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PROFESSIONAL SERVICES MARKETING 3.0: How <i>Bates</i> Changed the Future of Legal Practice
It's taken more than 30 years for the legal profession to overcome the long-standing tradition under which any form of frank marketing and promotional activity has been considered unacceptable.
Blame the Bates decision (Bates v. State Bar of Arizona, 1977), which not only introduced the concept of competition to the legal profession, and began creating law firm marketing as we know it today, but also began the evolutionary process that has altered the traditional nature and structure of the law firm. And continues to do so.
Where once law firms used social contacts, family connections, and the golf course to develop a practice, today's firms use the standard promotional tools of marketing, from advertising to organized networking, public relations, speeches and seminars, direct mail, selling, and now, social media. Devices once considered anathema to the professional are now considered appropriate, in pursuit of practice development. These devices, drawn from product marketing and adapted to conform to the specific nature of the legal profession and landscape, have now become part of a dedicated body of acceptable legal marketing practices.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?