Taxes and the Internet
August 28, 2007
Taxes and the Internet have generated a continuous stream of discussion ' but not much more. For all that has been written over the years, remarkably little has happened, other than the passage (and periodic temporary renewals) of the Internet Tax Freedom Act, and pressure on national firms' online operations to collect tax (as described below). The 'problems' ' untaxed economic activity ' that have created so much uncertainty for e-commerce firms and their customers alike remain just as much of an unknown risk, without a solution in sight. Perhaps the continued growth of e-commerce will simply be the unintended result of this inaction, the tax accountant's equivalent of the physician's motto, 'do no harm' ' that is: our tax system has done nothing to get in the way of e-commerce.
In Modern Litigation, Here's One Important Rule
August 28, 2007
Frequently missing from the plethora of articles on the pitfalls and potential problems in electronic discovery data for the uninitiated or unaware is practical experience and analysis from the trenches. This article addresses key EDD issues and pitfalls in a particular case involving 44 million pages of electronic records and a jury verdict of about $570 million, with a focus on the consequences of retaining too much electronic information and ways to solve problems that plague large companies involved in e-discovery.
Anatomy of an IP Theft
August 28, 2007
Matters related to intellectual property ('IP') have become so common in our e-discovery and computer-forensics practice that when we tell our staff there's a new matter requiring our attention, the general response is typically: 'Let me guess ' another company where a former employee has left for a competitor or created a startup, and allegedly stole the company's key intellectual property to get a head start.' From that point, we delve into another adventure to hunt down the next smoking gun and, in some instances, the silver bullet.
Keeping e-Secrets
August 28, 2007
e-Commerce and tech firms face constant threats to secrecy and challenges unheard of by their real-world predecessors. Today, for example, businesses that work with data about individuals, whether that data is a record of credit-card transactions or is housed in more complex medical databases, must comply with complex burdens to maintain the confidentiality of the people to whom the data pertains. As the many recent headlines about privacy breaches reveal, protecting against the risk ' and cost ' of worldwide criminals' vigilance to gain instant access to that data must be as much a part of any e-commerce firm's business plan as its marketing strategy.
The Case for Expert Testimony
July 31, 2007
In equipment leasing industry court cases, one of the challenges lawyers and judges face is simply understanding the nuances and contractual language of the business. That makes credible expert testimony in such legal matters especially critical to winning a case, whether it involves a bank, captive finance company, or independent leasing firm.
Movers & Shakers
July 31, 2007
Information about the advancement of lawyers in the patent profession.
Who Cares About Japan?
July 31, 2007
Part One of this series examined several significant changes to both Japanese and U.S. IP-related laws and regulations that have helped empower Japanese firms to effectively utilize IP. This second installment discusses corporate strategies Japanese firms are starting to employ to capitalize on their intellectual capital.
Corner Office: What Every Lawyer Should Know About the Economics of a Law Practice
July 31, 2007
Why do so many lawyers know so little about the economics of practicing their profession? Not surprisingly, it's because their law school education did not address any of the business aspects of practicing law. So most young lawyers join law firms with little understanding of how they operate and without a clue as to what it takes to make a law practice successful and profitable. Many lawyers, especially those who join large firms, manage never to master these concepts ' and in many cases work hard at avoiding them.
When Private Equity Knocks, Will You Be Ready to Answer?
July 31, 2007
The wealth-building strategy for the executive team and investors in a franchisor traditionally focused on setting the stage for one of three scenarios: a private sale to a strategic buyer; going public through an initial public offering, with a secondary offering to partially liquidate the group's investment; or establishing an enterprise with significant cash flow available for salaries, bonuses, dividends, and other emoluments of financial success. An attractive option now available is the private equity option, which involves a sale of all or the controlling share of the equity of the business to a financial buyer. This approach reorients financial exit strategy to harvest simultaneously the gain in enterprise value while positioning existing management and possibly investors to participate in future value accretion. This approach usually allows, or even compels, existing management to participate in the equity of the business going forward.
After 30 Years, Law Firm Advertising Is Slow to Change
July 31, 2007
In the early days of attorney advertising, law firms created ads to demonstrate their unparalleled integrity and resourcefulness. Some three decades later, law firms are creating ads to demonstrate their unparalleled integrity and resourcefulness. Although firms themselves have undergone profound changes since the U.S. Supreme Court decided 30 years ago this month that even lawyers were entitled to free speech, the profession's advertising manner and message ' especially among the larger firms ' have evolved very little in those 30 years, according to many industry observers.
