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Ample legal authority upholds the right of intellectual property owners to arbitrate their differences. (See part one of this article published in April 2004.) Indeed, arbitration providers, such as WIPO and the AAA, report an increased caseload for intellectual property disputes. What should counsel and parties consider in choosing arbitration as a means of settling their intellectual property disputes? What are the considerations for drafting arbitration agreements?
Features
Highlights of the latest intellectual property news and cases from around the country.
A Chinese proverb states: "Learning is a treasure that will follow its owner everywhere." This proverb clearly applies to law firm administrators, due to the ever-increasing complexity of law practice management and the competitive pressures facing today's firms. Experienced and well-educated professional managers are being sought out in increasing numbers by firms of all sizes to assume responsibility for the administrative management of the enterprise. The field of legal administration has therefore continued to grow and evolve, as evidenced by the 9500-member Association of Legal Administrators. <br>Fortunately, there are a number of higher learning opportunities for legal professionals, and this article explores three of them.
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<i>A&FP</i> is pleased to share with readers this newly covered topic in the forthcoming ABA-published book, <i>Anatomy of a Law Firm Merger, 3rd Edition</i>.
Features
In the decades since <i>Fortune</i> magazine's landmark ranking of the nation's wealthiest corporations (during the Great Depression, of all times), the passion for ranking in our business and general cultures has grown to what can well be described as an obsession. Almost 20 years ago, law firms were finally drawn into economic ranking ' or rather, reportedly, were dragged into it kicking and screaming ' by the AmLaw listings, published by American Lawyer Media, the parent corporation of this newsletter. <br><i>A&FP</i> readers should be able to guide their firms in how to contribute and use ranking data fairly and wisely. To that end, the following article excerpts and <i>A&FP</i> author commentaries assess the challenges of law firm ranking.
Highlights of the latest Product Liability cases from around the country.
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For more information about The Food and Drug Administration's (FDA's) approval for drugs, medical devices and biologics, visit http://www.fda.gov/. The…
The often-overlooked offer of judgment rule — Federal Rule of Civil Procedure (FRCP) 68 — may be a valuable tool for defendants if carefully employed. An offer of judgment's primary benefit is its obvious risk-shifting effect. Rule 68 forces plaintiffs, particularly small plaintiffs, to proceed cautiously in the face of mounting costs and uncertainty.
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In 2002, the federal district courts began to accept electronic filings. Now, at least one court is making electronic filing mandatory. By May 1, 2004, attorneys practicing in the Western District of Washington must register for electronic service of documents and by June 1, 2004, electronic filing will be mandatory. The Western District of Washington is ahead of the curve, in part, due to its responsibility for the multidistrict litigation ("MDL") regarding phenylpropanolamine ("PPA"), motivating the court to find ways to become more efficient and provide better access to dockets and filings. Other courts are sure to follow, and it is well worth a few minutes of your time to become familiar with the system.
Expert testimony 'can be both powerful and quite misleading' because of a jury's difficulty in evaluating such evidence. — <i>Daubert v. Merrell Dow Pharm., Inc.,</i> 509 U.S. 579, 595 (1993). Expert testimony is an integral part of products liability litigation. As the excerpt above articulates, expert testimony is powerful and its importance should not be underestimated or trivialized. Selecting an expert who can simplify the issues for the fact-finder, yet maintain his or her composure under cross-examination, is a difficult and time-consuming process. In short, because your expert's credibility is critical to the success of your case, you need to understand the rules of engagement at the outset.