'Coming to America': PM Forum North America
March 01, 2004
By way of Europe and, more specifically, London, a certain brand of "forum" ' the PM Forum ' has arrived in North America. The PM Forum, the world's largest marketing association serving the professional services industry, has launched the PM Forum North America, bringing together professionals from the world of law, accounting, consulting and real estate.
The Three-Headed Sales Monster
March 01, 2004
Discussions about cross-selling in law firms remind me of the well-publicized discussions a few years ago in the scientific world about cold fusion. Both represent their respective professions' Holy Grail, but no one has really made much meaningful progress toward either, in part because there are some very real and persistent barriers. More significantly in the case of cross-selling, the problem is self-created. By associating themselves and their value to clients exclusively with their practice specialty, lawyers create and perpetuate a product-centric focus that is the root of the cross-selling problem.
When to Seek Opinion Counsel in Patent Litigation
March 01, 2004
Your company is vigorously developing new devices and methods in a promising technical area. The head of the development team calls you, as general counsel, for advice. Two U.S. patents were just issued that may impact a device your company is prepared to market and the method your company uses to make the device. You also have received a letter from your most vigorous competitor — one who has a well-funded technology program and a history of pursuing infringement actions. The letter advises that there is reason to believe that your company is infringing. Your company believes that it has the right to proceed to market, but wants your guidance on what to do.
True Lease v. Disguised Security Interest: A New Dilemma
March 01, 2004
Over the past several years, courts faced with the issue of whether a lease is a "true lease" or a "disguised security interest" have been making it more and more difficult for lessors to have their leases confirmed as true leases. Through a process of focusing on economic reality instead of the intent of the parties and increasing the amount of residual value required at the end of a lease term, courts are creating a dilemma for the leasing industry. Certain segments of the equipment leasing industry are more severely effected by these changes than others.
Reforming Characteristics of Maintenance Deposits to Avoid Treatment as Cash Collateral
March 01, 2004
One of the common issues facing businessmen and lawyers in the lease financing of complicated equipment such as aircraft, is how to impose an obligation upon the lessee to pay and segregate funds sufficient to assure aircraft maintenance expenses, while preventing these funds from being treated as property of a debtor and cash collateral within the meaning of Bankruptcy Code Section 363 (11 U.S.C. '363). If a lessee is asked in a written lease agreement to deposit, from time to time, contemplated amounts of cash by which to assure the lessor that certain long-term maintenance obligations will be funded and completed, or that rent will be paid, then there is a risk that these deposits might be treated as cash collateral and property of the estate. This subjects the lessor to the risk that the bargained-for cash set-aside funds, might, in a bankruptcy case context, not be available for the purposes for which they were originally intended. This article addresses a risk avoidance approach to that problem.
In The Marketplace
March 01, 2004
Highlights of the latest equipment leasing news from around the country.
Web-Tracking Data: An Under-Utilized Legal Resource
March 01, 2004
Several years ago, businesses like WebSideStory began offering dedicated Web-tracking services. These services can capture and analyze many aspects of Web traffic and create a multitude of customized reports. Such digital market research has become indispensable to many online businesses. (Its use has also raised many concerns about privacy, which are beyond the scope of this article.) On the other hand, it offers significant, yet largely unrecognized, benefits to trademark attorneys in their efforts to assist clients. This article briefly outlines some of the ways that trademark attorneys can utilize this data.
IM: Plenty of Benefits, But Risks Too
March 01, 2004
Like many other businesses, the financial sector has embraced e-commerce as a way of expanding. Today, online banking is fairly common. Many financial institutions offer a variety of products and services for commercial and retail customers. And the finance market is mirroring wider use of all things "e" by taking e-business a step farther with the use of instant messaging (IM) to provide faster customer-inquiry responses. But although IM use often allows them to provide better customer service, it also exposes institutions to a variety of potential risks.
Recognizing and Managing Serial Litigation
March 01, 2004
Among the challenges facing product manufacturers in the 21st century are recognizing and managing the legal threat posed by multiple, individual product liability lawsuits in multiple jurisdictions.
Rollout Strategies for Success
February 27, 2004
The challenges of successful software adoption within the law firm environment are daunting. Lawyers historically have lagged behind users in other industries in technology uptake. They have little non-billable time they can devote to learning the nuances of a new software package or attending extended training classes. And unless the benefits of the system are obvious at the onset, they have little inclination to make the time. Everyone knows that enterprise technology is of no use unless it's adopted successfully by the organization, yet internal marketing of new and existing systems is shockingly low. Indeed, the need to formulate a proactive internal marketing strategy within the firm is of fundamental importance when rolling out enterprise software. Law firms have not always done this successfully. This article examines the critical elements of a successful internal marketing strategy and how one firm, Brown McCarroll, used many of these techniques to achieve firm-wide acceptance of its CRM solution.
