On April 12, 2006, the Federal Trade Commission ('FTC') published in the Federal Register (Business Opportunity Rule 71 Fed. Reg. 19054 (proposed April 12, 2006) (to be codified at 16 CFR Part 437)) a Notice of Proposed Rulemaking for the FTC's long-awaited business opportunity rule ('Bus Opp Rule'). The Bus Opp Rule will cover business opportunity sellers who now are covered by the FTC's franchise trade regulation rule ('Franchise Rule'), as well as sellers of certain business opportunities who are not now covered by the Franchise Rule. The FTC has long believed that the same regulation was not the best way to regulate both business opportunity sellers and franchisors. More specifically, the FTC has concluded that each group's special characteristics (such as history of consumer protection problems, sophistication of its target purchasers, required investment commitment, and complexity of business system) required a different regulatory approach. The Bus Opp Rule is designed to create a regulatory scheme to focus on the special characteristics of business opportunities. Until the Bus Opp Rule is promulgated, business opportunity sellers must continue to comply with the current and, if and when adopted, amended Franchise Rule.

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

The Supreme Court has recently abolished the presumption that a patent confers 'market power' on the patent owner, ending the presumption of antitrust liability arising from the conditioning of a patent license to the purchase of unpatented articles. <i>See Illinois Tool Works v. Indep. Ink, Inc.</i>, 126 S. Ct. 1281 (2006). As discussed below, this decision will have wide-ranging implications to the field of patent licensing, where fear of antitrust liability has tended to dampen the creativity of patent license schemes.

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Just recently, two great 'little' books were sent to me that I believe bear reviewing. The first is <i>The Essential Little Book of Great Lawyering</i>, by James A. Durham, currently the Chief Marketing Officer at Ropes &amp; Gray in Boston. The second is <i>Business Competency for Lawyers</i>, by our Board member, Edward Poll, Principal of The LawBiz Management Company in Venice, CA.

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Our experience working with attorneys and law firms tells us that the pressure to develop new business is on the rise. It is no longer good enough to be an excellent attorney; you are now expected to develop new business as well. Many attorneys that we coach want to develop more business; they are just not sure how to do it, or where they will find the extra time.<br>We've found that skilled and well-networked attorneys can utilize several methods to grow their business without taking much time away from billing clients. Some of the methods may initially be a challenge, but if you can move out of your comfort zone and learn some of these new techniques, you will have increased success in developing business.

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This month, Jaffe's insiders look into Crain's Chicago Business. This business magazine, with a circulation of over 50,000 readers and over 125,000 registered users, has served as a source of local business news and information to Chicago's most influential business and legal executives for more than a quarter century. Crain's Chicago has sister publications in Cleveland, Detroit, New York and Mexico. Each of the Crain's business publications operates distinctly in the sphere of its home city, yet they share a similar look and interest.

It takes a lot of effort and funds for a law firm to recruit and train its attorneys. If they stay for a sufficient period of time, improve their professional skills and start to bring in new business, the firm is likely to see a nice return on its investment.<br>These days, however, lawyers at some point typically leave the place that gave them their start; unlike days gone by when lawyers typically would stay at a firm for their whole professional careers. Today, they may go to a competitor firm, to a smaller firm, in-house or to a business that may or may not be a client of the firm. Yet, this does not necessarily mean that a law firm should just write off the time and money it spent on developing its former lawyers. Rather, as increasing numbers of law firms are coming to understand, a firm's former attorneys can play an important role in the firm's marketing and client development activities. To tap that resource, many law firms are creating alumni programs or are formalizing or expanding the basic elements of alumni programs that they already have in place.

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Whether you service public, privately held or non-profit clients, the most direct path to marketing results is to affiliate with aggregations of prospects in their industry associations. The caveat is, however, that you must attend regularly and take a leadership role ' join a committee, participate on a task force or event ' so that you become known as a trusted partner. Referrals will happen.