From the Experts

  • Corporate Counsel | Commentary

    Contingent Fee Litigation–A Low Risk Way to Enforce and Monetize Your Patents

    By Lawrence K. Kolodney | October 23, 2017

    In-house counsel who seek to enforce patents rights—but are concerned about large upfront out-of-pocket attorney fees—should consider exploring contingent fee arrangements, which have become increasingly popular in patent litigation.

  • Corporate Counsel

    Keeping Trade Secrets Out of Patents

    By Christopher Jordan and Daniel Ovanezian | October 20, 2017

    Trade secret and patent laws both provide intellectual property protection but have conflicting requirements that can impose challenges for a company seeking to maximize its protection under each right.

  • Corporate Counsel | Expert Opinion|Commentary

    Locking It Down and Keeping Watch: A 2017 Corporate and Law Firm Protection Guide

    By Dan Panitz, Bruce (HB) Gordon and R Jason Straight | October 18, 2017

    Anyone aware of current business news cannot avoid the flood of high visibility hacking and IP intrusion/theft. The issues have grown so ubiquitous that it isn't shocking to hear U.S. companies and government agencies suffered a record 1,093 data breaches in 2016 alone, a 40-percent increase from 2015.

  • Corporate Counsel

    The IP Cons of Fan Conventions

    By Leonard E. Marquez | October 16, 2017

    There are Cons for comics, movie and television franchises, toys and much more. However, there is a less seemly side of Cons—IP infringement.

  • Corporate Counsel

    Partnering With Procurement Can Bring New Ideas and Added Value to the Legal Team

    By Nancy Jessen | October 16, 2017

    Two trends have emerged to motivate both legal and procurement to establish an effective partnership.

  • Corporate Counsel

    Conducting Effective Internal Investigations: A Checklist for In-House Counsel

    By Terence Healy | September 21, 2017

    Every general counsel over the course of his or her career will face the need to conduct an internal investigation into events at the company. Many of these may be routine in nature, such as matters dealing with individual employees or human resources issues.

  • Corporate Counsel

    Court: No Waymo to Uber's Assertion of Privilege on Pre-Litigation Investigation

    By Eric M. Fishman and Ross M. Bagley | September 19, 2017

    You are defending a recently acquired company in a litigation. As part of pre-acquisition diligence, and prior to the litigation commencing, executives from your client and the company that acquired it shared analysis of facts relevant to the litigation. Now that the acquisition is complete, to what extent can these communications be protected by the attorney-client privilege, the work product doctrine or the common-interest exception to waiver?

  • Corporate Counsel

    5 Things to Ask Before Hiring a Robo-Lawyer: Part 4

    By Robert Kramer | September 18, 2017

    Whether good or bad, the law is used by some to obtain or retain advantages over others, like education, money and politics. Over short and medium time frames, access to AI—and access to better AI—will likely skew toward those who can afford to supplement quality human legal advice for their separate advantage.

  • Corporate Counsel

    5 Things to Ask Before Hiring a Robo-Lawyer: Part 3

    By Robert Kramer | September 14, 2017

    There is a significant difference between providing an accurate or even a thorough legal answer, and providing a legal opinion that is strategic, that is likely to be trusted and followed by the client, that does not create additional liability for the client and that zealously protects the client's legal rights.

  • Corporate Counsel

    5 Things to Ask Before Hiring a Robo-Lawyer: Part 2

    By Robert Kramer | September 12, 2017

    To drive somewhere, all you have to tell an automated car is your destination, the rest is technology, albeit complex amazing and sometimes patentable technology. Given any two physical coordinates, the same technical solution should be applicable to any human passenger. However, when legal issues are involved, a human client may not be able to articulate a preferred outcome and also usually needs advice on what results are even possible. A lawyer thus needs a lot more information, and an AI needs a lot more complex, amazing and sometimes patentable technology.

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