The Cost of Cooperation
September 30, 2004
Cooperation with government investigators has long been important for companies under the specter of an investigation. Under current agency policies and practices of the Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ), and relevant provisions of the Sentencing Guidelines for Organizational Offenders, a "cooperative" corporation can realize substantial reductions in penalties or even avoid an enforcement action altogether. Seaboard Corporation in 2001 and HomeStore, Inc. in 2002 are excellent examples -- both were able to avoid SEC enforcement actions because of the extent and nature of their cooperation with investigators. The multi-million dollar question is what will be defined as "cooperation."
Controlling The Information Flood: Are You Ready To Wade In These Waters?
September 28, 2004
When talking about the Internet, we are usually confronted with a good news/bad news situation. The good news is that the volume of information readily accessible via the Internet continues to grow exponentially. The bad news is that the overwhelming volume of Internet sources and content makes finding relevant information inefficient and often frustrating. The challenge is to find the proverbial needles in this ever-expanding haystack, which some sources say is expanding by 20 million pages per day.
Keeping The Attorney-Client Privilege In-House
September 28, 2004
Attorney-client privilege should technically apply equally to in-house and outside counsel. However, it has been narrowed in the context of in-house counsel, partly due to the fear that mere participation of in-house counsel will be used to seal off disclosure of information about the basis for business transactions simply by funneling their communications through an attorney. <br>Determining when the attorney-client privilege applies to in-house counsel is a fact-specific analysis complicated by different roles that in-house counsel play.
Eolas Technologies v. Microsoft: A Premium Royalty Base
September 09, 2004
In a hypothetical negotiation, what is the value of a relatively small piece of patented technology when it is integrated as a component of a much larger product? If the patented technology is part of Web browser software that is bundled with an all-encompassing operating system, the answer would appear to be — a lot — at least according to one of the largest patent infringement damage awards in recent years.
Oogles Of Google
September 08, 2004
Stories abound as the popular search engine goes public.
A Primer on Licensing Music For Digital Distribution
September 02, 2004
Digital distribution contracts are still in their infancy as music industry practices in this area continue to solidify. As digital channels of distribution continue to penetrate the music world, it is increasingly crucial that entertainment professionals understand the nuances of licensing content for use online. This article explores current practices in this area.
A Haven For Straight Talk: <b>Don't Measure Twice ... Measure Expertly</b>
September 02, 2004
Marketing is a process; one that hopefully benefits your firm. A beneficial process requires improvement. Improvement requires measurement. It's very simple, and yet many firms carry out no marketing measurement, or only perform measurements that are meaningless from a planning standpoint.
Legal Sales Conference Is First Of Its Kind
September 02, 2004
The inaugural "Raindance" conference of the Legal Sales and Service Organization took place in Boston in June. It marked the first time ever that there was a critical mass of people to hold a conference devoted sales and business development in law.
