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Patents have served as an important stimulus for societal innovation and transformation. Both statutory and common lawhave recognized the ability of patents to convey upon inventors exclusive rights to commercially exploit their intellectual properties (IPs). These exclusive competitive rights have sometimes been referred to as a patent monopoly. However, there exists a duality in U.S. common/statutory law that both conveys and erodes the competitive rights of inventors. This paper seeks to examine this erosion of competitive rights by analyzing the impact of the Invention Secrecy Act, government property takings, and antitrust enforcement on the commercial deployment of patented IPs.

Recent damage awards in patent infringement litigation have demonstrated the legal and financial risks that firms experience when attempting to illicitly utilize, commercialize and/or incrementally improve upon these protected intellectual properties (IPs). Given this legal environment, the present paper seeks to examine the current patent system in the United States with the intent of documenting the legal basis for infringement. Through a comprehensive review of statutory and case law, the paper also analyzes defensive litigation strategies which can be used to permit firms to create product substitutes for patented IPs while avoiding the legal censure of patent infringement.

Trade secret misappropriation or theft has been estimated to cost U.S. business firms $300 billion annually. Current/former employees and value chain partners have been identified as the primary culprits in this industrial espionage activity. Many corporate security protocols have been suggested as methods for attenuating this theft and protecting organizational trade secrets. However, many of these methodologies can serve to create significant legal challenges and liabilities for organizations choosing to implement them. This paper seeks to both document these legal issues and assist corporations in better balancing corporate security with the requirements of privacy, contract, labor and trade secret laws.

Academic entrepreneurialism has been identified as an important process which can translate intellectual properties (IPs) developed in university settings into useful product and revenue sources. As a technique, academic entrepreneurialism has many stakeholders which can create obstacles to the effective commercialization of IPs. These obstacles represent potential sources of litigation in order to resolve conflicts related to IP ownership rights, revenue sharing and product liability. This paper seeks to document and analyze the legal issues, rights and strategies that stakeholders of these research partnerships can utilize in order to better protect their ownership, compensatory rights and liability exposure for IPs created through an academic entrepreneurial model of invention.

Cyber Espionage has been identified as an activity which has the potential of costing the world economy billions of dollars and significant employment losses. On a global basis, companies find their intellectual properties and trade secrets subject to cyber attack by government actors, competitors, employees and agent provocateurs. This paper seeks to document and analyze the anatomy and emerging threats of cyber espionage through development of the S.P.I.E.S. taxonomy (Situational Threats, Penetration Methodologies, Information Targets, Enforcement of Espionage Laws and Security Vulnerabilities).

In lieu of litigation, arbitration has become a widely accepted technique for resolving business related disputes between contracting parties. As an ADR, arbitration has been used to resolve labor, asset expropriation, intellectual property and commercial disputes on an international basis. International law has also promoted the extraterritorial recognition and enforcement of arbitral decisions. The paper uses the three Os typology (origins, operations, outcomes) to examine both the evolution of this methodology and methods for improving its performance as a global dispute resolution technique for business.

Today, intellectual properties are routinely threatened through the illicit use of PTCs (patents, trademarks, copyrights), piracy of trade secrets and product counterfeiting. The United States and members of the world community have sought to deal with these international economic threats to IPs through the development of domestic laws, treaties and other international agreements. This paper provides a review of intellectual property protections afforded to individuals and corporations under U.S. law, TRIPS and the Anti-Counterfeiting Trade Agreement. The paper also creates the CLONE paradigm in order to guide corporations in protecting their IPs from infringement, theft and counterfeiting.

The financial failure of major financial institutions and automotive manufacturers in the United States has been the flashpoint for new discussions on the role of government and organizational stakeholders in the management of corporate bankruptcies. Through creation/use of the BARONS paradigm, this paper discusses the major legal rights and processes that can be used by bankruptcy stakeholders for purposes of protecting their economic interests when debtor organizations become insolvent.

Both the United States and world community have attempted to eradicate the corruption of foreign governmental officials through the development of comprehensive anti-bribery statutes. These laws are complex and significantly increase the legal/financial liabilities of corporations. This paper creates the JAIL paradigm for purposes of exploring these liabilities and crafting corporate risk management strategies for an era of aggressive multinational anti-bribery litigation.

Over 60,000 lawsuits are filed annually in U.S. courts by employees seeking redress from their employers in matters related to violations of U.S. employment law. These lawsuits impact foreign firms, American firms, and their offshore subsidiaries. Much of this litigation arises from a failure of both employers and employees to understand the intricacies of U.S., foreign and treaty-based laws impacting employment relationships/workplace discrimination. This paper attempts to clarify the complexity of these employment laws through articulation and discussion of the 5Cs typology. Recommendations for reducing ambiguities and promoting better compliance to current employment laws are also provided.