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Counterfeit Drugs: A New Source of Product Liability?
August 01, 2003
Drug counterfeiting robs pharmaceutical manufacturers of their investment in patents, trademarks, copyrights, and trade dress. It robs pharmacists and consumers of money, for worthless and sometimes dangerous products. It undermines the integrity of and consumer confidence in the American health care industry and in the government's ability to regulate it. More troubling than all these systemic evils, drug counterfeiting has the potential to allow controllable illnesses to ravage patients unchecked, to spread rather than stop disease, and to injure and kill.
Why Web Sites Fail: Part III - Usability
July 01, 2003
While there are as many reasons for failure as there are different kinds of Web sites, this three-part series is based on experiences I have had over the past 5 years as a Web site builder and refers to Web sites that are used for client acquisition, customer relationship management and e-commerce. This third part addresses how people use Web sites and why they often leave before finding what they want.
Private Companies Join the Club
July 01, 2003
According to AMR Research, which recently surveyed 60 Fortune 1,000 companies, it is estimated that the Fortune 1,000 will spend $2.5 billion in 2003 alone in costs associated with Sarbanes-Oxley Act (the Act) compliance. How much more will be spent by smaller public companies and by those in the private-company sector is a mystery, but the total costs - in cash, time, consulting fees, lost opportunities, and human resources - will surely be staggering.
Director Liability on the Table
July 01, 2003
Two recent court decisions could have an impact on the future liability of directors at public and private companies.
Flight to Quality: Why Business Plans Don't Get Funded
July 01, 2003
Your business plan is very often the first impression potential investors get about your venture. But even if you have a great product, team, and customers, it could also be the last impression the investor gets if you make any of these avoidable mistakes.
The Low Down on Down Rounds
June 01, 2003
The following is an excerpt from a conference call hosted by VCExperts.com, of which <i>Advising Start-Up &amp; Emerging Companies</i> Editor-in-Chief Joe Bartlett is Chairman. Participants included Joe Bartlett, Mike Halloran, senior partner in Pillsbury Winthrop LLP's 341-lawyer corporate and securities practice group, and Tom Gump, Senior Associate in the corporate and securities group in the San Francisco office of Pillsbury Winthrop.
Why Web Sites Fail: Marketing
June 01, 2003
This next article in the "Why Web Sites Fail" series examines the reasons why Web initiatives frequently do not meet their intended goals. While there are as many reasons for failure as there are different kinds of Web sites, this series is based on experiences I have had over the past 5 years as a Web site builder and refers to Web sites that are used for client acquisition, customer relationship management and e-commerce. This article addresses the underlying foundation of Web site communications - marketing.
The <i>Ashley Albright </i>Case: A Mixed Message About LLC Business Asset Protection
June 01, 2003
On April 4, 2003, the United States Bankruptcy Court for the District of Colorado rendered its decision in <i>In re: Ashley Albright</i>. In the case of single-member LLCs, the <i>Albright</i> decision seriously weakens an important LLC business organization law feature often referred to by LLC practitioners as "business asset protection." In the case of multi-member LLCs, the decision significantly strengthens this feature. As discussed below, the decision has important implications not only in entity formation practice generally but also for the VC/PE community.
How Can an Investment Invalidate a Patent?
June 01, 2003
Structuring a venture capital investment is almost always tricky, but if both sides aren't careful, they may inadvertently create problems with any pending patent applications the target company is prosecuting. The U.S. Patent and Trademark Office (USPTO) allows certain parties, such as small businesses (referred to generally as "small entities"), to pay reduced fees. This can be a big benefit to small businesses and individual inventors, many of which have only limited funds with which to prosecute a patent application.
How to Sell a Coaching Program to Your Firm
May 01, 2003
You've seen or experienced the benefits of coaching firsthand. Now you want to persuade your firm to institute a coaching program for business development and/or general professional development. How do you go about it? The best approach is one that combines rational arguments, strategic "lobbying" and appeals to the ultimate decision-makers - in a way that best matches each individual's personal style.

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