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.
The key to networking is not who can get the most business cards, but rather who can develop meaningful relationships that will ultimately contribute to long-term success.
Sample employee intellectual property assignment agreement
There’s training, and then there’s effective training. This course will look at the three main characteristics of effective training: risk based, business based, and accommodating adult learning styles. Experienced faculty will address how to build an effective training plan based on these three components. The course will also look at the practical aspects of balancing e-learning with live training to make the best use of your budget and employee time; creating “mix and match” modules and facilitator guides to get the most use from your efforts; leveraging internal resources to deliver training that is meaningful to the audience; and measuring and acting on training effectiveness.
The scope of due diligence is expanding in response to the focus on data privacy and security. Find out what you need to know about privacy (through the information lifecycle) for due diligence in mergers and acquisitions and the barriers to collecting and reviewing private information in due diligence. Examine due diligence requests (privacy policies, guidelines, data classifications, security controls) and get suggestions on which members of your due diligence team need to be involved in this effort. Examine limits to gathering, processing and reviewing all of the information you would like to see as you make your decision on whether the deal presents (too much) risk.
The European Unified Patent Court (UPC) – which centralizes patent litigation throughout most of the EU – is on track to go live in late 2016 or early 2017. The new UPC is expected to rival and potentially surpass US courts as the preferred venue for major patent disputes, as US companies will be able to obtain an EU-wide injunction via a single litigation, instead of having to litigate in each jurisdiction. This will drastically reduce costs and improve enforcement, but it won’t be easy. The new system and the changes in procedure and process are complex. Companies must assess multiple factors to decide in advance whether to participate or opt-out. This panel comprised of lawyers dually qualified in the US and UK will focus on how the UPC will impact IP filing and enforcement strategies of US companies, and answer questions such as: What strategic planning should US companies be doing now to prepare for the UPC?; What are the best practices to protect US companies’ patent portfolios in Europe?; What are the commercial advantages of opting-in or out of the UPC?; How will early UPC participants shape the new court system?; How do US companies decide whether to opt-in or opt-out?; How do US companies approach product clearance and FTO in Europe, particularly as applied in licensing and acquisitions?; What are the options for mitigating significant competitor patent risk before it is exacerbated by the UPC?
Appendix A to the 2012 Corporate Counsel University, Session 700- Adding Value: Strategic Planning and Demonstrating Success. It contains strategic business planning questions.
This 16 March 2016, held in Brisbane, outlines how in-house counsel can effectively managing risk in commercial contracts.
This is a sample code of business conduct and ethics policy.
Explains how corporate counsel can implement effective legal training programs as required by the U.S. Sentencing Commission Guidelines.
With new developments in social media, obscurity is starting to disappear. And while this may not change the world, it should change the way you think about communication.
Thanks to the Sarbanes-Oxley Act, public companies face potential civil and criminal liability and new internal reporting obligations. Read this article to prepare your company to respond if a whistleblowing complaint comes in.
The world has migrated more and more daily activities online, from learning to working to shopping, but with that migration comes exacerbated privacy issues. This panel of industry experts will discuss a number of data privacy and cybersecurity topics like managing your practices through contract provisions, challenges faced by companies due to increasing numbers of cyberattacks, and the need to keep pace with the consistently evolving global privacy landscape. You will learn best practices for negotiating and drafting privacy and cybersecurity provisions across jurisdictions, especially in the European Union, United States, and China.
This on-demand program is not eligible for CLE/CPD credit.
Social media can be a challenging environment for in-house counsel. In this article, in-house counsel can learn how information on social media platforms can be used ethically in their practice.
This article addresses how globally, the hedge fund industry is impacted by countless reforms; including European short selling bans, global derivatives reform and shadow-banking.
In an effort to bridge the gap between traditional law firm structures and the needs of the newest generation of attorneys, MCCA recently conducted a survey of young attorneys. Here, the results of the survey, including thoughts and insights about the practice of law as seen by this generation of lawyers.
Labor and employment laws in the United Kingdom are notoriously employee-friendly. Learn how to navigate the minefield of disciplining, and ultimately dismissing, UK employees.
This is a sample software database license agreement.
Hot topics covered include Dodd-Frank whistleblower regulation, Foreign Corrupt Practices Act, and data privacy issues and regulations both domestic and global.
This resource is a detailed statement of corporate policies for social media usage.
Employers monitor off-site employees for numerous reasons—not simply to ensure productivity, but to protect trade secrets, avoid data breaches, track an employee’s physical location, and generally discourage or identify misconduct. Most recently, monitoring has been used for COVID-19-related contact tracing purposes. However, privacy-related legal pitfalls abound.
If the weather outside mimicked the economic outlook for corporate America, it would be overcast with periods of heavy rain. With a tough financial forecast, even tougher leadership decisions have to be made, and a layoff or reduction-in-force (RIF) may be the most feasible solution to save your bottom line. While there's no easy way to execute a RIF, this article gives insightful information to help make a layoff less painstaking and more profitable to your company.
The beginning of a shift toward a more regulatory and less litigation-oriented regime of antitrust enforcement was observable by the mid-1990s, if not earlier. The transition
toward this more bureaucratic approach by antitrust enforcement agencies is the subject of our analysis.
In the midst of all of the corporate scandals that have erupted since the Enron bankruptcy filing last year and in light of the new requirements established by the Sarbanes-Oxley Act, what do in-house counsel of public companies need to do both to protect their clients (the corporation, its officers, employees, and shareholders) and themselves? Read this article to get a better grasp of the scope of the problem and use the five-point compliance plan to help plan a solution.
In this session, we will cover important recent U.S. Securities Exchange Commission (SEC) developments, rulemaking and enforcement trends. We will update our Dodd-Frank scorecards and review the most significant recently adopted and proposed rules. The session will also cover important lessons from the 2013 proxy season, with a particular focus on stockholder activism, and updates in the auditing and accounting arena — calling out hot spots in SEC accounting reviews. This will be a fast-moving session that assumes participants have a working knowledge of the 1933 Act and the 1934 Act.
Versata Software Inc. prepared the ground for what may be regarded a set of landmark cases concerning the interpretation and consequences of the breach of certain GPL v. 2 conditions, when it sued Ameriprise Financial Services for allegedly violating a Master License Agreement (MLA) over the use of Versata´s Distribution Channel Management software (DCM).
While this paper highlights the shortfalls of Australia’s privacy law regime in light of the IoT, lawmakers should not impulsively and unnecessarily restrict these technologies.
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