An Overview of Twombly on Patent Pleading Disputes
April 30, 2008
In <i>Bell Atlantic Corp. v. Twombly</i>, an antitrust case, the U.S. Supreme Court put to rest the five-decade-old pleading standard from <i>Conley v. Gibson</i> that 'a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief.'
Profitable Use of Associates
April 30, 2008
To evaluate its policies and procedures for associate recruiting, career development, and profitability, a firm must take stock of its current recruiting and associate career development program, assess its future needs, and set in motion a unified plan that involves all components of the organization.
Bringing Lateral Attorneys on Board: A Blueprint for Success
April 29, 2008
Part One of this article discussed the importance of personal ownership of the lateral integration process and the importance of a formal business plan for lateral moves. This second installment addresses the more specific elements of the business plan and other 'how's' and 'how not's' in the lateral integration process.
Bit Parts
April 29, 2008
Artist Consultant/Unfair-Competition Claim<br>Insurance/Intra-Band Litigation<br>Royalty Complaint/Ringtone and Download Licenses<br>TV-Affiliation Agreements/Promotional Payments
Hollywood Ties to Anti-Piracy Push Across India
April 29, 2008
A robust local film industry has kept American films on the margins in India. Foreign films account for only 3% of the market in India, compared to European countries, where American movies account for between 70% and 95% of films shown. So if the United States wants to make a point about film piracy in India, it needs to show Indians that piracy hits the market for their own films, not just those of foreign companies.
Local Search Marketing Strategies For Driving Clients To Your Web Site
April 29, 2008
Most people don't seek a lawyer until they need one. If they are buying real estate, suing someone, or have been arrested, then they need a lawyer fast. And when these prospects need a client fast, they turn to the Internet to find one. To get your share of these motivated prospects and turn them into clients, you will need to develop a comprehensive Search-Engine Marketing ('SEM') strategy. An effective SEM campaign ' combined with local search engines ' can reach new clients you're seeking and help you further develop new content for your site that keeps them coming back.
Search Engine Optimization for Law Firm Web Sites
April 29, 2008
'Search engine optimization' and 'marketing' are the hottest buzzwords in the digital agency space in 2008. Why is this? Marketing and IT professionals have been able to track Web site visitors and understand online customers for long enough to confirm that traffic is mainly driven from the major search engines using a combination of keywords and phrases.
Evaluating e-Discovery Solutions to Reduce Cost and Risk, and Comply with the FRCP
April 29, 2008
More than 40 sanctions cases ' resulting in millions of dollars in fines ' have been decided in one year since revisions to the Federal Rules of Civil Procedure ('FRCP') took effect. In contrast, only two have been recorded under the Sarbanes-Oxley Act since it was put into place in 2002. The 2006 changes to the FRCP specifically require that companies ensure all potentially relevant electronically stored information ('ESI') associated with litigation is preserved and protected, with a subset ultimately produced when required. While on the surface this may sound simple, those in the trenches on both sides ' legal and IT ' have war stories to tell of hard lessons learned. Organizations that do not take a comprehensive approach to managing ESI for discovery may fall prey to fines, sanctions and worse.