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Archive for October, 2010

Join us for a live Twitter chat

October 28th, 2010
in Employment & Benefits, Expert Guest Blog Entries, Litigation |

Have you joined our Employment Law Professionals group yet? It’s easily accessible through Linkedin. Here’s 3 reasons why you should join now!

1. We are the most diverse and fastest growing Employment Law group on Linkedin!

2. Get exclusive content such as power point presentations, PDFs, and sneak peaks from our conferences.

3. Propel your networking reach to the next level. New connections are made everyday in our group. Where will it take you?


Early to mid-November, there will be a live Twitter chat on the survey results. In addition, there will also be an exciting new guest blog posting on discrimination law the same day. We will have top notch moderators guiding the chat, so be ready to ask all of your questions!

*Participants of our survey will receive the results one week in advanced, just as we promised. Keep an eye on your inbox*

All other group members will receive the results 3 days before the live Twitter chat. If you do not have a Twitter account, don’t worry. We’ll post a transcript of our chat in our blog and in this group.

Our survey results are in its final stages of completion. We can still update the stats, so if you haven’t filled out the survey, do so now. You’ll be eligible for our advanced copy!

Subscribe to our RSS feed, and you’ll get added bonuses not available in this group. Join us at

Follow us on twitter @ACIemployment for the live chat!

More information about ACI at


October 28th, 2010
in Litigation |

ACI’S 6th National Forum on Preventing, Detecting and Resolving Mortgage Fraud

The Obama administration, which declined last week to push for a national freeze on foreclosures, emphasized Tuesday that it was committed to holding accountable any bank that has violated the law.

Robert Gibbs, President Obama’s press secretary, said in a statement that the White House is “strongly supporting the investigation by the state attorneys general” while noting that “the administration’s Federal Housing Administration and Financial Fraud Enforcement Task Force have undertaken their own regulatory and enforcement investigation.”

–The New York Times, October 19, 2010

Ensure your fraud prevention and detection practices are keeping pace with market realities by attending ACI’s 6th National Forum on Mortgage Fraud.

Hear directly from: Robb Adkins, Executive Director of Financial Fraud Enforcement Task Force. Director Adkins  will give a special keynote address and insider’s look into how the Financial Fraud Enforcement Task Force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute mortgage fraud. Hear first-hand what lies ahead on the regulatory horizon and how you need to prepare.

Your attendance at the 2010 forum will provide you with:

  • Current best strategies to dramatically minimize losses from mortgage fraud
  • Tools to immediately recognize a new or modified fraud scheme
    • What fraudsters are doing to modify old schemes
    • New details on unreported fraud and how this may lead to a new wave of prosecutions
  • Tips for quickly obtaining effective government assistance
    • How to maximize Assistance from Federal, State and Local Law Enforcement
  • The information you need to ensure law enforcement make your case a priority
    • What information to include in your fraud case
    • Arguments that convince enforcement authorities to pursue a case

  • Limited resources? Don’t miss the panel on Fraud Investigations & Recovery on a budget

    • Learn the best tactics to minimize costs and resources while still crafting an effective fraud program
    • Discover the industry’s most successful fraud recovery programs
    • Walk away with effective and easily implementable ways to maximize the recovery of losses

….and much more

American Conference Institute’s 24th National Advanced Forum on Advertising Law

October 27th, 2010
in Advertising & Marketing |

In an Era Where Everything is Moving Toward the Digital Sphere, Ensure Your Company Remains Competitive: Get the Information You Need as Companies Turn to Innovative and Complex New Marketing Strategies

Just 1% of your online fan base on Facebook and Twitter drives 20% of traffic to your website

Today’s advertisers look to social media technologies as innovative and effective ways to reach their targeted audience while also achieving branding and marketing communication goals. However, these mediums present a unique set of legal challenges for advertising lawyers. At American Conference Institute’s 24th National Advanced Forum on Advertising Law, you will have the opportunity to hear from leading executives, such as Anthony Wang, Legal Counsel for Twitter, who have successfully implemented a social media program as part of their advertising strategy.

Advertising Regulations are Constantly Changing – Stay Abreast of the Newest Developments

The FTC, FCC, and state Attorney Generals have shown a reinvigorated interest in investigating advertising claims and practices. At this conference, equip yourself with the necessary tools to advise you company on how to be compliant and competitive in the face of new modes of advertising. Hear directly from the FTC attorneys responsible for drafting the Green Guides, Endorsement Guidelines, the Online Behavioral Advertising Principles, and COPPA.

Engage in Behavioral Advertising While Adhering to Privacy Laws

Behavioral targeting has been hotly debated in Washington, and lawmakers are considering various proposals to regulate it. The FTC is considering a “Do Not Track” registry akin to the “Do Not Call Registry” used for telecommunications. As behavioral advertising becomes more pervasive, consumers are increasingly concerned that their privacy is being compromised. Learn how to develop highly targeted marketing while adhering to stringent privacy laws.

