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.

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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.

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.

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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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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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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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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As a young associate at McManis Faulkner &amp; 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.