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Fenwick & West LLP
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By David Forst, Adam Halpern, Idan Netser, Larissa Neumann, William Skinner
Treasury and the IRS have issued proposed regulations filling a number of gaps and providing necessary guidance on the Base Erosion and Anti-Abuse Tax (BEAT).
By Cynthia Clarfield Hess, Mark Leahy, Khang Tran, Adam Halpern
Venture financing trends, SEC enforcement actions, U.S. tax law changes and the IPO market dominated our readers' attention in 2018.
By David Bell
As outside legal counsel to a wide range of public companies in the technology and life sciences industries, many of which are based in Silicon Valley,
By William Skinner
Subpart F has long included exceptions to subpart F income for income of controlled foreign corporations ("CFCs") subject to a relatively high rate of foreign tax and limited subpart F inclusions to the current earnings and profits ("E&P") of the CFC.
By Ran Ben-Tzur, Amanda L. Rose, Jennifer J. Hitchcock, Veronica Zavala
In an effort to provide greater transparency to stockholders regarding employee and director incentives, the U.S. SEC has adopted a final rule implementing a provision of the Dodd-Frank Wall Street Reform and CPA.
By Hanley Chew, Tyler Newby
The Pennsylvania Supreme Court recently held that employers have "a legal duty to safeguard" the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine allows plaintiffs to recover purely pecuniary damages on a negligence claim "provided that [they] can establish the defendant's breach [of that duty]."
By Kevin Muck, Dean Kristy
The Delaware Court of Chancery ruled today that Delaware corporations do not have the power to use charter or bylaw provisions to require that claims under the Securities Act of 1933
By Gerald Audant
The test is not whether 80 percent received either options or RSUs.
By Kevin X. McGann, Ryan Johnson, Eric Majchrzak
In a pair of patent owner victories, the U.S. Court of Appeals for the Federal Circuit issued decisions limiting the applicability of obviousness-type double patenting ...
By David Forst, Adam Halpern, Idan Netser, Larissa Neumann, William Skinner
Released on November 30, 2018, the foreign tax credit proposed regulations provide a comprehensive new framework for calculating the foreign tax credit in light of several changes made by the Tax Cuts
By Cynthia Clarfield Hess, Mark Leahy, Shawn Lampron
As employee tender offers increase in frequency, so too has the scrutiny applied by auditors. Among the questions asked during these reviews: Is a buyback a straightforward sale of stock,
By Michael Dicke, Eric B. Young
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.
By Cynthia Clarfield Hess, Mark Leahy, Khang Tran
We analyzed the terms of 215 venture financings closed in the third quarter of 2018 by companies headquartered in Silicon Valley.
By Christopher King
Hot on the heels of the Federal Circuit's April ruling in Berkheimer v. HP, the U.S. Patent and Trademark Office issued a memorandum.
By Sapna Mehta
The U.S. Court of Appeals for the Eleventh Circuit considered the oft-litigated issue of what constitutes reasonable efforts to maintain secrecy of a claimed trade secret in Yellowfin Yachts v. Barker Boatworks, a case involving claims against a former executive turned competitor.
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