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.
Bits & Bytes
February 27, 2004
News and developments in legal tech.
A New Reality for Lessors in Synthetic Leasing Transactions
February 10, 2004
In a discussion of the Financial Accounting Standards Board (FASB) Interpretation No. 46, Consolidation of Variable Interest Entities, in the November 2003 issue of this newsletter, Jeffrey Ellis wrote that: "accountants will be struggling to implement the guidance in FIN 46 for a while longer." The multiple FASB staff positions issued, ongoing public comment, and lengthy discussions at FASB meetings concerning changes to existing guidance on consolidation of variable interest entities, continuing almost a full year after issuance of the rules, confirm his conclusion. The effective date for certain applications of FIN 46 was delayed until Dec. 31, 2003, but all of the Big Four firms continued to clamor for guidance. With that new deadline only days away, FASB issued FIN 46-R on Dec. 24.
FTC Approves 'Merger to Monopoly' in Innovation Market
February 10, 2004
The intersection of intellectual property and antitrust has been the subject of much fanfare over the past decade. The antitrust agencies have held numerous workshops where enforcement officials and practitioners have debated the scope and limitations of antitrust when such principles intersect with IP rights. The most notable work product generated as a result of this focus has been the 1995 Guidelines setting forth antitrust policy for the Licensing of Intellectual Property issued by the Department of Justice (DOJ) and the Federal Trade Commission (FTC).
The Evolution of a Lease Provision: Sublease and Assignment
February 09, 2004
In the absence of a lease provision restricting subleasing and assignment, common law permits a tenant to freely sublease its leased premises or assign its leasehold interest in the leased premises. In order to provide for maximum landlord control over a tenant's ability to sublease or assign its leasehold interest, while at the same time balancing the need of tenants for an exit strategy, modern forms of leases contain extensive assignment and sublease provisions. This article traces the manner in which those provisions have evolved over the years.
Risk Assessment and Post-Market Programs
February 09, 2004
How do the medical device industry and the FDA prevent risks to the end user once the product is marketed? There is no simple answer to this question. Post-market vigilance in terms of risk assessment involves complex issues. These issues involve a cost/benefit analysis in terms of a "best approach" to post-market co-vigilence.
FDA Cannot Force an Over-the-Counter Drug Switch
February 09, 2004
Does the Food and Drug Administration have authority to force manufacturers of prescription drug products to switch those products to over-the-counter (OTC) distribution against their will? The FDA is currently grappling with this issue, a dispute that has generated substantial controversy, including statements by FDA officials and coverage in leading newspapers.
