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Antitrust and Competition Newsletter

China’s MOFCOM Blocks ‘P3 Alliance’ Despite EU, U.S. Non-Opposition

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On June 17, 2014, China’s Ministry of Commerce (MOFCOM), China’s competition regulator, prohibited the proposed “P3 Alliance” that would have combined the world’s three largest container carriers—Maersk Line, Mediterranean Shipping Company and CMA CGM—on certain shipping routes. MOFCOM prohibited the Read More

Central District of California: Patent Blog

Court Halts Discovery Until Defendant Retains Counsel

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Forever Foundations & Frame, LLC, et al. v. Optional Products, LLC, Case No. SACV-13-1779-DOC (RNBx) (Judge Robert Block) Plaintiff Forever Foundations filed two discovery motions despite defendant lacking any counsel to properly appear on their behalf. Recognizing that corporations may Read More

Derivatives in Review

Extension of Certain Dodd-Frank No-Action Relief

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On May 1, 2014, the Commodity Futures Trading Commission (“CFTC”) established a phased compliance timeline for the implementation of the trade execution requirement[1] currently applicable to certain interest rate swaps and credit default swaps executed as part of a “package Read More

Employment Law and Litigation Blog

Let’s Talk About Sex: U.S. Department of Labor Targets Transgender & Gender Identity Discrimination

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On Tuesday, August 19, 2014, the U.S. Department of Labor issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex . . . includes discrimination on the bases of gender identity and transgender status.”  Read More

Financial Industry Review

Financial Stability Board Publishes Responses to Consultation on Proposed Reforms of the Forex Market

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On August 20, the Financial Stability Board (FSB) published responses to its consultation in respect of proposed reforms in the forex market.  The consultation was launched on July 15 and recommended reforms relating to: (i) the calculation methodology of the Read More

NorCal IP Blog

When It Rains, It Pours: Waiver of Privilege, Claim Disavowal, and on The Hook For Attorneys’ Fees.

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Kilopass Technology Inc v. Sidense Corporation, No. C 10-02066 (Judge Susan Illston, August 12, 2014) Judge Illston recently granted defendant Sidense’s motion for attorney’s fees under Section 285 of the Patent Act, which authorizes a district court to award attorney’s Read More

Securities Litigation and Regulatory Enforcement Blog

How Far Does Section 10(b) Reach? The Second Circuit Says That A Domestic Transaction Is Necessary, But Not Sufficient, To Invoke U.S. Securities Laws

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In a long-awaited opinion issued on August 15 in Parkcentral v. Porsche, the Second Circuit limited the extraterritorial reach of the U.S. securities laws, affirming the dismissal of securities claims brought by parties to swap agreements that were entered into Read More

Orrick Total Access

5 Pitch Deck Mistakes That Can Keep You From Getting Funded

You already know a pitch deck is important to securing funding for your startup, but how do you avoid the common mistakes that can keep you from getting funded? When I started helping startups with their pitch decks, it used Read More

Trade Secrets Watch

Muzzling Whistleblowers: When Confidentiality Agreements Go Too Far

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Confidentiality agreements can be useful to a company. For example, they can ensure that employees are aware of their company’s valuable trade secrets and can establish requirements to safeguard those assets. But when do these non-disclosure agreements go too far?  Read More