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1600 PTAB & Beyond

PTAB Issues Precedential GoPro Decision That Even Service Of “Deficient” Complaint Starts IPR Time Clock

By Bryan D. Beel on August 23, 2019

Today, the PTAB’s Precedential Opinion Panel issued a precedential decision holding that even a deficient pleading triggers the one-year IPR filing period. GoPro, Inc. v. 360Heros, Inc., IPR2018-01754 (PTAB Aug. 23, 2019) (Paper 38). …

Tech Risk Report

Recent Developments in Coverage for Email-Based Computer Fraud

By Jeff Bowen on August 22, 2019

As previously reported here, (Nov. 8, 2017), companies falling victim to electronic impersonation (“spoofing”) schemes have frequently turned to “computer fraud” coverage found in typical crime policies. In this type of fraud, someone impersonates a vendor, contract partner, or company executive via email or other electronic means, and directs the transfer of funds to an account connected to the fraudster. Courts adjudicating insurance coverage actions arising out of these schemes have reached quite disparate…

Virtual Currency Report

You Received One of the IRS Crypto Letters—What’s Next?

By Alice Townes, Christopher Sigmund, Kevin Feldis & Eric Wasik on August 20, 2019

Taxpayers should take prompt action to assess their situation, yet move carefully before making representations or filings to the IRS. Over the past month, the Internal Revenue Service (IRS) has sent letters to over ten thousand taxpayers that it believes may have failed to report virtual currency transactions (primarily Bitcoin-related) or may have omitted income derived from virtual currency transactions. These letters continue to receive significant press coverage from major financial outlets and may be…

California Land Use & Development Law Report

EIR’s Project Description May Present Alternative Development Options and the Agency May Approve A Variant of an Analyzed Alternative

By Geoffrey Robinson & Christian Termyn on August 19, 2019

An EIR’s project description may identify alternative development schemes proposed for a single project, and the agency may approve a modified version of the project that incorporates elements of one of the alternatives reviewed in the EIR. South of Market Community Action Network v. City and County of San Francisco (2019) 33 Cal.App.5th 321. Plaintiffs challenged the City of San Francisco’s approval of a four-acre mixed-use development in downtown San Francisco. The EIR’s project description…

Virtual Currency Report

Blockchain Week in Review: Week of August 9, 2019

By Michael Selig on August 19, 2019

U.S. Regulatory Kik Files Answer to SEC Complaint On August 7, Canadian messaging company Kik Interactive Inc. (“Kik”) filed its answer to the U.S. Securities and Exchange Commission’s (“SEC”) complaint filed in the Southern District of New York. In its 131-page answer, Kik argues for a narrow reading of the Howey test and maintains that the SEC has taken quotes out of context and misrepresented documents and testimony in its treatment of the facts in…

Food Litigation News

Industry Insights: FDA Sends First Warning Letter Under Recent Rule Regarding Imported Food

By Tommy Tobin on August 16, 2019

The Food Safety Modernization Act (“FSMA”) ushered in a sea change in the government’s regulation of food safety. Pursuant to FSMA, the FDA has promulgated a series of rules, including a 2015 rule related to the Foreign Supplier Verification Programs (the “FSVP Rule”). These programs set forth certain requirements to ensure food safety and appropriate labeling for food imported into the United States. The FSVP Rule requires that importers verify that the food they import into…

Consumer Protection Review

ERSP Reminds Brands to Disclose Connections with Ambassadors

By Amanda J. Beane on August 16, 2019

The Federal Trade Commission (FTC) and self-regulatory bodies such as the Electronic Retailing Self-Regulation Program (ERSP) have their attention focused on social media influencers. In a recent decision involving Alo, LLC—the company behind Alo Yoga, a popular purveyor of yoga-related merchandise—ERSP reviewed approximately 60 private Instagram accounts containing endorsements for Alo Yoga’s products. ERSP’s message to advertisers is a familiar one: influencers and endorsers with a material connection to the advertiser must disclose such connection…

The Fintech Report

Fintech Week in Review: Week of August 9, 2019

By Eric Wasik & Sam Boro on August 15, 2019

U.S. Developments Federal Reserve to Build Real-Time Payments System After years of speculation, the Federal Reserve announced this week it will create a real-time payments system, which it expects to be live by 2023 or 2024. The system, the FedNow Service, was announced by Federal Reserve Governor Lael Brainard during a speech at the Federal Reserve Bank of Kansas City. During the announcement, Brainard highlighted the strong support for the project the Federal Reserve received…

California Land Use & Development Law Report

Location Exception to CEQA’s Categorical Exemptions Applies Only to Designated Environmental Resources Affected by The Project

By Lindsey Quock on August 13, 2019

The location exception to CEQA’s categorical exemptions does not apply to earthquake and landslide hazard zones, as they are not “environmental resources” that would be affected by a project. Berkeley Hills Watershed Coalition v. City of Berkeley, 31 Cal.App.5th 880 (1st Dist. 2019). The City of Berkeley approved construction of three single-family homes in the Berkeley Hills. The city found the projects exempt from CEQA under the Class 3 exemption, which applies to the “construction…of…

Tech Risk Report

Representation and Warranty Insurance Coverage for Corporate Transactions

By Michael Sharkey on August 12, 2019

It is becoming increasingly important for tech companies considering a merger, acquisition, or other corporate transaction to understand the use of Representation & Warranty Insurance (“R&W Insurance”). R&W Insurance is a type of insurance policy purchased in connection with corporate transactions; it covers the indemnification for certain breaches of the representations and warranties in the transaction agreements. It is designed to provide additional flexibility in addressing these obligations by, for example, reducing or eliminating the…

Perkins Coie LLP

Perkins Coie LLP Blogs

Blog Authors

PTAB Issues Precedential GoPro Decision That Even Service Of “Deficient” Complaint Starts IPR Time Clock

Recent Developments in Coverage for Email-Based Computer Fraud

You Received One of the IRS Crypto Letters—What’s Next?

EIR’s Project Description May Present Alternative Development Options and the Agency May Approve A Variant of an Analyzed Alternative

Blockchain Week in Review: Week of August 9, 2019

Industry Insights: FDA Sends First Warning Letter Under Recent Rule Regarding Imported Food

ERSP Reminds Brands to Disclose Connections with Ambassadors

Fintech Week in Review: Week of August 9, 2019

Location Exception to CEQA’s Categorical Exemptions Applies Only to Designated Environmental Resources Affected by The Project

Representation and Warranty Insurance Coverage for Corporate Transactions

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