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This article will help companies and their employees prepare for and, if necessary, deal with, a surprise interview by government agents conducted as part of an investigation of an allegedly defective product.
It is well documented that government bodies are scrutinizing companies' promotional efforts, particularly marketing of products for unapproved uses, commonly referred to as 'off-label promotion.' Of course, it is important for any company to consider the regulatory implications of disseminating off-label information. However, it is shortsighted for companies not to consider potential product liability implications of off-label promotion.
Part One of this series discussed the following forms of the business opportunity model of patent monetization: 1) outright sale of the patent; 2) exclusive field-of-use licenses; and 3) nonexclusive licenses and transfer of know-how. This month's installment addresses corporate transactions and various investment and financing vehicles.
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Tension concerning the duty-of-care standard has continually mounted as courts have wrestled with the scope of the waiver of the attorney-client and work-product privileges when litigants asserted an advice-of-counsel defense. More recently, several district courts extended the waiver to trial counsel, further presenting considerable obstacles when defending a claim of willful infringement. It is in this environment that the Federal Circuit decided, sua sponte, that it should reconsider the duty-of-care standard and the waiver issues associated with the advice-of-counsel defense.
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As discussed in detail in this two-part series, the final rule places a number of restrictions on various aspects of patent practice. This first installment examines the final rule as it relates to continued examination filings.
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Today's bills are as thick as case files, and at least as detailed. Concerned over what lawyers are doing with their time and who's working on a matter ' whether to track diversity or to keep expensive but inexperienced first-year associates off the case ' clients demand exhaustive accounting from their outside counsel.
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Before beginning any new venture, family and friends frequently caution that 'starting something new is never easy.' This phrase is particularly true for law school graduates seeking to embark on the next phase of their careers. While some are transitioning out of one industry and into the legal field, others are entering the work force for the very first time. Understanding this phenomenon, many firms have developed Orientation/Integration programs to ease the transition from law student to practicing attorney.
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Part One of this series set forth tips for handling a crisis that will resolve in a timely manner and will not be the downfall of a firm. This month's installment addresses clients in crisis.
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In the summer of 2006, Major, Lindsey & Africa, the international legal search/recruiting firm where I am a partner, sent a survey to 5622 lateral partners in 647 law firms to assess their overall satisfaction and to identify the key factors affecting satisfaction; the firm received more than 1000 responses. Women comprised approximately 17% of the original pool of targeted candidates and 15% of the respondents who identified themselves by gender. This percentage is low primarily due to the lack of women partners.
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Engagement letters in the big law firm are like death, taxes, and timesheets. You can't live with them. You can't live without them. On the one hand, while many practitioners may not realize it, engagement letters are part of the attorney-client contract that defines the relationship between the parties. This article identifies the general ground rules regarding engagement letters, the bells and whistles that such letters can contain for the good of the law firm, and the problems that can arise when lawyers don't pay attention to or fail to follow to the letters.