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Publications & Interviews

Featured Publications & Interviews

  • Lawhead Interviewed by The Deal Regarding FTC Involvement in the Early Stage Drug Pipeline

    The Deal

    The Deal interviewed Mike Lawhead, a shareholder in Stradling’s corporate and securities department and a member of the firm's life science practice group, for a story regarding whether the FTC should refrain from involvement when pharmaceutical products are in the early stages of development. David Emanuelson, Novartis senior corporate counsel for antitrust in the Americas, recently called for the FTC to stop requiring drug pipeline divestitures in the M&A context unless the products are in the final round of FDA testing (Phase 3). Lawhead stated that the harm to innovation from consolidation of early stage drug pipelines is easy to overstate.

  • Brooks Authors Article on “Plain and Ordinary Meaning” for IP Watchdog

    IP Watchdog

    Sarah Brooks authored the article, “Is ‘Plain and Ordinary Meaning’ a Viable Proposed Claim Construction After the Federal Circuit’s Decision in Eon?” for IP Watchdog. In the article Brooks explores the decision in Eon Corp. IP Holdings LLC v. Silver Spring Network, in which the Federal Circuit reversed the District Court’s jury instruction that the terms “portable” and “mobile” should be given their “plain and ordinary meaning.” Eon had argued that “portable” and “mobile” did not need construction and that the terms could simply be given their plain and ordinary meaning, while Silver Springs argued that the terms ought to be construed.

  • In Wake of Salman, Friendship is Key Question For Insider Trading Liability

    White Collar Defense shareholder Jason de Bretteville and associate Kenny Hsu were published in the Westlaw Journal’s Corporate Officers and Directors Liability Expert Analysis section with their post mortem analysis of the Supreme Court’s December 6, 2016 decision in Salman v. United States.

  • Supreme Court Revisits Insider Trading’s Personal Benefit Requirement

    White Collar Defense shareholder Jason de Bretteville and associate Kenny Hsu were published in the Westlaw Journal’s White Collar Crime Litigation News and Analysis section with their expert analysis of the much anticipated oral arguments in Salman v. United States. In the article, “Supreme Court Revisits Insider Trading’s Personal Benefit Requirement,” de Bretteville and Hsu argue that a majority of the court appeared to be reluctant to break from precedent and would likely “be comfortable with reaffirming — or at most, slightly clarifying — the standards for imposing liability that existed before the 2nd U.S. Circuit Court of Appeals’ landmark decision in United States v. Newman.”

  • Client Alert - Court Enjoins Implementation of New Federal Salary Requirement for Exempt Employee Status

    Stradling shareholder Jeff Dinkin wants to inform you that today, November 22, 2016, U.S. District Judge Amos Mazzant issued a nationwide injunction that blocked implementation of the new federal salary standard for employees to qualify as exempt under the salary basis test. This means that employers do not have to pay exempt employees a minimum salary of $47, 476 as of December 1 to retain exempt status.

  • Client Alert - Important Information Regarding The New Federal Minimum Salary For Exempt Employees

    Stradling shareholder Jeff Dinkin published a client alert discussing important information regarding the new federal minimum salary for exempt employees.

  • Representing Creditors in Bankruptcy: Extent and Priority of Creditor Liens

    Expert Webcast

    Stradling shareholder Marianne Mortimer participated in an Expert Webcast discussing Representation of Creditors in Bankruptcy. Expert Webcast is a sophisticated digital source of expertise for the professional and the business communities locally, nationally and cross-border. Producing the industry’s leading webcast panels covering corporate, M&A, restructuring and finance topics. Link to program recording and presentation materials.

  • Clients Must Vet eDiscovery Competence of Counsel

    Orange County Business Journal

    Litigation Shareholder Maren Hufton and counsel Katherine Hammersly’s article, “Clients Must Vet eDiscovery Competence of Counsel” was published in the Orange County Business Journal. In the article, Hufton and Hammersly state that counsel must pay careful attention to the requirements and challenges of managing electronic discovery since “an attorney’s failure to recognize basic eDiscovery responsibilities exposes not just the attorney, but the client, to harsh sanctions”. Hufton and Hammersly lay out a framework of eDiscovery-related questions for in-house counsel to ask before retaining outside counsel for any matter.

  • Daily Journal Weekly Appellate Report Podcast: SEC v. Jensen

    Stradling shareholder John Cannon recently sat down with Brian Cradile of the Daily Journal to discuss the Ninth Circuit’s ruling in SEC v. Jensen, a decision which broadens CEO/CFO liability in the wake of financial restatements, but leaves some significant ambiguities within that doctrine. Listen to the podcast.

  • Crowdfunding Options Grow

    The Orange Business Journal quoted Jeff Estes, a shareholder in Stradling’s corporate practice, for an article on the SEC regulation for crowdfunding that recently took effect. The new regulation is part of the federal Jumpstart Our Business Startups (JOBS) Act, and is meant to stimulate the funding of small businesses by easing some securities regulations.