August, 2022

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Five Ways to Get Back to You

Attorney at Work

Reconnecting with yourself is a critical course correction for a frenzied lawyer; the job can get ahead of you. Here’s how to come back. Sometimes we get busy in life — with work, family, building our business, taking care of others, and on and on. When this happens, we can start going through the motions without even realizing it. Until we wake up one day and think: Who am I?

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The Federal Circuit’s ‘CAR T-Cell’ Decision: Courting a Disaster for American Innovation

IP Watchdog

The only president ever to obtain one, Abraham Lincoln knew the essential role patents have played in the scientific and technological innovations that have driven American growth and prosperity since the founding of the republic. Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history.

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Five Reasons Attorneys Should Ditch Spreadsheets

MyCase

Even if we spoke about lawyers just starting their practice, a spreadsheet is not a good idea — neither for case management nor accounting. If you’re reading this, you most likely agree. Allow me to bring some clarity to this. . #1 Using a Spreadsheet is NOT Scalable. A spreadsheet sounds great at first. It’s as if you have the software already. You know how to use it, and it helps you stay organized.

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When To Use Outside Counsel (And When Not To)

InHouseBlog

If your law department struggles to decide when to use outside counsel, know that it is not alone. The decisions to involve outside counsel are multifactorial and often vary from organization to organization. The composition of the law department itself, and the skillsets of its members, often dictate the need to use outside counsel. Further, the gravity of a particular issue and its importance to the organization itself may tilt the decision-making one way or the other.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.

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Litigation Moneyball: Data Mining Litigators

The Cloud Court Blog

If you’ve read anything by Michael Lewis over the years, it’s impossible not to notice a recurring theme. And it’s this: data—obtained by people dispositionally prepared to wield it—is regularly used to gain serious advantages in highly competitive enterprises. As explored in Lewis’s books, some of those enterprises include: Baseball (Moneyball); High-frequency trading and dark pools (Flash Boys); and Mortgage-backed securities (The Big Short), among others.

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Accounting malpractice and negligent tax advice

Newport Beach California Business Litigation Law B

When you run a business, the last thing you want to find out is that someone has given you bad accounting advice. You want to know that the information you receive is fair and accurate, so that you can make decisions that are good for your business. If you are contacted by the Internal Revenue Service or find that the books aren’t lining up with your personal account documents, you may want to look into accounting malpractice and determine if your accountant isn’t doing their job correctly.

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A Plea to Senator Tillis: Words Matter in Section 101 Reform

IP Watchdog

In U.S. government, setting public policy is the sole and exclusive domain of Congress. The laws they pass effectuate the public policy positions that Congress alone has the power to set. In law, words are everything. The precise meaning of the words in law determines whether the public policy is implemented as intended by Congress. Altering the meaning of just one word can change the entire public policy set by Congress, even turning the public policy on its head.

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Support Your Legal Client’s Needs: Essential Software Tools for Practitioners

MyCase

There’s a wide array of essential accounting tools for bookkeepers. Selecting an optimum accounting platform begins by identifying the areas you want to improve. For example, what are you looking to automate? What processes out there can be automated? And is there any place where you can remove redundancy? What are you looking to automate? Basic bookkeeping can be broken down into accounts receivable and accounts payable, better known as money in and money out.

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Bonuses Boosting In-House Lawyer Compensation

InHouseBlog

Despite rampant inflation and a looming recession, in-house lawyer compensation continues its meteoric rise boosted by bonuses that are also being deployed to recruit new hires. How does your pay package stack up? Our In-House Counsel Salaries Guide can help you evaluate how your compensation compares to similarly-situated in-house lawyers. Competition is not decreasing, it is increasing despite the overall economic conditions, and there are a plethora of General Counsel and Chief Legal Officer

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How to Champion New LegalTech: Rig the Game

The Cloud Court Blog

I wrote about the simple principle of “starting small” a couple of weeks ago. We launched a program that does precisely this: find a select group of likely users to try one piece of functionality. Ask them to change only one thing about how they conduct their litigation practices. It’s a natural segue to the next idea on how to champion useful LegalTech.

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Stay On Top of Newly Filed State & Federal Litigation: Curated Just for You!

With Daily Filings Report by Trellis you will receive an email and csv file daily with all new cases filed in the jurisdictions you're tracking. Each new case will include all case metadata like judge, parties, counsel, practice area, and even direct links to the full docket and complaint. Trellis Daily Filings Reports provide direct access to newly filed state and federal litigation curated just for you.

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Eloquence Makes Every Word Important

Attorney at Work

Eloquent speakers understand that in every setting, every minute should be informing, perhaps delighting, your audience. Every lawyer needs to speak with colleagues, clients and prospects. Litigators need to address the court and sometimes jurors. Some lawyers give formal presentations. To develop eloquence for these situations, understand what eloquence is.

