Past 3 Months

Posted on: Mon, 13 May 2013 16:38:55 +0000

In what can only fairly be characterized as a patent tragedy, the United States Court of Appeals for the Federal Circuit now has no official position on the patentability of system claims that objectively recite volumes of tangible structures that clearly satisfy the machine-or-transformation test. Less than 5 years after giving the industry the rigid [...]More

Posted on: Fri, 17 May 2013 12:48:24 +0000

On Monday, May 13, 2013, the United States Supreme Court, in a unanimous decision, ruled that a farmer who buys Monsanto’s patented seeds cannot then propagate new seeds for future use without infringing the underlying patent. The opening paragraph in the Court’s decision, which was delivered by Justice Kagan, succinctly captures the essence of the [...]More

Posted on: Wed, 22 May 2013 21:00:16 +0000

Recently there has been some interesting news coming from the USPTO…and about the USPTO budget, courtesy of AIPLA taking up the fight against sequestration with the Office of Management and Budget (OMB). What follows is a synopsis of events over the past week. Addressing the RCE Problem Last week, the United States Patent and Trademark [...]More

Posted on: Fri, 24 May 2013 16:57:02 +0000

On April 23, 2013, Apple obtained U.S. Patent No. 8429407, titled Digital Handshake between Devices. Creating a secure connection between two devices that are in close physical proximity allows users to share a great deal of digital content. Instead of showing a webpage or document to another person by turning the screen towards them, a [...]More

Posted on: Thu, 30 May 2013 16:13:00 +0000

Since the United States Supreme Court first addressed the patentability of computer software in Gottschalk v. Benson, the law surrounding the patentability of software has changed considerably, leaving many to wonder whether software is in fact patentable at all. Originally in Benson, the Supreme Court decided that software was not patentable, but then later retracted the blanket [...]More

Posted on: Wed, 13 Mar 2013 09:00:09 +0000

We are pleased to share the most recent edition of the Simpson Thacher Securities Law Alert, edited by litigation Partners Jonathan Youngwood, Peter Kazanoff, and Paul Gluckow. The following is a summary of the February 2013 edition of the Alert:More

Posted on: Thu, 14 Mar 2013 09:00:29 +0000

New CFTC swap clearing rules will force non-financial entities to stop uncleared trading of certain interest-rate swaps (IRS) and index credit default swaps (index CDS) starting on September 9, 2013, unless such entities qualify for and claim the “commercial end-user exception” included in those rules. According to this memo I just received from Skadden's Brian Breheny, corporations will need to take certain steps before the September deadline if ...More

Posted on: Mon, 18 Mar 2013 09:00:52 +0000

Sullivan & Cromwell Partner and Practice Center Contributor, Frank Aquila, just sent along an article he co-wrote with Partner Sarah Payne for Bloomberg Law. The article presents some issues for legal and investor relations teams to consider as they seek to increasingly use social media to communicate with investors. Here is an excerpt:More

Posted on: Wed, 20 Mar 2013 09:00:25 +0000

The year 2012 saw vigorous activity in the creation and implementation of increasingly restrictive sanctions, particularly with respect to Iran. Enforcement of the sanctions has been accompanied by at times very significant penalties. The following update from Gibson Dunn reviews sanctions developments in the United States, European Union and the United Kingdom in 2012 in four areas -- legislation, Executive Orders, regulatory developments, and enforcement ...More

Posted on: Fri, 22 Mar 2013 09:00:24 +0000

Today we continue our bi-weekly installment shining a light on the best of the corporate and securities blogosphere. Highlights include a pro-business SCOTUS opinion, more revolving door drama, Lululemon exposed and more. If there are any corporate or securities blogs you think should be highlighted by our Top 5, please comment on this post and we’ll check them out!More

Posted on: Tue, 26 Mar 2013 09:00:52 +0000

Plaintiffs’ attorneys have continued to bring, or threaten, litigation against U.S. companies following the filing of their annual proxy statements. These complaints generally allege disclosure deficiencies in connection with the approval of equity compensation plans and/or the advisory shareholder “say-on-pay” vote and, as with merger-related “strike suits,” seek to enjoin the annual meeting. According to a new memo we just received from Sullivan ...More

Posted on: Thu, 28 Mar 2013 09:00:32 +0000

The SEC recently issued an important guidance update on social media filings by investment companies which is intended to "clarify the obligations of mutual funds and other investment companies to seek review of materials posted on their social media sites." The guidance from the Division of Investment Management is the first in its “IM Guidance Update” series, which will offer the staff’s views on emerging legal issues. We just received this Investment ...More

Posted on: Mon, 01 Apr 2013 09:00:59 +0000

In Kallick v. SandRidge Energy, Inc. the Delaware Court of Chancery preliminarily enjoined the board of SandRidge Energy, Inc. from impeding a consent solicitation by one of the Company’s largest stockholders to replace the incumbent directors. The Court found that the directors likely would be breaching their duty of loyalty if they did not “approve” the insurgent slate in the face of a change of control put provision in the company’s public notes ...More

