Intellectual Property

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Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.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

3 Keys To Winning Your Next Oral Argument

To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

Opinion

High Court NCAA Antitrust Ruling Will Not Help Naomi Osaka

Although the U.S. Supreme Court's recent NCAA v. Alston decision, that restrictions on student-athlete compensation violate antitrust laws, might enable tennis player Naomi Osaka to challenge professional women's tennis's post-match interview rule, a closer examination suggests that this theoretical antitrust claim would fail, says Jack Lerner at Levin & Glasser.

Divide On Standing In Patent Cases Needs Fed. Circ. Guidance

As district courts continue to issue conflicting rulings on whether exclusionary rights are necessary for standing to sue under the Patent Act, and until the Federal Circuit issues much-needed guidance, courts and practitioners should enforce a clear distinction between analysis of constitutional and statutory standing, says Kylie Kim at Kellogg Hansen.

ITC Already Has Authority Offered By Trade Secret Misuse Bill

The bipartisan SECRETS Act bill appears to provide a new way to combat international trade secret theft, but it overlooks the U.S. International Trade Commission's existing comparable authority and raises questions on how the Biden administration would use the ITC to pursue global policy priorities, say attorneys at Ropes & Gray.