Article by Beth S. Rose / Sills Cummis & Gross PC

 

Who would have thought that the question of where venue lies in a patent infringement action could generate so much buzz among lawyers? But it has. The U.S. Supreme Court’s May decision in TC Heartland v. Kraft Foods Group Brands held that, under the patent venue statute, a domestic corporation resides only in its state of incorporation.

This was a big deal. The implications for forum shopping could be huge. But don’t count plaintiffs out yet. They still have options. And some of them may create new problems for defendants.

But first, let’s review how we got here.

Continue Reading Four Likely Implications from TC Heartland: The Supreme Court’s decision on venue in patent litigation could shake things up

Article by John Filar Atwood / Wolters Kluwer Legal & Regulatory U.S.

 

U.S. Department of Justice officials have gone out of their way recently to emphasize that enforcement of the Foreign Corrupt Practices Act is alive and well under the new administration. Perhaps in response to concerns that President Donald Trump is reportedly no fan of the FCPA, both Acting Assistant Attorney General Kenneth Blanco and Acting Principal Deputy Assistant Attorney General Trevor McFadden said in recent public remarks that the DOJ continues to vigorously investigate and enforce FCPA violations. Worth noting in McFadden’s comments is that the prosecution of individuals remains a DOJ priority. Continue Reading No Free Pass Under Trump: Individuals who think they can do what they want without having to worry about FCPA enforcement should think again

Article by  Rebecca Love Kourlis & Brittany Kauffman / The Institute for the Advancement of the American Legal System (IAALS)

 

Americans deserve a legal system that can resolve disputes fairly, promptly and cost-effectively. But the truth is that runaway costs, delays and complexity are denying people justice and undermining public confidence in our legal system. Recognizing that this must change, in July 2016 the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) adopted a resolution endorsing 13 recommendations designed to secure the fair, speedy and inexpensive resolution of civil cases in state courts. Continue Reading Civil Justice Reformers Aim to Modernize State Courts: Leaders call for states to implement 13 recommendations

Interview with Teresa Lavoie / Fish & Richardson

Teresa Lavoie, a principal at Fish & Richardson, didn’t start out planning to practice law. Her background is in science, and her first quasi-legal position was working as a patent liaison at a biotech startup before she decided to attend law school. But that was obviously a good career move. She’s been working with startups ever since, and Lavoie has become one of the most sought-after life sciences patent attorneys in the world. The interview has been edited for style and length.

Continue Reading How a Patent Prosecutor/Strategic Adviser Racks Up Wins: Building strong patent portfolios builds value in growing companies

Article by Alan R. Boynton, Jr. / McNees Wallace & Nurick LLC

The reality for almost every business is that not all of its employees are going to be happy in their jobs and that, at any given time, one or more is going to be seeking greener pastures. Many times those pastures are owned by competitors, and any business owner or CEO who fails to anticipate and plan for employee defections may also be inviting the loss of substantial business.

Continue Reading Making a Federal Case Out of It: Now when trade secrets go walking out the door, employers have a new vehicle to try to get them back

By David Yurkerwich / Navigant

 

The Chinese intellectual property sector has been changing and growing for years, but few people would tell you so. The country has long been labeled as an IP rights violator and generally carries a bad reputation in its handling of copyrights. But Chinese companies are becoming more aggressive in building patent portfolios.

Continue Reading New Risks – and 3 Tips – for Patent Holders in China: Chinese companies have aggressively grown their portfolios

Interview with Jordan Thomas / Labaton Sucharow LLP

For six years Jordan Thomas has led the whistleblower representation practice at Labaton Sucharow LLP, which specializes in SEC cases. Thomas, a former assistant director in the SEC’s Enforcement Division, has worked as the practice’s sole partner, “borrowing” associates from the firm to help. But in May, as talk of the new administration’s desire to dismantle Dodd-Frank continued to swirl, Thomas made a startling announcement. He had just hired three partners to boost the practice to another level. The new hires were Steven Durham, former chief of the Fraud and Public Corruption Section of the U.S. Attorney’s Office in Washington, D.C.; Timothy Warren, former associate director in the SEC’s Enforcement Division; and Robert Wilson, former deputy assistant director in the Enforcement Division. We couldn’t help but wonder: Why three, and why now? The interview has been edited for style and length.

Continue Reading Civil Justice Playbook: Doubling Down on Whistleblowers – Labaton discounts the supposed demise of Dodd-Frank

Article by Sasko Markovski & Amy C. Cococcia / Fragomen

 

Australia has been next in line across a number of jurisdictions around the globe to announce significant changes to employer-based immigration programs. This article provides an overview of some of the key changes announced as well as guidance on what actions businesses should be taking where impacted. Continue Reading What You Need to Know About Australia’s Visa Changes: The new rules are all about protecting jobs

Kevin Caulfield, a product line director at Wolters Kluwer ELM Solutions, understands that general counsel don’t want their departments to be viewed solely as cost centers. Many of them strive to show how they can be good business partners with other parts of their organization by focusing on initiatives that will help reduce costs and generate revenue. To Caulfield, one of the ways this can be achieved is through enterprise legal management technology. Although many long-established corporate legal departments have already made good use of this technology, he says, there are many growing companies that still may not realize the benefits of an enterprise legal management solution. His remarks have been edited for length and style.

Continue Reading Is It Time to Automate? Eager to avoid being seen as cost centers, law departments are increasingly leveraging technology

 

Interview with Janet Langford Carrig / ConocoPhillips & Kimberly Simpson / National Association of Corporate Directors (NACD)

 

 From October 1 to 4 at the National Harbor in Maryland, the National Association of Corporate Directors (NACD) will hold its Global Board Leaders’ Summit. The event brings together some 1,500 board members and corporate executives, including general counsel, to discuss the hottest governance issues facing boardrooms today. Janet Langford Carrig, GC of ConocoPhillips, and NACD regional director Kimberly Simpson discuss why the event presents a unique learning and networking opportunity for general counsel and corporate directors alike. Their remarks have been edited for length and style. Continue Reading GCs and Directors: Strategic Corporate Assets on Parallel Paths: A conference brings them together and points out common goals