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InsideCounsel Magazine September 2015


  • IP lockdown

    The era of Big Data is, for better or for worse, upon us. And in this Brave New World that has such data in it, companies inevitably have massive amounts of information that must be kept both private and secure. Trade secrets such as customer lists, manufacturing processes and even...

  • Prepping for battle

    So far, this IP-themed issue of InsideCounsel has taken us through the steps of monetizing and protecting IP assets. But the fact of the matter is, in this day and age, the biggest trends that in-house counsel are tracking are those involving IP litigation. Whether your company is an accused...

  • Alphabet soup

    The Leahy–Smith America Invents Act (AIA) was seen as the most important new patent law in a half century when it was approved in 2011. The law basically moved the U.S. patent system from a “first to invent” to a “first inventor to file” system. It also allowed for inter...

  • Combatting corruption

    The Foreign Corrupt Practices Act (FCPA) continues to be a priority for the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ).

From The Editor

  • Intellectual value

    Welcome back, everyone. Judging by the non-tourist pedestrian traffic around our editorial offices, and the extra seats on the subway, a lot of people have been away. I managed to duck out of the city, the country even. And what did I do on my summer vacation? On one day,...


  • SEC to audit committees: How skeptical are the skeptics?

    In July, 2015, the Securities and Exchange Commission (SEC) published for public comment a Concept Release (Release No. 33-9862) exploring the nature of communications between board audit committees and the company's external auditors, as well as the quality of the public disclosure describing the effectiveness of those communications. The release...

  • The budgeting piece of the business of law

    When it comes to setting budgets for legal projects, there are still many firms providing excuses for why they cannot put together a solid budget. Some firms have worked diligently on building the necessary resources to help partners and clients become more effective at creating predictable budgets. Scrutiny of legal...

  • Corporate compliance officers: The new whistleblower

    Individuals who perform internal audit, compliance and legal functions for companies are on the front lines in the battle against fraud and corruption. They often are privy to the very kinds of specific, timely and credible information that can prevent an imminent fraud or stop an ongoing one.”


  • On law department responsibility (Part 2)

    Our last column called for structured dialogue between law departments and law firms. We recommended an ongoing conversation about identifiable improvements in how legal services are delivered. With people and pricing in place, process will drive continuous improvement. Collaboration can deepen relationships between law departments and law firms. Better legal...


  • Labor & Employment Digest: September 2015

    While some of these issues may just now be coming into focus, our hope is to get you and your team thinking about the challenges you may face down the line. Whether these matters come to a head in six months or six years, it's never too early to evaluate...


  • Europe's new patent system

    Europe is moving towards an entirely new patent system that could come into effect as early as 2016. Under the new system, one Unitary Patent will be in effect across all of the participating 26 European Union member states, including at least Germany, the United Kingdom, France and 10 others....


  • Trade secrets and reasonable steps: Are you covered?

    Do your employees know what information or technology your company considers confidential? If not, take note: a court case involving MBL (USA) Corporation found that the company failed to inform employees “what, if anything, the plaintiff considered confidential.” As a result, the court dismissed the case against a former employee...

Tour of Duty

  • Cybersecurity and intellectual property: How protected are you?

    The biggest threats to your company's intellectual property may reside inside your own organization. Employees are frequently the primary threat to data security, whether it's a departing employee stealing trade secrets, a well-intentioned employee placing valuable intellectual property on an unsecured computer or device, or a hapless employee accidentally installing...

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