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Antitrust and Competition Newsletter

Vote For Orrick’s Jurata and Patel for a Concurrences Antitrust Writing Award

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+*-Orrick Antitrust partner Jay Jurata and Managing Associate Amisha Patel have been nominated for a Concurrences Antitrust Writing Award for their article, “Taming the Trolls: Why Antitrust Is Not a Viable Solution for Stopping Patent Assertion Entities,” which appeared in the George Mason 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

EMIR: “Too Big To Fail”, Again?

+*-“…just to give you an idea of the actual impact of Lehman Brothers, we can consider the figures published by one of the Lehman’s counterparties: Merrill Lynch, which in the third quarter of 2008 disclosed a US$2 billion pre-tax trading Read More

Employment Law and Litigation Blog

Are You Breaking The Rules? NLRB General Counsel Issues Extensive Report On Employer Rules and Handbooks

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+*-On March 18, 2015, the General Counsel of the National Labor Relations Board (NLRB) issued a report (General Counsel Memorandum GC 15-04) summarizing recent NLRB enforcement action regarding many common employment policies. The report is relevant to nearly all private Read More

Financial Industry Review

SEC Approves Consolidated FINRA Rules 2040 (Payments to Unregistered Persons, Including Foreign Finders)

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+*-FINRA Rule 2040 governs the payment of transaction-based compensation by member firms to unregistered persons. Rule 2040(a) – General. Rule 2040(a) directs persons to look to SEC rules to determine whether the activities in question require registration as a broker-dealer Read More

Policyholder Insider

Life Insurance is No Longer a Box of Chocolates: Life Settlement Investors Will Know Exactly What They Get

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+*-Earlier this month, the U.S. Court of Appeals for the Eighth Circuit handed down a groundbreaking decision in one of the cases on our 2015 watch list. Overruling a Minnesota District Court decision, the Court of Appeals held that when a Read More

NorCal IP Blog

N.D. Cal Interprets the Biological Price Competition Act

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+*-Amgen Inc., et al. v. Sandoz Inc., et al., No. 14-cv-04741RS On March 19, the Northern District of California became the first court to interpret two key provisions of the Biological Price Competition Act: whether biosimilar applicants must disclose their Read More

Securities Litigation, Investigations and Enforcement

“Yeah, Well, That’s Just, Like, Your Opinion”:  Supreme Court Limits Securities Liability for Opinions in Omnicare

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+*-Echoing a famous epistemological observation from The Big Lebowski, the Supreme Court today rejected the argument, for the most part, that a statement of opinion stands on the same footing as a statement of fact.

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

China’s New Cybersecurity Policies: Is the Price of Compliance Worth the Risk of Disclosure?

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+*-Tensions recently escalated in the United States and China’s ongoing exchange over online security and technology policies, as China adopted the first in a series of policies it previously approved at the end of last year.  Among other things, the Read More