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?
This Quick Overview is intended to demystify "non-fungible tokens" (NFTs) at a broad level, introduce the concept and functionality to non-tech counsel, and provide a practical approach to addressing intellectual-property issues and other legal concerns that may arise in connection with NFTs.
A presentation on leadership skills for new general counsel and managing attorneys.
Unclaimed property examinations and new types of regulatory inquiries will pose major challenges for US companies in 2024.
This article discusses litigation, enforcement, and regulatory trends related to unclaimed property.
The question of where a company challenging a patent should litigate — in district court or the US patent and trademark Office (PTO) — just got a little trickier. Through the America Invents Act, the USPTO offers two new procedures. Learn what to anticipate from these hearings and how they compare to district court litigation.
The amendments to the pretrial discovery rules of the Federal Rules of Civil Procedure, enacted after almost five years of work, are supposed to clarify how to handle electronically stored information. Even the drafters acknowledged that the old discovery rules were not clear. However, the new rules are likely to stimulate a new breed of complex discovery dispute.
This brief resource (Quick Counsel) discusses how legal research technology is transforming the practice of law for in-house counsel and how technological advancements are saving law departments money.
This is a sample response letter in reply to a claim that a photo on a company's website infringes a copyright, such as a claim from a copyright troll.
In this quick overview for in-house counsel, learn about the basics of blockchain and what key legal and practical aspects in-house counsel should consider: What blockchain is, why it is important, what industries will be impacted, which companies are leaders, what role the legal department can play, and what questions in-house counsel can ask to mitigate risks and help guide business decisions regarding blockchain with a global perspective.
The Economic Crime (Transparency and Enforcement) Act 2022 (“ECTEA”) was expedited into law as a result of the Russia/Ukraine conflict to “crack down” on overseas entities that are using United Kingdom property to launder money. This article explores the sanctions for non-compliance with ECTEA namely, non-compliance with the requirements for the new Register of Overseas Entities (the “Register”).
As legal departments continue to deal with increased expenses, insufficient resources and technological advancements, the role of key decision-maker has begun to shift from general counsel to senior administrator. Read how several administrators are working to transform the office of the general counsel.
Check out the resources on the website of the US Equal Employment Opportunity Commission regarding background checks on potential employees.
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.
On June 29, 2007, the National People's Congress of China passed the new Labor Contract law, which will become effective on January 1, 2008. The provisions of the new law will potentially have wide-reaching ramifications for companies conducting business in China. This article highlights some of the key changes and implications.
This is a sample employment agreement between the company and its President and Chief Executive Officer related to the state of New York.
On 27 July 2022, the Financial Conduct Authority (FCA) published a Policy Statement (PS22/9) and Finalised Guidance (FG22/5) setting out final rules and guidance on the new Consumer Duty (the Duty). The Duty sets higher expectations of the standard of care that firms give consumers.
Tips for new in-house attorneys with an Arnold Schwarzenegger twist. Let the multiple talents of Governor Schwarzenegger's filmography give multitalented in-house counsel a few lessons on professionalism.
This article discusses California's new compliance regime for entities that qualify as "charitable fundraising platforms."
It offers a high-level overview of who qualifies as a charitable fundraising platform, what obligations platforms must meet, and when various compliance obligations take effect.
Overworked? Busy putting out fire after fire? Perhaps too much of your time is being sucked into the vacuum of litigation. Learn how to take advantage of the window of opportunity that opens early in the litigation process, before a suit is even file, to apply a new negotiation model that allows your company o deal compassionately, and fairly, with litigants.
In the not-so-distant past, a plaintiff could sue a multinational company in any jurisdiction where it conducted significant business. However, recently, the US Supreme Court has sought to narrow the scope of permissible jurisdictions in an attempt to curtail the onslaught of litigation. In preparation for this new view, law departments both big and small can benefit from understanding how future disputes may be impacted.
Learn and advance your career with practical checklists that feature insight from in-house lawyers and other experienced contributors. Topics: Essential Skills for New General Counsel; Career Advancement Skills; Well-being for In-house Lawyers; and Cybersecurity for In-house Lawyers.
How can businesses ensure they are in compliance with the new and expansive California Consumer Privacy Act (CCPA)? Find out more about how to get your business compliant with CCPA.
This article covers the scope, implications, and enforcement of the new PRC competition law that applies equally to PRC and non-PRC entities alike.
In April 2007, the IRS issued the final regulatory guidance on Section 409A. However, the 397 page document only brought up more questions than it answered. This article provides a guide to tax code Section 409A and highlights the new deferred compensation rules for in-house counsel.
Following the collapse of Enron and other high-profile employee-owned companies, you need to revisit the issues surrounding employee buyouts before your company implements such a plan. This article will outline new regulatory proposals and help you avoid potential pitfalls.
Today’s government contractors, especially those just realizing that they are government contractors, face a compliance and ethics requirements environment significantly different from that of strictly commercial companies. To address the unique compliance and ethics needs of government contractors, panelists will provide an update on recent suspension and debarment matters, awards from the False Claims Act and the lessons government contractors can learn from those decisions. This session will review the Federal Acquisition Regulations on codes of conduct and compliance programs for government contractors. Panelists will also identify strategic ways to demonstrate due diligence in managing risk to government customers, regulators and the U.S. Department of Justice.
An employee stock purchase plan policy that includes New Zealand Securities Laws.
The transition from outside counsel to in-house attorney might seem daunting at first. A firm lawyer has limited knowledge of each client and most likely concentrates in one area of the law. In-house counsel must understand the industry, business and culture of his employer and make himself indispensable. This article offers tips on how a newly minted in-house attorney can succeed.
The information revolution is responsible for quantum leaps in productivity and economic prosperity, but a downside has been the rise in a whole new class of crimes. With 8 primary elements, the comprehensive privacy protection and information security program described in this article is centered on people, processes, and technical management that is standards-based whenever possible.
Show results exclusively from the ACC Resource Library with customizable filters