This article outlines red flags that brand owners and licensees should look for, consider, and address if they find such flags in a brand license agreement.
This article is a security guide for businesses published by the United States Federal Trade Commision.
This Article discusses litigation strategy in view of the new post-grant patent procedures created by the Leahy-Smith America Invents Act (AIA). The AIA provides for post-grant review by the Patent Trial and Appeal Board (PTAB), inter partes review, transitional post-grant review and supplemental examination. These newly created procedures allow third parties to challenge patents and patent owners to strengthen their portfolios. The US Patent and Trademark Office (USPTO) will issue regulations detailing these procedures throughout 2012.
This is a sample contractor agreement where company is a non-profit organization.
On 10 September 2020, the Singapore Competition and Consumer Commission (CCCS) issued its final Market Study on E-commerce Platforms. This Study is particularly significant as it not only looks at issues from a competition perspective, but also from a consumer protection perspective, reflecting the CCCS’ clear position as a regulator of both areas.
The concept of a 'litigation hold' is not new: A litigant must not accidentally or purposefully destroy documents that may be discoverable in real or anticipated litigation. Read about two real world cases that provide insight into this issue so you can implement policy and procedure changes to protect your organization.
Learn to better supervise the use of resources in patent studies, litigation and prosecution.
This InfoPAK (now known as ACC Guides) gives a succinct overview of merger control, regulatory framework and regulatory authorities in the European Union.
Smart companies plan, measure results and demonstrate success. The legal department within those companies needs to follow suit. Demonstrating to your client that you add value is critical. This program will teach the in’s and out’s of strategic planning and effective metrics development that will help you demonstrate your department’s successes and show your boss how you add value to the company’s bottom line.
The assignment of arbitral claims and arbitral awards is a fast-growing market practice. When entering into agreements for such assignments, it is crucial to ensure that they comply with all the applicable legal requirements. In this context, the assignee should carefully assess the risks that may arise out of the award debtor's rights pursuant to the provisions of the law applicable at the seat of arbitration and/or at the place(s) of enforcement of the award. Under French law there is a specific mechanism called the right of "retrait litigieux" ("disputed withdrawal"). In accordance with this singular legal mechanism, which is designed as a tool to fight against speculation, when a disputed claim is assigned to a third party in the course of any judicial or arbitral proceedings, the debtor is entitled to discharge its debt by paying the assignee the actual price of the assignment, plus interest and costs, instead of the full amount of the original debt (article 1699 of the French Civil Code ). As has been seen in the FG Hemisphere v Democratic Republic of the Congo saga, the conditions and requirements for exercising the right of retrait litigieux in the context of assignment of arbitral claims or arbitral awards are uncertain under French law.
In this article regarding US employment laws, learn about the at-will presumption and exceptions to the rule.
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 the United States.
An overview of software copyrighting.
This resource provides jurisdiction-by-jurisdiction guidance to technology sourcing laws and regulations around the world.
This guide covers issues relating to procurement processes, dispute resolution procedures, intellectual property rights, data protection and employment law.
January/February 2008: Tools & Solutions for Doing Your Job Better
On Feb. 10, 2013, the Ethics Resource Center (ERC) released its biannual National Business Ethics Survey (NBES). The NBES is the most rigorous measurement of national trends in workplace ethics and compliance, and the most exacting longitudinal cross-sectional research effort in the field. Read the author’s take on the survey report.
This article provides an analysis of how the Covid-19 pandemic has impacted companies specifically with so many companies having distributed workforces. In particular, the article examines the difficulties of applying vicarious liability to a distributed workforce, specifically with regards to when data breaches take place.
The following outline is created to serve as an initial checklist for the customer in such an acquisition. The checklist is not intended to, and cannot, be comprehensive with respect to all information technology acquisitions, but rather is an attempt to assist the customer at the outset of a proposed acquisition on issues of general application.
A review of Mexico's new privacy notice guidelines, which impose extensive requirements for furnishing adequate data privacy notices and obtaining consent before personal data is collected directly from a person or electronically via “cookies,” “web beacons” or other automated means.
A brief discussion of the expansion of Brazilian companies into the global market, with particular focus on the government's role in that expansion.
James Nortz explores potential arguments for and against assisting other businesses when they are down, applying ethical considerations and balancing such corporate altruism with your own company's professional goals.
The US False Claims Act (FCA) was enacted during the American Civil War for the purpose of discouraging individuals and corporations from cheating the government. The FCA has been amended several times since then and has been upheld by the courts.
This article was written shortly after the author arrived in the Caucasus Region to handle legal matters for the Bauk-Tbilisi-Ceyhan (BTC) Oil Pipeline running 1700 kilometers from Azerbaijan, through the Republic of Georgia, to Turkey's Mediterranean Coast.
The majority of new companies started in the United States will fail. Some estimates say as many as nine out of every 10 new businesses will fail. This is a staggering statistic! This panel will delve into what in-house counsel need to know if their place of business starts failing. What role does in-house counsel play in sounding the alarm bells and letting others know that bankruptcy may be the best idea? What are the differences between Chapter 7 and Chapter 11 when it comes to a business bankruptcy? What are the disclosure obligations when the company cannot meet current expenses? When and to whom should disclosure be made – board of directors, vendors, employees, regulators? What are the operational issues as insolvency approaches? This panel will discuss what to expect if your company fails, the legal pitfalls to avoid to protect everyone involved, and how involved an in-house lawyer should be in the wind-down process. The panel will also address what in-house counsel need to know when a vendor or customer is going through the bankruptcy process.
This is an example of anti-corruption policy for a smaller organization. An anti-corruption policy should be customized to the needs of the specific organization. The nature of the policy will depend on the specific needs of the organization based on its business and where it operates. The policy below is merely an example and provided for information purposes only and does not constitute legal advice.
This guide provides corporate counsel and international practitioners with comprehensive jurisdiction-by-jurisdiction guidance to aviation laws and regulations around the world.
Issued covered in this guide include aircraft trading, finance and leasing, litigation, and dispute resolution.
This InfoPAK (now known as an ACC Guide) provides a "question & answer" guide to corporate crime, fraud and investigations in Australia. This guide gives a high level overview of matters relating to corporate fraud, bribery and corruption, insider dealing and market abuse. In addition, it summarizes money laundering and terrorist financing, financial record keeping, due diligence, corporate liability, immunity and leniency, and whistleblowing.
This article addresses what can be done once a company is served with a class action lawsuit.
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