The National Law Journal
John Whealan, deputy general counsel for intellectual property law and solicitor for the U.S. Patent & Trademark Office, has joined the faculty of George Washington University School of Law as associate dean for intellectual property. Whealan had been PTO solicitor since January 2001. As the solicitor, he managed an office of 25 attorneys who represent the PTO in all federal court intellectual property litigation, and provide legal and policy advice to the rest of the PTO.
Corporate Counsel
While many Chinese companies have prospered as low-cost manufacturing contractors to multinationals that own the brands and patents of the finished products, Haier Group has chosen to compete head-to-head with multinationals on both fronts. Its refrigerators and air conditioners are sold at Wal-Mart and other leading retailers. Haier's top lawyer, Su Xiaoxi, plays a key role in the company's ambitions. And though he has headed the legal department since 1998, he wasn't even a lawyer until quite recently.
Texas Lawyer
Lenders are using their newfound bargaining power to allocate the risk of future market downturns to borrowers, which is bad news for general counsel at companies seeking to borrow money. Lenders are doing this by inserting a special kind of contract clause: material adverse change provisions for general market or industry conditions -- a market MAC. For GCs dealing with market MACs in M&A negotiations, attorney Charles W. Schwartz discusses several key things to keep in mind.
The Legal Intelligencer
Philadelphia Bar Association Chancellor Mike Pratt has asked the general counsel of two universities, a health care company, a telecommunications company, an energy company and a utility company to jointly sign letters in support of the bar association's Raising the Bar Higher fundraising campaign because these entities are "the biggest employers of outside legal services. We would like their support in reaching out and encouraging other law firms to join the campaign."
The National Law Journal
A trio of recent court decisions illuminate -- and possibly expand -- the fiduciary duties of corporate officers who aren't also company directors, beefing up the sparse body of Delaware case law that specifically highlights the duties of officers, according to lawyers. The decisions may help eliminate confusion about an issue that has been addressed mostly in snippets for more than 40 years, said Michael Maimone, a partner at Edwards Angell Palmer & Dodge.
Texas Lawyer
Auction-rate securities are one of the many investment vehicles facing liquidity problems as a result of the credit crisis. Litigation is brewing, and some companies are wondering how to access frozen funds they once believed to be as liquid as cash. General counsel whose companies invested in auction-rate securities may have trouble selling them. Attorneys Kenneth Johnston and Julie Biermacher offer tips on what to know when the board of directors or the chief financial officer comes knocking.
Fulton County Daily Report
Speaking at the State Bar of Georgia's conference on the global rule of law, Home Depot GC Jack A. VanWoerkom offered a candid assessment of the risks of doing business in the world's fastest-growing markets. VanWoerkom issued warnings about the Chinese economy, corruption in Russia, overburdened courts in India and personal safety in Brazil. His assessment: Despite domestic corruption scandals and rapid growth in overseas markets, the United States retains distinct advantages for doing business.
New York Law Journal
Legitimate businesses accused of fraudulent activity must deal with the possibility of both criminal prosecution and the added burden of a private civil RICO treble damage action, frequently based on underlying allegations of mail fraud and wire fraud. Attorney Howard W. Goldstein examines a Supreme Court case argued last month, Bridge v. Phoenix Bond & Indemnity which presents an issue that could restrict the application of RICO's civil provisions when companies are accused of crime.
The National Law Journal
For a handful of the most successful traditional law firms, a changing environment brings an opportunity to adapt, differentiate and garner the premium price-insensitive bet-the-company work that will drive growth in profits per equity partner. For most others, it will mean a new era of competition, both with other traditional firms and with a new category of firms that enter the market in response to the needs of corporate buyers.
