Staying Competitive in the Lateral Partner Market
September 06, 2005
Over the years, it has become clear to me that being successful in the lateral market has as much to do with a firm's recruiting process as with the firm's AmLaw ranking. Those who understand the game, regardless of their size, regularly outperform those who just don't "get it." Below is an examination of some factors that separates the players from the also-rans.
Venture Capital-Free Accelerated Monetization of Non-Core IP: A Case Study of an Innovation Company
September 01, 2005
Monetizing non-core IP is rational, practical, and increasingly common. The IP literature is now rich with examples of accelerated monetization of cash-generating IP through the transfer of assets and risks, usually assisted through some form of structured finance. The literature is even richer with countless examples of painstakingly slow monetizations of non-cash-generating IP usually through joint ventures or venture capital-backed transactions. We describe a case in which non-core IP was monetized rapidly after which the bulk of the reward potential remained in the hands of the original IP owners. We suggest that when non-core IP is generated consequent to market demand in the course of the Parent's operations, and merely happens to reside outside the Parent's core business, a rapidly structured Parent-financed spin off can create accelerated financial and strategic benefits.
Keeping Tabs On Internet Identity
September 01, 2005
No technology issue concerns -- or should concern -- individuals, e-commerce and government regulators more than Internet identity theft. The statistics are staggering. In the last year, LexisNexis reported that unauthorized people apparently took personal information on more than 30,000 Americans from its database -- by stealing logins and passwords of legitimate customers. Another data broker, ChoicePoint Inc., reported a possible theft of similar data from as many as 145,000 people through individuals claiming to have legitimate and legal use for the data they purchased from ChoicePoint. But those numbers look small (except, of course, to the affected individuals) when compared with the identity-theft problem acknowledged by Bank of America -- involving about 1.2 million federal employees.
Compensation Contradictions
August 31, 2005
The mandatory retirement and similar policies that firms have wielded to effect such transitions are now under threat. The U.S. Equal Employment Opportunity Commission presented a clear legal challenge earlier this year when it sued Sidley Austin Brown & Wood, alleging age discrimination in the firm's dismissal and demotion of older partners. But an even greater challenge to firm retirement policies may be posed by the growing number of older partners who feel they have remained highly productive and insist on holding onto privileged positions, either by negotiating special arrangements or by decamping to other firms.
Quarterly State Compliance Review
August 30, 2005
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect during a very active summer of 2005. This edition also examines three recent Delaware Chancery Court decisions dealing with the increasingly important statutory right to inspect books and records.
Corporate Compliance And How It Relates To Litigation Data-Management
August 30, 2005
If we counted a penny for every general counsel, chief information officer or information-technology director who laments the passing of the regulatory-agency laissez faire policies of old, we'd give Donald Trump a run for his money. The simple truth is, there is no going back -- Sarbanes-Oxley, Gramm-Leach-Bliley, the Safe Harbor Protection Act and European Data Protection Directive -- they're all here to stay.