Network With the Top U.S. Advertisers and the Attorneys Who Counsel Them

Last year, 75% of our attendees were in-house counsel and marketing executives from leading advertisers. Networking breakfasts, lunches, and a cocktail reception provide several opportunities throughout the conference to interact with other attendees. At this conference, you will not sit idly in your chair. You will have the opportunity to meet the movers and shakers in the advertising industry. Our speaker faculty is comprised of more than 20 in-house counsel, giving you a tremendous opportunity to benchmark your practices. Featured companies at this year’s conference include: AT&T, Estee Lauder, General Motors, Google, Procter & Gamble, Turner Broadcasting, Twitter, Walt Disney, YouTube and many more!

Post Conference Workshops Give You the Opportunity to Gain Valuable, Real World Experience

The learning does not end at the conclusion of the main conference. ACI has developed two workshops to give you the opportunity to go hands-on with industry leaders.

  • Developing a Compliant Social Media Policy
  • Creating Workable and Adaptable Procedures for Claim Substantiation

Legal Conferences

First word that comes to mind when you think of maximizing pharmaceutical patents?

October 27th, 2010
in Expert Guest Blog Entries, Litigation, Pharmaceuticals / Biotech / Life Sciences, Regulatory & Compliance, Surveys and Polls |

Biotech Patents

The biotech industry is at an amazing crossroads right now, with major developments in case law at the Supreme Court and District Court levels, new legislation making an abbreviated pathway for follow-on biologics a reality at last, and new initiatives in the PTO under the Obama administration. Cases like Bilski v. Kappos and Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al. (“Myriad”) are casting doubt on long standing precedents regarding the patentability of IP portfolio cornerstones such as genes and diagnostic methods. With the recent District Court opinion in Myriad holding that genes are not patentable subject matter, the American biotech industry must prepare for an inevitable onslaught of challenges to existing patents and must learn how to carefully draft patent claims going forward to insulate themselves from future disputes. Additionally, the Obama administration has evinced a desire to streamline the PTO patent process and eliminate the PTO backlog through a series of new initiatives. Most signifi cantly, the administration has taken the long-awaited step of approving generic biologics under Title VII of the Patient Protection and Affordable Care Act (“PPACA”). It has truly been a game-changing year for the biotech world.

While biotech practitioners are facing daunting challenges in the wake of often-conflicting case law and novel legislation, this is also a time for emerging leaders to capitalize on an epic opportunity to increase market share. While this is a difficult, uncertain time, it is also a time in which great growth is possible.

Patent Term Adjustment and Patent Term Extensions

PTA and PTE are essential to patent life cycle longevity – especially in the life sciences. The life sciences industries invest numerous resources into preserving the patent life and subsequent profits of products which take years to produce. Each day of patent life equals millions of dollars in profits. A loss of even one day can have substantial impact on your company’s profit margin. Moreover, recent court decisions and the introduction of an abbreviated pathway for follow-on biological products have made knowing the “ins and outs” of PTE and PTA a critical competency for every patent practitioner servicing the pharmaceutical, biotechnology and medical device industries.

Paragraph IV Disputes

The inherent intensity of Paragraph IV litigation has been magnifi ed of late by the seemingly unending repercussions of the Hatch-Waxman reforms of the MMA, proposed Patent Reform legislation, the approval of an abbreviated pathway for follow-on biological products and threat of pending legislation, which may make settlements of these matters near impossible – let alone illegal. These factors have added to the complexity of this litigation, and have also raised the monetary ante to unprecedented heights. In this environment, it is imperative that brand name and generic pharmaceutical companies and their counsel, have the offensive moves and defensive plays that they need to meet the challenges of pharmaceutical patent endgame litigation.

In light of these issues, we asked a very simple question. Although we asked for only one word, we got an interesting assortment of answers. Add your opinion at the bottom and join us on Twitter @aci_c5pharma.

First word that comes to mind when you think of maximizing pharmaceutical patents?

“Life Cycle Management”


“Continuation patent application (CA) & continuation in part patent (CIP)”


“A life cycle program that is driven by innovation, not desperation!”

