NORDIC ROAD SHOW. United States Legal System for Foreign Investors Lutzker & Lutzker LLP
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1 NORDIC ROAD SHOW United States Legal System for Foreign Investors 2018 Lutzker & Lutzker LLP
2 Legal Services for Businesses, Creative Professionals and Their Lawyers Arnold Lutzker Susan Lutzker Attorneys and Co-Founders 2
3 WHO ARE WE? Arnold Lutzker Harvard Law 40+ years of legal experience in copyright and trademark strategy, protection, enforcement and policy Susan Lutzker Georgetown Law 40+ years of legal experience in complex contractual matters and intellectual property protection and enforcement
4 WE ARE LEADERS IN A global network of nearly 300 independent law firms INBLF S FIRM IN DENMARK IS
5 U.S. LEGAL SYSTEM LEVELS THE PLAYING FIELD & ENCOURAGES INVESTMENT Constitutional, statutory and common laws across federal, state and municipal governments support your business success Hallmarks are fairness, equitable application and predictability Forward-thinking legal regimes
6 CORE LEGAL ISSUES WE WILL ADDRESS Intellectual property Contracts Insurance Fair competition Consumer protection Data security
7 ENTERING THE U.S. MARKET Identify, Protect and Exploit Your Legal Crown Jewels Trademarks Copyrights Patents Trade Secrets
8 IDENTIFYING THE CROWN JEWELS OF YOUR BUSINESS Conduct an IP audit Create a plan for protection Ensure legal compliance Exploit and realize wealth
9 TRADEMARKS YOUR BRAND IDENTITY Trademarks are the names, logos, words, slogans or symbols that stand for your business in the eyes of the consumer and in the minds of your competitors
10 PROTECTING TRADEMARKS IN THE U.S. Search and analyze before you invest Infringer Original The legal standard: likelihood of confusion Protect your mark in Denmark Register your mark with the U.S. Patent and Trademark Office
11 COPYRIGHTS Movies Music Books Software Photos Work that is original and fixed in tangible form Term of protection: nearly a century Exclusive rights of copyright owner Key limitations on owner rights: fair use compulsory licensing first sale doctrine Arnold Lutzker s Content Rights Chinese, English, Russian editions
12 PROTECTING COPYRIGHTS Registration Enforcement Exclusive legal enforcement in federal courts Remedies for infringement unique attorneys fee provision Digital works
13 PATENTS Patents protect software, methodology, chemical formulas, etc. Registration is important first to file can win big! Two approaches to applying for patent protection in the U.S. Provisional filing Standard filing 20-year term of protection Damages: lost profits, reasonable royalty, treble damages
14 TRADE SECRETS Trade secrets can have perpetual life PROVIDED you keep them secret: Use a non-disclosure agreement (NDA) in introducing your idea to a potential partner or investor Enforce secrets in employment agreements Maintain need to know access
15 LAWYER AND CLIENT STRATEGIC PARTNERS In today s fast-paced environment of continuous innovation, information overload and changing consumer demographics and behavior, effective IP lawyers need to: Provide sound legal advice Apply traditional legal principles to new and unsettled issues Understand industry trends Counsel creatively Help manage risks
16 YOUR ONLINE PRESENCE The good news: You have limitless options to promote and exploit your product online and through all kinds of apps The cautionary news: Protecting your IP assets and enforcing your rights online requires knowledge of applicable law and the ability to react quickly to a changing landscape
17 NEGOTIATING CONTRACTS IN THE U.S. Use contracts to: Spell out the goals of the parties Document the details of a business transaction Work made for hire key IP provision Allocate risks Plan ahead to avoid disputes: Document the deal Preserve key communications written and electronic Build in alternative dispute resolution to avoid litigation
18 SUFFICIENT INSURANCE IS A BEST PRACTICE Many risks can be greatly reduced by appropriate insurance Contracts often require insurance coverage You will need qualified insurance brokers Essential types of insurance: Business liability insurance Umbrella insurance Errors and omissions insurance Product liability insurance Workers compensation
19 U.S. LAWS EMPHASIZE FAIR COMPETITION Federal and state agencies investigate unfair practices. Federal and state governments can prevent entrenched enterprises from hindering new entrants like you
20 U.S. LAWS SUPPORT CONSUMER PROTECTION Federal and state agencies set standards know your industry Food and drug Agriculture Transportation Highways Facilities Air and water Financial services Media Alcohol Energy Aerospace Automotive Mining FDA USDA DOT NHTSA OSHA EPA FRB/SEC/OCC/FDIC FCC BAFTE FERC EPA/FAA/NASA EPA/DOT EPA/BLM
21 DATA PROTECTION AND CYBERSECURITY Federal and state laws encourage protection of worker and customer privacy The U.S. Department of Homeland Security is taking a proactive role in strengthening the security of cyberspace Cyberattack on City of Atlanta will lead to stronger data protection measures by other U.S. cities Atlanta hit by ransomware attack, city employees told not to turn on computers Elizabeth Weise, USATODAY
22 SAFEGUARDING PERSONAL INFORMATION Every business needs a cost-effective approach to complying with privacy laws and protecting against cyberattacks Legal guidance can help you make intelligent decisions about safeguarding data and implementing security measures Facebook scandal will lead to more rigorous treatment of data collection and sharing across social media with as yet unknown implications GDPR will have a major impact on U.S.-based companies
23 MAZANTI-ANDERSEN KORSO JENSEN Mazanti-Andersen Korso Jensen is the oldest law firm in Denmark We provide unique and personalized advice, with each client having one dedicated senior advisor backed by a team of specialists We insist on quality in everything we do We are proud members of Danske Advokater, Advok Samfundet, Advokat Kodeks and INBLF
24 THE U.S. IS OPEN FOR YOUR BUSINESS We would love to help you enter the U.S. You can contact us directly or connect to our network through our Danish colleagues at 300 In either case you will get the top legal expertise you need in a seamless manner Working with INBLF lawyers is a cost-effective way to obtain highquality and personalized legal services
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