In this newsletter:

The Legal Guide to Affordable Housing Development

A Legal Guide to Homeland Security and Emergency Management for State and Local Governments

The Lawyer's Guide to Marketing Your Practice, Second Edition--Online Version

An Interpretive Guide to the Government in the Sunshine Act, Second Edition

The Discovery Revolution: E-Discovery Amendments to the Federal Rules of Civil Procedure

Pre-Publications

A Practical Guide to Software Licensing for Licensors and Licensees

NEW PRACTICE INFORMATION

The ABA offers something for everyone on your
holiday gift list—clients, colleagues, and friends—or even you! 
Here are some suggestions for gifts for lawyers.

Brave New World of Information
In contrast to earlier times when it was possible to ask for a file and to receive it, now our complexity in information means it is often necessary to involve an entirely new set of specialists to even access the relevant information. Will this always be necessary?  Hasn't litigation fundamentally changed when specialists are now required to do what lawyers used to do routinely—namely to collect and analyze run-of-the-mill informational records?

Searching for the Perfect Trademark
Trademark litigation can be extremely costly. The defense of an infringement action through trial generally costs several hundred thousand dollars or more. The inordinate expense and time lost in unnecessary litigation often can be avoided by a careful search and clearance process. A typical comprehensive trademark search report includes the following sections: A federal report containing existing, expired, canceled, abandoned, and pending claims of rights in the U.S. Patent and Trademark Office; a state trademark registration section; a common law report containing information from a variety of published sources; a trade name listing; and a domain name registration report.

Women Lawyers Are Tough Enough
Back in 1873, former Supreme Court Justice Joseph P. Bradley argued that women lacked the grit or stamina for the hard work of lawyering. The arguments about women's "nature" persisted over 100 years, keeping women from becoming lawyers and later limiting their opportunities within the profession. The truth is women lawyers can be tough and kind. The accusations about women's character dangerously imply that certain qualities—like being caring, sympathetic, or emotional—are incompatible with being a good lawyer. There is more to being an advocate than knowing the law. Being passionate about a position is often what is required. The trial is having both in your arsenal and knowing how and when to use each.

Three Cardinal Rules for Dealing with Experts
While many litigators focus on the cross-examination of the other party's expert, cases frequently are won or lost during their own expert's direct examination. What should every litigator keep in mind when deciding whom to engage?  

Use Good (Horse) Sense When Marketing Your Niche Practice
When litigation lawyer Julie Fershtman graduated from law school, she went to work for a large firm. Six years ago, she decided to see if she could merge her love of horses and the law in her own practice. Now, most of her business is equine-related. Learn how thinking about the law as it relates to you personally can help you develop a successful niche practice.

Develop a Proof Plan
A proof plan identifies the facts and information that your client needs to make its case against the other party (or to defend against the other party's claims). A proof plan should list the causes of action in the complaint, the element of each cause of action, and the elements of each defense (drawn from the relevant statutes, cases, and model jury instructions). For each element of each cause of action and defense, the proof plan should list four essentials.

The Dollars and Sense of Long-Term Care
The number of Americans requiring long-term care is on the rise, as are the costs of assisted living services.  Are you adequately planning for these and other later-life issues?

Not Necessarily a Hedge, but Yes, You Can Call Them Funds
Alfred Winslow Jones organized the first hedge fund in 1949. Today, there are as many as 7,000 hedge funds, worth about $650 billion dollars. The funds invest and trade in almost anything—long- to short-term securities, options or future contracts, debt instruments or foreign currencies—and until recently enjoyed little regulation. But in July 2004, the SEC proposed new rules that would institute regulation of the larger funds by 2006. How welcome were these rules? Who will they benefit? What long-range effect will they have?

Credit and Bankruptcy Basics
About 150 million Americans have credit cards. Monthly credit card balances are about three times bigger than they were in 1990—and that’s not even taking into account mortgage debt, student loans, and automobile loans. The number of bankruptcies continues to soar—it’s twice as high as it was 10 years ago. And to complicate matters, a new bankruptcy law came into effect on October 17, 2005 and changed the rules about filing for bankruptcy.
  This book, which is written for the general public, provides invaluable guidance on consumer credit laws and bankruptcy. It can help clients understand their legal options—from reliable debt counseling to debt consolidation—and the process of filing for bankruptcy.

DID YOU KNOW?

Which is more dangerous, a gun or a swimming pool? What do schoolteachers and sumo wrestlers have in common? Why do drug dealers still live with their moms? What kind of impact did Roe V. Wade have on violent crime?

The Discovery Revolution: E-Discovery Amendments to the Federal Rules of Civil ProcedureThese are just a few of the intriguing questions that economist and American Bar Foundation Research Fellow Steven D. Levitt examines in Freakonomics: A Rogue Economist Explores the Hidden Side of Everything. Through forceful storytelling and wry insight, Levitt and co-author Stephen J. Dubner show that economics is, at root, the study of incentives—how people get what they want, or need, especially when other people want or need the same thing. Winner of the national Quill Award for Best Business Book. ABA members save 20%.

NEW BOOKS FROM ABA PUBLISHING

A Legal Guide to Homeland Security and Emergency Management for State and Local Governments
Section of State & Local Government Law
The Legal Guide to Affordable Housing Development
Section of State & Local Government Law; Forum on Afforadable Housing
The Lawyer's Guide to Marketing Your Practice, Second Edition--ONLINE Version
Law Practice Management Section
An Interpretive Guide to the Government in the Sunshine Act, Second Edition
Section of Administrative Law and Regulatory Practice
Discovery Revolution: E-Discovery Amendments to the Federal Rules of Civil Procedure
Section of Science and Technology Law

TAKE ADVANTAGE OF SPECIAL SAVINGS WHEN YOU PRE-ORDER THE FOLLOWING BOOKS

A Practical Guide to Software Licensing for Licensees and Licensors: Analyses and Model Forms
Section of Business Law


Inside Practice is published by
ABA Publishing
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Chicago, IL 60610
 

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