Non-disclosure and confidentiality agreements are ubiquitous and used daily in a variety of contexts, from mergers and acquisitions to more ordinary course commercial transactions. Faculty will cover recent case law regarding confidentiality agreements in the acquisition context and describe some broader implications. We will provide a walk-through of common confidentiality provisions, and tips and perspectives for both the disclosing and recipient parties. Although most in-house counsel have experience with confidentiality agreements, this presentation will drill down on some of the pitfalls and important provisions that get missed. We will provide a confidentiality agreement form, marked to show different provisions and negotiating positions to serve as a useful guide.
Trade secret owners are faced with a myriad of issues, especially with the increasingly global marketplace. Business owners and leaders must address the risk of outright theft of their intellectual property by competitors or would-be competitors. International communication networks that make the theft of trade secrets as easy as pushing the “send” button magnify this trend. This interactive workshop will allow the attendees to work in groups and act as business leaders facing a trade secret crisis in their companies. The attendees will then choose how to address their crisis and which legal actions to take. Each team will take turns presenting their strategy to the entire group and, if necessary, the presenter will make recommendations for additional ways the teams could have protected their trade secrets.
This case law is on the issue of whether the equitable defenses of laches should apply in this case to bar the recovery of any pre-filing damages for infringement that NexTag might owe LendingTree and whether LendingTree should be equitably estopped from obtaining any relief on its infringement claims against NexTag.
A social media policy is highly desirable for setting clear standards in the workplace, but employer regulation of employees' out of work activities must be reasonable. Read this article to learn how you can use a social media policy for your employees.
This article will show you how to determine whether ebilling is a good move for you, and if so, how to select a system that is a good fit for both your law department and your outside law firms.
The increasingly globalized practice of law remains riddled with local idiosyncrasies. This Toolkit offers practical pointers to help you successfully cross the Pond.
This 4th annual LegalSEC study provides key insights into the InfoSec programs and practices specific to legal firms.
The US Federal Communications Commission recently adopted modified “open Internet” rules intended to protect the ability of consumers and content producers to send and receive legal information on the Internet, a concept also known as “network neutrality.” In order to strengthen its authority to adopt the rules, the FCC reclassified fixed broadband Internet access services under Title II of the Communications Act of 1934. This article explains which sections of Title II will and will not apply to broadband Internet access services.
This is a sample employee handbook with state specific appendices.
This case law is Federal Trade Commission v. Toysmart.com, LLC.
This article discuses the Federal Trade Commission (FTC) finalized amendments to the Negative Option Rule, now retitled the “Rule Concerning Recurring Subscriptions and Other Negative Option Program.“
The rule represents a significant overhaul of the regulatory framework governing how companies handle subscription services and automatic renewals.
This is a template master marketing services agreement.
This sample stresses to be mindful that YOU AND YOU ALONE are personally responsible for the content that you publish on the Internet.
Depending on the nature of your industry, and especially if litigation is anticipated, it makes sense to have a standardized (yet customizable) plan of action at the ready. This article contains pointers to help this process along.
Career Path columnist Bill Mordan discusses the role of computer judges in the future of law.
The article discusses three risk areas associated with investing in China, including a pervasive undermining of the legal system because of direct personal relationships, or “guanxi.”
Sample Outside Counsel Billing Guidelines Contributed by ACC Legal Operations Members
As the environmental debate enters uncertain territory, companies are beginning to look to the legal department to provide clarity regarding impending legislation, such as the US Clean Water Act. Although it may take years to reach a resolution, it is imperative that in-house counsel understand the potential ramifications on company practices.
Work smarter, not harder. A recent study from the Project for Attorney Retention supports this maxim. Focusing on value and efficiency, as opposed to hours, attorneys are finally achieving the elusive work-life balance they have sought for years. In turn, companies that promote this balance are rewarded with loyal employees and added value.
This is a discussion of key securities law considerations for start-up or early-stage companies preparing to grant compensatory equity awards to employees, directors or other service providers.
What happens when an employee calls the CEO an incompetent jerk in front of others at your non-union company? Is he subject to disciplinary action? Explore the 12 NLRB rules that your employer - and you as their legal leader - should know.
It’s difficult enough when an integral employee decides to leave — clients must be maintained, coverage ensured and investor relations handled. this departure can become even more of a problem when confidential company information is misappropriated. Non-compete agreements are no longer enough to deal with such a situation; learn what to do in order to protect your business’s electronic secrets.
Although many companies today have adopted sexual orientation nondiscrimination policies, in court they have proven surprisingly hard to enforce. This is a lose-lose situation for both the employee and the company. As in-house counsel, you can help everyone do better. Learn how to rewrite your company's policy and, better yet, adopt an anti-discrimination certification mark. These changes will enhance the corporate image and even limit liability in the process.
In a digital age with a free flow of information, it is easy to diminish the value of personal data. The European Commission, however, is set to solidify and unify data protection laws within the European Union under the General Data Protection regulation, and American companies with operations or customers in the European Union will soon find themselves having to comply with a new set of laws that could increase the cost of doing business, as well as significantly impact business operations.
Without the guarantee of privileged communication, it is difficult for in-house counsel to effectively render legal advice to management. It is absolutely essential that counsel consider how a court will analyze privilege in order to ensure that sensitive communications remain confidential. If not, prepare to wave that privilege goodbye.
Companies can use legal analytics to select and manage outside counsel, craft successful case strategy and drive results. Learn how to use data in the context of patent litigation and prosecution activity.
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