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The Ninth Circuit, in a case of first impression in that circuit, recently adopted the long-standing policy of the U.S. Patent and Trademark Office's ('PTO') Trademark Trial and Appeal Board ('TTAB') that 'use in commerce only creates trademark rights when the use is <i>lawful</i>.' <i>CreAgri Inc v USANA Health Sciences Inc.</i>, 474 F.3d 626 (9th Cir. 2007). The Ninth Circuit in <i>CreAgri</i> noted that 'at least one [other] circuit has adopted and applied this rule. <i>See United Phosphorous, Ltd. v. Midland Fumigant, Inc.</i>, 205 F.3d 1219, 1225 (10th Cir. 2000).'
Big law firms are snatching up qualified graduates as quickly as law schools can churn them out. And with those schools graduating about the same number of students each year, some observers say the tightest squeeze is on midsized firms, those with 150 to 350 attorneys that also want a steady, though smaller, supply of associates each year.
Humor through cartoons can have a greater impact if strategically placed. This article touches upon some important factors when considering these special forms of illustrations for your next PowerPoint presentation.
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Can asking your clients questions be the answer to increased business? We recently attended a legal marketing workshop in Philadelphia, and the main topic of conversation revolved around retaining clients, and what clients believe is important in their choice of attorney or law firm. We were not surprised to find that there is a huge disconnect between what clients are looking for in their choice of attorney, and what they believe they are receiving from their current law firm.
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Holland & Hart 'marketing guy' Mark Beese uses a combination of public relations and advertising to set the stage for business development. The doors open on new client relationships when potential buyers are familiar with the firm's capabilities and reputation in the legal marketplace.
Why do so many lawyers know so little about the economics of practicing their profession? Not surprisingly, it's because their law school education did not address any of the business aspects of practicing law. So most young lawyers join law firms with little understanding of how they operate and without a clue as to what it takes to make a law practice successful and profitable. Many lawyers, especially those who join large firms, manage never to master these concepts ' and in many cases work hard at avoiding them.
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The objective in giving feedback is to enhance performance by supplying information to guide the individual toward the level and quality of work that is expected. This article contains seven steps to effective and useful feedback sessions.
A long accepted and familiar concept in Anglo-Saxon countries, whistleblowing, for cultural and historical reasons, has proven to be a rather unwelcome legal obligation. France's total opposition to whistleblowing has softened over time and has been accompanied by a greater understanding and appreciation of its implications. Nevertheless, strong pervasive principles of French law continue to govern this domain.
Features
In a substantial win for businesses, the U.S. Supreme Court recently issued a decision imposing strict requirements for lawsuits by private whistleblowers. Under the federal False Claims Act, once allegations of fraud are publicly disclosed, a relator (as citizen-plaintiffs are called) may bring suit on the government's behalf only if the relator is an 'original source.' In <i>Rockwell International Corp. v. United States</i>, the Court rejected the notion that a relator need only have knowledge of background facts about alleged fraud, even if those facts preceded the fraud. Instead, the Court held that a relator must have direct and independent knowledge of <i>the specific misconduct for which liability is actually imposed.</i>