Who Cares About Japan?
June 28, 2007
Since 2002, when then-Prime Minister Junichiro Koizumi stated he intended to transform Japan into a 'nation that is built on the platform of intellectual properties,' the Japanese government has shifted its focus on Intellectual Property ('IP'), bringing about numerous policy changes empowering Japanese firms to actively pursue both defensive and offensive corporate strategies to further discover the inherent value of their intellectual capital. These changes included not only new laws and agencies, but also the establishment of an Intellectual Property High Court ('IPHC') that handles only IP-related cases. For the United States, this signals that Japan is determined to become more competitive in both domestic and international markets using IP.
The Practice Group: A Firm Management Tool Or an Anchor?
June 28, 2007
The popularity of the practice group — an entity within a firm comprised of those who practice a specific area of law or serve a specific industry — is well grounded, in that it opens a number of advantages to managing a practice and better serving clients. But so complex and management sensitive are practice groups that they open, as well, the easy propensity to misuse the practice group concept in a classic case of poor management canceling the value of a good concept.
Digging Out from the Information Blizzard
June 28, 2007
It seems that information flows unabated onto the desktop or into the PDA 24/7. For many years, information was contained by fee-based access to aggregators, like LexisNexis and Westlaw, or obtained through the services of a third party. In the last few years, the governmental units and private data creators have begun to distribute information directly through the Internet. Much property information now comes from freely available, or reasonably priced, sources on the Internet. And it is available 24/7.
Project Management Matters
June 28, 2007
A couple of years ago, Bill Payne of Dorsey & Whitney LLP invited me to come to Minneapolis on two weekends in mid-winter. Not for a retreat or winter sports, but to meet with partners in their office on Saturdays. Payne was then the head of the M&A Group and he explained: 'We do a lot of mid-market deals, many with similar dynamics, documents and time pressures. Yet, each deal seems to be run like we were starting from scratch. We reinvent the wheel. We do wonderful individual work, sometimes under crisis conditions, but we don't seem to pull together as a team.' He wanted more teamwork, more project planning, and more learning from each deal. I jumped at the chance to facilitate the partners' discussions. Any firm that values matter management to this degree must be serious.
The Looming Associate Crisis
June 28, 2007
An associate recruitment and retention crisis is looming for which there are no easy solutions. Law schools continue to graduate roughly 40,000 students a year, as they have over the last 20 years. The AmLaw 200 law firms have been steadily hiring an average of 4%+ more associates each year, resulting last year in a typical incoming associate class of 50. That means that AmLaw 200 firms now hire about 10,000 new associates a year, or about 50% of the graduates from the top 100 (hardly the Ivy League elite) of the nation's 200 law schools.
Life Insurance and Divorce
June 28, 2007
Does your divorcing client's Statement of Net Worth reflect the fair market value of the life insurance policies he or she owns? This seems like a simple question, but in certain circumstances it may actually be quite complex.
KSR Int'l Co. v. Teleflex Inc. et al.: Supreme Court Clarifies Obviousness
June 28, 2007
Before the Supreme Court's April 30, 2007 decision in <i>KSR Int'l Co. v. Teleflex Inc. et al.</i>, 127 S.Ct. 1727 (2007) virtually all patent attorneys were on the edge of their seats. The decision was a clear indication that the Supreme Court disfavored the current state of the law that had been developed by the Federal Circuit for determining whether a patent is invalid for obviousness under 35 U.S.C. §103. The Supreme Court pointed to numerous errors in the Federal Circuit decision and characterized as 'rigid,' 'formalistic,' 'narrow,' 'constricted,' and 'flaw[ed]' the Federal Circuit's requirement that there be proof the claimed combination of elements was arrived at due to a teaching, suggestion, or motivation to combine features from prior art references. <i>Id.</i> at 1739, 1741-42. Instead, the Supreme Court imposed a more flexible approach that sought to emphasize its earlier decisions on obviousness over tests the Federal Circuit had developed to apply the law set forth in those decisions.
In the Marketplace
June 28, 2007
Highlights of the latest equipment leasing news from around the country.
Toll Road Leasing Programs: Ready to Roll?
June 28, 2007
Part One of this series discussed precedent transactions and standard terms and conditions in the toll road leasing market. The conclusion continues the discussion of terms and conditions and addresses legislative developments.
Practice Notes: Some Lawyers Find Entertainment Clients on MySpace
June 28, 2007
Many artists believe that setting up a personal page on the mega-popular MySpace.com Web site is a key prong today in attracting attention to themselves. At the same time, some entertainment attorneys use MySpace to attract clients. This article examines the experiences of Texas lawyers who have MySpace pages.
