Driving Law Firm Profits Through Data Analytics
February 01, 2020
"Data Analytics" have become more than just buzzwords and are an integral part of well informed decision making. The following best practices have the ability to bring your firm's data management up to speed with competitors in the law industry, while turning what might be an underutilized resource into a working asset that drives revenue.
U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO
February 01, 2020
In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.
The Trademark That Got His Goat
February 01, 2020
In a recent trademark cancellation case that has drawn "human interest" attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not "kidding" when he expressed his opinion that the registered mark, described as "goats on a roof of grass," is demeaning to goats which, in turn, is offensive to him.
Data Breaches: Adding a New Layer to the Risk of Legal Malpractice
February 01, 2020
Those in the legal profession are not immune to a data breach. What's more, ethical obligations put lawyers and law firms at even greater risk for significant business, financial and reputational harm should they experience a cyberattack. Attorneys have both an ethical and legal duty to take reasonable steps to protect their clients' personal sensitive data against a cyberattack, or face serious ramifications.
Examining the Interplay Between Exculpation Clause and Fiduciary Duty
February 01, 2020
In the case of In re Solutions Liquidation, the U.S. Bankruptcy Court for the District of Delaware adjudicated a motion to dismiss filed by the debtors' former managers and officers in connection with the breach of fiduciary duty complaint filed against them by the trustee of the debtors' liquidating trust.
Strategies to Avoid or Reduce Billing Rate Discounts
February 01, 2020
For a large portion of engagements, discounts are not necessary to win the work. In fact, discounts come at a price. Both parties assume a degree of risk when margins are thinned. This article presents several techniques that you can use to re-direct discussions away from discounts and help to minimize their financial impact.
