Competitive Intelligence: A Tool for In-house Counsel
October 30, 2006
Competitive Intelligence has long been used by corporate America to analyze trends, client feedback, and marketing strategies to get an edge. It's the newest buzzword among law firms to win more market share and retain clients. But it's barely a whisper in law departments, at least when it comes to selecting outside counsel.
Honesty Is Fundamentally the Best Policy
October 30, 2006
The Superior Court of Pennsylvania recently delivered good news for franchisors and their counsel, as it expressly held 'that there are circumstances where the nature of the breach permits the aggrieved party to immediately terminate the contract despite a 'cure' provision where a franchisee commits grievous acts of dishonest conduct.' In <i>LJL Transp., Inc. v. Pilot Air Freight Corp.</i>, __ A2.d __, 2006 PA Super 176, 2006 WL 1977508 (Pa. Super, Pa. July 17, 2006) (No. 2068 EDA 2005), Judge Richard B. Klein, with Judge Maureen Lally-Green concurring, authored the opinion affirming a Northampton County trial court's order denying the franchisee's motion for summary judgment and granting the franchisor's cross-motion for summary judgment.
Rehiring Attorneys After a Break: Doing the Numbers
October 30, 2006
Both the American Bar Association and the University of California's Hastings College of the Law in San Francisco are launching initiatives aimed at helping attorneys who have stopped practicing maintain their connections and ease their transition back into the profession.
Lessons from Purdue: Patent Practitioner Tips for Avoiding Inequitable Conduct Claims
October 27, 2006
<i>'It has now been surprisingly discovered ' '</i>With these words in Purdue Pharma's U.S. Patent Nos. 5,656,295, 5,508,042 and 5,549,912, Endo Pharmaceuticals asserted a basis to challenge the enforceability of Purdue's controlled-release oxycodone formulations due to inequitable conduct. <i>Purdue Pharma L.P. v. Endo Pharms., Inc.</i>, 438 F.3d 1123 (Fed. Cir. 2006).
<b>Online Exclusive:</b> Dewey Ballantine and Orrick Set to Merge
October 25, 2006
New York's Dewey Ballantine and San Francisco's Orrick, Herrington & Sutcliffe have taken another step toward completing a merger. According to a statement released Wednesday morning, the management and executive committees at both firms announced to their respective partners that they intend to recommend approving the combination. A full partnership vote at both firms is expected before the end of the year.
Lessons Learned: Issues Exposed in the Aftermath of the Hewlett-Packard Debacle
October 19, 2006
On Sept. 5, 2006, <i>Newsweek</i> published a story about Hewlett-Packard's Chairman Patricia Dunn's use of a private investigation firm to locate the source of leaks of confidential corporate information. As the story unfolded, the public learned the following: After confidential information appeared in news publications in 2005, certain officers and certain members of the board of directors of Hewlett-Packard ('HP') authorized the launch of two investigations, the first in 2005, and the next in 2006, to locate the source of the information leaks. The basis for the investigations was that the information leaked to the press was known only to board members. Certain officers and directors collectively comprised the 'HP investigation team' in the secret investigation of the leaks to the media. In devising its plan, the HP investigation team sought the assistance of a top investigator, Ron DeLia, head of Security OutSourcing Solutions, Inc. ('SOS'), with whom Hewlett-Packard previously had worked on unrelated matters. DeLia allegedly encouraged the HP investigation team to use pretexting or 'social engineering' to obtain private cell phone and phone records of certain targeted individuals, among other things.
Going Global? Don't Overlook Public Policy
October 03, 2006
Transnational companies need a coherent, forward-looking 'foreign policy,' but most don't have one. Although governmental decisions significantly affect global business success, many corporations and legal staffs are only involved in defensive, short-term or narrowly self-interested 'government relations.'
Foreign Law Firms Defend the Broad Scope of Their Practice in China
October 03, 2006
Foreign law firms operating in China's largest city have been on edge since April, when the Shanghai Bar Association (SBA) issued a blistering memo that accused them of illegally practicing Chinese law. The memo also called for the Chinese government to regulate and 'purify' the foreigners.
<b>Professional Development University: </b>CLE for the Experienced Practitioner
September 29, 2006
As one who has devoted most of my career to the growth and development of legal professionals, including lawyers and judges, I can attest to the palpable and perplexing changes that adults experience as they progress in their careers. Without compromising confidences, I know that there are numerous lawyers who feel stuck in a rut of routine filings or litigation lethargy (tired of the fight and incivility), those who are trapped by income and power that they secretly would sacrifice if they knew what to do, and those who just don't like the practice of law any longer or perhaps never did.
Are Firewalls a Cure-all for Conflicts In the Big Firm?
September 29, 2006
More and more law firms are using firewalls in today's world. By this term (or such synonyms as 'ethical screen' or 'Chinese Wall'), firms are referring to the mechanism by which either an individual or a group within a firm is shielded from other concluded or ongoing representations.
