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Features

Ancillary Businesses Losing Appeal

Lynne Marek

Law firms once dreamed of owning separate businesses to bring in new streams of revenue, and while some achieved that goal, the industry is now largely backing away from a strategy that provided little economic benefit.

Features

Guiding Expenditures on Law Firm Videos

Gina Passarella

Videos are popping up increasingly on firm Web sites, but at least one analyst warns that law firms might be paying too much for too little.

Features

Accepting the OMP Role: Financial and Practice Impacts

Zusha Elinson

If gratitude is measured in dollars, office managing partners ('OMPs') are a bit taken for granted. In an informal Recorder survey of San Francisco Bay Area office managing partners, 70% say they work more than when they practiced law exclusively. But only 22% say they are earning more than before they took the post.

Features

Waiver of Attorney-Client Privilege and Work-Product Protection: Proposed New Federal Rule of Evidence Is under Consideration

Beth L. Kaufman & David Black

At its Sept. 18, 2007 meeting, the Judicial Conference of the United States approved a proposed new Federal Rule of Evidence regarding waiver of attorney-client privilege and work-product protection. Because Rule 502 is a rule dealing with privilege and because the Rule would govern state courts regarding certain issues, the Rule must be enacted directly by Congress. Accordingly, at press time, the Judicial Conference will now submit the Rule to Congress, which will vote 'yay or nay' by no later than December 2007. If Congress approves the new Rule 502, the Judicial Conference will transmit the Rule to the U.S. Supreme Court by Dec. 18, 2007, keeping it on the path to be enacted on Dec. 1, 2008.

Features

Movers & Shakers

ALM Staff & Law Journal Newsletters

News about lawyers and law firms in the commercial leasing industry.

FIN 48: Accounting for Uncertain Income Tax Positions

Peter H. Gruen & Lindsay M. LaCava

This article provides a brief overview of the two-step, benefit-recognition approach implemented by FIN 48, a summary of the disclosures required by FIN 48, and a discussion of issues associated with protecting FIN 48 compliance documentation from disclosure to taxing authorities.

Update on Lawyer Retirement Perspectives

James D. Cotterman

In the newly released Altman Weil Flash Survey on Lawyer Retirement, only 38% of lawyers agreed with the enforcement of mandatory retirement provisions in law firms. However, 50% of respondents reported that their firms currently have mandatory retirement policies. These findings may encourage more discussion and possibly policy changes in U.S. law firms.

Features

IP News

ALM Staff & Law Journal Newsletters

Highlights of the latest intellectual property news from around the country.

Features

Survey Power

Alex Simonson

Courts and lawyers should pay particular attention to survey findings such as there is 'no likelihood of confusion,' 'there is no likelihood of dilution,' and ensure that the power of the test is high to rely on such conclusions. Anytime a commissioned survey indicates 'no effect,' in addition to issues such as question clarity, randomness of the sample, and other methodological issues, there is the additional critical issue of statistical power.

Features

Version 3 of the GNU General Public License: Major Changes for Open Source Software Licensing

William I. Schwartz, Paul E. Jahn & Aaron P. Rubin

This article discusses the main changes to new version of the GNU General Public License, GPLv3. The new version is the result of extensive public comment and heated debate, and could have far-reaching effects on the use of open source software. GPLv3 is the successor to GPL version 2 (GPLv2), first published in 1991, used extensively today, and among the most popular open source licenses available.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most 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.
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  • In the Spotlight
    On 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 &amp; 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.
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