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Editor's Corner: IP Management in New Companies
In the course of performing due diligence investigations on new technology companies (usually within the context of a potential venture capital investment), an attorney may uncover a number of common mistakes related to such companies' management of their intellectual property. When these mistakes are serious enough, discovery of them can jeopardize the investment, lower the company's or the asset's valuation, or allow the venture capitalist to extract other concessions. Given the current scarcity of venture funding, new companies cannot afford to take risks with the most significant asset they might possess ' especially where such risk is purely as a result of mismanagement. Accordingly, these mistakes are important from the perspective of both the technology companies and their potential venture capitalists ' as well as their respective counsel. The article below captures 10 of the most common intellectual property management mistakes made by new companies.
In the course of performing due diligence investigations on new technology companies (usually within the context of a potential venture capital investment), an attorney may uncover a number of common mistakes related to such companies' management of their intellectual property. When these mistakes are serious enough, discovery of them can jeopardize the investment, lower the company's or the asset's valuation, or allow the venture capitalist to extract other concessions. Given the current scarcity of venture funding, new companies cannot afford to take risks with the most significant asset they might possess ' especially where such risk is purely as a result of mismanagement. Accordingly, these mistakes are important from the perspective of both the technology companies and their potential venture capitalists ' as well as their respective counsel. The article below captures 10 of the most common intellectual property management mistakes made by new companies.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.