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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.

Contract management can mean a number of things to a number of people. In many cases they are looking at one stage in the contract life cycle. There is money to be saved at each stage of the life cycle if you have the resources to manage your contracts rather than responding to each. Every point identified in this article will not apply to every contract, but it will give you an idea of the things to consider at each stage of the process.

Part of the 2009 Annual Meeting Program Materials for Session 408.

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.)

Learn about key developments and perspectives regarding class actions in Europe.

This presentation will aid you in your utilization of analytical tools that indicate whether a new project will create value, such as Net Present Value (NPV), Internal Rate of Return (IRR), Payback Period and Economic Value Added (EVA).

Contract negotiations and modifications are common practice for in-house counsel. However, the question as to who can modify a contract and under what circumstances should always be clear. In this summary, learn more about the conditions in which this process is acceptable.

This article explains how in-house counsel can advise their clients who desire to terminate international distributors and agents.

This is a sample company employee handbook.

This InfoPAK guides the in-house practitioner on how to establish a corporate compliance and ethics program. It begins by outlining the primary corporate legal obligations and requirements, focusing on the Federal Sentencing Guidelines, Dodd-Frank and Sarbanes-Oxley, and then delineates the fundamental elements of an effective compliance program, focusing on how to maximize the potential of your compliance program. Finally, it discusses effective training and enforcement once the program is implemented, and offers numerous additional resources, including sample forms and policies and a Model Code of Conduct at the end.

This Leading Practices Profile, an update to ACC’s 2009 The Role of the General Counsel in Canada LPP, describes practices implemented by the law departments of six organizations in Canada regarding law department structure, the professional development of their in-house lawyers, the selection and management of external service providers and the use of technology. Those practices were designed and intended to enable those departments to provide higher-value legal service to their respective organizations. Four of those organizations are private enterprises; one is an international, not-for-profit corporation and one is a statutory agency of a provincial government.

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.

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.

This article aims to provide the fintech industry in Hong Kong with a comprehensive study of the key features, benefits, risks and potential of Distributed Ledger Technology (blockchain).

This InfoPAK (now known as ACC Guides) provides an overview of key issues to address, the content of each of these document, intellectual property issues, and employment issues on an international joint venture. In addition, this document provides an analysis of the various legal structures that are commonly used as vehicles for international joint ventures control and minority protection at board and shareholder level, key competition issues, and deadlock and termination provisions in the context of an international corporate joint venture.

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.

This report is an in-depth look at the US-Australia Free Trade Agreement.

Regulatory compliance continues to be a key issue for US energy companies. With an ever-changing regulatory landscape and stepped-up enforcement in some areas, it is more important than ever for in-house counsel to ensure proactive compliance with the various regulations governing the energy industry. This panel will provide timely updates, best practices, and advice from the experts on North American Electric Reliability Corporation, US Federal Energy Regulatory Commission, and US Commodity Futures Trading Commission compliance.

This InfoPAK (now known as ACC Guides) provides a practical guide to a Q&A that gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities in Germany.

Many companies are outsourcing such functions as information technology, accounting, customer service, and telecommunications. Additionally, many of them are contracting with foreign vendors to provide such services. This article explains the reasons for this phenomenon, examines the trends in global outsourcing, and sets forth factors that will help you to determine whether such outsourcing is right for your company. You will learn how to develop a strategy that will enable you to identify the vendor and outsourcing destination most appropriate for your needs and to sidestep the minefields involved in outsourcing globally.

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.

Check out this whitepaper developed by Foley & Lardner LLP to learn more about the top twelve trends in the digital assets space.

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."

On April 23, 2024, the U.S. Federal Trade Commission finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States.

While certain health care providers will be exempted from the rule, many will not. As such, and if the rule survives legal challenge, health care industry participants should carefully consider how the rule will impact their recruitment and retention strategies going forward.

Since the 2008 economic collapse, many in-house counsel have found themselves in transition (and typically not of their own accord). Instead of picking up a new hobby, why not hone the skills you already possess? This article provides six suggestions for keeping your legal skills active while in a transitional role.

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.

In light of UK case law, learn tips on how to enhance your ability to enforce limitations of liability in your standard terms.