauty's Easy Bake Setting Spray. At issue was a TikTok video from an influencer claiming the spray was the “strongest setting spray ever”… more

Advertising, Compliance, Endorsements, False Advertising, FTC Endorsement Guidelines

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Brent Tuttle

CLE Takeaways: Top 10 Privacy & Cybersecurity Must-Knows for 2025

The legal landscapes for privacy and cybersecurity continue to evolve rapidly, presenting both challenges and opportunities for innovative companies. Indeed, 2024 was a busy year, with the enactment of a number of new federal… more

Artificial Intelligence, Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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Julia Ushakova-Stein

Five Tax Cases that May Impact Your Business 2024

The book has closed on 2023, but several recent tax-related rulings are sure to have ripple effects into 2024 and beyond—particularly with respect to transfer pricing and foreign tax credits. Here are five cases that will… more

Chevron Deference, Economic Substance Doctrine, IRS, Loper Bright Enterprises v Raimondo, Moore v US

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Hector Velez

SEC rescinds SAB 121 - What it Means for Financial Institutions and Crypto Exchanges

On January 23, 2025, the Securities and Exchange Commission (SEC) issued Staff Accounting Bulletin 122 (SAB 122), rescinding the controversial SAB 121… more

Cryptoassets, Digital Assets, Disclosure Requirements, Financial Institutions, Rescission

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My Vo

IRS Memo Directs Agents to Speed Up Audits

A recent memo from the IRS's Large Business and International (LB&I) Division indicates an intention to resolve audits efficiently and provide taxpayers with opportunities to quickly settle and resolve issues… more

Audits, Corporate Counsel, Enforcement Actions, Expedited Actions Process, IRS

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Igor Voloshin

Congress Enacts Comprehensive Stablecoin Legislation: Key Provisions and Implications of the GENIUS Act

On July 18, President Donald Trump signed into law the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act), creating the first federal framework for U.S. dollar stablecoins… more

Banking Sector, Cryptocurrency, Digital Assets, Financial Institutions, Financial Services Industry

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Jedediah Wakefield

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration agreements… more

Appellate Courts, Arbitration, Arbitration Agreements, Arbitration Fees, CA Supreme Court

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Allen Wang

Navigating the PTAB’s New Discretionary Denial Landscape: Strategic Shifts for Patent Challenges

The Patent Trial and Appeal Board (PTAB) has undergone significant changes in how it evaluates patent challenges, creating both opportunities and obstacles for technology and life sciences companies… more

Inter Partes Review (IPR) Proceeding, Life Sciences, Litigation Strategies, Patent Applications, Patent Invalidity

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Faye Wang

AI in the Insurance Industry: Balancing Innovation and Governance in 2025

The insurance industry embraced the transformative power of Artificial Intelligence in 2024 and will continue to do so in 2025. According to the surveys conducted by the Big Data and Artificial Intelligence Working Group of the… more

Algorithms, Artificial Intelligence, Data Privacy, Data Security, Insurance Industry

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Jeffrey Ware

Litigation Alert: Supreme Court Leaves Intact PTAB Authority to Institute and Regulate Inter Partes Review Proceedings

This week in Cuozzo Speed Technologies, LLC v. Lee, the United States Supreme Court decided two important questions related to the power of the Patent Trial and Appeal Board (PTAB) over inter partes review proceedings. First,… more

Administrative Procedure Act, America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Claim Construction

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Karen Webb

SkyKick TM Row with Media Co. Sky Raises Key Risks for US and Global Brands

The United Kingdom Supreme Court’s decision in SkyKick v Sky highlights a critical trademark risk: Registering a brand for an overly broad range of products and services without an intent to use it across all categories can… more

Bad Faith, Brand, EU, Intellectual Property Litigation, International Trade

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Niping Wu

Corporate Alert: China’s New Tax Regulation on Indirect Disposals Complicates Certain Offshore M&A Deals

In 2009, China’s State Administration of Taxation (SAT) promulgated Circular 698 to empower PRC tax authorities to re-characterize transfers by non-PRC residents of shares in offshore companies that hold equity interests in… more

China, Equity Securities, Offshore Companies, PRC Taxation Administration, Tax Avoidance

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Phillip Yin

Games Industry Trends as GDC 2024 Gets Underway

The Games Developer Conference (GDC) 2024 is upon us; here are four key legal and commercial trends we think will be especially salient this year. - Keeping AI in Check. Like so many other sectors, AI is quickly reshaping the… more

Artificial Intelligence, Intellectual Property Protection, Regulatory Agenda, Regulatory Requirements, Software Developers

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Jennifer Yoo

10 Critical Missteps to Avoid When Building AI Governance Policies for Life Sciences Companies

Life sciences companies racing to harness artificial intelligence often stumble into preventable traps that can derail innovation and create lasting legal exposure… more

Artificial Intelligence, Biotechnology, Data Privacy, Food and Drug Administration (FDA), Intellectual Property Protection

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Hayan Yoon Ph.D.

IP Due Diligence Review for Life Sciences Companies: Essential Preparations for Successful Transactions

For life sciences companies preparing for potential acquisition or investment, intellectual property (IP) often represents the cornerstone of your value, making thorough preparation and strategic foresight essential for… more

Acquisitions, Artificial Intelligence, Due Diligence, Intellectual Property Protection, Investors

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Eric Young

Not So Fast: Court Rules Against SEC, Finding It Did Not Prove Blockvest Sold Tokens as Securities

Digital token issuers caught up in the onslaught of U.S. Securities and Exchange Commission investigations finally received some encouraging news regarding their token sales’ exposure to federal securities laws. On Tuesday,… more

CFTC, Cryptocurrency, Howey, Initial Coin Offering (ICOs), Preliminary Injunctions

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Cynthia Yuan

Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering… more

Abortion, Biden Administration, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Employee Benefits

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Jason Zaccaro

Ninth Circuit Upholds Significant Trademark Damages Award

In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage… more

Advertising, Appeals, Corporate Counsel, Damages, Federal Trade Commission (FTC)

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Wenbo Zhang

A Domesticated Lanham Act: Supreme Court’s Abitron Ruling Opens New Debate on Foreign Reach of U.S. Trademark Law

The Supreme Court’s June 29, 2023, decision in Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, ended decades of circuit splits on the standard for determining the extraterritorial reach of the Lanham Act (see our… more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Jurisdictions, Foreign Sales, Intellectual Property Litigation

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