Bribes, Benefits or Business Development?
Companies doing business in Canada should be aware that the U.S. Foreign Corrupt Practices Act is in certain respects narrower than prohibitions in the Canadian Criminal Code.
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February/March 2011
When European Data Privacy Meets U.S. Discovery
Marketing Success Compromised Brand
Within months of introduction of the first Silly Bandz branded wristbands for children in 2008, competing products with similar names arrived on the market. Consumers adopted the name Silly Bandz to identify the product category, not just the originator.
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Cross-Border M&A Update: Strong Canadian Dollar Means More Outbound Deals
As the U.S. economy continues to work out of the downturn, Canada is seeing interest from U.S. buyers.
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Federalization Increases D&O Exposure
Federal intrusions into corporate governance, traditionally a matter of state law, means federal courts are increasingly asked to adjudicate state law governance claims.
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In-House or Outsource for Information Hosting?
The author discusses a basic decision companies need to make regarding storage and management of electronic information: whether to outsource the process or host the data in-house.
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Facebook Firing Garners an NLRB Complaint
Many companies have enacted social media policies (re Facebook, Twitter, LinkedIn, etc.) that limit what employees can say regarding the company and co-workers.
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Insurance Coverage for Computer-Related Losses
The author describes how various kinds of computer-related losses might or might not be covered by two major categories of insurance: traditional products, such as comprehensive general liability (CGL) polices, and newly available “cypber-liability” policies.
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Dodd-Frank Bounty Provisions Could Be Exploited
Section 922 of the the Dodd-Frank Wall Street Reform Act authorizes the SEC to pay a reward for providing information that leads to successful enforcement actions.
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EEOC Focusing on Class Actions
The Equal Employment Opportunity Commission (EEOC) has announced its renewed commitment to combat systemic discrimination by seeking relief on a class basis and initiating an increased number of large-scale enforcement actions.
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E-Discovery Heading In-House
E-discovery management has been moving in-house for several years. Corporate expenditures on e-discovery are falling, in part because companies that take the process in-house can control costs more closely.
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Major DNA Patent Case Before the Federal Circuit
The Southern District of New York has ruled that DNA isolated from human genes is not patentable. That ruling was appealed to the Federal Circuit, and attracted ten amicus briefs arguing for its reversal.
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An IP Primer for Energy Start-Ups
The author presents a brief history of the patent system and discusses how alternative energy companies might use it.
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