It’s kind of apropos how easily you can adapt this introduction to a 1940s War Department venereal disease training film into a lesson addressing the 21st Century problems of cyberattacks and malware. After all, certain computer attacks are called “virus” for a reason, businesses often find themselves in a virtual “war” with hackers and nation states on digital shores all around the world, and, perhaps most telling, the sordid details of both are things we really don’t like to discuss in “open and polite society.” (I’ll stop there so as not to offend, but the list can go on.) So it comes as no surprise that it is the Department of Defense pulling back the curtain to openly address cyber-hygiene and, with the recent update and “open release” of the DoD Cybersecurity Discipline Implementation Plan, providing federal contractors and commercial companies alike with insight on the computer security … [Read more...] about DoD Reveals its Cybersecurity Discipline Implementation Plan (or How 1940s War Department VD Training Can Help Your 21st Century Cyber Hygiene)
Serve your country
According to a report published by Dolcera Analytics of Hyderabad, India, in 2006 the total number of patent applications filed around the world was 1,764,633, representing a 4.9% increase over the previous year. While the U.S. Patent and Trademark Office holds the top position in filings for any country, Japanese inventors and corporations file the most patents globally. China’s output has shown an enormous increase, with over a 300% increase in patents filed in 2006 as compared with 2000.The state of the economy has forced many corporations to re-think their Intellectual Property strategies, including patent filings. As companies consider international patent filing, they soon find that international patent protection can be a very expensive and lengthy process. We would like to provide some ideas to assist you in making decisions regarding the allocation of resources in considering this important aspect of your business. What are the routes to international patent protection? … [Read more...] about Should You Seek International Patent Protection for Your Invention?
We were fascinated this week by reports from the legal press about Facebook’s new automated community pages—the pages generated when someone fills out details about themselves as they flesh out their profile descriptions.Apparently these pages are making image-conscious law firms a wee bit uncomfortable. Among the more distressing—or humorous, depending on your perspective—are profiles that have generated communities that include “bimbos” at Baker & McKenzie, “morlocks” at Latham & Watkins, and “slaves” at Skadden, Arps, Slate, Meagher & Flom, the National Law Journal and Above the Law note.“For brand-conscious law firms, Facebook’s latest ‘innovation’ is a bit mortifying,” the NLJ observes.This made us wonder about your profiles.Specifically, what poetic, alliterative and not-so-nasty words would you use to describe your position at your law firm: Skadden Arps Star? Fabulous Baker … [Read more...] about What Poetic, Alliterative & Not-So-Nasty Words Would You Use to Describe Your Position at Your Firm?
Multinational companies increasingly have internationally mobile employees (IMEs) who perform services in more than one country, other than their country of citizenship, during a single taxable year.It can be quite challenging to manage legal compliance and tax risks with a globally mobile workforce using a typical secondment arrangement. Under this arrangement, an IME is employed by the home country (usually the place of citizenship) employer and is then assigned or seconded to work in a host country. This approach can result in several entities within a multinational company’s controlled group having multiple assignment letters for each IME, without having any common administration.A global employment company, or GEC, is an entity established by a multinational company to employ its IMEs. In effect, the GEC serves as a leasing company that is responsible for the employment, compensation and benefits, immigration and income and social tax matters for IMEs. The GEC provides the … [Read more...] about Global Employment Company: Is It the Right Fit for Your Organisation?
Recent developments in the global legal landscape point to the inevitable conclusion that having an effective antitrust compliance program in place is now more important than ever.The marked increase in cooperation and coordination between antitrust enforcement agencies around the globe over the last decade has been widely reported. So it is surely no coincidence that we have witnessed an unprecedented chorus of commentary on the importance of antitrust compliance programs by a number of antitrust enforcement agencies over the last several months. In November 2011, the European Commission issued its first-ever guidance on competition law compliance programs entitled “Compliance matters: What companies can do better to respect EU competition rules.” In February 2012, the French Competition Authority released its “Framework Document on Antitrust Compliance Programmes.” And on June 11, 2012, the Chilean Competition Agency published its … [Read more...] about Antitrust Compliance Programs: Time to Recalibrate Your Risk-Benefit Analysis?
