A recent 1st Circuit case reminds us that, although copyright law is broad and protective, it does have limits, including triteness: You can’t copyright the wholly banal. The case, Johnson v. Gordon (Docket No. 04-2475), involved alleged misappropriation of copyrighted ...
Read More »The SEC Wants Your Company To Be 'Cultured' – Creating an Effective Compliance Program
For many corporate counsel, “culture” and “compliance” seem to be mutually exclusive concepts. Culture is squishy and conceptual. Compliance is definitive and measurable. Follow the seven steps in the Federal Sentencing Guidelines, and, voila, you have a compliance program. Why ...
Read More »Supreme Court Case Could Have Major Impact On Software and Business-Method Patents
The U.S. Supreme Court this term will consider a case concerning a patented method for diagnosing vitamin deficiencies, opening the door for the court to break more than 20 years of silence on the scope of innovations for which scientists ...
Read More »Not So Confidential
Obtaining a "confidentiality agreement" with government prosecutors may not protect against the release of privileged documents, according to the authors.
Read More »404 Cost-Saving Proposals for Smaller Companies – Long on Detail, Short on Solutions
“But I don’t want to go among the mad people,” Alice remarked. “Oh, you can’t help that,” said the Cat: “We’re all mad here. I’m mad. You’re mad.” “How do you know I’m mad?” said Alice. “You must be,” said ...
Read More »'Doing Good' May Boost the Bottom Line
“Doing Well By Doing Good” is not the mantra that one is accustomed to hearing in corporate America. However, in the wake of a seemingly unending stream of corporate fraud and scandals, an increasing number of wisely managed national and ...
Read More »The 'Paperless' Paper Trail
Lost in the debate over the increased costs that Sarbanes-Oxley has imposed on U.S. companies are some largely unnoticed changes to state corporate law that can help companies reduce their corporate governance costs. These state law changes embrace, perhaps a ...
Read More »Patent Office 'Overrules' Federal Circuit, Changes Standards for Patent Term Extension
In a remarkable ruling, the U.S. Patent and Trademark Office (PTO) has narrowed the eligibility standards governing patent term extensions (PTEs) on the grounds that the Federal Circuit 1990 precedent, Glaxo v. Quigg, is no longer good law. The PTO ...
Read More »Maximizing the Value of Your Company's First Commercial Product
Launching a company’s first life sciences commercial product can be daunting, especially from a legal, regulatory and compliance perspective. Many key elements are in play related to planning a new product launch, as well as building a cross-functional team and ...
Read More »Employers Need to Confront Violence in the Workplace
Despite many tragic and well-publicized incidents, and the knowledge that no employer is immune from the scourge of workplace violence, most employers have not yet enacted the basic buildings blocks of a workplace violence prevention program. This article summarizes the ...
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