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IP Litigation: What Is It Good For?
Military strategist Carl von Clausewitz once famously observed in his classic “On War” that: “War is the continuation of politics by other means.” In the same vein, many sophisticated and experienced business lawyers simply view litigation as another form of negotiation to reach a client's strategic goals ' albeit a very expensive one.
In contrast, litigation really is good for absolutely nothing, in the view of most executives who must pay the lawyers. Certainly, no one who “does” deals, or counsels businesses, likes to be hauled into court. Everything involved with litigation is expensive, from the attorneys who must be on call for hours on end awaiting trials and hearings, to the all-consuming preparation involved before each appearance. Moreover, litigation is tremendously disruptive, because it changes a firm's focus. Instead of emphasizing the tasks of getting and keeping new business, litigation diverts attention to second-guessing what has already occurred and planning to avoid liability.
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.