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IP Litigation: What Is It Good For?
Military strategist Carl von Clausewitz once famously observed in his classic “On War” that: “War is the continuation of politics by other means.” In the same vein, many sophisticated and experienced business lawyers simply view litigation as another form of negotiation to reach a client's strategic goals ' albeit a very expensive one.
In contrast, litigation really is good for absolutely nothing, in the view of most executives who must pay the lawyers. Certainly, no one who “does” deals, or counsels businesses, likes to be hauled into court. Everything involved with litigation is expensive, from the attorneys who must be on call for hours on end awaiting trials and hearings, to the all-consuming preparation involved before each appearance. Moreover, litigation is tremendously disruptive, because it changes a firm's focus. Instead of emphasizing the tasks of getting and keeping new business, litigation diverts attention to second-guessing what has already occurred and planning to avoid liability.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?