Article by Eric Lambert 

Nondisclosure agreements (NDAs) – also known as confidentiality agreements, confidential disclosure agreements and proprietary information agreements – are something most business leaders and attorneys deal with from time to time. However, few companies have formalized why, when and how NDAs should be used. Different people at the same organization may have very different approaches to using them, resulting in inconsistent protection of a company’s confidential information and potentially jeopardizing company trade secrets.

Continue Reading Everything You Wanted to Know About NDAs but Were Afraid to Disclose: When and why you need nondisclosure agreements and how to execute them

This one has a twist – it’s a type of insurance

Article by David Hechler

There’s been a lot of talk about third-party litigation funding in recent months. The industry seems to be doing well – business is apparently booming. And that success has inspired a new entrant into the marketplace.

But what’s new isn’t the company. It’s the product the firm has introduced. The firm is offering a kind of insurance.

The company is called TheJudge, and it’s based in London. TheJudge has been quietly funding litigation in the U.S. for several years now. But in June, it cleared its throat and announced that it was formally launching its U.S. business. And it wouldn’t mind a drumroll and cymbal crash, thank you.

Continue Reading Civil Justice Playbook: A New Kind of Litigation Funding

Article by: Michael W. Peregrine

The challenges associated with board oversight duties in “crisis situations,” and related expectations regarding director attentiveness, are highlighted in a recent Wall Street Journal article concerning Theranos. It serves as a reminder of the valuable role that general counsel can play in supporting the ability of directors to satisfy these duties and expectations.

Continue Reading Recognizing the Contours of a Warning Sign: General counsel should ensure that their boards know a red flag when they see one

Article by: Charlie Platt / iDiscovery Solutions

I’ve written on this topic before, and despite the danger of sounding like a broken record, I will repeat myself: Cybersecurity is all about risk management. Many of you are likely working with your company’s chief information security officer (CISO) and security teams to help assess and control this cyberrisk. (At least I hope you are.) And one of the first things most security professionals recommend is taking an inventory of your IT assets. In fact, it’s embodied in the first Function of the National Institute of Standards and Technology’s (NIST) Cybersecurity Framework:

“The activities in the Identify Function are foundational for effective use of the Framework. Understanding the business context, the resources that support critical functions, and the related cybersecurity risks enables an organization to focus and prioritize its efforts, consistent with its risk management strategy and business needs. Examples of outcome Categories within this Function include: Asset Management; Business Environment; Governance; Risk Assessment; and Risk Management Strategy.”

Continue Reading Are You Accounting for One of Your Largest Cybersecurity Risks?

Interview with Scott Lefton/AccessData

Scott Lefton is a senior sales engineer at AccessData. Though he is not directly involved in conducting or supervising investigations, he spends a lot of time talking to the people who do, including chief security officers, people in HR and, of course, in-house lawyers. He listens to their “woes,” he said, and suggests software designed to help them. His remarks have been edited for length and style. 

Continue Reading For Internal Investigations, Technology is Playing Catch-up with Technology: Companies focus on hackers and data, and sometimes overlook inside threats

Interview with Mike Koehler / FCPA Professor Blog

 

 When I read The New York Times front-page article in 2012 about Wal-Mart’s alleged bribes in Mexico, I thought it was going to be the U.S. equivalent of Siemens in Germany. Before I ask you about that, can you bring us up to date on Wal-Mart’s FCPA investigation? What has happened over the past five years?

Continue Reading Much Ado About…Little?: How a ‘garden variety’ FCPA investigation of Walmart grabbed the spotlight

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