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Building a Solid Relationship With Clients Throughout the Client Journey

Attorney at Work

You can prepare a dynamite brief or brilliant estate plan, but if the client journey is difficult, your client still may not be happy. After 15 months in progress, our new custom home was completed recently. As one might expect, between COVID-19, supply chain issues and labor shortages, all did not go smoothly. I’m no house-building novice — this is the eighth home we’ve built — so I understand that things don’t always go as planned and I know it’s not always the contractor’s fault.

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Don’t Be Afraid to Raise Your Legal Fees

Attorney at Work

Some lawyers always seem fearful of increasing legal fees — recession or no recession, crisis or no crisis. If you are wondering whether to raise your hourly rates or fixed fees, my advice — with very limited exceptions — is to go for it. Clients are never as price-sensitive as you think. The Two Biggest Reasons Lawyers Are Afraid to Raise Legal Fees.

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Brainstorming Guidelines: 10 Tips for Today’s Law Firm Marketing

Attorney at Work

A brainstorming session is a valuable and creative tool law firm marketing teams can use to foster their brands, communicate their messages, and deliver real impact in their law firm branding, marketing and public relations. Elements of an Effective Brainstorming Session. Here are 10 brainstorming guidelines for today’s law firm marketing teams that will help make your meeting — and outcomes — more effective. 1.

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Six Quick Tips to Minimize Distractions

Attorney at Work

Whether you work in a traditional office or a home office, distractions are everywhere. While we can’t completely remove ourselves from interruptions, we can minimize distractions a bit with these six tricks. 1. Turn Off Notifications. Apps are all begging for your attention. With each notification, they scream pay attention to me. The more notifications you get, the harder it is to focus on high-level work.

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Law Firm Cyber Risk: The 5 Ways Cybercriminals Most Likely Will Attack Your Computers — And 7 Things You Can Do

Attorney at Work

Attacks on your courtroom arguments? Those you can survive. Attacks on your witnesses’ credibility, ditto. Not so a cyberattack. A successful cyber attack can expose the contents of your computer systems — things like confidential client data, work product, financial records, account passwords, and everything else you have a consequential professional and legal obligation to safeguard.

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A Hybrid Work Model: Solving the Challenges of Remote Work

Attorney at Work

As hybrid work models take hold and employees — especially associates — ask for more flexibility, firm leaders are testing out new ways to keep people happy and engaged. Here’s what one legal technology company has learned about balancing productivity, creativity and well-being. The nature of the legal industry is constant, even during a global pandemic.

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How to Fall in Love With the USPS

Attorney at Work

I’m in a relationship with the United States Post Office, and I think you should be too. Besides being the most effective marketing tool on the planet, and besides offering a seemingly lost-art method of connecting with clients, and besides being the only self-supporting Federal agency we have, the USPS is just cool. Well, mailing things is cool.

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Video Marketing for Lawyers: 5 Best Practices for Winning New Clients

Attorney at Work

Of all the marketing tools for lawyers, video is the most engaging — and one of the best at helping you project professionalism and competence. Yet despite evidence that video marketing for lawyers is remarkably effective, law firms have been slow to use video compared with other industries. And, while a growing number of firms are using video in innovative ways, too often lawyers fail to use video effectively.

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Acing Client Communications: How to Explain an Increase in Your Rates

Attorney at Work

After doing your research on trends in lawyer billing rates, you’ve decided to raise your own rates. It can feel uncomfortable. Some of us are reluctant to charge what we are really worth or feel bad about increasing rates for longtime clients. We may struggle with being in a high-rent market, such as New York or San Francisco, while serving clients in other locales used to paying lower regional rates.

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New Law Firm Job? Overcome Performance Anxiety With a Learning Mindset

Attorney at Work

The interviews and video calls are behind you. You’ve accepted the position and joined your new law firm. You’re excited by the opportunity but worry about your initial performance. You promoted your skills, experience and expertise pretty strongly in the interviews. Will you be able to live up to expectations? Here’s how a learning mindset can help you take on your new job responsibilities with confidence.

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Doing an SEO Content Audit for Your Law Firm’s Website: 5 Key Steps

Attorney at Work

SEO best practices are constantly evolving. If you want to keep your website running at optimal performance, you need to regularly evaluate its status through an SEO content audit process. Planning, conducting and evaluating an SEO content audit may sound time-consuming, but it will ultimately pay off when your website continues to perform well — or performs better.

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Even In-House Counsel Need to Market

Attorney at Work

To succeed as in-house counsel, make sure clients understand the legal department’s value. Just like the clients of private law firms, corporate personnel have choices about to whom to turn when a legal question arises. Here are their three options. 1. “I’ll Figure It Out Myself” Corporate personnel may be disincentivized to consult their legal departments in a number of ways.

