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Antitrust and Competition Newsletter

California Supreme Court Details Antitrust Analysis of “Reverse Payment” Patent Settlements

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+*-Last week, in In re Cipro Cases I & II, Case No. S198616, the Supreme Court of California adopted the United States Supreme Court’s application of the Rule of Reason to the antitrust analysis of so-called “reverse payment” patent settlements Read More

Central District of California: Patent Blog

Courtroom Decorum and Trial Preparation

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+*-Gregg Klang v. D. Russel Flueger, et al., Case No. SA CV 13-01971-JVS (DFMx) (Judge James Selna) In this recent detailed set of Orders, Judge Selna gave several key hints as to the “do’s and don’ts” of jury trials in Read More

Derivatives in Review

NYDFS Releases Revised BitLicense Proposal

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+*-On February 4, 2015, the New York State Department of Financial Services (“NYDFS”) released a revised version of its proposed virtual currency regulations (commonly referred to as “BitLicense”), originally released in July 2014. Nearly 4,000 formal comment letters were submitted Read More

Distressed Download

Overview and Analysis of Select Provisions of the ABI Chapter 11 Reform Commission Final Report and Recommendations

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+*-Part Three of Three Earlier this year, Orrick’s Restructuring team began a three-part look at the American Bankruptcy Institute’s Chapter 11 Reform Report. In part one we looked at issues related to confirmation, valuation, financing and asset sales. Last month, Read More

Employment Law and Litigation Blog

Emergence of Transgender Status Issues in Workplace Raises Compliance Questions for Employers

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+*-Transgender issues have been grabbing headlines in recent months—perhaps most notably with Bruce Jenner’s televised announcement about his gender transition.  Beyond the bright lights of pop culture, a wave of litigation and legislation is causing employers to pay closer attention Read More

Financial Industry Review

ESMA Publishes Clearing Obligation CP for Additional IRS Classes

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+*-On May 11, ESMA published a consultation paper (CP) on the clearing obligation for additional classes of interest rate derivatives, including fixed-to-floating interest rate swaps denominated in Czech Republic koruna (CZK), Danish krone (DKK), Hungarian forint (HUF), Norwegian krone (NOK), Read More

Policyholder Insider

In Early Case Construing Cyber Policy, Court Finds No Duty to Defend

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+*-The waiting has ended. On May 11, a Utah federal court handed down one of the first coverage decisions in the country construing a so called “cyber” policy. While the case did not deal with a data breach or other Read More

NorCal IP Blog

The Judge Next Door

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+*- Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al., 5:14-cv-03750 (Magistrate Paul Grewal) (May 13, 2015) It is common to have discovery disputes in patent litigation, and parties often resolve such disputes without the court’s intervention.  Often, but not Read More

Securities Litigation, Investigations and Enforcement

Delaware Supreme Court Clarifies That Section 102(b)(7) Charter Provisions May Be Basis For Dismissal At The Pleading Stage In Controlling Stockholder Transactions

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+*-On May 14, 2015, the Delaware Supreme Court clarified that, even in conflict-of-interest transactions subject to “entire fairness” review, breach of fiduciary duty claims against independent, disinterested directors should be dismissed at the pleading stage where a complaint fails to Read More

Orrick Total Access

Straight Talk: Was VC Funding Up in 2014, Or Wasn’t It?

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+*-All week we’ve been seeing lots of dazzling headlines about the state of VC going into 2015. According to CB Insights, venture capital firms invested more than $47.3 billion in more than 3,600 deals with U.S. startups in 2014, up Read More

Trade Secrets Watch

Will Your Cyber Insurance Respond When You Need It Most?

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+*-As many companies are considering purchasing cyber insurance, they often wonder: “Will my insurer be there when I have a data breach?”  Cyber insurers have generally been good in paying claims. But the recent lawsuit featured in this Orrick Client Read More