It’s your typical Monday morning in a not-so-traditional office. A young lawyer sits next to an engineer who is designing a new robotic device. Before heading to her desk, she had grabbed a cup of coffee, and while adding her sweetener, she ran into a tax advisor and asked if he could explain a tax loophole that related to a client’s new start-up. She acquired the new client last week at an office luncheon, in which he presented his business proposal to the room.Meanwhile, the robotic engineer is trying to put together a package to submit for patent protection, but he needs graphic support. So he heads over to play a game of ping pong with a millennial marketing team that shares a small glass office on the other side of the coffee/happy hour bar. The young attorney is asked to join them in helping prepare the submission for the PTO.For the attorney, it’s a pretty damn good day. Unfortunately this attorney and many more like her are not working at your law firm. As a … [Read more...] about Tear Down the Walls: Restructuring Your Law Firm Environment
Change is a mainstay in business, particularly when it comes to small and medium-sized entrepreneurial companies that depend heavily on the individual who founded them. Changes in an owner/entrepreneur's life may lead to changes for the business that necessitate an exit strategy—often accomplished by the sale of the company. While you may not be ready to walk away just yet, it is wise to begin thinking about a plan to transition your business to your children, to existing employees or to another buyer—even if you expect that day may be three, five or 10 years away.Business owners who work with experienced professional investors that require a growth and exit plan have probably taken certain steps to prepare for the eventual sale of their company. Others, however, may have concentrated more on improving the health of the business: nurturing relationships with customers, vendors and employees; working to create and realize long-term growth opportunities; and addressing the … [Read more...] about Preparing to Transition Your Company: 10 Ways to Maximize the Value of Your Largest Asset
You tendered a lawsuit to your liability insurer. You cooperated with its investigation of the claim, and maybe you had to challenge an initial denial. Now, you have a hard-earned letter from your insurer agreeing to defend the suit. This is a significant milestone in managing your risk for the liability, but the need for vigilance to maximize your insurance benefits and protect your rights is far from over. Whether there are thousands or millions at stake, policyholders must remain vigilant and active, to ensure they are receiving maximum benefit from their coverage. Even after your insurer agrees to defend, numerous disputes may still arise that can affect whether you maintain control over decisionmaking, whether the insurer pays everything it owes under the policies, and whether you otherwise maximize your policy benefits. Below are 10 frequent post-acceptance issues that either your risk manager, general counsel or outside coverage counsel may need to address.  … [Read more...] about Your Liability Insurer Agreed to Defend? Don’t Relax Yet.
Health insurers likely to push privatized Medicare for their own benefit If you think Rep. Paul Ryan’s plan to privatize Medicare is dead, think again. After Ryan unveiled his plan earlier this year, there was such widespread criticism that it briefly became a political liability for the Republicans.J. Scott Applewhite/AP The GOP-controlled House of Representatives approved the plan, which would replace the existing Medicare program with vouchers that beneficiaries could use to buy coverage from private insurance. But Ryan’s blueprint never made it out of the Senate. It’s not hard to figure out why; the vouchers would have required most Medicare recipients—many of them on fixed incomes— would be paying more out of their own pockets for coverage than in the existing program.I wrote at the time that the Ryan plan had the strong support of private health insurers, who would like nothing more than to have the federal government hand the Medicare program … [Read more...] about ANALYSIS: Don’t turn your back on Ryan’s Medicare plan
Looks like there’s been a mid-season ringer added to the cast of The Trump Team. After some seriously questionable statements (not to mention a few bar complaints) made by Trump’s longtime counsel Marc Kasowitz, Trump has now turned to tax-lawyer-turned-mouthpiece-for-the-Christian-right Jay Sekulow. Prior to being cast as Trump’s latest legal eagle, Sekulow was a star on the Supreme Court scene; he’s argued 11 cases before the high court on issues including abortion, religious freedom, and campaign finance – always taking the right-wing party line.In 1992, Sekulow teamed up with televangelist Pat Robertson, and became chief counsel of the American Center for Law and Justice – an advocacy group for which Sekulow has taken on a number of Christian conservative cases doing the usual—opposing LGBT rights and reproductive freedom and fighting for “traditional values.” He’s also been a major opponent of the proposal to build a … [Read more...] about Trump’s Got a New Lawyer. And He’s in a Band Named After Himself.