Under the US Patent and Trademark Office’s (USPTO) new guidance on discretionary denial of institution of inter partes and post-grant (IPR and PGR, respectively) proceedings, a pending International Trade Commission (ITC) investigation is no longer a basis for the Patent Trial and Appeals Board (PTAB) to exercise its discretion to deny institution. This is a material change from past PTAB practice, which had previously denied institution of such post-grant proceedings due to an ongoing parallel ITC proceeding. This article discusses three considerations for ITC litigants given the USPTO’s new guidance.

As part of the UAE’s 50th anniversary celebrations, the government revealed the largest legal reforms in the country’s history, most of which went into effect January 2, 2022. This briefing is an overview of three key areas for directors of UAE companies to be aware of across the legislative suite.

904 - End It Before It Begins: Litigation Prevention in Today’s Business Environment

In recent years, organized labor has employed aggressive campaign strategies and innovative techniques designed to catch unwary employers off guard. The National Labor Relations Board also has launched new initiatives that impact all employers. The information provided in this InfoPAKSM can assist in-house counsel seeking to improve a company’s ability to avoid or survive a corporate campaign, make necessary changes to comply with the National Labor Relations Act, and enhance an organization’s overall human resource posture.

This article discusses the UK Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) publishing proposed new regulatory requirements for improving diversity and inclusion in Financial Services.

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 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.

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.

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”).

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.

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.