IP News
February 28, 2008
Recent news of importance to you and your practice.
Attorney Telecommuting
February 27, 2008
Telecommuting is all the rage in many sectors of our economy. With increasing regularity, lawyers and their firms alike are participating in this trend. Modern technology is a wonderful thing, and telecommuting permits firms (law and other types) to spread their tentacles into far-off uncharted waters. For attorneys and law firms, is telecommuting a bridge over troubled waters, or a long walk on a short pier? That is the question I address in this article.
Expert Witness vs. Trial Consultant
February 27, 2008
The field of forensic psychology as applied to Family and Supreme Court matters involving custody and access issues has evolved in its complexity and breadth over the last three decades to encompass a broader range of professional activities. The forensic psychology literature has begun to provide more specific guidance regarding the 'do's and don't's' of both expert witness work and trial consultancy.
Legal Sales & Service: The Most Important Trend in Legal Business Development
February 26, 2008
Recently, the author spoke with the general counsel at a Fortune 500 firm about some of his best, and worst, experiences with law firms. His central message was that 'Social events and personal relationships just don't matter like they used to. These days, if a firm wants a steady flow of new business, [it] must deliver value.'
Client Speak: Trading Places
February 26, 2008
Marketing abounds with buzzwords and bromides ' and dangerous ones at that. When, for example, we sling catch-phrases like 'partnering,' or pontificate about how important it is to 'understand the client's business,' it becomes way too easy to talk a lot of sanctified talk without ever really walking the proverbial walk.
Delaware Chancery Dismisses Globis v. Plumtree
February 26, 2008
While Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173,184 (Del. 1986) places paramount importance on directors' duty to seek the highest sale price once the board of directors determines their corporation is for sale, the fact that plaintiffs simply point to a less-than-ideal purchase price is not sufficient under Delaware law to trigger heightened scrutiny of the directors' actions during the sale process.
Cleaning up After Debtor/Tenants
February 26, 2008
The Ninth Circuit has created a dubious distinction between tort-like damages and other non-rent damages that will undoubtedly spawn uncertainty and litigation. The authors explain why.
'Coudert Brothers': Court Limits Attorney's Retaining Lien
February 26, 2008
The U.S. Bankruptcy Court for the Southern District of New York recently issued a decision in <i>In re Coudert Brothers LLP</i> concerning the treatment of an attorney's retaining lien in the bankruptcy of a law firm. The decision does not alter the analysis that would obtain under applicable state law, and serves as an important reminder to attorneys that their liens to secure payment of amounts owed by clients and former clients depend on state law and are not enhanced in the bankruptcy setting.
Hormone Replacement Therapy Opinion: Overturned $3M Verdict Explained
February 01, 2008
A Philadelphia judge overturned a $3 million jury award, explaining that a woman who sued Wyeth, claiming her breast cancer was caused by the company's hormone replacement drug, did not show sufficient evidence that her doctor would not have prescribed the drug if warnings were better.
