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Employee invention assignments given an about face

The Federal Circuit Court of Appeals has “reached out” to employee invention assignment agreements, ruling they should be interpreted under federal law, not under the state law that governs other clauses in the same agreement. The decision, DDB Technologies, LLC ...

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Ruling suggests employers can restrict use of company e-mail for union activities

Can an employer restrict its employees from using e-mail for non-job-related solicitations, such as for union activity, if it also permits employees to use e-mail for other non-business purposes? Unionized and non-unionized employers alike have faced this question all too ...

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Zealous advocacy can mean playing nice with the SEC

In more than six years investigating and prosecuting potential securities law violations as an enforcement attorney at the Securities and Exchange Commission, I frequently watched companies and their lawyers make decisions in the spirit of zealous advocacy that the enforcement ...

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Application of the attorney-client privilege

Applying the attorney-client privilege to communications to and from in-house counsel can be a vexing problem in managing litigation. Over the years, I’ve increasingly seen numerous disputes in court, as well as arbitral and regulatory proceedings, where internal communications with ...

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Agency facilitates e-forums for shareholders

The Securities and Exchange Commission on Feb. 25 adopted new rules to facilitate the operation of electronic shareholder forums for publicly held companies. This development is just one of many changes the SEC has undertaken to conform its regulatory philosophy ...

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Top trends in intellectual property law for 2008

Last year was probably the most momentous in intellectual property law in decades. Will the rest of 2008 be as dramatic? Here’s what to look for: Patent reform legislation – finally? Patent reform legislation stalled in Congress again last year. ...

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Effective whistleblower policies a must for health care organizations

An effective non-retaliation/whistleblower policy is essential for all organizations, but it’s especially important for health care providers and for nonprofit organizations in light of industry-specific legal mandates and best practices. An organization’s whistleblower policy does not operate in a vacuum. ...

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New Massachusetts ethics rule requires in-house counsel to report wrongdoing

The Massachusetts Supreme Judicial Court recently amended Rule 1.13 of the Massachusetts Rules of Professional Conduct to correspond to American Bar Association Model Rule 1.13. Among the most notable revisions, Rule 1.13 now requires attorneys to report violations of law ...

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Getting the most from your outside counsel

Getting the most from your outside counsel can make a big difference to your budget, as well as your effectiveness and success as a key member of your company’s legal staff and as an advisor to the business operations. If ...

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