Inside <i>Grokster</i>
August 18, 2005
The Internet industry has had a little time to sit back and examine the U.S. Supreme Court's decision in the <i>Grokster</i> case, pondering its true meaning and its impact on technology and software developers as well as the entertainment industry. In this virtual roundtable discussion, members of <i>Internet Law & Strategy</i>'s Board of Editors and other Internet law experts chime in with their thoughts. I think you'll find these comments insightful and raise the issues that the industry faces in the wake of <i>Grokster</i>.
Inducement Theory In <i>Grokster </i>Leaves Unanswered Questions
August 18, 2005
In <i>MGM Studios, Inc. v. Grokster</i>, the Supreme Court decided that the defendants could be held liable for copyright infringement perpetrated by the users of their respective software. Rather than clarifying the "significant non-infringing use" standard from <i>Sony Corp. of America v. Universal City Studios, Inc.</i>, to determine whether the defendants could be held liable for distributing a product with knowledge that it could be used to infringe, the Court utilized an alternative approach of finding liability. Turning to common law precedent and patent law, the unanimous Court held that liability may be based on purposeful, culpable expression under an inducement theory of secondary infringement. While some of the potential implications of this decision can be predicted, the full effect will not likely be clear for some time.
CD: Research and Surveys: Marketing's Most Underutilized Tools
August 18, 2005
In our industry surveys and research are performed to address timely and relevant issues, trends and data meaningful to today's lawyers, marketers and industry professionals and to gather information on the best and brightest in the legal profession. While surveys attempt to capture current trends in business and attitudes and can be used to increase your business development knowledge, examine trends in the industry so you are two steps ahead of the game, research comes in many forms and is today's smartest way to gain competitive intelligence. Before the television ads, before the radio spots, before the magazine spreads, even before the colorful brochure, comes the research and surveys. Two key and often over looked components valuable to every marketing campaign.
CD: High-Powered Recruiting
August 18, 2005
Recruiting is War. The competition for candidates is intense -- law students, lateral associates, partners with business -- it's brutal. But some savvy firms, large and small, are using aggressive marketing tools and tactics to double, even triple their hiring success. Computer games and giveaways, differentiation and direct mail, micro-sites and mailers -- the sky's the limit, and expert marketers are working in close partnership with Hiring Partners and Recruiting Directors.
How To Choose An EDD Trainer
August 03, 2005
Even the most seasoned litigator may be puzzled by such arcane terminology as deduplication, metatags, blowbacks and concept querying. To make sense of the electronic-data discovery (EDD) process in general, and to further ensure that the litigator is adept in using the selected litigation review and production tools, selecting a trainer with the appropriate skills and pedagogical technique, combined with "real world" experience in setting up review workflows and meeting production deadlines, is nothing short of critical.
Asset Finance: Next-Generation Technology Systems Critical to New Business Model
August 01, 2005
Spurred by increasing customer demands, new competitive pressures and regulatory changes, the North America equipment leasing industry is undergoing dynamic change. It will affect how lessors conduct business for years to come, with companies feverishly developing new products, income streams and distribution channels, while still seeking further operational efficiencies.
Reconciling Different Outlooks
August 01, 2005
What does a firm do when differences in philosophy and management style threaten its very existence? How do you begin to deal with the issues that have accelerated to the crisis stage? Following is the experience of one firm that had to face some difficult decisions about its future. We were requested to step in and sort out the problems with a view towards proposing solutions and providing a basis for reconciliation. This scenario presents the case of a fictional law firm, Mason & Logan, and is a composite of the types of problems encountered by a firm in transition.
State Of Law Firms Now
August 01, 2005
The legal industry faces powerful and rapid changes. Mergers and acquisitions have increased the number of national and international mega law firms ' and this trend is expected to increase. Competition in local markets is fierce as large law firms open satellite offices or buy mid-sized or small firms in cities across the nation. Accounting firms are big competitors. They employ hundreds of attorneys to serve their many existing clients and to hunt for new prospects. The shrinking number of companies created by mergers and acquisitions in the business sector makes getting new clients more competitive. With a limited client base, everyone is targeting everyone else's clients and clients are demanding better service at lower prices. But most leaders are beginning to really understand this is where the profession stands. Staying at the top in such a competitive and challenging market, however, may be something that is new to many of today's law firm leaders.
MGM v. Grokster: Inducement Theory Leaves Unanswered Questions
July 29, 2005
In <i>MGM Studios, Inc. v. Grokster, Ltd.</i>, No. 04-480 (June 27, 2005), the Supreme Court decided that the defendants could be held liable for copyright infringement perpetrated by the users of their respective software. Rather than clarifying the "significant noninfringing use" standard from <i>Sony Corp. of America v. Universal City Studios, Inc.</i>, 464 U.S. 417 (1984), to determine whether the defendants could be held liable for distributing a product with knowledge that it could be used to infringe, the Court utilized an alternative approach of finding liability. Turning to common law precedent and patent law, the unanimous Court held that liability may be based on purposeful, culpable expression under an inducement theory of secondary infringement. While some of the potential implications of this decision can be predicted, the full effect will not likely be clear for some time.
<b>Meyerowitz on Marketing:</b> Beyond The Rolodex
July 28, 2005
In the past, when lawyers at Duane Morris L.L.P. decided that they wanted to hold an executive briefing for clients, they would ask their colleagues to provide the names and addresses of the people they thought should be invited to the event. The process took weeks and was often incomplete. Now, though, the firm has streamlined the process through its use of "client relationship management" (CRM) software.
