The European Unified Patent Court (UPC) – which centralizes patent litigation throughout most of the EU – is on track to go live in late 2016 or early 2017. The new UPC is expected to rival and potentially surpass US courts as the preferred venue for major patent disputes, as US companies will be able to obtain an EU-wide injunction via a single litigation, instead of having to litigate in each jurisdiction. This will drastically reduce costs and improve enforcement, but it won’t be easy. The new system and the changes in procedure and process are complex. Companies must assess multiple factors to decide in advance whether to participate or opt-out. This panel comprised of lawyers dually qualified in the US and UK will focus on how the UPC will impact IP filing and enforcement strategies of US companies, and answer questions such as: What strategic planning should US companies be doing now to prepare for the UPC?; What are the best practices to protect US companies’ patent portfolios in Europe?; What are the commercial advantages of opting-in or out of the UPC?; How will early UPC participants shape the new court system?; How do US companies decide whether to opt-in or opt-out?; How do US companies approach product clearance and FTO in Europe, particularly as applied in licensing and acquisitions?; What are the options for mitigating significant competitor patent risk before it is exacerbated by the UPC?
Eighth edition of the Getting the Deal Through Anti-Corruption Regulation Guide, a volume that provides international analysis for corporate counsel, cross-border legal practitioners and business people.
As technology advances and changes some aspects of the way law is practiced, timeless qualities of legal departments persist. The value of diversity is still as ageless as quality wine. And the best law departments capitalize on the experiential and global diversity of its lawyers.
This comprehensive guide provides an overview of key legal and regulatory aspects of doing business in Germany. This guide is part of the Lex Mundi Guides to Doing Business series which provides general information about legal and business infrastructures in jurisdictions around the world.
The paperless office is a mirage. We’ve had the technology to go mostly paperless since the early ‘90s. But our paper usage has grown right along with our data volumes, consuming 15 percent of our physical office space. For over a decade, the legal framework and our technological infrastructure have made digital signatures a far superior alternative to ink. This article advocates executing documents digitally.
In this article key questions are answered by leading practitioners regarding Cartel regulation in Italy.
This article offers some considerations for manufacturers and distributors with products in Ontario and some practical suggestions for managing and avoiding expensive and reputation or relationship damaging product liability claims.
The last few years have brought big changes in California's employment laws. There's a Private Attorneys General Act, dubbed "the bounty hunter law," that allows private rights of action on many Labor Code provisions, along with new whistleblower protections, and new employee rights to take time off to tend to personal matters. Obviously California employers must pay attention to these changes. Moreover, employers in other parts of the country would be wise to take notice of the legal and legislative developments that have emerged from the Golden State. Taking proactive measures to prevent workplace discrimination and harassment, and ensuring that proper measures are in place to protect whistleblowers and comply with wage and hour laws will go a long way toward establishing a productive workplace and avoiding financially crippling and potentially devastating.
This Wisdom of the Crowd (ACC member discussion) discusses how to address an elderly employee's request to be provided with a scooter, and related questions pertaining to reasonable accommodation under the US Americans with Disabilities Act (ADA) and potential claims of unequal treatment. This resource was compiled from questions and responses posted on the forum of the Employment & Labor Law ACC Network.
As the commercial real estate market begins to recover, the current tenant-friendly environment may begin to shift. However, there is still time to maximize your economic position under the current market dynamics by understanding several basic key issues. Recognize how your company can fortify an advantageous position today, rather than wallow in regret tomorrow.
Public companies and their in-house counsel face new challenges as activist shareholders are demanding a greater voice in the boardroom. At the same time, engaged shareholders and their counsel tread the mine field of regulation as they seek to influence the governance agenda in the companies they own and to hold boards and management accountable for underperformance. Recently, some of the most high profile proxy contests have involved U.S. hedge funds targeting Canadian public companies. In this panel, hedge fund in-house counsel will face off against public company in-house counsel, fresh from their recent battles, to share their experiences and insights gained. Outside counsel with experience on both sides of the fight will discuss how in-house counsel can successfully steer their boards and management through the process.
Following the collapse of Enron and other high-profile employee-owned companies, you need to revisit the issues surrounding employee buyouts before your company implements such a plan. This article will outline new regulatory proposals and help you avoid potential pitfalls.
This InfoPAK (now known as ACC Guides) provides a high-level overview and practical analysis for public procurement issues and procedures in France.
A thoughtful article regarding the best ways to manage shareholder activism.
This is a sample group sales agreement between a hotel and organization.
This InfoPAK (now known as ACC Guides) provides a Q&A that gives a high level overview of the main trends and significant deals in Swiss construction plans.
Data risk was once thought of as a technical challenge. However, the onslaught of data breach and data privacy legislation, and subsequent litigation have changed this outlook. There is one activity that everyone is aware of which, if well-executed, can lower technical, legal, and privacy risks and increase compliance: a data retention/deletion program. Check out this whitepaper from Exterro to learn more about data retention programs.
Find an in-depth summary of doing business in Argentina in this article. In-house counsel will learn about investment vehicles, tax considerations, protections of intellectual property and more.
The road to finalizing a contract can be tricky. Here are seven steps that will help you balance being a guide and strategic advisor as you negotiate the right path for your company.
The following article is a primer for the U.S.-trained human resources manager tasked with handling a pan-European reduction in force ("RIF") for an American company. It sets out the key elements of a RIF plan, concisely overviews the European legal landscape, addresses seven key issues concerning collective dismissals in six European countries, and provides country-by-country guidance on those issues. If, for example, you do not want one of your company's directors to land in a French jail because you did not follow the correct procedures concerning the collective dismissal of your company's Avignon-based workers, then this article is for you. The article is certainly not a substitute for personal advice from in-house counsel geared to the particular matter at hand, but should help lay the groundwork for an effective RIF plan.
This is a Bloomberg article addressing the real estate crowdfunding land rush.
An overview of mergers and acquisitions in Europe in 2021.
As companies expand their activities in the European market, the time may soon come when, in order to practice, the "transnational in-house lawyer" will have no choice but to seek transnational training and licensing. Despite efforts to create a "single European legal market" for EU lawyers, licensing remains quite difficult for US attorneys. But the rewards are great. This article provides practical information on how US lawyers should proceed in order to get licensed in the EU.
Hurdles await any company seeking to expand its footprint outside of currently-known geographic territories. Explore key potential pitfalls and means to navigate your way to success by leveraging a global mindset at all phases of your next multinational contract negotiation.
Learn about the potential introduction of a digital Euro.
This ACC guide provides a Q&A that gives a high level overview of board composition, the comply or explain approach, management rules and authority, directors' duties and liabilities, transactions with directors and conflicts, company meetings, internal controls, accounts and audit, institutional investors and reform proposals in Hong Kong.
Show results exclusively from the ACC Resource Library with customizable filters