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By Kevin Muck, Dean Kristy, Catherine Kevane, Felix Lee, Vincent Barredo
The U.S. Supreme Court has ruled that class action plaintiffs can bring claims under the Securities Act of 1933 in either state or federal court.
By Michael Dicke, Vincent Barredo
This is the first enforcement action to result from a sweeping SEC investigation into the Rule 701 option-granting practices of late-stage private companies begun in July 2016.
By Samuel B Angus
Private equity and venture capital investors look for different terms and preferences at the various points of a company's primary capital raising timeline.
By Marshall Mort, Hans Andersson
Section 409A is intended to regulate deferred compensation arrangements. It was enacted, in part...
By Stuart Meyer, Gregory Hopewell
In reading post-Mayo/Alice decisions, some seem more comfortable than others.
By Hanley Chew, Tyler Newby
In keeping with its recent decision in Bassett v. ABM Parking Services, the U.S. Court of Appeals for the Ninth Circuit held in Noble v. Nevada Checker Cab (March 9, 2018) that alleged procedural violations...
By William Skinner
Only certain types of companies qualify under the QSBS rules which are laid out by a statute that aims to encourage entrepreneurial ventures
By Hanley Chew, Tyler Newby
The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing.
By Kristine M. Di Bacco
For private technology companies, issuing equity to employees often provides a valuable incentive for new individuals to join and help build the company.
By Christopher King
In my own prosecution practice I've noted a recent uptick in the allowance rate of many examiners in the 36XX art units, with several examiners that had hitherto never allowed a single case allowing multiple cases ...
By Hanley Chew, Tyler Newby
The U.S. Court of Appeals for the Ninth Circuit joined a growing number of circuit courts of appeal to hold that alleged procedural violations of the Fair and Accurate Credit Transactions Act...
By James Evans, William L. Hughes, Jeffrey Vetter, Daniel Winnike
The U.S. Securities and Exchange Commission on Feb. 21, 2018, issued interpretive guidance on public company cybersecurity disclosures.
By Kevin Muck, William Brenc
In a unanimous ruling in Digital Realty Trust v. Somers, the U.S. Supreme Court has narrowed whistleblower protections in the Dodd-Frank Act that shield employees who report potential securities law violations.
By Daniel McCoy, Tiara Quintana
In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor.
By Gregory Hopewell
Do you remember obviousness before KSR v. Teleflex? To invalidate, the rule went, one must find an express rationale for combining references (a teaching, suggestion or motivation).
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