The question of where a company challenging a patent should litigate — in district court or the US patent and trademark Office (PTO) — just got a little trickier. Through the America Invents Act, the USPTO offers two new procedures. Learn what to anticipate from these hearings and how they compare to district court litigation.
To facilitate a smooth transition of employment status, use the following checklist when going through a termination. It will help gather all pertinent information regarding the employee and the termination. The checklist relates to US contexts.
This short article provides an overview of International Commercial Terms (Incoterms). Incoterms aim at providing rules for international sales contracts by allocating tasks, costs and risks between sellers and buyers. The article provides a global perspective, with a focus on French court decisions, and a brief comparison with the US Uniform Commercial Code and with Combiterms.
In 2017, the National Security Division of the US Department of Justice (DOJ) increased its self-disclosure incentives for companies in violation of global export controls. Given the financial benefit extended to whistleblowers, companies should be prepared to self-disclose any and all export violations to the DOJ before someone else does it first.
This article highlights the redefinition of general counsels’ role – from their contribution at the top table to their place at the heart of business operations.
This Leading Practices Profile, a supplement to ACC’s 2006 Leading Practices Profile, Contract Management for Small Law Departments, features the law department leading contract management practices of seven entities who provided background on databases and repository systems, and contract review, approval and archiving policies.
Read a summary of key developments in California environmental law to consider in 2023.
This article will summarizes the Supreme Court’s jurisprudence, explains the CFPB’s proposal and its legal basis, and outline steps companies can take to address the regulation before and after it goes into effect.
(Editor Note: CFPB enacted the final rule on July 10, 2017. On Oct. 17, 2022, the US Court of Appeals for the Fifth Circuit ruled the CFPB's funding mechanism was unconstitutional. On Nov. 14, 2022, the CFPB filed a writ of certiorari with the US Supreme Court requesting review of the decision in the 2022 term.)
Learn about changes to Iowa privacy law, effective January 1, 2025, to protect consumer data.
Learn about risks in China for app operators when implementing third-party services and products.
This article discusses the U.S. Food and Drug Administration's draft guidance regarding the implementation of Decentralized Clinical Trials (DCTs) for drugs, biological products, and devices.
Resolving trademark registration disputes through the US Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) can be a painstaking process. Although counsel have been slow to adopt them, better, more efficient methods exist. Read this article to learn about other options, including the Accelerated Case Resolution (ACR) procedure.
Doing Business in a Digital Era: where is the law up to? - presentation held in Canberra 16 June 2017.
ACC's International Practice Almanac (IPA) is a unique and incredibly valuable tool, providing you with guidance on the crucial questions you need to answer before engaging in or retaining legal services in countries around the globe. Search the rules of practice, professional responsibility, bar regulation and privilege protection by country. IPA covers the regulation of the practice of law in these countries, including the US states and territories, the provinces of Canada, the member states of the EU, and a number of Asian/Pacific Rim jurisdictions.
This is a sample social media policy.
This article explores the takeaways from a UK case, which highlights the risks of bidding on a competitor’s trade name(s) (and/or variants thereof) that is/are confusingly similar to the bidder’s own trade name(s) as Internet search keywords.
Your career journey is a series of inter-related activities that need to be practiced and exercised every day. Make sure that you love and learn the business, but live the law.
You are deputy general counsel of a Fortune 500 children’s entertainment conglomerate. One day, the vice president of marketing comes into your office and says, “We need to form a tight bond with the Fish Are Friends, Not Food Foundation. They are doing amazing work and getting great press for it. We need their brand to promote our new character, ‘Smiley the Shark.’” If you’re unsure of what steps to take to get the deal done, read this article.
In short Top Ten article, learn how a business entity may under US law utilize independent contractors to save money and increase flexibility.
If your company is plagued by document review troubles, early data assessment (EDA) might be the key. EDA technologies can prove invaluable when gathering and organizing data; assessing the merits and value of a case; and conducting internal audits and investigations. To learn more about the types, benefits and strategies of EDA, read this article.
We know businesses can’t do it all. But when using vendors to meet your commercial or client needs, make sure you’re aware of the risks at all stages.
As in-house counsel, your clients expect excellence in lawsuit process management — simply handing the reins to outside counsel won’t impress them. Instead of focusing on traditional legal strategies, expand your view to include a broad range of business concepts, processes and skills to optimally manage litigation. Learn how to work across different levels and functions to improve litigation results and the business as a whole.
Despite concerns early in 2020 that the pandemic would impact the growth of environmental, social, and governance (ESG) initiatives, the opposite proved to be the case with political and investor momentum aligning and ESG initiatives surging in the climate of “building back better”. This growth will likely accelerate in 2021, particularly as leading economies and financial centres in the US, China, the EU, and the UK make political and legislative commitments focused on ESG and investors double down on their ESG demands.
This second instalment of Latham’s annual 10 Things to Look Out For blog post highlights ESG-related developments and trends to anticipate in 2021.
Completing a successful Chinese M&A transaction can be trickier than new math. There are tons of legal hurdles to clear: government approval, anti-trust clearance, transferring real estate, trademarks and patents and repatriating profit, to name a few. Trying to tackle the transaction without a game plan is a sure set-up for defeat - but this article outlines an experienced attorney's firsthand knowledge to make the process less cumbersome.
This InfoPAK (now known as ACC Guides) gives a succinct overview of restraints of trade, monopolies and abuses of market power in India.
Learn about key EU and national public procurement regulations, in this multi-jurisdictional guide.
With the US Department of Justice (DOJ) collecting record corporate fines this year, your board asks if your company’s compliance is up to par. How do you respond? How do you gauge your program? This session will analyze the DOJ’s Federal Sentencing Guidelines for the Prosecution of Business Organizations, set out your minimum requirements, and lay out best practices that you can implement. This will cover leadership, risk assessments, policy development, communications, training, establishment of controls, and monitoring and testing of controls. Presenters will offer firsthand experiences (both positive and negative) and best practices for building and maintaining your compliance program.
This article covers the rise of gig workers and independent contractors in the U.S. and the impact upon various industries.
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