Entries by David L. Cohen, Esq.

Outsourced Manufacturing and Trade Secrets: Manufacturing Process & Personnel (Part 7)

After deciding on the basic corporate or contractual structure, the company should decide how best to strategically divide the manufacturing process. In the outsourced manufacturing context, the best process involves not only efficient manufacture, but also the most effective process to mitigate potential trade secret risks.

Outsourced Manufacturing and Trade Secrets: Transaction Structure & Contract (Part 6)

Transaction Structure Once the company selects a potential outsourced manufacturing partner, it should design a transaction structure that reinforces its commercial expectations and the manufacturer’s contractual obligations. Specifically, the company should structure the outsourced manufacturing transaction in a manner best suited to protect the company’s key intellectual assets (both registered IP and unregistered IP like […]

Tech’s Frightful Five and Their Allies Come to Brussels

Over the past 100 years corporate America has become quite sophisticated in how it lobbies the US Federal and State government and regulators.   While the messages being promoted may differ, lobbying for corporate interests as diverse as tobacco, sugar (and here), firearms, the environment, fossil fuels, health insurance (and here), financial regulation, and many other […]

Tech’s Frightful Five and Their Allies Come to Brussels

Over the past 100 years corporate America has become quite sophisticated in how it lobbies the US Federal and State government and regulators.   While the messages being promoted may differ, lobbying for corporate interests as diverse as tobacco, sugar (and here), firearms, the environment, fossil fuels, health insurance (and here), financial regulation, and many other […]

Outsourced Manufacturing and Trade Secrets: Due Diligence (Part 5)

Perhaps the single most important part of outsourced manufacturing is to select a trustworthy partner. A company should not enter into any transaction unless it has a good basis to believe that the manufacturer will be an acceptable partner. This requires rigorous due diligence, including: Background checks of the manufacturer’s principal officers, directors, and key […]

Outsourced Manufacturing and Trade Secrets: Internal Controls (Part 4)

When a company, for the soundest of business reasons, is exploring placing its crown jewels, its intellectual assets, in the hands of a third party, proper internal controls are vital. A company’s internal controls may help to ensure proper: Vetting and selection of the prospective manufacturer during the due diligence process. Negotiation of the outsourced […]