Can The Grokster Settlement Close The File-Sharing Pandora's Box?
November 29, 2005
Last month, Grokster apparently gave up. The P2P filing-sharing service Nov. 7 filed documents with a Los Angeles federal court reporting that it had reached a settlement in its lengthy legal case with the nation's largest record companies, motion picture studios and music publishers, as represented by the Recording Industry Association of America (RIAA). <br>This decision leads many experts to believe that a distributor of P2P technology with a legitimate intent not to infringe others' rights would not be liable for a third-party infringing use of the technology. But despite that perhaps being the case, the Court failed to create a bright-line test to help identify a "clear expression or other affirmative steps taken to foster infringement" which, as Justice Breyer stated in his concurring opinion and as discussed in this article, could have a chilling effect on others creating or advancing file-swapping and other possibly legitimate technologies. Future litigations will necessarily turn on a case-by-case basis not as to the nature of the technology but potentially on the distributors' business plans.
The Chinese Restaurant Menu And Yogi Berra Approach To e-Commerce Contracting
November 29, 2005
e-commerce contracts don't always follow the rules of traditional drafting. Although e-commerce has existed for several years, few attorneys or firms have large bodies of forms from which to draw for drafting e-commerce contracts. Even a leading online contract-forms site, www.onecle.com, which extracts forms from SEC filings, doesn't have a category for e-commerce contracts. (Searching that site by company, however, quickly identifies several e-commerce companies' actual contracts.) <br>The absence of "standard" e-commerce forms should not be surprising to anyone involved in the development of online business over the last decade. The hallmark of e-commerce has been innovation, as entrepreneurs try, and then discard, new business models at a furious pace in their quest for dominance of a new landscape. As a result, many e-commerce contracts are sui generis ' they don't follow a model. Each deal has unique aspects, which must be considered separately and covered by one or more agreements. If the drafter wants to protect his or her interests adequately, then the form of a traditional agreement should not dictate the content of an e-commerce contract.
Should Your Law Firm Jump on the BI Bandwagon?
November 14, 2005
In the past, Business Intelligence occurred on an ad hoc and informal basis in the legal industry. Before the proliferation of a legal trade press, the Internet (and competitor's Web sites), and market intelligence services, information about clients, prospects, and competitors was likely gained on the golf course, at bar association functions, or through the occasional press release issued by a law firm that was an early adopter of marketing. <br>Now a cottage industry has sprung up to support the burgeoning efforts of law firms to understand how to remain competitive, profitable and viable. As evidence of this, within the past year there have been numerous conferences and seminars aimed at teaching law firm management how to appropriately develop and use Business Intelligence, and a number of products and services are being offered to aid firms in their quest for actionable intelligence.
Competitive Intelligence: A Must Have
November 14, 2005
In today's evolving technological legal market, it is not enough for a law firm to perform tactically, using best practices. Competitive marketing for same client market share necessitates strategic planning. And strategic planning, in turn, mandates Competitive Intelligence (CI) initiatives tag teamed with information analysis.
How To Fail At Internet Marketing
November 02, 2005
For large and small firms, regardless of practice area, use of the Internet to attract new business can be one of the most productive and efficient forms of business development. Internet marketing ' Web sites, search engine ranking, e-mail campaigns, and the like ' is targeted, operates on a wide geographic scale, and can produce valuable leads while the lawyers are generating billable hours, vacationing, or doing other activities. <br>However, because it is a relatively new medium for law firm marketing, effective use of the Internet is not widespread. There are many myths and misunderstandings about how it works and what will succeed, and what the future holds. Here is a list of some of the best ways to fail at Internet marketing.
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.
Net News
November 01, 2005
U.S. Senators Turning Up Heat on Peer-to-Peer Pirates Lawmakers pushed federal authorities last month to crack down on peer-to-peer (P2P) services that…
The Six Habits of Highly Effective Risk Management Programs
November 01, 2005
For years, a consistent front-runner on the best-seller list has been Steven Covey's, "<i>The Seven Habits of Highly Effective People</i>." Failure to be "highly effective" in managing risk can imperil drug and device manufacturers. Today's litigation is formidable. Personal injury attorneys are well connected, constantly seeking "The Next Big Thing" in product liability litigation. Many firms specialize in suing drug and device companies. There are networks on Internet forums and at legal conferences built around "how to" workshops on suing specific devices, drugs or manufacturers.
Ownership Of The Internet
November 01, 2005
In commerce, as we Americans are more or less reminded on our paper currency, transactions are divided into two domains: Those that are government-controlled, and those that are privately controlled. Depending on the type of transaction that is involved between parties, different constitutional rights are applicable. <br>That said and established, let's consider that growing alchemy of the ether realm that mixes expression and the maintenance and control of the Internet. In particular, if the Internet is nongovernmental, then it may generate terms-of-use agreements to prohibit political speech. But if the Internet is governmentally controlled, then Internet users have a First Amendment right to use it for public speech.
Balanced Access
November 01, 2005
Due process in the Information Age means leveling a dynamic playing field. As courtrooms are being wired for computer access, jurors and litigants are opening the courthouse doors just enough to allow the Internet inside. These online excursions are challenging current notions of fair trial and equal justice.
