The Litigation Balancing Act
April 29, 2004
The principles of "you get what you measure" and "you cannot manage what you cannot measure" seem self-evident. And, to be sure, in most large commercial and public-sector entities, integrated performance-management systems have evolved into foundational elements that support how these organizations are run. <br>But it seems odd that one of the highest-risk and highest-exposure ' and politically and economically sensitive ' business processes has escaped proper measurement: litigation response.
The 'New Normal': SARS Liability Implications
April 27, 2004
Without disease and illness, there would be no need for life science companies or the products that they develop. Some modern maladies and ailments present more challenges than opportunities for biotech and medical device firms. Severe Acute Respiratory Syndrome (SARS) and comparable pathogens present medical device and life science manufacturers with new and daunting risks. One such peril lies in the realm of product liability.
True Lease or Secured Financing?
April 26, 2004
In the Chapter 11 context, it is common for interested parties to challenge the characterization of a Chapter 11 debtor's obligations under an agreement styled as a lease. A Bankruptcy Court's determination as to whether a transaction is a "true" lease or a secured financing can have far-reaching consequences on the administration of a debtor's Chapter 11 case and the respective rights of each party to the agreement. As the recent decision by the Third Circuit Court of Appeals in <i>Duke Energy Royal, LLC v. Pillowtex Corp. (In re Pillowtex, Inc.)</i>, 349 F.3d 711 (3d Cir. 2003) illustrates, when faced with the question of whether a transaction constitutes a "true" lease or a secured financing, bankruptcy courts will look beyond the form to the substance of the parties' agreement.
Avoid Oversights in Lease Amendments
April 23, 2004
The following scenario frequently occurs: A multi-tenant office building landlord requests its counsel to take a quick look at a proposed two-paragraph lease amendment that the landlord drafted itself. The landlord explains that the tenant has agreed to extend the lease term and establish a new base rental rate for the extended term. Very simple and straightforward, correct? In reality, if the landlord and tenant had signed the two-paragraph lease amendment, they would have made some potentially costly errors, overlooked several issues and bypassed an opportunity to capture more comprehensive provisions that, at a minimum, should have been considered for inclusion. This article will help attorneys avoid some common oversights when working on lease amendments and identify some opportunities that should be assessed during the amendment-drafting phase.
Attractive Prospects for Suburban Law Firms
April 12, 2004
Two panelists in the Recruiter Views article note current economic trends that favor midsize firms. In this article, the managing director of a suburban midsize firm describes how to position such a firm for profitability.
Legal Business and Employment Outlook: Recruiter Views
April 12, 2004
The following remarks are excerpted from "The Outlook for 2004: A Recruiter Roundtable." Lawyers, firms and corporate legal departments can all find reasons for optimism in over a dozen interrelated trends identified by this thoughtful panel.
Supreme Court Will Decide Whether Fair Use Defense Survives a Showing of Likely Confusion
April 01, 2004
On Jan. 9, 2003, the U.S. Supreme Court granted certiorari to decide whether a fair use defense to trademark infringement can trump a finding of likely confusion. <i>KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.</i>, 328 F.3d 1061 (9th Cir. 2003), <i>cert. granted</i>, 124 S. Ct. 981 (2004). The decision to grant certiorari in this case is especially interesting in light of other recent cases also from the Ninth Circuit in which certiorari was denied.
IP Finance and Law: Four Vignettes
April 01, 2004
Intellectual property is an asset class and patents, prominent members of that class, are call options on the economic value of the covered technology. Because patent value can be substantial, and because the values of companies can be significantly impacted by the value of IP assets, the intersection of finance and patent law is increasingly common. In particular, here are four vignettes in which they intersect.
The Branding Bandwagon is Losing Its Wheels
April 01, 2004
A recent article in a legal publication stated, "there's a growing realization that money spent on branding campaigns hasn't paid off," referring in particular to the branding efforts of some large law firms. If this is true, what should your firm do about it? Should your firm jump on or off the "branding bandwagon"? How did branding become so prevalent?
Making Your Network Work
April 01, 2004
Ask any attorney in a specialized practice area to identify their most effective sources of new business, and you'll probably hear "referrals from other lawyers" listed as one of the best ways of meeting profitable new clients. One increasingly popular method of generating referrals from lawyers in other geographic areas is to participate in a law firm network or association.
