During oral arguments in the 2006 Supreme Court case eBay Inc. v. MercExchange, LLC, Justice Anthony Kennedy asked, “Is the [patent] troll the scary thing under the bridge?” For many, the answer is yes. Fear no more: This article discusses legislation designed to rein in troll behavior.
A presentation covering types of brand abuse, what you should do when you identify brand abuse, and possible remedies for brand abuse.
This article provides a unique contrast of the expectations of European Mergers & Acquisitions pre- and post-Brexit, as corporations and private equity firms wrestle with its consequences for their businesses and deal-making prospects.
In the area of mergers and acquisitions, trade secrets can provide unique challenges to the due diligence team evaluating the target company. An early understanding of the key players, the buyer’s intended uses of the<br />trade secrets, and the seller’s policies and positions regarding them, is fundamental to structuring the correct questions to undertake a thorough and informative<br />due diligence process. A thorough process can inform the economics of the deal, identify any third party risks and even minimize the opportunities for post-acquisition misappropriation of trade secrets.
Learn about key trends to watch in privacy and data protection in New Zealand in 2023.
The following article is a primer for non-lawyers in your company on how to audit corporate records to evaluate the knowledge that they contain as one of the first steps in setting up, revising, and maintaining an effective records management program. Because business people in your company may be more conscious now about records management issues, such as retention and destruction policies and schedules, since Enron and Andersen and other recent news-making events, the article explains the importance of going way beyond the outer concerns of what media to use for storage and how long to keep various records. The article explains the importance of delving into the content of the records and asking the right questions about why the company would want or need to keep the records and how the company could use those records to prove its worth in ways perhaps previously not considered. The article also outlines the critical fundamentals of performing a corporate records audit and offers practical suggestions and materials for completing a records audit. The article is certainly not a substitute for personal advice from in-house counsel geared to the particular records at hand, but should help lay the groundwork for discussions.
While the nearly comprehensive U.S. embargo on trade with Cuba remains and will require an act of Congress to be eliminated, the U.S. government has issued another round of measures further easing the U.S. sanctions and export control restrictions against Cuba.
This top ten list addresses certain issues when managing employee social media use in the United States.
In this article key questions are answered by leading practitioners regarding Cartel regulation in Italy.
In today’s corporate environment, workplace bullying affects individuals and the organization. Several states have proposed anti-bullying legislation that would allow employees to seek damages. Learn to protect, prevent and respond to abusive treatment before it escalates.
This brief article reviews regulations applicable to crowd-funding in France, the United Kingdom, and Italy, with some discussion of the practical application of the rules.
This Corruption of Foreign Public Officials Act (CFPOA) training course will help you recognize "red flags" — situations presenting a risk of CFPOA violations — and deal with them appropriately. (Licensed for use in classroom settings only and not for distribution in any form.)
Overview of Knowledge Management as a discipline, with case studies showing applications in pricing and process improvement, and suggestions and case study applications for collaboration within departments and when partnering with law firms. From ACC Value Challenge workshop, Legal Service Management, July 2010: www.acc.com/legalservicemanagement
US-centric techniques are not always effective in achieving the desired results of cross-border negotiations. Americans can underestimate the impact of personal relationships upon the outcome of a proposed deal, for example, or can inadvertently generate negativity by insisting upon the inclusion of complex contracting and dispute resolution provisions. But how do you persuade your partner that a handshake just isn’t enough? This panel will discuss effective techniques for bridging cultural gaps in international negotiations.
In parallel to the handling of legal cases in daily operations, every legal department has knowledge management on the top of its agenda. In an international legal department, an accurate response tailored to the company needs may make the difference between success and failure, noting the difference in needs and resources between small and large departments that are centrally or internationally located. These aspects will be elaborated and opinions will be exchanged in an interactive workshop that will bring new ideas and practical solutions to in-house lawyers.
Overview of the evolution of project management into legal project management, samples of project management tools, and an inventory of over 75 “off-the shelf” project management software options (with provider, price, platform and brief descriptions). From ACC Value Challenge workshop, Legal Service Management, July 2010: www.acc.com/legalservicemanagement
Learn about the central bank digital currencies ("CBDC") considered by the central banks of several countries.
This article was written after a mini roundtable where participants answered questions regarding D&O insurance for privately held companies, private equity and non-profits.
After more than fifty years, Civil Law in Hungary will be completely rewritten by the New Civil Code that will come into effect this year on the 15th of March. Several areas of law that have formerly been regulated in separate acts will now be incorporated into the new Code. These areas of law include family law, company law, as well as the law regarding civic organizations. Critics say that the new law sacrifices too much for dogmatic integrity and disassembles the unity of corporate law by extending current provisions for companies to all legal entities which will result, in many cases, in incomplete, inconsequent or redundant regulation. On the other hand, the concept of the new law is to provide more freedom to contracting parties. The present article seeks to summarize the ten most important matters that will have the largest influence on businesses.
Companies facing claims under the US False Claims Act ("FCA") frequently possess employment practices liability insurance ("EPL") claims to cover losses arising from the whistleblower's alleged wrongful or retaliatory termination. In this quick overview, learn about EPL coverage and common related insurance issues.
Testimony regarding the impact of the McNulty Memorandum on in-house counsel and corporate culture. The McNulty Memorandum addresses the DOJ's policy regarding when prosecutors should charge a corporation.
This article addresses the principle of limited liability that has been the central tenet of company law since it was adopted in the United Kingdom, and most countries in continental Europe during the latter half of the 19th century.
This report by the Economist Intelligence Unit was commissioned by CMS. The report "explores the extent to which firms identify intangible assets as trade secrets and implement protective measures to safeguard them accordingly."
The 2012 amendments to the American Bar Association Rules amended the comments to Rule 1.1 to say: "A lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." What does the change mean for attorneys in general and specifically in-house counsel? What technology is out there that in-house counsel can use to more efficiently run their departments? This interactive roundtable session will focus not only on the potential ethical implications of technology but on how the legal department can work with the IT manager or chief information officer to cooperatively achieve results in the areas of litigation holds, data security, review of IT-related contracts, document retention, and internal investigations. Faculty will provide guidance on explaining the contract terms and legal risks to your IT department and answer important questions like: What questions do I need to ask my IT department to properly evaluate the risks and contract terms? What happens if the product or service does not perform as expected? The panel will also examine everything from apps that improve efficiency to document management system tools that help with litigation.
It’s hard to envision a medical evaluation without a stethoscope. Invented in 1816, it revolutionized the information-gathering capabilities of doctors. Nowadays, many medical devices contain configurable embedded computer systems. Where there are computers, there are vulnerabilities. Learn more about the cybersecurity risks of medical devices.
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