The RED ZONE - Selecting Outside Counsel
May 01, 2007
HIDDEN DECISION MAKING by inside counsel needs to be overcome by law firms. This is one of 4 categories outside counsel and marketing departments must identify. What are the questions to ask?
Climate Change: Issues for Policyholders
April 30, 2007
In a ruling characterized as 'one of its most important environmental decisions in years' and a 'strong rebuke to the Bush Administration,' the U.S. Supreme Court held recently that the U.S. Environmental Protection Agency has authority to regulate emissions of greenhouse gases ('GHG') that contribute to climate change. Linda Greenhouse, <i>Justices Say E.P.A. Has Power to Act on Harmful Gases</i>, New York Times, Apr. 3, 2007 (discussing <i>Massachusetts v. Environmental Protection Agency</i>, No. 05-1120 (U.S. Apr. 2, 2007)). The Supreme Court's ruling in <i>Massachusetts v. EPA</i> could trigger long-anticipated regulation of GHG emissions in the United States, dramatically changing the regulatory environment in which U.S. businesses operate.
IP Branding: Adding Value to a Business
April 30, 2007
As the U.S. economy begins to switch from an industrial model to a knowledge-based one, business owners must adapt their traditional means for conveying the value of their assets. Intellectual property ('IP') is an intangible asset often overlooked by investors in assessing the value of a business, because companies fail to provide a useful metric for its value. IP branding is a business strategy that educates potential investors, licensees, and even competitors about the quantifiable worth of a company's intangible assets, such as patents and trademarks. Although branding has historically functioned in the traditional trademark sense to identify tangible products and services and to distinguish them from competitors, thereby giving the owner of the brand market power, it applies equally to other forms of IP. In a nutshell, the value of a firm or business is equal to not only the inherent value of its IP, but also the value added from the successful branding of a company's intangible assets. This article presents four key steps, with a focus on patents and trademarks, toward adding an IP branding strategy to an existing business model.
Client Speak: A Matrix of Understanding
April 30, 2007
By now, 'knowing the client' is a marketing bromide and a fairly tired one at that. To reinvest the mantra with actionable meaning, law firms must understand the in-house dynamic ' they must know how in-house counsel actually think ' in very specific terms.
Ninth Circuit Follows TTAB Policy: Questions Remain As to What Kinds of Unlawful Acts Bar Trademark Rights
April 30, 2007
The Ninth Circuit, in a case of first impression in that circuit, recently adopted the long-standing policy of the U.S. Patent and Trademark Office's ('PTO') Trademark Trial and Appeal Board ('TTAB') that 'use in commerce only creates trademark rights when the use is <i>lawful</i>.' <i>CreAgri Inc v USANA Health Sciences Inc.</i>, 474 F.3d 626 (9th Cir. 2007). The Ninth Circuit in <i>CreAgri</i> noted that 'at least one [other] circuit has adopted and applied this rule. <i>See United Phosphorous, Ltd. v. Midland Fumigant, Inc.</i>, 205 F.3d 1219, 1225 (10th Cir. 2000).'
Midsized Law Firms Shift Recruiting Strategies
April 30, 2007
Big law firms are snatching up qualified graduates as quickly as law schools can churn them out. And with those schools graduating about the same number of students each year, some observers say the tightest squeeze is on midsized firms, those with 150 to 350 attorneys that also want a steady, though smaller, supply of associates each year.
Using Cartoons in PowerPoint Presentations
April 30, 2007
Humor through cartoons can have a greater impact if strategically placed. This article touches upon some important factors when considering these special forms of illustrations for your next PowerPoint presentation.
