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Part I of this article briefly reviews the changes to the United States patent system in the past 35 years. Part II discusses the pendulum swings between perceived overprotection and perceived underprotection and the concerns lawyers have raised in both directions. Part III presents evidence of the resilience of the patent system. Part IV offers some possible explanations for this surprising result.

This resource contains information and recommendations on the socially responsible view of 'green lease clauses'.

This paper examines recent and developing fines and settlements resulting from the seven corporate sins of corruption and bribery, money-laundering, sanctions-breaking, conspiracy, tax evasion, sharp practice, and mistreatment of customers.

Federal Circuit Amicus Brief - Regents v. Affymetrix

This table presumes that employees are covered by the relevant labor law, however in many jurisdictions administrative and managerial and professional employees are not covered and severance (while customary) may not be required. Also, where it may be hard to meet the statutory requirements the default is usually to proceed by mutual agreement. In most locations may not terminate employees on occupational illness leave.

This report comes at a time when many employers are unclear about their obligations under the Americans with Disabilities Act (ADA). In particular, companies struggle to understand when a leave of absence is a necessary and reasonable accommodation vs. when other actions can or should be taken.

This article discusses patent transactions in the life sciences in Switzerland.

For most corporate law departments, 2020 will be remembered as a year where everything was turned on its head. Law department leaders had previously helped guide their departments through recessions, sales shortfalls, and restructurings, but never a global pandemic. However, the after-effects of 2020 will likely contain as many positives as negatives; and, if department leaders are smart, it should act as a catalyst for accelerating the change agenda in 2021 and beyond.

Lawyers hate strategic planning, but the author argues that such plans allow you and your department to learn how, and with whom, to interact for peach performance. Peter Drucker is a demigod in corporate circles. Learn how to apply his management principles to your law department.

News, Notes, & Datebook Information for October 2007

Discusses practical, important steps to creating the legal function within your office as in-house counsel, making your transition into the company as easy as possible.

There is no “one-size-fits-all” approach to implementing a workable information governance framework and policies program in your corporate organization. This checklist is a generic guide that will need front-end thought and tailoring to fit each firm’s unique circumstances.

This article addresses the issue of whether in-house attorneys who serve as a member of the business team and help craft the business plan should sign some form of written restrictive covenant similar to agreements senior business leaders or sales management typically execute.

Have you read Roberta Katz’s new book Justice Matters: Rescuing the Legal System for the Twenty-first Century yet? Here’s a preview based on her well-received address to participants of the 1998 Legal Leadership Summit.

After a long negotiation with an international distributor, you may get the final draft of an agreement, and read the provisions quickly, assuming they are just boilerplate. Don't make this mistake; as standard as some of the provisions may be, in an international context, boilerplate language has the potential to be dangerous to your client.

This program will feature interactive discussion with the audience to include such questions as: Does my license cover use on servers? How does virtualization affect everything? What do you do with source code? Are source code escrows helpful? What about escrows for software as a service (SaaS)? What is the effect of the trend limiting liability of vendors for intellectual property infringement? What is the effect of open-source software incorporated into a commercial product? What effect is the American Law Institute's Principles of the Law of Software Contracts having? What else do I need to worry about?

If approved by the SEC, the Nasdaq proposal will become a new Nasdaq listing Rule 5608 and the NYSE proposal will become new Section 303A.14 in the NYSE Listed Company Manual. Both proposals conform closely to the language in Rule 10D-1 with some enhancements. This Client Alert provided by Latham & Watkins summarizes the nuances in the stock exchange proposals that will apply to companies listed on each exchange.

This article examines the impact of the coronavirus pandemic on the aviation industry and general collapse in demand for passenger air services. It also considers the future of aviation in 2021 and beyond, taking into account the various challenges to consider moving forward.

The program will begin with an overview of the ethical obligations with which a lawyer who decides to outsource legal services to a Legal Process Management (LPM) provider must comply. The panel will address common elements of relevant opinions from state and local bar associations, the American Bar Association and the Ohio Supreme Court, and describe how the outsourcing provider can help facilitate the lawyer’s compliance with these elements. In the second phase of the workshop, two attorneys from Fortune 50 law departments, one who focuses on corporate work and one who is responsible for litigation, will describe: (1) their reasons for exploring LPM; (2) the due diligence they performed when selecting a provider; (3) their initial expectations for the relationship; and (4) how the relationship with their selected provider created additional value for their department and company.

The government is in your lobby requesting privileged documents. Know your options and how to prepare for a situation like this in an era of increasing regulatory and prosecutorial scrutiny.

This case law is about five Native Americans who wanted the Redskins trademarks cancelled, consisting in whole or in part of the term REDSKINS for professional football-related services on the ground that the registrations were obtained contrary to Section 2(a), 15 U.S.C. § 1052(a), which prohibits registration of marks that may disparage persons or bring them into contempt or disrepute.

Brief discussion of "subject to contract" clauses as reviewed in Singapore and English High Court cases.

"Endeavours" clauses, whether described as "all reasonable endeavours", "best endeavours" or "reasonable endeavours", have resisted a fixed definition in case law: their meanings are derived from the context of the relevant contract, rather than from decisions in previous cases. However, recent case law from Singapore and Australia has provided some general guidance on the interpretation of such clauses. This article examines these decisions and provides some practical tips for drafting such clauses.