As a result of the Delaware Chancery Court's recent decision in 'Caremark,' corporate monitoring and compliance programs may no longer be optional

Article Abstract:

The Delaware Chancery Court went against longstanding precedent with its 1996 ruling in In re Caremark National Inc. Derivative Litigation, stating that corporate directors might have a duty to establish a compliance program even when probable cause is not present. Caremark ran into legal difficulties due to alleged kickbacks to medical providers. What type of compliance program a company develops will depend on many factors, including its size, the scope and nature of its business, the chances for abuse and the legal framework the company operates under. General elements of a compliance program are listed.

Cases, Corporate directors, Investigations, Corporate governance, Criminal liability of juristic persons, Juristic persons criminal liability, Delaware

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A patent and trademark split could benefit PTO; pending bills propose a PTO corporate status, but some want a 'PO' and 'TMO' as well

Article Abstract:

Three bills are pending in the 1996 US Congress which would give the Patent and Trademark Office (PTO) corporate status. Vice Pres Gore's work on reinventing government, the government-trimming efforts of the Clinton administration and the US Congress and the intellectual property community's efforts towards a more efficient PTO mean that now is a good time for such a change. The National Academy of Public Administration studied the PTO in the late 1980s and felt it was a good candidate for corporate status.

United States, Management, United States. Patent and Trademark Office

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