Strategic Planning: Look Before You Leap
The market is asking a great deal of law firms these days. The economy is still unpredictable, clients are demanding additional value at the same costs, and client loyalty is not what it used to be. As a result, many firms are struggling with instituting internal management controls that emphasize profitability and synergy in addition to practice excellence. <br>Frankly, the move by law firms to become more strategically oriented is reactionary. If you ask most lawyers, they did not expect management and planning to be a part of their daily duties when they entered law school. While some have embraced their new role, very few have done it before. An even smaller fraction is formally educated in the discipline of building strong businesses.
<i>Media & Communications Corner</i> <b>Creating an Effective Philanthropy Communications Campaign</b>
Whether your firm provides pro bono work for the indigent, sponsors a race for charity, or provides grant money to a worthy cause, you should consider publicizing your charitable works. News coverage of your firm's good works will elevate its standing in the public's mind and creates more loyal clients. <p>Of course, there is a fine line between doing good for good's sake, and the perception of flagrant self-promotion. For this reason, a philanthropy communications plan must be developed with sensitivity and great care.
Internet Software Piracy Is Not Fair Use
In a decision interpreting the criminal offenses provision of the Copyright Act (17 U.S.C. '506), the Seventh Circuit Court of Appeals has held that a criminal conspiracy to pirate software did not constitute "fair use" simply because the Web site to access the software was operated by a university professor. <i>U.S. v. Slater</i>, 348 F.3d 666 (7th Cir. 2003). The Seventh Circuit found "preposterous" the defendant's argument that Internet piracy could become authorized under the fair use doctrine by using a professor as a Web site operator.
Re-examination: The Tail that Wags the Dog
IP litigators appear to have blinders on when it comes to patent re-examination. All eyes are focused on winning the big event, the courtroom victory. To have the verdict upheld on appeal garners the ultimate win. While chasing the big dog of litigation, parties may be overlooking the power that can be wielded by the U.S. Patent and Trademark Office ("USPTO") in a re-examination proceeding.
A Practical Guide to Arbitrating IP Disputes
Ample legal authority upholds the right of intellectual property owners to arbitrate their differences. (See part one of this article published in April 2004.) Indeed, arbitration providers, such as WIPO and the AAA, report an increased caseload for intellectual property disputes. What should counsel and parties consider in choosing arbitration as a means of settling their intellectual property disputes? What are the considerations for drafting arbitration agreements?
IP News
Highlights of the latest intellectual property news and cases from around the country.
Advanced Professional Education for Law Firm Managers
A Chinese proverb states: "Learning is a treasure that will follow its owner everywhere." This proverb clearly applies to law firm administrators, due to the ever-increasing complexity of law practice management and the competitive pressures facing today's firms. Experienced and well-educated professional managers are being sought out in increasing numbers by firms of all sizes to assume responsibility for the administrative management of the enterprise. The field of legal administration has therefore continued to grow and evolve, as evidenced by the 9500-member Association of Legal Administrators. <br>Fortunately, there are a number of higher learning opportunities for legal professionals, and this article explores three of them.
Ranking Law Firms by Economic Performance: Divergent Views
In the decades since <i>Fortune</i> magazine's landmark ranking of the nation's wealthiest corporations (during the Great Depression, of all times), the passion for ranking in our business and general cultures has grown to what can well be described as an obsession. Almost 20 years ago, law firms were finally drawn into economic ranking ' or rather, reportedly, were dragged into it kicking and screaming ' by the AmLaw listings, published by American Lawyer Media, the parent corporation of this newsletter. <br><i>A&FP</i> readers should be able to guide their firms in how to contribute and use ranking data fairly and wisely. To that end, the following article excerpts and <i>A&FP</i> author commentaries assess the challenges of law firm ranking.
