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DIVERSITY DOES NOT MEAN "PREFERENCES
August 22, 2008
DIVERSITY DOES NOT MEAN "PREFERENCES": In my last post, I described a very surprising reaction from a well respected AGC about diversity meaning preference. Again, I do not believe he is racially or gendered biased. But he appears not to be receptive to the message that diversity and business development consultants deliver about the need to foster a nurturing environment that will increase female and minority retention rates. He believed that diversity initiatives involve preferences.…
IS DIVERSITY A PREFERENCE OR A VALUE ADDED? II.
August 15, 2008
A SURPRISE EXAMPLE - Recently, I was genuinely surprised by a most well respected Associate General Counsel of a global corporation. This lawyer was huffing and puffing because his colleague at a competitor company had received an accolade from the local newspaper praising her as one of the tope in-house counsel in the region. The award itself as well as the press coverage focused in large measure on her outstanding record in recruiting women and…
test
August 12, 2008
By Kelly Young he practice of "search" as part of electronic discovery is evolving before our eyes. Suddenly, what was once deemed industry standard is insufficient. Keyword search, the legal profession's preferred method for sifting through large collections of electronically stored information ("ESI") in order to find relevant or privileged information, had been widely accepted by courts and the legal community because its effectiveness was assumed and unchallenged. …
I COULD LEARN A LOT FROM YOU <i>What Can Product Marketers Teach Us?</i>
August 04, 2008
It's been suggested by several readers that our orientation toward professional services marketing, as opposed to product marketing, is a prejudice. Admittedly, it's at least a bias against a pervasive academic view that the techniques of marketing a product apply equally to marketing a professional service. And indeed, the most successful professional services marketers tend to look to other professional services firms for answers and the best ideas, as well as for validation of their own ideas and processes. Still, it would be foolish to automatically preclude any idea that's been forged in a marketplace of ideas. In a rational world, we take ideas from any reasonable place, accept the good ones, and eliminate the ones that are bad or not applicable. That means that are things to be learned by professional services marketers from the Toyotas and Microsofts and Dells of the world.
Case Notes
July 31, 2008
Highlights of the latest product liability cases from around the country.
Does the FDAAA's Data Dump Compute? The Potential Impact of the FDAAA on Product Liability
July 31, 2008
This article describes some of the Food and Drug Administration Amendments Act of 2007 provisions related to the expansion of information disclosure and discusses the potential effect of the provisions on product liability exposure.
The Impact of New Vehicle Technology: Reaffirming Parental Responsibility in Automotive Safety Cases
July 31, 2008
Product liability litigation sometimes arises when children are injured in and around motor vehicles ' whether it involves a moving or non-moving vehicle. When evaluating responsibility, the acts, omissions, and fault of the caregiver, parent, or person responsible for the child must be considered. In defending this type of litigation, evaluating such responsibility is part of the overall analysis of the design and performance of the motor vehicle and whether having different or additional safety technology would have made a difference or resulted in a different outcome.
A Primer on Counterfeit Products: What Should A Company Consider?
July 31, 2008
What duty, if any, do companies have to police the marketplace and protect consumers against dangers arising from counterfeits? These counterfeits, a number of which are manufactured in China, are generally of a much lower quality and are manufactured without appropriate QA/QC mechanisms that many large companies have in place.
Reading Patents in Depth
July 31, 2008
The first installment of this article discussed 'active' reading; understanding the structure of a patent publication; and understanding why certain words were used and others were not. This conclusion addresses how to obtain technical information.
Patent Application Foreign Filing Licenses: Export Control for Sensitive Technologies Described in Patent Applications
July 31, 2008
To protect national security, some countries require patent applicants to obtain a foreign filing license prior to filing a patent application abroad. The grant of a foreign filing license provides a governmental stamp of approval that the technology described in the patent application is available for export.

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