ADR Across the Pond: The Right to Refuse
July 09, 2004
There has been a great deal of debate recently in the English courts and legal press about two key issues relating to Alternative Dispute Resolution (ADR). First, whether the court has the power to order unwilling parties to undertake ADR. Second, whether a successful party should be penalized in costs if it has refused ADR.
News Briefs
July 09, 2004
Highlights of the latest franchising news from around the country.
Court Watch
July 09, 2004
Highlights of the latest franchising cases from around the country.
Making the Case for the Benefits of Uniformity and Predictability
July 09, 2004
Uniformity and predictability are often lacking from judicial treatment of cases involving vicarious liability claims against franchisors, yet uniformity and predictability are the hallmarks of a successful franchise system, and the engines that have driven franchising to occupy such a prominent position in the domestic and worldwide economy.
Offshore Outsourcing: Trends and Issues
July 07, 2004
It's no longer sneaking up on anyone that outsourcing is not only here to stay, but on the rise. A key part in outsourcing ' whether it's help desk or other IT functions or more involved business operations ' is the transfer and/or licensing of intellectual property and technology. This two-part article looks at outsourcing growth and trends, laws and taxes outsourcers need to know, and special considerations involved in transferring IP. Part One provides a fascinating glimpse where outsourcing is headed and why, the different business models outsourcing companies use, and discusses how outsourcers can maintain quality control over the outsourced functions.
Ethereal Asset
July 07, 2004
In the past 10 years intellectual property lawyers have become the profession's "it" boys and girls, if not quite rock stars. Law firms want to acquire them and are willing to pay them handsomely. Law students see IP as their meal ticket. And, most importantly, corporations want to retain them, as executives have begun to realize that ' in the words of Federal Reserve Board chairman Alan Greenspan ' "the economic product of the United States has become predominantly conceptual." <br>Intellectual property law is the container that creates value for Greenspan's conceptual assets ' stuff like biotechnology discoveries and circuitry design that is hard to create but comparatively easy to duplicate. IP lawyers are the enforcers of this peculiar brand of law, and frequently they are also the managers of this peculiar brand of asset. IP lawyers are in the catbird seat ' highly desirable free agents as firms chase talent, and highly sought-after corporate counselors. Can the good times last forever?
Redmond Turns Blue
July 07, 2004
It has to be the greatest licensing story ever told. In 1980, IBM Corporation needed an operating system to launch a line of personal computers, and its executives thought Microsoft Corporation had built one. Wrong. Twenty-five-year-old Bill Gates and company didn't have what IBM sought, but they wanted to please IBM. So, in a fit of business genius, they figured out a way to make IBM happy and themselves wealthy. For $50,000, Microsoft bought the complete rights to a rudimentary operating system called QDOS from an outfit called Seattle Computer Products and then agreed to license it to IBM ' and anybody else ' for about $50 a computer. <br>Last June, Gates named 28-year IBM veteran Marshall Phelps corporate vice president and deputy general counsel for intellectual property. Six months later, Microsoft announced that Phelps ' who retired from his post as vice president for intellectual property and licensing at IBM in 2000 and had been doing consulting work ' would be heading up Microsoft's new intellectual property licensing initiative.
