Succession Planning Is Essential for Law Firm Survival
June 29, 2006
A major challenge law firms face today is the continued aging of their partnerships. One of the principal reasons for this is that 'baby boomers' are approaching retirement. While this is a problem for all businesses and professions in the United States, it is particularly serious for law firms because it poses a threat to their future survival. While many senior partners are both physically and mentally able to continue practicing, firms are beginning to recognize that succession planning, for both client and management responsibilities, has become essential if the firms are to continue in existence.
Patent Quality Improvements in the Works at the USPTO
June 29, 2006
In its ongoing efforts to improve the examination of software patents and resolve continued concerns over their quality, the U.S. Patent and Trademark Office ('PTO') has partnered with IBM, Open Source Development Labs ('OSDL'), and the open source community to try and achieve this goal. Among the proposals is the idea of establishing a searchable database containing an index of open source computer code. This database should make it easier for software code developers and patent examiners to locate relevant prior art.
The Bad News Is, You Have a 401(k) Plan
June 29, 2006
The good news is your firm has a contributory retirement plan and you are a participant. The bad news is that to manage your money, control much of your retirement destiny and thus the future financial welfare of you and your family, your firm has placed this responsibility in the hands of someone who is almost certainly clueless about such matters.<br>That person is you.
Asset Creation, Seclusion And Money Laundering In The Virtual World
June 29, 2006
As more and more people take up residence in the virtual world ' sometimes also called digital or synthetic worlds ' through their participation in one of the many 'Massively Multiplayer Online Role-playing Games' (MMPORGs) currently available online, the potential for monetary abuse and malfeasance also increases. While the original virtual worlds were built by private gaming companies for their subscriber base and were fully controlled by the designers and their all-encompassing End-User Licensing Agreements (EULA), new MMPORGs have emerged that provide individual players with more freedoms ' including the ability to create, seclude or launder wealth. The likelihood of this new technology being co-opted for unscrupulous purposes is great, since historically the same has happened in response to other advances in technology.
Songwriters Gain from Change in Tax Law
June 29, 2006
Tax-treatment and copyright-reversion issues are among the most complicated concerns songwriters and music publishers face. This article examines a recent change in federal tax law regarding the sale of musical compositions, as well as related tax and reversion issues.
New Directions in Patenting Process Inventions
June 28, 2006
35 U.S.C. §101 defines processes, machines, manufactures, and compositions of matter as the categories of inventions that can be the subject matter of a patent. 35 U.S.C. §100(b) defines the term 'process' to mean 'process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.' Section 101 also requires that the subject matter sought to be patented be 'useful.'
Supreme Court Chooses the Middle Ground in the eBay Case
June 28, 2006
The landmark decision of the Supreme Court in <i>MercExchange LLC v. eBay</i>, 547 U.S. __ (2006), has left many inventors and patent owners disappointed, as the Supreme Court sided with eBay and set aside the prior decision of the Court of Appeals for the Federal Circuit ('CAFC'). A closer reading of the decision, however, seems to indicate a balanced approach that gave both sides something to brag about.
Practice Tip: Will the Real Drug Manufacturer Please Stand Up?
June 28, 2006
You are defending a manufacturer in a pharmaceutical product liability action. The plaintiff has testified that she obtained a prescription from her doctor for your client's medication and filled it at a reputable, national chain pharmacy. The doctor's records confirm that the prescription was written and the pharmacy records confirm that it was filled with your client's product. Normally, that scenario would dispel any doubts concerning the adequacy of product identification and you would identify other fronts on which to defend.
Court Watch
June 28, 2006
Highlights of the latest franchising cases from around the country.
