| In
this newsletter: |
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| 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?
These
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 |
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| Inside
Practice
is published by
ABA Publishing
American Bar Association
321 N. Clark
Chicago, IL 60610 |
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