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Commercial Law

  • Although patent enforcement efforts have been historically dominated by the technology-elite, few businesses of the future will be exempt from the impact of patent infringement litigation. Indeed, data published by the USPTO and the federal judiciary reveal that the number of patent applications filed annually and the number of patent infringement litigations initiated annually have both more than doubled since 1990. Simply stated, business leaders of the future are increasingly likely to encounter one of two situations:1) The firm believes others are infringing its patents; or 2) Others accuse the firm of infringing their patents.

    February 27, 2007Kevin Arst and Michael Milani
  • Nanotechnology financiers were biting their nails this past October as market forces were engaged by regulatory forces. In the same week, the U.S. Food and Drug Administration ('FDA') held its first full public meeting on nanotechnology safety and environmental risk, and the Environmental Protection Agency ('EPA') placed a Notice of Rulemaking regarding nanotech product commercial release requirements in the Congressional Record. Investors see only risk — each of the two agencies has the power to shut down the evolving nanotechnology industry.

    February 27, 2007Nir Kossovsky and Robert Block
  • Although online blogging has gone mainstream in some professions, there's one group of people mostly absent from the blogosphere: the in-house bar. That said, a few in-house blogs do exist, and their numbers are growing steadily.

    February 27, 2007Catherine Aman
  • Today, the pervasive role that technology has assumed in business and legal practice, as more and more of our daily lives are lived online, provides a more fundamental challenge to how attorneys practice business law. In an age when 'paper file' has become an anachronism and an oxymoron, business law and the way it is practiced have required more than just tinkering with particular rules.

    February 27, 2007Stanley P. Jaskiewicz
  • Recent cases in e-commerce law and in the e-commerce industry.

    February 27, 2007ALM Staff | Law Journal Newsletters |
  • A law firm Web site is an interactive experience ' one that takes place between someone in need of information and someone in the position to provide that information.The total experience a client or prospective client has while visiting a Web site reflects on your firm. A bad experience forms a bad association. A good experience creates a good one.

    February 27, 2007Janet Ellen Raasch
  • Business development in the legal community is a science, but it requires the creativity of an artist. That artistry can be demonstrated most powerfully through the written word, a tool of great lawyers for centuries. Encapsulating an interesting case or complex transaction into 500 or 1000 words for the benefit of colleagues and the business community at large is the single best way to demonstrate expertise on a macro scale. It is at the very core of client generation.

    February 27, 2007Ari L. Kaplan
  • Gray-haired, older, or as I shall refer to them, senior partners, as a class, represent a challenge that most managing partners find vexing. Many firms have avoided addressing this very complex issue either because of the emotional reaction it invokes, or because they just don't see it as a real problem yet. Others have adopted the apparently simple solution of setting a mandatory retirement age at which the partner is expected to stop practicing and head for a retirement community.

    February 27, 2007Melchior S. Morrione
  • A commercial real estate attorney representing a client that needs title insurance in a commercial real estate transaction must consider which endorsements would be best to provide the client with all the necessary title insurance protection. This two-part article addresses which American Land Title Association ('ALTA') endorsements are typical when representing a buyer, tenant, or lender in an acquisition or lease of commercial property. In addition, the article discusses a few non-ALTA endorsements that are available in many states.

    February 27, 2007Sara K. Stock