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Origin of Goods Under the Lanham Act: An Analysis of the Supreme Court's Decision in Dastar Corp. v. Twentieth Century Fox Film Corp.
September 05, 2003
The Copyright Act and Patent Act were designed to protect originality and creativity. Courts, however, have generally been cautious about misusing or overextending the Lanham Act to areas traditionally occupied by patent or copyright law. <i>See TrafFix Devices, Inc. v. Marketing Displays, Inc.</i>, 532 U.S. 23, 29 (2001).
Bits & Bytes
September 05, 2003
Bridgeway Software, Inc. has added two new e-invoicing services to enhance its eCounsel product. These new Bridgeway services offer the choice of using either secure Web transport or flexible and simple e-mail to receive invoices. Both eCounsel Cost Management services enable corporate legal departments to receive invoices electronically from law firms directly into eCounsel, reducing processing time and eliminating manual data entry.
The Hewlett-Packard 4100 MFP ' Much More Than a Printer
September 05, 2003
Certain areas of legal technology are really more exciting than others, but the necessary evil is that we, as lawyers, are in the paper business! We can't get around it no matter how hard we try ' we pump out reams of paper each week in an effort to further our client's interests. Keeping that in mind, there are several ways to move this paper and/or to print it! I have used several major printers in my legal career, but I can honestly say that none has given me more satisfaction, as well as, better printing quality, not to mention more over all functionality, than the Hewlett-Packard 4100 MFP (multifunction printer).
Technology at Work: A Review of Syngence Services
September 05, 2003
Late last year, an old case was resurrected after an appeal resulted in our winning summary judgment being overturned. With the equivalent of 54 Bankers Boxes' worth of documents loaded on CDs as TIFF images without any associated indexing or coding, we were faced with the weighty task of processing those documents in a very short amount of time. The key issues were cost and functionality. We quickly needed usable data that could be manipulated, at a price acceptable to our client. Upon investigating our options regarding either manual or automated coding, we were introduced to the Syngence services by American Legal Copy ' our reprographics vendor in San Diego. We decided to give Syngence a try because their Syndex automated indexing service promised a basic database of information in a matter of days and their Synthetix-related content search feature intrigued us.
<B><I>Practice Tip</B></I>Choosing a Storage Format, Part II: The World of DVDs
September 05, 2003
In the March issue of this newsletter, I wrote a column about the different methods of storage formats available today. In this month's column I would like to show you how a technology originally developed for the entertainment industry ' the DVD, can help you manage the ever increasing data storage requirements of today's businesses.
'How Technical Should I Get, and When?'
September 05, 2003
Last month, part one of this two-part article asked the question: 'How technical should I get, and when?' This time, we'll consider the same question as it applies to the trial itself: How technical you should get in selecting presentation media, and ultimately displaying it to the jury. We'll also explore some best practices for bringing technology into the courtroom with you, and some popular myths and misconceptions about how jurors view 'fancy' or 'slick' presentations.
On the Job: Managing a Department of One?
September 04, 2003
Lawyers tend to embrace the solitary work style. Marketing professionals, on the other hand, can feel overworked and isolated if they have solo responsibility for shepherding a firm's marketing program. When you are a department of one, how do you manage to get your firm's work done and still preserve your sanity and sense of balance?
Learning From Client-Driven (Literally) Marketing
September 04, 2003
Seems like the brand name Segway' keeps popping up in unusual places. According to the company manufacturing them, 'The Segway Human Transporter (HT) is the first of its kind ' a self-balancing, personal transportation device that's designed to operate in any pedestrian environment.' To me, they look like pogo sticks on wheels. How does this relate to law firm marketing? The product's manufacturer is making maximum hay out of non-traditional, client-generated marketing.
Marketing Campaigns That Stand Out
September 04, 2003
'Let's hire a dumb lawyer.' Five words you're likely never to hear. Lawyers may come in all shapes and sizes, and their styles may run the gamut from presidential to ruthless litigator, but one thing you expect them all to be is smart. A dimwitted attorney is as desirable as an accountant who's bad with numbers, an architect with poor spatial perception or a management consultant who thinks ROI is the French word for king.
Blogging For Law Firms: Not Why, But When and How
September 04, 2003
Blogs have made it into the mainstream. Dear Abby, earlier this month, offered her opinion to teens on whether or not to blog. A Google search for 'blogs' garnered 1,680,000 results. A similar search just for 'web logs + law firms' offered 18,100 matches. For law firms, blogs seem a natural progression in using the Web for marketing and communications purposes. Once firms were considered behind-the-times if they didn't have a Web site. Then the next great 'must have' wave brought us e-zines, e-letters and e-mail alerts. Now, the race is on to launch law firm blogs.

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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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