The scenario is all too familiar. After two years of toiling in the laboratory vineyards, an emerging-growth technology company is preparing to consummate a venture capital financing, but the investors demand that managers and critical employees sign non-competition and non-solicitation ...
Read More »New tactic for licensing negotiations: Sue first, talk later
The U.S. Supreme Court’s January 2007 decision in Medimmune clarifying the power of federal courts to hear patent licensing disputes has already had an immediate and dramatic impact. In two decisions issued at the end of March, Sandisk v. ST ...
Read More »Stock options fallout: Where do we go from here?
More than 200 public companies are now embroiled in Securities and Exchange Commission and company-initiated investigations, as well as private litigation. Aside from the accounting impact, what impact will Sarbanes-Oxley and litigation have on past option violations and future option ...
Read More »Inventive incentives: Moving beyond wages and bonuses
Retaining high-performing employees may require creative compensation packages.
Read More »Nothing beats game of golf as a live spectator sport
If you love golf but have never attended a professional tournament, you’re really missing out. There is nothing quite like watching the greatest players in the world in person as they amaze you with their brilliance — and also prove ...
Read More »USPTO procedural changes will likely increase costs of patent process
The U. S. Patent and Trademark Office recently announced sweeping procedural changes that, if enacted, will significantly change the practice of patent law and require an increase in resources in-house counsel allocates to such matters. The new package of rules ...
Read More »Who owns customer goodwill, after all?
In the context of enforcing non-competition agreements and other restrictive employment covenants, Massachusetts courts have struggled with the question: “whose goodwill is it, anyway?” The results have not always proven consistent.
Read More »Conducting an internal investigation: A primer
Well, it has finally happened. A senior manager in your company just dropped by your office to explain to you a “troubling” situation that came to her attention recently. After providing some sketchy details about a “significant” contract and a ...
Read More »In-house counsel must ensure compliance with the litigation hold
Over the last decade, the explosion of electronic communication and the corresponding developments in the law have significantly increased the burdens on counsel to ensure their client is meeting the new expectations of discovery. In 2003, in Zubulake v. UBS ...
Read More »It could be the lease of your worries
Companies need to get the right kind of insurance to avoid liability related to hiring temporary "leased" employees.
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