Have You Done a Trade Secret Audit?

secret_105634725The best way to analyze a company’s trade secrets (and how well protected they are) is through a formal audit. Here’s an overview of how to do a trade secret audit. Continue reading

So Happy Together: 15 Things to Discuss with Joint Venturers

When clients come to you to set up a joint venture, they’re often excited and focused on the big picture. You need to be the details person, and maybe a bit of a wet blanket. Continue reading

What IP Attorneys Need to Know About M&A Agreements

Although federal and state corporation, securities, antitrust, and tax laws governing mergers and acquisitions (M&A) are complex and nuanced, and the structure of a given transaction is usually driven by tax and securities considerations that aren’t within intellectual property counsel’s control, it’s useful for intellectual property lawyers to know the basic structures of these deals and the impact on the intellectual property provisions in the agreement. Here’s a crash course on basic types of M&A agreements. Continue reading

Get Intellectual Property Counsel in on Your M&A Deal

Despite Zuckerman’s decision to go it alone on the Instagram deal, intellectual property counsel play an increasingly important role in mergers and acquisitions (M&A). M&A used to be the domain of corporate lawyers, and corporate lawyers still typically lead M&A transaction teams, but it’s now common to see intellectual property counsel from both sides working as part of the team to draft and negotiate the intellectual property aspects of the agreement. That is as it should be. Continue reading

Before Getting Advice, Get Signed Agreements from Your Advisory Board Members

Many companies are plunging into entirely new areas and can really use some advice. That’s where an advisory board comes in. Accessing advisors’ expertise can be invaluable, but it comes with some risk to the company’s trade secrets. Here’s how you can reduce those risks. Continue reading

Economic Espionage

Economic espionage sounds somewhat exciting and maybe even a bit sexy. Kind of a James Bond of the business world. But the consequences are hardly glamorous for anyone involved. Continue reading

9 Reasons to Register Your Trademark

Despite the silliness of Charlie Sheen’s endeavors to trademark his phases “Duh, winning” and “Rock Star from Mars,” protected trademarks is serious business. Registering trademarks is not mandatory, but it is advantageous in at least 9 ways. Continue reading

11 Tips for Preempting Business Pirates

Business piracy, e.g., the unauthorized use of intellectual property,  is a problem that causes major losses for businesses each year. As technological complexity increases, and industry becomes more and more competitive, the temptation for the unscrupulous to gain a competitive edge also increases. Continue reading

Clashing Concepts: Trade Secrets and Social Media Networking

A company’s trade secrets have always been an integral and valuable part of its business assets. Social media networking is fast becoming an integral and valuable part of business practice. By their very nature, these two concepts clash and create unprecedented risks of trade secret exposure and challenges for trade secret law.   Continue reading