<b>Net News</b> Ninth Circuit Text-message Ruling Could Impact Corporate Policies
June 26, 2008
Most employees know that their bosses are usually within their rights snooping on workers' e-mail, but text messaging has been in murkier territory. A federal appeals court sought to clarify matters in a ruling last month by distinguishing between electronic communication that employers store on their servers, or pay someone to store, and communication that is contracted out to third parties.
I'LL FOLLOW YOU ANYWHERE <i>When You Learn How To Lead Me There</i>
June 25, 2008
Gerry Riskin, who is undoubtedly one of the anointed few among clear thinkers, recently sent out a small video (http://www.gerryriskin.com/law-firm-leadership-law-firm-leaders-heres-3-minutes-53-seconds-from-tom-peters.html) of Tom Peters on the subject of leadership. It was an important piece, and certainly worth the few moments it takes to view it. The subject of leadership is intriguing, obviously. There are a vast number of books on the subject, and people in all walks of life seem to spend more time and concern on…
INVISIBLE MARKETING II.
June 24, 2008
INVISIBLE MARKETING II. Last column we startged discussing "permission marketing" by recognizing opportunities given to you by clients and prospects for future client generation. This time we will add two more business development openings. "WHAT'S NEW?", when asked by a past contact or by a good client, opens the way to talk about: * A recent firm success * An highly regarded article written by a colleague * Or asking if they have heard about a…
INVISIBLE MARKETING I.
June 09, 2008
INVISIBLE MARKETING I. is a comcept requiring a sharp eye and ear. It is a component of "permission marketing" where a client or prospect provide you with an opportunity to sell to them. For example, we all know that great work and referrals are the 2 best sources of future business development. But complaints, yes complaints, are another great source of business by building a strong relationship. If a client calls with a problem in…
ANDA Litigation Discovery
May 29, 2008
Patent infringement litigation based on an Abbreviated New Drug Application ('ANDA') presents certain unique challenges to the discovery process. Unlike ordinary patent litigation, little if any information helpful to the patent owner is publicly available. Instead, the patent owner must rely on a well thought out discovery plan to obtain certain information from the ANDA applicant. Suggestions for designing such a plan are presented below.
The Best April Fools' Day Non-Prank
May 29, 2008
On April 1, 2008, Judge James C. Cacheris of the U.S. District Court for the Eastern District of Virginia permanently enjoined rules promulgated by the U.S. Patent and Trademark Office ('USPTO'). News of the federal ruling spread like wildfire among the patent community, quickly leading to e-mails wondering whether the ruling was an elaborate April Fools' Day joke. It was not. Now there are concerns (or hopes) about the implications of the ruling on other USPTO proposed rules as well as the impact Patent Law Reform in Congress could have on the ruling.
Redefining Prior Art Under Proposed Patent Reform Measures
May 29, 2008
This is the first installment of a two-part series on the proposed move from a patent system granting priority of patent rights based upon invention dates to a system in which priority is based primarily upon filing dates. This installment discusses the history behind the current first-to-invent system, the current patent reform movement, and the basic proposed change to the current system.
Helping Associates Build Marketing Skills
May 29, 2008
The first priority of a young lawyer is to develop knowledge and skills as a lawyer, but there are actions you can take as a partner to help guide associates in the right direction for preliminary client development activities. New clients take time to ripen, but the seeds need to be planted early and watered often. The following are some things you can do to place associates on the right path.
