Same As It Ever Was?
April 02, 2015
Although several important questions remain unanswered by the Supreme Court, present case law suggests that arbitration clauses may permit consolidation even if those clauses do not address the issue overtly, and that arbitrators, rather than courts, make those decisions.
The New Attorney General and You
April 02, 2015
Loretta Lynch, formerly United States Attorney for the Eastern District of New York, likely will be the newly confirmed Attorney General of the United States by the time you read this. As spectacle, a changing of the guard is always worthy of note. But for others who are embroiled in or worried about investigations, the change may matter a great deal.
At the Intersection: The LPM Maturity Model
April 02, 2015
Unless you are deaf to the present realities in today's legal marketplace, you now hear the steady drumbeat of client-focused legal service delivery: a persistent rhythm driving you toward Legal Project Management (LPM). Clients are insisting that firms price and deliver services that fit their tolerance for risk, produce excellent results and keep the work within budget.
Federal Circuit Clarifies the Limits Of Patent Exhaustion
April 02, 2015
The Federal Circuit recently clarified the limits of patent exhaustion as it applies to "authorized acquirers" and "complementary goods," holding that authorized sales to persons practicing handset claims did not exhaust a patent owner's rights to enforce distinct but related content claims against defendant content providers who manage and deliver content to handset users.
Effect of Omnicare On Private Placements in Film Ventures
April 02, 2015
In the entertainment industry, we frequently see private placement memoranda seeking to raise capital for films and that refer to success stories and independent films that became box office hits. But the U.S. Supreme Court's decision in <i>Omnicare v. Laborers District Counsel Construction Industry Pension Fund</i> should make all producers think twice about whether, or how, to include these success stories.
<b><i>Practice Tip:</i></b>Government Investigations and Proceedings
April 02, 2015
An area of significant concern for most companies is an investigation by a government regulator, and the subsequent administrative proceeding. Not only is there the possibility of fines and penalties, but the defense costs incurred in defending against such actions typically far exceed the actual penalty imposed. As a result, companies should plan ahead by obtaining insurance that will insulate their bottom line from government investigations and administrative proceedings.
Small-Firm Marketing
April 02, 2015
In a market flooded with newly minted attorneys, spreading the word about your services can feel like an empty pursuit. Attorneys just don't have the time or marketing expertise to experiment with new tactics, so they settle for traditional channels like TV commercials.
