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Antitrust and Competition Newsletter

Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

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On July 30, 2015, the Ninth Circuit issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory (FRAND, or simply RAND) terms.  In Microsoft Corp. v. Motorola, Inc. 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

IRS Proposes to Revise the Treatment of Nonperiodic Payments

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On May 8, 2015, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) issued proposed and temporary regulations (the “Regulations”) relating to the treatment of notional principal contracts (“NPCs”) with nonperiodic payments.[1] The Regulations are designed to Read More

Distressed Download

The Restructuring Mid-Summer Review: Europe and the Emerging Markets

For those focused on the debt restructuring market, the Greek sovereign crisis (covered extensively in our recent updates1) has drowned out news of other debt restructuring matters this year. Our Alert below addresses key trends in Europe and the Emerging Read More

Employment Law and Litigation Blog

EEOC Rules that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

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On the heels of the landmark decision by the Supreme Court in favor of gay marriage, the EEOC held on July 15, 2015 that sex discrimination under Title VII includes discrimination on the basis of sexual orientation.  Even though the Read More

Financial Industry Review

Morgan Stanley and Natixis Win Dismissal of RMBS Claims

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On July 14, 2015, Justice Friedman of the New York State Supreme Court for the County of New York granted in part Morgan Stanley & Co.’s motion to dismiss fraud claims brought by HSH Nordbank AG (“HSH”) and Carrera Capital Read More

Policyholder Insider

‘Scaping the Settlement Shackles: PA Supreme Court Grants Coverage for Settlement Reached Without Insurer Consent

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Policyholders sometimes have to struggle with insurance companies over getting consent to a settlement offer the policyholder views as reasonable and would like to accept, only to be rebuffed. Now, in Pennsylvania, insurers refuse settlement offers at their peril, and Read More

NorCal IP Blog

Too Much Knowledge Almost Became A Bad Thing: Court Overrules Objection to Choice of Expert Witness

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Order Overruling Objection to Nistica’s Choice of Expert Witness, Finisar Corporation v. Nistica, Inc., 13-cv-03345-BLF-JSC (Magistrate Judge Jacqueline Corley) Fans of spy thrillers know that it can be dangerous to know too much about an individual or secrets held by Read More

Securities Litigation, Investigations and Enforcement

SEC Awards Third Highest Whistleblower Award to Date

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On July 17, 2015, the SEC announced a whistleblower award of over $3 million to a company insider who provided information that “helped the SEC crack a complex fraud.”  This payout represents the third highest award under the SEC’s whistleblower 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

Filer Beware! E-Filing Error Can Destroy Trade Secret Status

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First rule of thumb in trade secrets litigation? A trade secret must be kept secret. It is painfully obvious, but modern practitioners must not grow complacent due to the convenience of electronic filing. Although trade secrets law does not command Read More