Intellectual Property

A happy paralegal.

* The latest Vault 100 rankings are out, and it’s time to find out which Biglaw firm is the most prestigious in all the land. Is it Wachtell? Is it Cravath? We’ll have the answer for you, and much more analysis, later today. [Vault]

* A former office manager at Vedder Price has been accused in a $7M embezzlement scandal. She allegedly used the money to buy “lavish homes, numerous vacations” — it’s as if she were trying to live like a partner. [ABA Journal]

* Since the Redskins’ trademark was canceled by the Patent and Trademark Office, sports fans are wondering whose offensive team name is next. The Cleveland Indians might get scalped. [WSJ Law Blog]

* According to ALM Legal Intelligence, paralegal pay is on the rise, and it’s almost $80/hr in top roles. Why should new attorneys care about this? Because they’ll probably have to work as paralegals. [ALM]

* Double the deanships, double the fun: Penn State Law’s campuses have been approved by the ABA to become separately accredited locations. We’ll take bets on which one closes first. [StateCollege.com]

Minnesota is beautiful this time of year.

Is having your back-office functions handled on-site — i.e., in the same location as the lawyers being serviced — now a luxury? More and more law firms are adopting the model of sending their administrative support functions to lower-cost locations.

Thanks to advances in technology, it’s no longer necessary to have your back office in the same pricey place as your lawyers. And it’s not surprising that firms are going in this direction when you consider the cost savings involved.

Which law firm expects to save millions of dollars a year by sending support staffers to the land o’ lakes?

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Since Lat tweeted this past weekend about my UpCounsel profile, I thought I would share some thoughts about my experience with the service to date. First off, compared to leaving a Biglaw partnership to open a new firm, trying out a new legal platform was easy. I first heard about UpCounsel from a former in-house client who had struck out on his own. He happens to now be back in-house, but at the time we discussed UpCounsel, he was very enthusiastic about his experience using the site. Since I happen to like trying out new things, signing up once I left Biglaw was an easy decision.

Notice how I did not join UpCounsel while a Biglaw partner. Such things are simply not done. For all of Biglaw’s talk about encouraging partners to be “entrepreneurial” or to “try new marketing ideas,” there is a lot of resistance to using “new ways” to reach potential new clients. Couple that inertia with a general distaste towards marketing individual lawyers at the expense of “firm branding” (aside from a select group of key current rainmakers), and platforms like UpCounsel face a Tough Mudder-level set of obstacles to overcome if they want to break into the Biglaw firm marketing rotation. But I don’t think UpCounsel and their “evolution of legal services”-oriented kin want to….

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I estimate that 90 percent of U.S. companies doing business in or with China have intellectual property requiring protection from China. Therefore, it is always a surprise to me how many of these companies seem to treat their intellectual property in China as an optional or secondary matter when it really should be one of the first issues they consider when approaching the China market.

Let’s first get clear what I am talking about when I use the term “intellectual property.” IP is not patents, trademarks, copyrights, etc. These are simply tools for protecting intangible assets.

So what is intellectual property?

double red triangle arrows Continue reading “How To Protect Your IP From China: It Is Possible”

Maiko Maya King

* The U.S. Patent and Trademark Office has been operating without a director for almost a year and a half, and Sen. Orrin Hatch is calling it “inexcusable.” Here’s his politely pissed off letter to President Barack Obama. [Corporate Counsel]

* The chief judge of Florida’s 18th Judicial Circuit Court wants you to know Judge John “I’ll Just Beat Your Ass” Murphy’s behavior “in no way reflects the typical manner that courtrooms are managed … in this circuit.” [WSJ Law Blog]

* Weed has been legal and free flowing in Colorado for months, but now the state is starting to see its dark side. It seems morons who get too high are accidentally killing themselves and others. [New York Times]

* InfiLaw’s bid to purchase Charleston Law reached the pages of the NYT, with a shout-out to one “scrappy website” that referred to the company by its one true name: “diploma mill.” [DealBook / New York Times]

* “Why would you bring black people into the world?” An ex-lover/employee of Donald Sterling is suing him for racial and sexual harassment over lovely comments like this. She’s repped by Gloria Allred. [CNN]

Recently benchslapped attorney Francis Malofiy has hopped right back on that horse and followed through on his threat and filed a lawsuit against Led Zeppelin, alleging they stole the guitar riff from Stairway to Heaven.

Apparently, Malofiy failed to take to heart the admonitions of the judge in the Usher case, because this complaint also plays fast and loose with traditional formatting.

So what’s the bustle in this guy’s hedgerow?

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Christina Gagnier

Lawyers are not necessarily members of the most beloved profession. While an obvious statement, it is important to realize that your work may end up, despite your most ardent efforts, upsetting your own clients or any foes that you may have had in the course of a litigation matter.

One place that many lawyers overlook as a liability is intellectual property. If someone feels the need to get retribution, messing with a firm by taking advantage of “would-be” intellectual property may be a tactic employed. Make sure you are prepared by taking some common sense and low-cost precautions…

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If you plan to work in Biglaw, you know it’s likely you’ll be able to command a very high hourly rate. Just how high we’re talking, though, depends on the area of law in which you choose to practice.

We already knew that litigators handling bet-the-company cases collected nice fees — in some instances up to $1,500 per hour — but there are other practice groups that rake in crazy cash, too.

Keep reading to find out where you’ll be able to make the most bank in Biglaw…

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All too often we seem to see people making copyright claims over public domain works. It’s especially egregious when we see museums do this kind of thing, as happens every so often.

While museums in some other countries like to try to claim that they can create a new copyright on the digital scan of a public domain image, in the U.S. it is generally considered settled law that museums cannot create such a new copyright. Public domain is the public domain….

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It’s great to be an in-house lawyer these days. The jobs enjoy greater prestige than they did in the past. Depending on which company you work for, the compensation can outstrip Biglaw, big time.

And let’s not forget: the work can be very, very interesting. For example, imagine being the general counsel or another in-house lawyer at Apple — a company involved in two of the most high-profile litigation battles currently raging….

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