Leadership Isn't Management
Most marketing professionals and other non-attorney management realize that developing one's leadership skills is critical to success in a law firm. There is lots of guidance available ' in books, articles, blogs, conferences and more. Fortunately, much of it is specific to the business models of the service industry.
'VAT Package' Will Impact Law Firms
As of Jan. 1, 2010, law firms with offices in the EU that make taxable supplies of legal services to business customers in other EU countries have new monthly value-added tax reporting obligations. Failure to comply with these monthly reporting obligations can result in severe penalties.
Managing Partner Performance
Now that 2009 has come to an end, law firms are breathing a sigh of relief and looking forward with hopes of a better year to come. As with any year-end, it is also time to dole out partner compensation, and many firms are hoping they were able to stem the lack of demand for legal services with cost-cutting measures to keep their profits per partner above an acceptable threshold. One interesting observation is that although many firms evaluated their employees and their performance relative to saving the bottom line, an in-depth view of partner performance was by and large ignored.
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Planning for a Successful 2010
As a participant in a law firm, you should be thinking about what you can do to contribute to the success of the firm on a frequent basis. Whether you are the managing partner, a practice group leader or an associate, your daily, weekly and monthly activities should contribute not only to your personal goals, but to the firm's goals as well. In addition, your goals should include those related to current clients, potential clients, marketing and firm administration. The following are some important goal-setting techniques and some examples you should keep in mind throughout the year, not only to make sure you are growing personally, but also to make sure you have contributed to the overall growth of the firm in a meaningful way.
Credit (Bid) Where Credit's Due
This two-part article focuses on two issues that are the subject of recent court decisions. Herein: a majority group of secured lenders under a credit facility "dragging along" the minority group into a credit bid under ' 363(k).
<b><i>BREAKING NEWS:</i></b> New York Senate Says No to Same-Sex Marriage
By a margin of 38-24, a Bill to legalize same-sex marriages in New York was voted down on the afternoon of Dec. 2. The Bill was sponsored by Thomas K. Duane and endorsed by Gov. David Paterson.
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<i>Online Exclusive:</i> A Big Day for Bilski and Warsaw
As the prognostications of potential outcomes for this case continue over the next several months, it may be wise to recognize that regardless of the outcome, there will always be some degree of uncertainty regarding the limits of patent eligibility. Consequently, the best corporate patent strategies should address and accommodate those uncertainties. While this article describes some of those possible strategies and perspectives, it is far from exhaustive and obviously does not necessarily represent the opinions of its author, his firm, or its clients.
The 'On-Sale' Bar After <i>Pfaff</i>
<i>Pfaff v. Wells Elecs., Inc.</i> is widely recognized as a milestone in the annals of patent law for providing direction as to how courts are to analyze and apply the statutory "on-sale" bar to the granting of patents. This article explores how the Federal Circuit has applied Pfaff in more recent cases.
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Why IP Lawyers Should Be Thinking About Reputation
Changes in the business environment for law, and IP law in particular, have prompted many IP-based practitioners and executives to seek opportunities that leverage their deep understanding of IP, the process of innovation, and the value of intangible assets. It is therefore both fitting and proper that <i>Patent Strategy & Management</i> feature an article that addresses this search.
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<i>Lucent v. Gateway</i>
On Sept. 11, 2009, the U.S. Court of Appeals for the Federal Court issued an opinion in the case of <i>Lucent Technologies Inc. et al. v. Gateway Inc. et al.</i> In its ruling, the CAFC found that "the damages evidence of record was neither very powerful, nor presented very well by either party" and that the plaintiff's damages calculation "lacked sufficient evidentiary support." The CAFC therefore vacated the district court's award and remanded the case for a new trial on damages.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
