Taking Advantage of Changing Patent Landscapes
October 23, 2011
The America Invents Act (AIA), signed into law by President Obama on Sept. 16, 2011, is widely thought to constitute the most significant set of changes to the American patent system since the 1950s. Here's what it entails.
Taking Responsibility for the e-Discovery Process
September 28, 2011
This article provides a checklist of best practices for both in-house and outside counsel to consider, discuss and monitor throughout the litigation to ensure confidence in the client relationship and the e-discovery process.
Is Your Company Sitting on Buried Treasure?
September 28, 2011
In order to find buried treasure in your company's insurance policies, it is first important to understand how it was lost in the first place. There are many ways in which companies overlook or fail to pursue available insurance resources. Here are some of the more common.
The NLRB Wants to Be Your 'Friend'
September 28, 2011
Many employers have implemented or at least considered implementing Internet/social media policies in an effort to protect their reputations, protect their employees, and prevent the dissemination of confidential or proprietary information on the Internet. These policies seem to make perfect sense, but unfortunately, employers need to re-think them in light of the National Labor Relations Board's recent decision in <i>Hispanics United of Buffalo, Inc.</i>
Quarterly State Compliance Review
September 28, 2011
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, including amendments to Delaware's corporation, LLC and LP laws. It also looks at some recent decisions of interest, including two from the Delaware Supreme Court.
Brophy Revisited
September 28, 2011
In <i>Kahn v. Kohlberg, Kravis, Roberts & Co., L.P.</i>, the Delaware Supreme Court's broad reading of <i>Brophy</i> re-establishes the right of Delaware stockholders to sue corporate fiduciaries to disgorge profits from insider trading — regardless of harm to the corporation, and regardless of the avenues provided by federal securities laws to address insider trading claims.
Responding to a Government Subpoena or RFI
August 31, 2011
Ordinary approaches to civil discovery are ill-fitting in response to a government agency's efforts to obtain information, and in-house counsel must take extra care.
Hope for the Best, Plan for the Worst
August 31, 2011
Why is it that M&A often leads to a loss in shareholder value despite exhaustive due diligence (and ever-growing document reviews) and careful negotiation of the acquisition and ancillary documents? Part of the explanation for the failure of M&A transactions to yield expected benefits is poor or non-existent post-acquisition integration planning.
