Movers & Shakers
This month marks the beginning of a new feature in which <i>Patent Strategy & Management</i> expands its coverage to provide information about the advancement of lawyers in the patent profession.
'The Continuum of Value'
Despite no seeming fundamental economic differences, there have been occasions where divorce courts in different states have reached different conclusions of value for the same type of business. These states reach such different conclusions as to what constitutes marital property because they have different views as to the meaning of the term 'value.' This article represents a summary of some of our findings concerning the application of the premises and standards of value in divorce matters.
Viacom v. YouTube
This suit is potentially dealing with a very important issue that goes way beyond YouTube's actions or inactions ' the scope of the DMCA in today's Internet. The technology being utilized by YouTube was not even imagined a decade ago when the DMCA was enacted. <br>However, it is open for speculation that this suit, coming such a short time following a negotiations break-down between the parties on entering into a licensing arrangement, is just a negotiation strategy, gambit or ploy by Viacom for a more favorable deal.
Pros and Cons of Sequenced Retirement
Coming to terms with retirement is difficult and, like most things, is even harder if you are a law firm partner. As soon as you begin to think about throttling things back a tad, your clients demand a quicker response time and your partners want you to bring in more business. At the same time, what seemed just a short time ago to be a distant respite is now looming over you and you may not even know what to do or if you can even afford to do it. Moreover, even if you do not want to retire, your partnership agreement may have a mandatory retirement provision that takes away your choice.
Nondiscrimination Rights: EEOC Limits on Waivers
When involuntary employment terminations become necessary, employers often seek protection from possible post-employment claims by conditioning severance pay on the signing of a general release and agreement not to sue. As a general rule, such waivers are enforceable if they are 'knowing and voluntary.' Less clear, however, is under what circumstances an employer may condition severance payments on a promise by the departing employee that he/she will not pursue a charge with the Equal Employment Opportunity Commission ('EEOC') in connection with an allegation of discrimination, harassment, or retaliation.
Supporting Non-Equity Career Opportunities Through Two-Tier Ownership Structures
Lately, we've been hearing from a growing number of our (Hildebrandt International, Inc.) clients about escalating concerns relating to career path and non-equity opportunities. Although 79 AmLaw 100 firms and 169 of the NLJ 250 firms acknowledge a tiered ownership structure, and a large number of others utilize a de facto two-tier structure, many firms still adhere to a single-tier model.
Revenue-Focused Leaders
Go to Amazon.com. Locate the books section, type in leadership, and see what shows up. There are more than 197,500 results for this inquiry! Clearly, there is no shortage of approaches to leadership. What is in short supply are models that work for our profession. To help narrow the focus, we will look at a subset of leadership, the art of developing revenue-focused leaders.
Older and Better: Partner Retirement Policies
You have heard the clich': '60 is the new 40.' In today's law firm, however, the 60-year-old may very well be at the prime of his or her career, and many firms are taking notice. Firms committed to building critical mass, particularly in key practice areas and offices (notably New York) are scrambling to recruit the 'big splash' partner. The seasoned attorney from a top-tier firm, approaching the firm's retirement age but not yet ready to quit, is a prime target. This partner has a loyal client base, the wisdom gained from years of experience, and prot'g's who are frequently eager and willing to follow the master.
