Last month's newsletter contained an article on The Cape Town Convention on International Interests in Mobile Equipment ("Cape Town" or "CT") and the related Aircraft Protocol ("Protocol" and together with CT, "the Treaty") www.unidroit.org/english/conventions/mobile-equipment/main.htm) The Treaty is expected to raise many questions and present new risks before and after its expected effective date early in 2006. How do you answer these questions and prepare for the day the Treaty becomes effective? What options are available to a diligent and responsible lender, seller, buyer, lessor or lessee? How does one answer many of the questions posed in the October newsletter article? Two potential solutions lie in obtaining quality legal opinions and/or title insurance covering Cape Town risks.
- November 02, 2005David G. Mayer and Frank L. Polk
Unlike consumer lenders and real estate mortgage brokers, lessors of business equipment have generally enjoyed freedom from state licensing requirements. A survey of state laws presented at this year's Equipment Leasing Association Legal Forum, however, has revealed that certain state licensing requirements do exist for commercial lessors, especially where motor vehicle leasing is concerned. This article describes certain of these requirements and highlights some of the areas in which there are statutes pertaining to licensure; the reader is advised to check the law in each state where he or she is doing business and never take freedom from licensing for granted.
November 02, 2005Barry S. Marks, Mark I. Rabinowitz and Shlomo TroodlerPreconceived opinions, or prejudice, by inventors and clients can have a significant impact on the filing of patents and the development of intellectual property ("IP") strategy. Here we are talking about opinions that are formed without just grounds or before sufficient knowledge about a subject is obtained. This prejudice is common, ranging from the most basic tasks that IP professionals routinely handle to subtle prejudice in strategy development that goes undetected and that can permeate and derail the success of the technology development. It is useful to identify some of the types of these opinions and how IP professionals might handle them.
November 02, 2005H. Jackson KnightTo model a multi-litigation enforcement let us play a simple game. The rules of the game are as follows: There are 10 closed boxes in front of us. There is a $10 bill on top of each box. For each box, there is a 50% chance that there is a $100 bill inside the box. We have two options with each of the boxes: 1) to play the game, which entails setting aside the $10 bill on top of the box and opening the box or 2) passing, which entails collecting the $10 bill on top of the box but leaving the box unopened. If we choose to play by opening the box and if there is a $100 bill inside, we can collect it and move to the next box. However, if the box is empty, the game is over and we do not get to play other boxes. The goal is to collect the maximum amount of money. What is the optimum strategy?
November 02, 2005Alexander I. Poltorak, Ph.D.Companies in many different fields ' not just information technology ' are concerned about how to best protect their software technology. Changes in the legal landscape for the protection of computer software have resulted in a veritable avalanche of patents geared toward software-related inventions. This has caused some concern among policymakers, and has increased anxiety for software developers and distributors looking for a cost-effective way to protect their technology. Here are answers to some basic questions for those looking to protect their software in this new environment.
November 02, 2005William R. Haulbrook, Ph.D.In an interesting contradiction, the number one technique to generate more new business is also the concept that makes attorneys the most uncomfortable. Throughout the years, numerous studies have shown that the most effective way for attorneys to develop more business is through referrals, specifically referrals from other attorneys. Typically, referrals come from three sources: 1) other attorneys; 2) strategic partners; and 3) current clients.
November 02, 2005Chuck Polin and Evan PolinBrown Raysman faces unique and interesting challenges. One of them is how to optimize ROI with a marketing budget of a midsize firm competing against firms three or four times its size, while still meeting the overall goal of greater recognition.
November 02, 2005Elizabeth Anne "Betiayn" TursiIt's easy to take phone calls casually. You can make them from your home, in your pajamas, while watching your kids, or from the office while reading your…
November 02, 2005Olivia Fox CabaneFor large and small firms, regardless of practice area, use of the Internet to attract new business can be one of the most productive and efficient forms of business development. Internet marketing ' Web sites, search engine ranking, e-mail campaigns, and the like ' is targeted, operates on a wide geographic scale, and can produce valuable leads while the lawyers are generating billable hours, vacationing, or doing other activities.
However, because it is a relatively new medium for law firm marketing, effective use of the Internet is not widespread. There are many myths and misunderstandings about how it works and what will succeed, and what the future holds. Here is a list of some of the best ways to fail at Internet marketing.November 02, 2005Jason P. LisiWhen law firms merge with one another, one of the more significant front-line issues is "Which firm's technology will survive?" When there is a merger (buy-out) by a large firm of a much smaller law firm, the answer seems obvious. But, when there is a merger of equals, or of larger firms (even if not equal in size), the answer is not so clear. And where there is a merger of small firms, things get murkier still.
What may be worse is that frequently, the question is not even considered before it is too late to make a smooth transition.November 02, 2005Edward Poll