“Apart from Life cycle management & extension, Patent filing creates strong patent portfolio which is difficult to circumvent. Again to meet unmet needs and further innovations also require patent protection. Eg. NDF gives only 3 yr exclusivity in US where as patent for such NDF can extend the life cycle for approx. 20 yrs”

“Patenting a molecule is a good idea. However, when patents spell out the processes, they give significant fodder to develop processes that are better, simpler and can be used to create processes that are sustainable and cheaper. Patented processes can be circumvented”

” OTC Switch! Patent OTC indications in method of use patent if not obvious.                       (eg Minoxidil)”


“A drug’s IP position is maximised by quality drafting and prosecution and then taking advantage of the extensions available coupled with awareness of 3rd party IP and a strategy for dealing with any potential issues. This is really a minimum standard, which is frequently not reached, particularly by new companies. Small firms invariably need to partner with an established pharma company in order to complete clinical trials and drug marketing. A basic due diligence by the potential partner commonly leads to rejection of the opportunity due to the poor state of the IP position, which could potentially have been avoided by appropriate planning and investment earlier on. IP due diligence forms a 1st pass screen for potential deals because of the high failure rate”

Legal Conferences

Nuclear Power Congress Survey Results

October 18th, 2010
in Energy & Resources, Surveys and Polls |

Click the following link to view our results.

Nuclear Power Congress Survey Results

The nuclear revival continues, fueled by loan guarantees from the Obama administration and the increasing demand for cleaner energy sources. The first round of nuclear new build construction is on track to add 7 additional reactors to the U.S.’s existing fleet of 104. And despite the obstacles surrounding the planning, construction and development, nuclear new build continues to advance.

Building on the success of the two previous iterations, this year’s Nuclear Power Congress will bring you up to speed on the latest developments within the industry. Key areas to be discussed include:

• Forecasting future demand for nuclear power in the U.S. and globally, as analyzed by the World Nuclear
Association, the Canadian Nuclear Association, CERA and the Georgia Public Services Commission.
• Lessons learned and best practices within new nuclear reactor licensing from Jack Bailey of Tennessee
Valley Authority and Chuck Pierce of Southern Company, in addition to the regulatory perspective
from Luis Reyes of the U.S. Nuclear Regulatory Commission.
• The effects of working with EPC contractors and labor sources from Chuck Whitney of Oglethorpe
Power Corporation.
• New build project management strategies and success stories shared by Florida Power and Light Company and
Southern Company.
• The impact of next generation reactor designs on capital costs, discussed by the U.S. Department
of Energy and NuScale Power.
• Real-life case studies of ongoing projects by Bruce Power on their Canadian refurbishment and new build activities, as well as plant uprate analysis from Exelon Corporation.

Nuclear industry stakeholders annually convene at this executive-level forum to address the challenges the industry is facing, and to explore innovative solutions for the financing, construction and deployment of new nuclear power plants. Don’t miss this unique opportunity to network with and learn from the industry regulatory agencies and associations, nuclear utilities, engineering companies and contractors, equipment manufacturers, lenders and investors and legal advisers.

Discuss this survey with us and other top professionals at our Nuclear Power Congress forum.

Quick Response codes for mobile marketing

October 12th, 2010
in Advertising & Marketing |

You are so curious. Scan me! @aci_c5marketing

What are those 2D pixel mazes on the edges of magazines pages, posters, and most recently your food? Those images are not there for you to navigate your pen through the maze, although it may be an adventurous and enjoyable task. Scan that code with your mobile phone!

Most new smart phones come fresh out of the oven with a QR code reader. Scanners are also available for free download, if you don’t have one. QR codes are the newest trend in getting a consumer more familiar with a brand and product. These codes can be seen as interactive, mysterious, and exciting, but many marketers still find the concept perplexing. QR codes will become new frontier for digital marketing and advertising, so get ready. Marketers who are not creative and daring will surely let this big fish slip through their hands.

QR codes already look mysterious; use curiosity to your advantage.

Marketers are always looking for a high ROI, but direct marketing strategies often yield low responses. Nobody likes SPAM, no matter how fancy it is made to look. What is a marketer to do? Social media is a perfect example of engaging a potential customer into an interactive experience. Take your tips from social media, people love to interact! Link your QR code to an individualized website, where viewers can get more information on your product. Include a discount, trailer, contest, free content, or a clue to where you can find the next QR code. Be creative. You can do a myriad of different things, but the overall strategy should be to have your visitors interact with you. QR codes are the bridge between the physical and digital world, so use it to your advantage.

Best example of a successful QR codes strategy

Recently, Activision’s “COD” fans got a chance to view the official trailer weeks before its release on Monday Night Football, 10/11/2010. All over NYC you can find Call of Duty “Black Op’s” posters, and in the middle of every poster is a QR Code. Have you ever seen a line of people waiting to look at a poster before? Not only did visitors get an exclusive look at the new video game, but they also received codes to enhance their multiplayer gaming. Isn’t great to be a loyal fan, or a new one? Activision has played their marketing cards right and are bathing in the rewarding results.

While QR codes are still in its infancy, many companies are looking to become pioneers of the trend. Social networks such as Foursquare and Twitters GeoTagging, has increased the visibility of these QR codes. If you don’t stumble upon a QR code on your own, a friend will most likely point you to one. Even if you’re mobile phone is not capable of handling a scanning application, you will usually find URL’s right below the QR code. We have our own ideas for the use of these codes, what will yours be?

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