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How to Address an Envelope Like a Pro

Attorney at Work

You’re busy and you need to know how to address an envelope, so let’s get right into it. How to Address an Envelope in Three Steps. To address an envelope you will need to know three things: the recipient’s address, your return address, and how to locate a postage stamp. Write or type all of the “to” information squarely in the center of the front side of the envelope, like this: Step 1: The “To” Section.

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How to Address an Envelope Like a Pro

Attorney at Work

You’re busy and you need to know how to address an envelope, so let’s get right into it. How to Address an Envelope in Three Steps. To address an envelope you will need to know three things: the recipient’s address, your return address, and how to locate a postage stamp. Write or type all of the “to” information squarely in the center of the front side of the envelope, like this: Step 1: The “To” Section.

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CAFC ‘Unambiguously’ Backs USPTO in AI as Inventor Fight

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. Vidal that an artificial intelligence (AI) machine does not qualify as an inventor under the Patent Act. The decision is the latest in a series of rulings around the world considering the topic, most of which have found similarly. Judge Stark authored the opinion.

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Tillis, Leahy Introduce Legislation Mandating Reports, USPTO Improvements on Patent Quality

IP Watchdog

Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) today announced the introduction of the Patent Examination and Quality Improvement Act of 2022, which is aimed at “evaluat[ing] and improv[ing] the patent examination process and the overall quality of patents issued by the USPTO,” according to a press release. Last week, Tillis told IAM that he would be introducing legislation to reform U.S. patent eligibility law, which is still to come.

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High-Risk, High-Capital Investments Lead to Breakthrough Cancer Treatments

IP Watchdog

Everyone knows someone whose life has been impacted by cancer, be it a parent, a sibling, or a friend. But it is rarer, perhaps, to know a family touched by pediatric cancer. Yet, cancer is the second leading cause of death in individuals under 14, impacting?nearly 10,500 children annually in the United States. Fifty years ago, a child diagnosed with cancer had a median five-year survival rate of only 58%.

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New Research Supports What We’ve Long Known: Enforcement Is the Key to Benefitting from Trade Deals

IP Watchdog

Despite high aspirations among political leaders, lawyers and others for a rules-based international order, a major new study from researchers at York University finds that the 250,000 existing treaties designed to foster international cooperation have mostly been ineffective. One big exception, however, is in the area of trade and finance, where negotiators wisely put meat on the bones of the commitments by including meaningful enforcement mechanisms.

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GSK Argues Unusual Facts of Case Behind Teva’s SCOTUS Petition Limits CAFC’s Skinny Label Holding

IP Watchdog

On August 19, British brand name pharmaceutical firm GlaxoSmithKline (GSK) filed a brief with the U.S. Supreme Court opposing a petition for writ of certiorari filed by generic drugmaker Teva Pharmaceuticals. Teva’s petition appeals a decision by the U.S. Court of Appeals for the Federal Circuit (CAFC) reinstating a jury verdict that found Teva liable for inducing infringement of GSK’s patents covering the heart failure treatment, Coreg.

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CAFC Affirms Water Heater Infringement Ruling Based on District Court Claim Construction

IP Watchdog

On August 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision in A. O. Smith Corp. v. Bradford White Corp. which affirmed rulings from the District of Delaware that A. O. Smith’s patent covering a hot-water heater system was both infringed by Bradford White and not invalid. The appellate court ruled that the district court’s construction of a contested limitation within claim 1 was supported by the patent’s specification.

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CAFC Snubs Inventor’s Argument that 101 Rejections Violate APA

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential decision issued today, affirmed a Patent Trial and Appeal Board (PTAB) finding that claims to a computer system for identifying eligibility for Social Security Disability Insurance (SSDI) benefits are invalid as patent ineligible. The opinion was authored by Judge Chen. The case originates from an examiner’s rejection of Jeffrey Killian’s claims of U.S.

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Win for Photographer in Ninth Circuit Reversal of Fair Use Finding

IP Watchdog

On August 3, the U.S. Court of Appeals for the Ninth Circuit issued a ruling in McGucken v. Pub Ocean Ltd. that reversed a Central District of California’s sua sponte grant of summary judgment to Pub Ocean on McGucken’s copyright infringement claims. The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019.

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Blow to AI, Clarity for Humans: Key Insights from the DABUS Rulings

IP Watchdog

The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time. It was one of the hot topics in patent law during those last few months before the pandemic. But since then, given all the other crazy and disorienting stuff that has happened in the world, we have become desensitized to the question, even if it is just as radi

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Seventh Circuit Throws Out Antitrust Suit Against AbbVie in Welcome Victory for Patent Rights

IP Watchdog

The U.S. Court of Appeals for the Seventh Circuit agreed with a district court earlier this week that neither a settlement agreement between AbbVie and a number of generic biologics companies, nor the 132 patents owned by Abbvie covering its blockbuster drug, Humira, violate the Sherman Antitrust Act. This holding, which is significant in its own right, also has broader implications for patent-antitrust analysis.