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Betting on Litigation
Lawyers today seem to be the favorite butt of jokes. Perhaps the only thing businesspeople like less than lawyers is the ordeal of going to court. Certainly, the perception among many is that American lawyers 'sue first, (and) ask questions later' ' to the tune of an average legal bill of $20 million per year for litigation for major U.S. corporations, according to a recent survey (see, http://houston.bizjournals.com/houston/stories/2006/10/09/daily16.html).
Ironically, technology is playing a role in nurturing this inaccurate perception at a time when lawyers more than ever need technical savvy ' especially those involved ever more in advising e-commerce ventures. A simple Google search reveals many Web sites that perpetuate the 'sue-first-question-later' myth (see, eg, www.mediationtools.com/articles/suefirst.html or www.princeton.edu/~innov/may2004/m2004viewpoint.htm). A university scholar has even published a book about lawyer jokes (www.amazon.com/Lowering-Bar-Lawyer-Jokes-Culture/dp/0299213501).
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The 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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.