We found 6,352 results for "Marketing the Law Firm"...
What Constitutes a 'Security'?
June 22, 2004
The definition of what constitutes a "security" has broadened and changed dramatically over the years under both case and statutory law. Attorneys concentrating in securities law (whether by virtue of litigation or transactional work), as well as governmental and self-regulatory organizations, ranging from the Securities and Exchange Commission (SEC) to the National Association of Securities Dealers (NASD) to various exchanges, have been dealing with the increasingly complex question of what constitutes a "security." This question is often posed to resolve particular claims in specialized venues, testing the acumen of even the most sophisticated securities practitioners and industry members. This two-part article describes the transfer process and offers sample forms as examples.
Harassment Action Dismissed on Foreign Sovereign Immunity Grounds
June 04, 2004
A recent Second Circuit decision clarifies the application of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602 <i>et seq.</i>, in a discrimination case filed against foreign governments and their agencies and instrumentalities.
NYC Alleges Pharmaceutical Companies Manipulated the System
June 01, 2004
The City of New York filed three lawsuits in May against drug manufacturers it claims overcharged it for pharmaceuticals. The suits, brought in three district courts, claim that GlaxoSmithKline (GSK) and Purdue Pharma L.P. kept prices artificially high on pain reliever OxyContin', antidepressant Paxil', and antibiotic Augmentin' by using false and misleading methods to extend their drugs' patents.
Drug Importation Task Force Completes Its Listening Sessions
June 01, 2004
Over the past few months, the Task Force on Drug Importation has held its so-called "listening sessions" with groups and individuals that would be impacted by drug importation, should it be legalized. At the meetings, U.S. Surgeon General Richard H. Carmona served as the chairman over a panel of representatives from the Department of Health and Human Services, as well as from other departments of the federal government with an interest in drug importation issues (see sidebar on page 5). The task force's members are being asked to offer recommendations to Health and Human Services' Secretary Tommy Thompson by December 2004 concerning how best to address key questions posed by Congress as part of the Medicare Prescription Drug Act, such as how drugs can safely be imported, what the impact of such imports would be on incentives to drug research and development, and how much the policing of imports would cost the government.
Editing Software Reignites Ire Of Film Directors
June 01, 2004
This spring, RCA launched a DVD player that includes a software program by ClearPlay Inc. that is preprogrammed to filter out nudity, sex, violence and harsh language from hundreds of movies ranging from "Lost in Translation" to "The Cat in the Hat." <br>The technology has created a furor in Hollywood, with a group of 16 prominent directors ' including Stephen Spielberg, Martin Scorsese, Robert Redford and Stephen Soderbergh ' teaming up with seven motion picture studios to get it off the market. The directors claim the editing violates their trademarks by mutilating and diluting their movies, while the studios argue it infringes their copyrights by creating derivative works.
Multiple-Currency Operation: Challenges and Advantages
June 01, 2004
With more U.S. law firms serving ' or becoming ' global enterprises, many readers will need to gain new fluency in dealing with foreign currencies and exchange-rate issues. Before you immerse yourself in technical details, here's a preview of some practical issues you may encounter and some business advantages you might seek.
Accounting Mismatch Spins Accrual Fate for Merger Deal
June 01, 2004
Last month's edition featured a new book excerpt on resolving balance sheet issues in law firm mergers. This recent news report on Pennie & Edmonds underscores the potentially extreme challenges of harmonizing disparate accounting systems.
Triggering Excess Insurer Duties Without Full Payments by Primary Insurers
June 01, 2004
During recent years, insureds have faced a wide range of claims with potential liability exceeding the limits of their primary insurance policies. In such a setting, excess insurers typically argue that their duties are not triggered unless and until the primary policy has paid its limits. Such arguments should not be readily accepted. Excess insurers owe duties even before primary policies have exhausted. And, when a primary insurer settles with its insured, excess insurers may be obligated to pay under their policies even if the settlement was for less than the primary policy's limits.
IP Value After the Bubble
June 01, 2004
Enterprise value is the difference between a company's book value and a company's market capitalization. It is a consequence of the difference between value as defined by generally accepted accounting principles and value as defined by investors. Over the past few years, enterprise value has been used as a proxy for intellectual property value. During the market bubble years when market capitalizations were well in excess of book values, IP emerged as the new "must have" high-value asset. Skeptics now suggest that the collapse of the bubble took the air out of patent value. This author and his firm suggest that a requiem commemorating the demise of patent value would be premature. We also suggest that there is good empirical evidence why market-based valuation systems for IP are reasonable.
IP Due Diligence: What Does It Mean to You?
June 01, 2004
The evaluation of the assets and liabilities of a business is referred to as a due diligence review. Most commonly, these evaluations determine the value of a business for purposes of investment or the establishment of a relationship with the business. Because the value of intellectual property has increased substantially recently and patent protection in many countries has expanded to cover software and business methods, businesses without IP assets and existing or potential IP-related liabilities are rare. With the consistent increase in damages for IP infringement and the possibility of business-crippling injunctions, it is likely that any business will be subject to, or will itself conduct, an IP due diligence.
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- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›