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Do You Give Samples?
Every so often, in a particular area of a professional practice, somebody gets the bright idea to give samples ' to give a half hour of free advice as a way to entice a prospective client to ask for more. Two questions arise. Is it ethical? Is it good marketing? The unqualified answer to both is ' it depends.
BUSINESS DEVELOPMENT REQUIRES AN UNDERSTANDING OF BUSINESS
BUSINESS DEVELOPMENT REQUIRES AN UNDERSTANDING OF BUSINESSJ Relationships lead to successful legal sales. The annual 2009 Inside Counsel Survey on Legal Department Operations builds on the importance of understanding business. The survey found that the top three attributes that in-house counsel find most important to managing their departments are business acumen, legal department knowledge and financial acumen. Relationship building and gaining an understanding of a client or prospect's business are areas of law selling that aren't often fully explored.
<i><b>Online Exclusive: </b></i> Craigslist/eBay Trial Ends; Judge Hints at Settlement Talks
At the close of a nearly two-week nonjury trial between Internet titans eBay Inc. and Craigslist, Chancellor William B. Chandler III hinted that the companies might consider settlement talks because a ruling from the judge could "make everyone unhappy.
Bit Parts
Country Artist's Bankruptcy Filing Not in Bad Faith<br>Permanent Injunction Against File-Sharer Tenenbaum Is Limited, But Judge Details Criticism of Fair Use Defense
Practice Notes
Vivendi Counsel on Merger Between NBCU and Comcast<br>General Counsel for Live Nation Describes Team
Counsel Concerns
Knowledge of Royalty Settlement Starts Malpractice Limitations Period
Interpreting FTC's New Endorsement Guidelines
This series examines changes to the Federal Trade Commission guidelines for product endorsements and testimonials. The revised new guidelines took effect Dec. 1, 2009.
No Tolling for Filing of Copyright Counterclaim
The U.S. District Court for the District of Puerto Rico ruled that statute-of-limitations tolling available for "compulsory" counterclaims didn't apply to a copyright co-ownership counterclaim that failed to arise out of the same operative facts as the plaintiff's copyright co-ownership suit. The counterclaim thus was time-barred.
Examining the 'Harmless Errors' Provision for Copyright Termination Notices
Record labels fear the ticking clock that will allow recording artists to terminate post-1977 sound-recording assignments beginning in 2013. That's because '203 of the U.S. Copyright Act provides for a grantor's recapture of assigned copyrights during a five-year period beginning 35 years after publication or 40 years from the assigning of a work. The termination right applies beyond sound-recording copyrights. Pre-1978 copyright assignments may be recaptured under 17 U.S.C. '304(c) during a five-year period that begins 56 years after the copyright in an assigned work was initially procured
Evidence on Social Networking Sites
Social networking sites offer an abundance of exculpatory and impeaching evidence that may not be obtainable without some undercover detective work. Unfortunately, discovery rules and ethical guidelines have not kept pace with the digital sprawl of MySpace and Facebook. In the absence of explicit direction from the Rules of Professional Conduct and the laws governing online behavior, flying a false flag in these uncharted waters may be hazardous.

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