New Practice Information
Software is a unique technology in that it comprises rights that are protectable
under copyright law, patent law, and trade secret law. These multiple protections
arise because software can be both a work of authorship as well as a business
process. Do all three laws provide equal protection? Read
on to find out.
Excerpted from A Practical Guide to Software Licensing for Licensees and
Licensors, 2nd edition
Emergence of Third Party Liability Issues
Professionals such as lawyers, accountants, architects, engineers, and appraisers
owe a primary duty of care to their clients and are liable for breach of duty.
Increasingly, however, professionals are being held liable for breach of duties
owed to third parties—to persons other than clients. Consider
Excerpted from Professional Liability to Third Parties, Second Edition
First Be a Skeptic; Then Be an Advocate
view of the breadth of his or her invention may be overly optimistic. This
phenomenon is particularly common with the nonprofessional, armchair inventor
who brings to his or her lawyer only the very broad idea because the inventor
does not have the engineering skills to design an embodiment. How
should the lawyer react?
Excerpted from Invention Analysis and Claiming: A Patent Lawyer’s Guide
Defining “Qualified Immunity” in § 1983
Qualified immunity may well be the most important issue in §1983 litigation.
It is very frequently asserted as a defense to § 1983 personal capacity
claims for damages. In fact, courts decide a high percentage of § 1983 personal
capacity claims for damages in favor of the defendant on the basis of qualified
how is qualified immunity defined?
Excerpted from Sword and Shield, Third Edition: A Practical Approach to Section
Keys to Understanding the Needs of Clients and Prospects
In addition to asking clients and prospective clients the right questions in
the right way, you must be able to hear the answers—in all their
manifold meanings. This requires active, empathic listening that picks up on
the nuances of the conversation—the implicit as well as the explicit
on for more information.
Excerpted from The
Lawyer’s Field Guide to Effective Business Development
What You May Not Say in Closing Argument
Closing argument is among the most critical parts of any trial. Done well,
it can complete the stage for jury deliberations and a verdict that is favorable
to your client. Done poorly, it can be a fatal blunder—a missed opportunity
to make at least some jurors feel compelled to argue and vote for your client’s
position. As you craft your closing, you need to remember that there are some
things you cannot do or say. For
Excerpted from The
Litigation Manual: First Supplement