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Technology in Marketing: An Experience Management Solution

September 29, 2008

A recent ACC Corporate Counsel survey reports that a lawyer's expertise is the single most important criterion when it comes to choosing new outside counsel. As a result, firms that are unable to quickly prove experience and expertise risk losing business and face competitive disadvantages. Here's what to do.

When and How Can Departing Lawyers Contact Clients?

September 29, 2008

The article herein addresses the related questions of when and how can departing lawyers contact clients in an ethical manner.

Law Firm Intelligence: Seven Research Resources You Need to Know

September 29, 2008

Adding free and low-cost publicly available resources to the researcher's menu of options will not only lower the overall costs of research, but will also enable the researcher to provide answers to a broader range of questions. Here are some suggested sites to use.

Professional Development: A Guide to Connecting with Potential Clients

September 29, 2008

Following are a few tips that will help you feel prepared and confident in potential business development situations.

The Place to Network: Transition Networking Strategies for Female Attorneys

September 29, 2008

A look at various up-to-date options for female attorneys.

Career Journal: Recruiting Redux: 'It Takes a Village'

September 29, 2008

While most industries recruit young talent in an organized fashion, the legal profession takes it to a whole other level. This race for talent is akin to speed-dating forums where would-be soul mates have just a fleeting moment to size up someone they may very well spend the rest of their lives with. Here's how to fix it.

Using Unbeatable Results to Generate New Business

September 29, 2008

Peter H. Klee is the biggest rainmaker at Luce Forward in San Diego, bringing in between $10- $15 million each year, and his insurance litigation practice continues to grow at a rate of 10% per year. Here is a portrait of an unbeatable record: No client represented in court by Peter has ever been found liable for breach of insurance contract, bad faith or any other tort.

Muniauction v. Thomson

September 29, 2008

The Muniauction v. Thomson decision illustrates the Federal Circuit's application of the Supreme Court's decision on obviousness in KSR Int'l Co. v. Teleflex, Inc. and confirms the Federal Circuit's own decision on "joint or divided" infringement in BMC Resources, Inc. v. Paymentech.

Lessons Learned from a Gum Licensing Agreement

September 29, 2008

More than a decade after the license agreement between The Topps Company and Stani expired, the question of who owns the rights to manufacture and distribute the original Bazooka' bubble gum formula in South America is still unresolved.

Six Strategies to Protect Clients Against IP Theft

September 29, 2008

This article outlines strategies for protecting clients against IP theft.

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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The 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.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This 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.
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The DOJ's Corporate Enforcement Policy: One Year Later
The 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.
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Current Issues In Enforcing Judgments Against LLCs
When a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.
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The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation
While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.
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