Harnessing Creativity or Creating Liability?
October 29, 2007
The growth of online social networking has not been lost on marketers, who hope to enlist Internet users in campaigns to promote their products and services. This article will appear in three installments. This first part examines the use of user-generated content ('UGC') and user participation as part of a promotion.
Gotta Go, My Cell's Ringing
October 01, 2007
I was probably the last human on the planet over 5 to get a cell phone. I didn't want one. I didn't want to be part of the Great Cell Phone Conspiracy that currently over-rides every ounce of courtesy left in even the nicest people. Of course the first time the commuter train broke down, leaving my teenaged son alone in the house with no notion where his Mom was, I bowed to the inevitable and'
Normalizing Mix Variables in Financial Data
September 28, 2007
Most law firm managers understand the importance that business analysis plays in steering a firm toward success. However, as with so many things in life, a little bit of analysis can be a dangerous thing. Management reporting processes typically collect, organize, and ultimately combine data sets from different practice areas, offices, industries, etc. Superficial reports compare aggregate characteristics (<i>e.g.</i>, top-line results) without identifying the varying components contained within the data sets and normalizing for these variables. This can lead those who examine such reports to draw misleading or even totally wrong conclusions.
Forum Non Conveniens
September 28, 2007
On July 31, 2007, the Appellate Division of the New Jersey Superior Court affirmed the forum non conveniens dismissal of pharmaceutical product liability claims filed by 95 UK plaintiffs in In re Vioxx Litigation, Docket No. A-1731-06T1. The case involved allegations asserting personal injury claims allegedly caused by defendant Merck & Co., Inc.'s anti-inflammatory medicine, Vioxx'. This is a noteworthy forum non conveniens decision that could well have ramifications outside of New Jersey, particularly in other mass tort situations.
Building a Fire Wall
September 28, 2007
Part One of this series discussed the misuse of the public nuisance doctrine in product liability litigation. The conclusion addresses the rejection of these claims by courts in Missouri and New Jersey.
Business Opportunity Alternatives
September 28, 2007
Part One of this series discussed the following forms of the business opportunity model of patent monetization: 1) outright sale of the patent; 2) exclusive field-of-use licenses; and 3) nonexclusive licenses and transfer of know-how. This month's installment addresses corporate transactions and various investment and financing vehicles.
HELP! Communicating During a Crisis
September 28, 2007
Part One of this series set forth tips for handling a crisis that will resolve in a timely manner and will not be the downfall of a firm. This month's installment addresses clients in crisis.
When Women Lateral
September 28, 2007
In the summer of 2006, Major, Lindsey & Africa, the international legal search/recruiting firm where I am a partner, sent a survey to 5622 lateral partners in 647 law firms to assess their overall satisfaction and to identify the key factors affecting satisfaction; the firm received more than 1000 responses. Women comprised approximately 17% of the original pool of targeted candidates and 15% of the respondents who identified themselves by gender. This percentage is low primarily due to the lack of women partners.
e-Commerce Still Looking Good
September 27, 2007
U.S. Census Bureau estimates of e-commerce are in for the second quarter of the year, with indications that although the increase over the first quarter, and the second quarter of 2006, are relatively modest, the wired-transaction (and wireless-transaction) sector continues to grow.
