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Movers and Shakers
Information about the advancement of lawyers in the patent profession.
Selecting Experts in Patent Cases: A Few Simple Considerations
Last month's installment discussed the necessity of analyzing whether experts are required, allowed, and qualified; Daubert considerations; and issues pertaining to 'skeletons in the closet.' The conclusion of this series addresses knowing why you hire an expert, whether an expert will be persuasive with the finder of fact, and agreements on scope of discovery.
USPTO Accelerated Examination: A Pre-Litigation Strategy
This article explores the advantages achieved by using the USPTO's Accelerated Exam procedure as a pre-litigation strategy.
The Securities Act of 1933: Assessing and Managing IP Liability
Given the potential liability exposure established under the Securities Act of 1933, it is becoming increasingly important that a company's internal management and outside advisers thoroughly understand the IP-related risks associated with the realization of corporate value.
Federal Circuit Clarifies Standard for Direct Patent Infringement Involving Multiple Parties
This article discusses the Court of Appeals for the Federal Circuit's recent decision in <i>BMC Resources, Inc. v. Paymentech,</i> which clarified the standard for direct infringement where multiple parties are involved in performing steps of a method claim.
Settling the Tab for Entertainment Expenses
The conventional wisdom is that only 50% of the cost of routine meal and entertainment expenses is deductible. However, law and other professional service firms that spend a significant sum on these items should be aware of instances where they are fully deductible. Financial advisers can help find them.
Dealing with Merger Financial Data
When two law firms undertake merger discussions, they eventually exchange financial information. Typically, this exchange is anticipated from both a curiosity standpoint as well as a practical standpoint. Ultimately no merger will occur if it does not make good economic sense; therefore, critical financial review is essential.
Helping Associates Transition to Partnership
Unfortunately, many firms fail to prepare their associates for the change in financial status that will occur upon their election to partnership. As a result, they can be distracted by financial concerns, and much of the goodwill generated by their elevation to partnership is lost. At the same time, those firms that prepare their associates for the change and lend a helping hand in the transition develop strong loyalties and better long-term partners.
Bracing for Troubled Waters
A primer on how to manage your firm during an economic downturn.
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MOST POPULAR STORIES
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- The Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›