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.
Fraudulent Rent Registrations
November 29, 2005
Last month's issue analyzed the Court of Appeals' determination in <i>Thornton v. Baron</i>, invalidating the illusory tenancies. This month, we focus on the court's computation of rent due.
The Right To Copy ' and Use ' Unprotected Product Designs Is Alive And Well
November 29, 2005
The Seventh Circuit has reaffirmed a competitor's right to copy and use unprotected product designs ' and clarified the ability to do so without violating the Lanham Act for "passing off" or trade dress infringement. <i>Bretford Mfg., Inc. v. Smith System Mfg., Corp.</i> This article examines the legal precedent behind the right to copy and use unprotected product designs in the context of this case, and provide analysis of its impact.
Beastly Beauty Contest for Preferred Providers
November 29, 2005
In this compelling snapshot of a growing trend, Eriq Gardner describes the newly expensive vetting procedures now faced by outside firms choosing to pursue business with a highly demanding large client. Gardner also touches on law business practices (<i>eg</i>, long-term fixed-fee contracting for an entire class of a client firms' litigation needs) that may bode ill for the quality of justice produced by the overall legal system
Improving Associate Retention Through Confidential Interviewing
November 29, 2005
Partners in law firms of all sizes and specialties now realise it is one thing to attract high quality associates, but an even more difficult challenge to retain them. Competition for top quality associates continues to intensify, so effective associate retention is more important than ever.
Disallowance and Subordination of Transferred Claims
November 29, 2005
Bankruptcy claims traders are currently on the lookout for a decision from the Enron bankruptcy court that could add significant uncertainty to distressed debt markets. The court has under advisement the issue of whether claims sold post-petition are subject to disallowance under ' 502(d) or equitable subordination as a result of pre-petition conduct or receipt of avoidable transfers by the transferor.
Cooperating with NYSE Member Reviews
November 28, 2005
The framework that prosecutors and regulators use to assess a corporation's response to corporate wrongdoing changed forever on June 16, 1999. That day, then-Deputy Attorney General Eric Holder announced DOJ's new principles for the prosecution of corporations. The so-called Holder Memorandum emphasized cooperation with prosecutors and the requirement that corporations make full and voluntary disclosure of wrongdoing if they hoped to avoid or mitigate prosecution. The twin themes of cooperation and disclosure have become the standards by which federal and state prosecutors and regulators now judge a corporation's response to instances of corporate misbehavior.
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.
LexisNexis Market Intelligence
November 14, 2005
Understanding the business challenges law firms face in obtaining and leveraging Competitive Intelligence is critical for legal IT professionals to help provide the support and expertise marketers need for client development. In addition, keeping up-to-date on new technology tools for law firm marketers will help IT professionals as they drive the technology selection and implementation process.
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.
