The last thing you want is for your great ideas and innovations to go up in flames. And while intellectual property can be a company’s most valuable asset, given the crowded and highly competitive startup landscape, it can also be its most vulnerable. But your ideas are yours, and you’re acutely focused on guarding your company’s proprietary interests in them. Which means you’ll need to tackle a host of complex legal, technical, and practical issues associated with intellectual property protections and best practices.

We can help.

  • Clarity or Confusion: New DOJ Guidance for Evaluating Corporate Compliance Programs
    DOJ’s stated goal in its recent update was to “better harmonize the guidance with other Department guidance and standards while providing additional context to the multifactor analysis of a company’s compliance program.”
  • Tech Giants Already Facing Complaints Under GDPR
    Max Schrems, a European privacy activist - best known for bringing down “Safe Harbour” – has filed complaints against four of the biggest US tech giants under the new EU General Data Protection Regulation (GDPR). According to Max Schrem’s non-profit organisation, None of Your Business, the complaints were filed on Friday 25 May, coincidentally (some might argue too coincidentally), the very first day of GDPR’s entry into force; and are said to be worth a combined total of over EUR 7 billion, in maximum imposable penalties.
  • California to Europe: We Want To Be More Like You
    On June 28, 2018, the California state legislature voted to approve Assembly Bill 375, the California Consumer Privacy Act of 2018 (the “Privacy Act”). The Privacy Act, which mandates several similar requirements to the General Data Protection Regulation (“GDPR”) that took effect in late May in the European Union, will have a substantial impact on the way companies store, share, disclose, process, and engage with consumer data in the United States. The Privacy Act will take effect on January 1, 2020.
  • The New Federal Trade Secrets Law: Top Takeaways for Employers
    Employers should have a program in place for exit interviews that addresses employee access to confidential information, ensures the return of all confidential and proprietary information, inventories devices, preserves forensic evidence, and reminds employees of their legal obligations, among other things. While these steps are not new, the availability of seizure orders is a reminder that taking swift action to recover one’s trade secrets requires focused attention and substantial proof. In the employment scenario, the exit interview is a critical time to lay the groundwork for such an action.
  • U.S.S.C. Upholds Inter Partes Review’s Constitutionality but Constrains the Patent Office’s Authority
    Yesterday, the U.S. Supreme Court handed down its decisions in two closely watched patent cases: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 584 U.S. ____ (2018) and SAS Institute Inc. v. Iancu, 584 U.S. ____ (2018). Each decision had the potential to profoundly change practice before the Patent Trial and Appeal Board (“the PTAB”) and the congressional scheme of post-grant review enacted by the America Invents Act (“the AIA”). While most of the attention centered on Oil States and the possible invalidation as unconstitutional of inter partes reviews (“IPRs”), SAS Institute may have a more profound impact on the IPR regime and PTAB practice.
  • IP: Virtual Walls to Protect Virtual Values
    Intellectual property (IP) has increasingly become companies’ most important asset as tech innovation and the diffusion of the digital economy become embedded in operational and productive processes. These IP assets are dynamic, reflecting not only the pace of technological evolution but often also the acquisition of third-party IP assets as companies invest, expand and grow.