Online advertising by attorneys via pay-per-click* is an effective and most likely necessary means of reaching many of the prospective consumers of new normal legal services, as discussed in our previous post on “shouting.”
But before jumping in,
Flat Fee IP
The Frontlines of IP Litigation
Flat Fee IP, published by Greenfield Draa & Harrington, focuses on legal issues related to intellectual property, particularly trade secret misappropriation. The blog discusses topics such as the measurement and duration of damages for trade secret theft, including the application of the Uniform Trade Secrets Act and related case law. It addresses complex questions about when damages should begin and end, the concept of unfair commercial advantage or "head start," and the interplay between trade secret protection and monetary relief. The blog also explores litigation strategies, jury trial rights on unjust enrichment damages, and practical considerations in high-stakes IP disputes.
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Marketing New Normal Firm: Shouting Still Necessary
By Dave Bohrer
The shift in the balance of power towards consumers means less “shouting” (marketing) about your product or service, according to Jeff Bezos, Amazon founder. “Before if you were making a product, the right business strategy was to put 70% of…
Patent Marking Ruling Means Bigger Damages
By Dave Bohrer
The Federal Circuit’s recent decision affirming the patent jury verdict in Funai v. Daewoo effectively increases the money damages that can be recovered by millions if not tens of millions of dollars. (Full disclosure: I tried the case and among…
Non-Lawyer Investment Will Happen: Follow-up
By Dave Bohrer
Some recent posts highlight why it is inevitable that the ethical rule barring non-lawyers from investing in and managing US law firms will be lifted. See our 6/11 post. Bruce MacEwen, in Adam Smith, Esq., characterizes as “managerial…
Smart Buyers Ask if Subs are “For Real”
By Dave Bohrer
I’ve had the pleasure of speaking with Andrew Moore and Sam Sweet about using their company NCC Group as a neutral “escrow” site for producing highly confidential source code in IP litigations. Andrew and Sam made a good case for…
Don’t Include Trial in the Price?
By Dave Bohrer
Pat Lamb, in his very good book on value pricing Alternative Fee Arrangements: Value Fees and the Changing Legal Market, says that the fees and costs of a trial should never be built into the fixed fee proposed…
Non-Lawyer Investment Will Happen
By Dave Bohrer
Earlier this week, I was asked whether I had considered approaching venture capital firms to take a stake in my business [Confluence Law Partners (CLP)] large enough to cover our “burn rate” for a year or two. Apparently,…
Litigation Price: Flat Fee Used as a Stalking Horse.
By Greg Russell
How to win the heart’s and minds of prospective clients BEFORE you give them the leverage of a flat fee…
Lack of Numbers Holds Up AFAs
By Dave Bohrer
JED [walking away] Numbers, Mrs. Landingham. MRS. LANDINGHAM Excuse me? JED If you want to convince me of something, show me numbers! THE WEST WING “TWO CATHEDRALS” (2d season finale, 2001) While clients agree with the criticism…
Fee Sharing With Foreign Lawyers
By Dave Bohrer
A Japanese IP firm has expressed interest in sharing fees with CLP on US-based IP litigation, prompting us to ask ourselves whether this is ethically permissible.
We already knew that here in California or elsewhere around the country the rules…