Technology Challenges In Law Firm Mergers
November 02, 2005
When law firms merge with one another, one of the more significant front-line issues is "Which firm's technology will survive?" When there is a merger (buy-out) by a large firm of a much smaller law firm, the answer seems obvious. But, when there is a merger of equals, or of larger firms (even if not equal in size), the answer is not so clear. And where there is a merger of small firms, things get murkier still. <br>What may be worse is that frequently, the question is not even considered before it is too late to make a smooth transition.
<b>Media & Communications Corner:</b> Becoming the TV Star You Always Wanted to Be
November 02, 2005
The glamour and cache of being interviewed on CNN or CNBC as a national legal source is quite appealing to many attorneys. Broadcast journalism reaches a broad audience and for many, is seen as more exciting than print. And when other attorneys (deemed not as accomplished as themselves) appear on TV, they often wonder: How can I get there too? The answer is: preparation and some honest reflection.
Coaching For Coaches: One-On-One Attention Combats Training Program Decay Rate
November 02, 2005
Most practicing attorneys are realizing that the "if-you-build-it, they-will-come" approach to business development is not enough in today's competitive marketplace. For those who must learn by experience, this reality is often punctuated by a delay in making partner due to the lack of a "book of business" or mid-career partnership pressure on rainmaking. <br>Despite this reality, attorneys continue to struggle with bridging the gap between the skills and behaviors learned in law school and applied in practice, and those skills and behaviors needed to develop new business. This is where the law firm marketers come in.
The Grass Is Always Greener: Life As In-House Counsel
November 02, 2005
As a private practitioner, sitting at a paper-smothered desk getting rapid-fire e-mails and phone calls from multiple clients, each of whom needs something yesterday, filling out time sheets and reviewing mountains of billing, it is easy for those in private practice to envision life as an in-house attorney as the better ' or at least less stressful ' choice of career paths. This article reacts to that vision, highlights some of the different issues facing those in-house, and discusses the manner in which some of the same issues faced by all attorneys translate in an in-house environment.
Keeping Partners Engaged In Associate Development
November 02, 2005
Firms have good reasons for offering formal associate development programs such as law firm universities and mentoring programs. Clients expect trained associates and associates expect training. Formal programs, often with full-time staff support, can effectively deliver training to groups of associates.
Playing Hard To Get
November 02, 2005
Fifteen years after merger mania started, and despite the invasion of out-of-towners now crowding the Bay Area, these and other firms remain independent ' sometimes fiercely so.
What In The World Is Going On With Lawyer Retirement Planning?
November 02, 2005
Retirement is a distant and unnoticed object of concern for young lawyers. After the toil of law school, the terror of the bar exam and the career-defining decisions of job searching, a young lawyer cannot be blamed for feeling immortal. With a seemingly endless stream of years ahead to ply his or her skills in the world of the law, slay a few dragons and make his or her fortune, retirement planning is not on the "to do" list. <br>This article reflects the results of a survey of law firms around the nation that reveals a variety of approaches to retirement planning and funding. Interviews focused on the structure and the funding of retirement plans. While the results of this survey are anecdotal, certain conclusions and recommendations emerged from the effort.
IP News
November 02, 2005
Highlights of the latest intellectual property news from around the country.
You're Going to Serve Someone, But Will You Have Jurisdiction?
November 02, 2005
When is a proceeding not a proceeding, or more precisely, when is a proceeding affecting a mark not a proceeding affecting a mark? No mere word game, the answer can have a profound impact on foreign trademark owners who routinely (and perhaps unthinkingly) appoint their U.S. attorneys as agents to accept service in proceedings affecting their marks. The answer ' or at least an answer ' recently was provided by the U.S. District Court for the Eastern District of California in <i>E&J Gallo Winery v. Cantine Rallo, S.p.A.</i>, slip op. 1:04 cv 5153 (OWW) (Aug. 17, 2005), where just such a profound impact faced an Italian winery with a long history whose American counsel accepted service of a summons and complaint in an infringement suit, but made only fleeting efforts to alert his foreign client. The court vacated a default judgment that threatened to terminate a 50-year business in this country because the domestic attorney designated by the foreign trademark applicant under 15 U.S.C. §1051(e) to receive service in "proceedings" affecting the mark was deemed not authorized to receive service in a "litigation" affecting the mark. (The defendant's failure to answer was also deemed excusable neglect. Following the default, the author is now representing the defendant.)
Sarbanes-Oxley and Licensee Fiduciary-Based Tort Liability for Breach of Contract: City of Hope National Medical Center v. Genentech, Inc.
November 02, 2005
Over the years, courts frequently have been called upon to determine the nature and extent of the diligence required of licensees, assignees and other parties granted exclusive rights to exploit intellectual property. Dating back to Justice Benjamin N. Cardozo's opinion in <i>Wood v. Lucy, Lady Duff-Gordon</i>, 222 N.Y. 88, 118 N.E. 214 (1917), the courts consistently have held such parties to an implied promise to exercise some measure of diligence to commercialize the transferred property in those cases in which the grantor was completely reliant upon the productivity of the intellectual property user to generate royalties or other consideration.
