Intellectual Property

How SEP Holders Can Mitigate The Effects Of Holdout

Faced with systemic holdout, which causes marketplace distortions and disincentivizes innovation, standard-essential patent holders can adjust their fair, reasonable and nondiscriminatory license terms and conditions to mitigate the negative effects by using payment schedules, say economists at Competition Dynamics.

Law Firms, Know Who's Responsible For Your Cloud Security

Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

Benefits For Law Firms Venturing Into New Services

By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

Why Bypass Continuation Is Best For Nat'l Phase Patent Entry

In view of statistics revealing multiple advantages to bypass continuation filings for U.S. national phase examination of Patent Cooperation Treaty applications — including higher issuance rates, lower restriction rates and delayed fee payment — applicants should consider altering their filing strategies, says Karam Saab at Kilpatrick Townsend.

Series

Embracing ESG: Exelon GC Talks Diversity Initiatives

Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

A Legal Primer On Social Tokens

Social tokens, a new class of blockchain-based assets that celebrities and brands can use to connect with fans and consumers, hold great promise — but their value may be volatile, and issuers must understand the advertising, contractual and intellectual property issues that come with them, says Hannah Taylor at Frankfurt Kurnit.

Revamping Law Firm Marketing Lists — With Partner Buy-In

Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

Ensuring Patent Subject Matter Eligibility For Blockchain Tech

In order to survive subject matter eligibility challenges of patent filings for blockchain-related emerging technologies, practitioners should highlight technical features implementing novel applications and avoid drafting applications that could be interpreted as routine and conventional business practices performed via blockchain, says Drew Schulte at Perkins Coie.

NFTs May Come With Rewards, But Also Legal Risks

While some buyers of nonfungible tokens are experiencing enormous returns on their investments, those just entering the market should proceed with caution, and be sure to understand the risks related to contracts, taxation, intellectual property and money laundering regulations, says Anne-Laure Alléhaut at Patterson Belknap.

Gov't Contractor Input Vital After Biden Cybersecurity Order

The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.

The Murky World Of Legal Rankings Gets Some Clarity In NJ

New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

Series

Embracing ESG: Cigna Counsel Talks Employee Wellness

Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

Opinion

FTC Should Take Nuanced Approach On Noncompete Regs

In response to President Joe Biden’s recent executive order encouraging the Federal Trade Commission to regulate employer noncompete agreements, the agency should approach potential rulemaking with restraint by focusing on fair and transparent use of such agreements, says Russell Beck at Beck Reed.

Hybrid Work Models Are Key To Gender Parity In Law Firms

To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

A Practical Metric For Annual Patent Filing Targets: Part 3

Using the theoretical target for nonprovisional applications calculated in Part 1 of this three-part article, U.S. companies can factor in expected costs for preparing and filing foreign patent applications to outline a portfolio management budget, say Michael Sartori and Matthew Welch at Baker Botts.