Posted on: Wed, 03 Apr 2013 09:00:49 +0000

We are pleased to share the most recent edition of the Simpson Thacher Securities Law Alert, edited by litigation Partners Jonathan Youngwood, Peter Kazanoff, and Paul Gluckow. The following is a summary of the March 2013 edition of the Alert:More

Posted on: Fri, 05 Apr 2013 09:00:48 +0000

On April 2nd, the SEC issued a report of investigation that makes clear public companies may use social media such as Twitter and Facebook to announce information in compliance with Regulation FD as long as the companies made investors aware in advance which social media will be used to disseminate the information. Given the increasing frequency with which public companies are using social media to engage with clients, customers, employees, shareholders ...More

From the program: School Law Institute (13th Annual)

Released on: Apr. 30, 2013

To effectively represent parents, students, and school districts, practitioners must continue to develop and expand their understanding of the most recent developments in case law, and keep abreast not only of legislative and regulatory changes, but even technological changes as they affect schools and governing laws.In PLI’s 13th Annual School Law Institute, an expert faculty will examine significant new developments in education law and policy, ...

From the program: Consumer Financial Services Institute (18th Annual)

Released on: Apr. 23, 2013

On January 4, 2012, President Obama appointed Richard Cordray as the first Director of the Consumer Financial Protection Bureau (CFPB). Since that time, the CFPB has been involved in a whirlwind of regulatory, supervisory and enforcement activities. In addition to the CFPB, state and other federal regulators are pursuing initiatives focused on consumer financial services. This year’s Institute will explore in detail the Bureau’s activities as well ...

Released on: May. 22, 2013

Taken from the briefing Kiobel v. Royal Dutch Petroleum Co.: Supreme Court Sets New Limits on Extraterritorial Human Rights Suits recorded May, 2013.On April 17, 2013, the Supreme Court held in Kiobel v. Royal Dutch Petroleum Co. that the Alien Tort Statute (ATS), which allows suits in federal courts for violations of international law (including international human rights law), is subject to the presumption against extraterritoriality. Chief Justice ...

Released on: Apr. 25, 2013

Taken from the briefing Kirtsaeng v. John Wiley & Sons, Inc.: First Sale Doctrine Applies to Goods Made Abroad and Imported Without the Permission of the Copyright Holder recorded April, 2013.On March 19, 2013, the United States Supreme Court in Supap Kirtsaeng v. John Wiley & Sons, Inc. reversed the Second Circuit Court of Appeals and held (6-3) that the first sale doctrine set forth in 17 U.S.C. § 109(a) of the Copyright Act applies to goods ...

Released on: May. 21, 2013

Taken from the briefing Sierra Club v. EPA: Clean Air Act Permitting Becomes Even More Complicated and Onerous recorded May, 2013.On January 22, 2013, the court in Sierra Club v. EPA, No. 10-1413 (D.C. Cir. Jan. 22, 2013) issued a decision with far reaching implications for sources seeking a Clean Air Act permit under the Prevention of Significant Deterioration (PSD) program. The decision addressed two screening tools – Significant Impact Levels (SILs) ...

Recorded on: Mar. 4, 2013

STEVEN L. BAGLIO: So I'm going to tackle the very beginning of how a venture backed company might be formed. And then I'll turn it over to Sarah, who will talk more specifically about venture capital deal terms. And by the way, if anybody in the live audience has a question, they should feel free to interrupt me as I go. And we'll stop periodically, if you'd like. So it's really three buckets within what I'm going to talk about. Just to organize. ...

From the program: Venture Capital 2013: Nuts and Bolts

Released on: Mar. 14, 2013

A thorough understanding of current market practice, deal terms and conditions, transaction documents and applicable securities, regulatory and ethical issues is critical in the venture capital business. This program, designed for those seeking a secure foundation in the venture capital field, will teach you the essentials of venture capital. From examining the anatomy of a venture capital deal, to participating in a mock term sheet negotiation, to ...

From the program: Bankruptcy & Reorganizations 2013: Current Developments

Released on: Apr. 26, 2013

The credit markets continue to be volatile and in today’s weak economy, staying abreast of the current developments in restructuring, bankruptcy and reorganizations is essential. This advanced conference assembles a remarkable faculty of bankruptcy judges and leading practitioners who will provide you with a thorough review and analysis of hot topics, developments, and recent decisions in diverse industries. They will cover the ramifications of the ...

Course Handbook from the program Acquiring or Selling the Privately Held Company 2013, held April, 2013.

From the program: Consolidated Tax Return Regulations 2013

Released on: Mar. 12, 2013

During the past eighteen years, the Department of the Treasury and the Internal Revenue Service have substantially revised the consolidated return regulations. These changes, coupled with legislative developments, judicial decisions, and published and private rulings, have dramatically changed the operating rules of consolidated returns. An understanding of these rules is critical for practitioners and corporate tax counsel who practice in this area. ...