IP News
Highlights of the latest intellectual property news from around the country.
Guidelines for Starting an IP Practice in China
As more multinational companies turn their attention to, sell products to and open offices in China, intellectual property work will continue to skyrocket. How are international law firms responding? What are the barriers, if any, to entry? What are the best ways to set up an IP practice in China? This article answers those questions and provides a basic roadmap if you are contemplating entering this market.
Recent TTAB Decisions Highlight Challenges of Pleading and Proving Fraud after <i>Bose</i>
In <i>Enbridge Inc. v. Excelerate Energy Ltd. Partnership</i>, TTAB issued its first precedential ruling following the Federal Circuit's Bose decision on fraud, <i>In re Bose Corp.</i> <i>Bose</i> reversed a TTAB decision, finding that a trademark is obtained fraudulently under the Lanham Act only if the applicant or registrant knowingly makes a false, material representation with the intent to deceive the USPTO.
Features
The Drive Toward Performance Measurement in Law Firm Administrative Functions
In response to increased pressure, administrative leaders are seeking out ways to measure the performance of administrative functions ' to justify the function's staffing and costs and to demonstrate the group's value to firm leadership. The drive for performance measurement programs in law firms entails a shift toward careful assessment and analysis of the overall performance of various law firm administrative functions and their respective value to the firm.
Valuation of a Law Practice
My firm has emphasized valuation services for over two decades, with a particular recognition for our work with professional service firm valuation, and more particularly in valuing law firms and ownership interests in law firms for a broad array of purposes ranging from dissolution of marriage, estate tax, shareholder disputes, and more recently in engagements to assist law firm ownership to protect and enhance value.
Strategic Sourcing
Law firms face an ongoing challenge to reduce costs. Proactive firms can reduce their recurring costs for goods, equipment and services while maintaining quality and service levels by developing and implementing strategic sourcing programs. Strategic sourcing involves systematically examining spending as a whole and developing a holistic strategy to achieve greater savings than could be gained by "one off" cost-cutting measures. While strategic sourcing does not include payroll costs, enhancing the quality of non-payroll services will indirectly help payroll cost management.
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An Economic and Demographic Case for Alternative Fee Arrangements
We have known for some time that the law profession is aging. Until now, the effect that such aging could have on law firm revenues has been entirely masked by law firms raising hourly billing rates well in excess of general inflationary pressures, rising costs of operations and the increased experience of its practitioners. Now we are in an environment where competitive and market forces will almost certainly alter the ability to raise hourly billing rates consistent with historic patterns. The time has come to embrace alternatives to hourly pricing.
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Bit Parts
Film Studio Wins Tax Credit Case<br>One-Second Sample Isn't Automatic Copyright Infringement<br>"Sham Affidavit" Rule Applied in Memorabilia Suit
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Expert Witnesses
The U.S. District Court for the Southern District of California denied a motion to exclude the expert testimony of a witness who has worked in advertising and celebrity endorsements for more than three decades.
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Representing Clients with Gambling Debts to Casinos
As a young associate at McManis Faulkner & Morgan, Eric Sidebotham was put in charge of a $4-$6 million gaming dispute between a Silicon Valley executive and a New Jersey casino. Little did he know then that the negotiation skills and casino-related expert witness contacts he picked up at McManis Faulkner would help keep his own two-lawyer firm afloat through one of the deepest recessions in recent memory.
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MOST POPULAR STORIES
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere 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.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›