LJN Newsletters

Music Industry Trade Group Targets Colleges
Judge Says MySpace not Liable for Alleged Sexual Assault on Girl

Although online blogging has gone mainstream in some professions, there's one group of people mostly absent from the blogosphere: the in-house bar. That said, a few in-house blogs do exist, and their numbers are growing steadily.

The Internet has presented numerous challenges to the music industry. Unlicensed digital downloading has been at the top of the list for several years. More recently, the use of music on viral-video Web sites has produced a new set of challenges. Three of the four major record labels have struck content deals with mega-viral-video site YouTube, as have two of the three major TV networks. But music publishers haven't been involved in significant direct viral-video-site negotiations.

In drafting a U.S. patent application, the patent applicant may refer to a prior publication to aid in describing the background or some other facet of his or her invention. The applicant may incorporate this prior public information expressly into the specification of his or her application, or as a shortcut may incorporate this information by explicit reference. This seemingly innocuous shortcut may be a useful tool for the patent applicant or patentee; however, patent infringement litigants — whether plaintiff or defendant — should be keenly aware not to overlook subject matter that has been incorporated by reference either in the patent at issue or in relevant prior art when validity of the patent is challenged.

In today's complex law firm business environment, one might ask, what is Mark or Mary's magic? How do they bring in so much business? How do they make those deals happen? To ensure the long-term 'harvest, life, health and abundance' for the firm, one must ask whether the magic of rainmaking can be developed in new associates, seasoned lawyers or law firm executives.

Today, the pervasive role that technology has assumed in business and legal practice, as more and more of our daily lives are lived online, provides a more fundamental challenge to how attorneys practice business law. In an age when 'paper file' has become an anachronism and an oxymoron, business law and the way it is practiced have required more than just tinkering with particular rules.

Achieving success in your business development efforts takes a great deal of goal setting and planning. Would you begin working on a matter without planning for the outcome you would like to achieve? When you think about the successes in your life, did they mostly occur by accident, or did you plan and work hard toward a goal? Our guess would be that most of the successes in your life came to you through your hard work and planning, and sometimes even with some sacrifices. Successful business development occurs in much the same way.

Most client service improvement initiatives fail to produce sustained results. While such a statement may seem harsh, I think that most would agree with it, based on their own experiences. After investing significant amounts of time, effort, and money in service improvement initiatives, most organizations do not attain the sustained results they were hoping for. Failure is usually not due to a lack of creativity or resources, but most often the result of a lack of long-term commitment to the hard work that sustainability requires.