Human Resources
Responding to a More Active EEOC
With increased funding, newly enacted legislation and new initiatives, the Equal Employment Opportunity Commission is more active than ever.
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June/July 2010
M&A in a Downturn
Governance
Regulatory Developments at the SEC
The SEC has issued new policies for handling securities investigations
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Intellectual Property
Use of Non-Traditional Marks Expanding
The definition of a trademark is no longer limited to words or symbols. Courts and the U.S. Trademark Office have recognized a more liberal construction of trademarks, and increasingly protection is being sought for new forms of trademarks.
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E-Discovery
Information Tech and Legal Need to Function as a Team
Now that virtually all corporate information is electronically stored information (ESI) and subject to new discovery rules, and a sophisticated judiciary has become less tolerant of ESI “discovery indiscretions,” the roles of both IT and in-house legal has changed too.
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Use Caution When Marking Products With Method Patent Numbers
Marking products with a patent number constitutes constructive notice of a patent. For products without such marking, infringement damages are limited to the period after actual notice has been received by the infringer.
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Climate Change Regulation is Up in the Air
In the Fall of 2009, EPA issued a final rule that requires reporting of annual emissions of greenhouse gases.
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The Impact of Changing Accounting Rules on Existing Contracts
Generally Accepted Accounting Principles (“GAAP”) are frequently revised and the revisions may affect several aspects of a company’s financial statements. It is essential that this fact be taken into account when entering into contracts containing provisions that are tied to numbers derived from financial statements.
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Legal Process Outsourcing Can Save Time and Money
Legal process outsourcing is a growing trend with risks and benefits. It is best used for services that would be performed by paralegals, administrative support or junior level lawyers.
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Educating Executives On the Role of In-House Counsel
Most companies don’t provide advance training about the role of in-house counsel in relation to senior management.
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Patent Reform Might Quench the Spark of Genius
The author references a widespread perception that the U.S. Patent and Trademark Office grants too many “bad” patents, and takes too long doing it.
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Alternative Fee Arrangements in Litigation
The economic downturn has accelerated the development of alternative arrangements for legal fees. Clients want to contain costs and make them predictable.
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Downturn Helps Legal Outsourcers Gain Market Share
The author, the director of a legal outsourcing service, writes that a disconnect has developed between corporate law departments seeking to cut costs and big law firms trying to implement higher billing rates.
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