Inquiring Associates, Famous Marks, and Feeding Cats

by Mike Mintz on January 20, 2011 · 0 comments

in martindale.com connected

Here’s what you missed on martindale.com Connected.

What Inquiring Associates Want to Know About Managing Discovery

Virginia P. Henschel writes:

When you are in the weeds as an associate on large-scale discovery project, you may not have the chance to clarify your understanding of the e-discovery process. To address this knowledge gap, in December of 2010, the Applied Discovery team had the opportunity to meet with a group of associates in need of more information on electronic discovery concepts and process.

The result of that discussion, we’re kicking off 2011 by sharing their #1 concern: What are the decision points that need to be addressed at the inception of a discovery plan? We at Applied Discovery suggested the following e-discovery checklist to cover the basics …

Find out the 7-points she suggests to get your discovery house in order.

The Transcendence of the Famous Mark

John McKeown writes: “A number of recent cases have considered the fame of a mark in the context of carrying out a confusion analysis under the Trade-marks Act.”  He then provides an overview of the Canadian law surrounding confusing and famous marks and provides case law summaries to support the analysis.

Find out what the courts say about these issues.

Iniitial Lessons from US Bank v Ibanez case: Establish Ownership of the Mortgage Loan (and more)

Keith Mullen writes:

On Friday, January 7, 2010, the Massachusetts Supreme Court upheld a lower court’s decision invalidating two foreclosures of adjustable rate, sub-prime home loans – on the grounds that the foreclosing lenders failed to prove they owned their respective mortgage loans at the time of their respective foreclosures (copies of the opinion posted on Scribd; and by the Massachusetts Lawyer Weekly)

Clearly, a foreclosing lender must establish ownership of the mortgage loan, at the time of the foreclosure.

Find out “what is new” in the strict attention standards required in the foreclosure process.

Feeding Cats: Does your firm need a new partner compensation system?

Norman Clark writes:

Our firm is seeing an increase in inquiries by law firms about how we can advise them on their partner compensation systems. The level of interest is higher than I have seen in the past 15 years.

What accounts for this new interest in compensation? Of course, law firm partners are almost always interested in money. However I think that there are at least two other factors at work.

Find out what other smart firms are learning about partner compensation.

Is Your Company Under Investigation by the Federal Government?

Peter Quinter writes:

Every year, the numerous agencies of the United States Government send out letters to companies putting them on notice that the company is suspected of committing some serious violation. Usually, the letter or notice demands a written response within 30 days or the company will be subject to a penalty or fine. Knowing how to handle such letters, notices, or subpoenas is critical in terminating the investigation successfully, not paying a huge penalty, and even avoiding criminal prosecution.

Find out what to do if you think your company may be a target.

CLE Webinar: Legal Process Outsourcing: Ethics & Efficacy

Responding to ever-increasing pressure to control legal costs, law firms and corporations alike have turned to a proven cost-saving method employed in many other aspects of business — outsourcing.  This opportunity has spawned a burgeoning and global legal process outsourcing (LPO) industry that employs tens of thousands of people and generates hundreds of millions of dollars’ worth of revenue a year.  But when work that is being outsourced involves the practice of law things can get prickly.  How do you ensure quality?  What are the ethical risks?  How do you ensure sensitive data are secure?

To address these and other important questions martindale.com® Connected is hosting a complimentary webinar on February 23rd from 2:00 to 3:15 p.m., Eastern Time, titled “Legal Process Outsourcing:  Ethics & Efficacy.” The faculty will include uniquely qualified speakers who will explain the attractive savings involved with LPO, as well as best practices for avoiding the considerable ethical harms of poorly executed outsourced projects.

Register for the webinar today.

That’s it for today’s Connected Round Up.  Members can get in on these discussions and more by clicking the links and commenting.  Non-members can check see all these discussions, but need to register to comment – it’s 100% free.

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