Features
Ask the Coach
This month's question:<BR>We're an IP boutique. Many of our partners are in the enviable position of literally not being able to take on any more work. How can I keep them involved in our marketing effort?
Branding: Enhancing Successful Legal Marketing
The efficacy of branding law firms has been a topic of considerable debate. At root, the discussion lays bare an interesting and fundamental question ' are law firms really something greater than the sum of their parts? On one level, any organization that isn't completely dysfunctional adds something to the individuals of which it is comprised. Getting from that simple human statement to branding, however, requires buy-in to another, related concept.
Features
The Legal Marketplace Branding Roundtable
Branding: Is it the legal marketplace buzzword for the twenty-first century or is there really something to all of this? On October 19th Law Journal Newsletters Marketing The Law Firm hosted a Roundtable in its offices in Philadelphia. We decided to give branding its due by bringing together a panel of experts: Burkey Belser is President and Creative Director of Greenfield Belser Ltd. with offices in Washington, D.C. and Boston; Dr. Mark Greene is the Managing Director of The Brand Research Company with offices in Washington, D.C. and Boston; Douglas C. Kramer is the Chief Marketing Officer of Drinker Biddle & Reath LLP, Philadelphia; and Edward M. Schechter is the Chief Marketing Officer of Duane Morris LLP, Philadelphia.
Features
Hotline
Recent developments of interest to corporate counsel.
What You Need to Know About Overtime Pay for 'White-Collar Employees'
The Fair Labor Standards Act (FLSA) exempts certain categories of "white-collar employees" from the overtime pay provisions of that statute. Unfortunately for employers, the correct application of those exemptions is difficult and often misunderstood. Even more unfortunate is that the consequences of even innocent mistakes can be extremely costly for employers. That situation has prompted demands for fundamental revisions of the regulations that the United States Department of Labor (DOL) promulgated decades ago to provide criteria for exempting white-collar employees from mandatory overtime pay. Regrettably, that sorely-needed reform appears to be hopelessly ensnarled in politics as the parties position themselves for next year's national election. This article will examine both the proposed changes to these regulations and what employers can do to help protect themselves until change is effectuated.
Features
Protect Your Insurance
Whether in bankruptcy or in liquidation, trustees or liquidators of insolvent corporations look for available sources of cash to pay creditors. Unfortunately for in-house or outside attorneys representing such corporations, director and officer liability policies or professional malpractice policies are identified early on as possible sources of funds for insolvent companies. This article discusses the theories that are typically brought in these cases, and suggests ways to avoid or defend such claims in the future.
Is Your IP Worth Protecting?
Corporate counsel often relay their client's concerns about the importance of zealously protecting their company's Intellectual Property (IP), but do these clients appreciate what that entails or appreciate some of the pitfalls? Consider a few questions: If your company creates something, does it own it? If it owns it, is it protectable and, if protectable, what is the cost to fully protect it? Where should it be protected? Does it have commercial value? The purpose here is to raise the issues that address these questions and which will provide counsel some of the information needed to take a more measured approach when considering their company's IP.
Features
The Bankruptcy Hotline
Recent rulings of importance to you and your practice.
Features
You Need Forensic Technology!
It is almost inconceivable that in late 2003, bankruptcy trustees are conducting financial investigations without the benefit of this expertise. How can any trustee investigate the debtor and uncover assets, accounting and bankruptcy fraud without initiating a digital forensic accounting examination?
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
