Scott Partridge and David Mika of Baker Botts analyse the future for US patent law, notably the curbing of lawsuits by non-practising entities: "Of all the various legislative proposals made to date, some of which arguably harm traditional, legitimate enforcement activities in order to curtail the abusers, the customer suit problem is real and should be addressed."
Christopher Thornham and Paul England of Taylor Wessing take an in-depth look at recent uses of discretion when ordering injunctions in the UK and the spectrum of injunction options available to the Court. "The judges in the Patents Court (and the junior IP Enterprise Court) and the Court of Appeal have discretion regarding the remedies they may order following trial and the past 12 months have seen creative use of this discretion when ordering injunctions."
Who’s Who Legal has brought together Francesco Cerasi of DLA Piper, David Attisani of Choate Hall & Stewart, Pablo Cereijido of Marval O'Farrell & Mairal and Christopher Foster of Herbert Smith Freehills to discuss levels and types of activity, the impact of current economic conditions and non-traditional capital, and developments in the legal market.
James Grennan of A&L Goodbody explores and analyses the response of regulators to crises, particularly the most recent recession, and looks at its impact on the market. "The avalanche of regulation following the latest financial crisis is a case in point. Somewhere in there are good progressive steps; however, they risk being swamped by information overload and large volumes of prescriptive rules that miss the mark and divert resources away from the core issues."
Management and leadership strategies have come under scrutiny in recent times as existing law firm models are put to the test. High-profile failures, global mergers and increasing pressure on fees have sparked discussions of how law firms ought to be run in the 21st century. As the leading players look to maintain their share of a heavily saturated marketplace their approach to compensation, technology, globalisation and client billing will determine their success.
Andrew Ness of Jones Day explores future challenges and trends in the construction sector and their potential impact on lawyers and their practices: "While major disputes still occur, they are fewer in number, and as a result the focus of construction practice has shifted somewhat. This is leading to significant changes in many construction law practices, as there is reduced need for fleets of associates to staff major litigation and arbitration matters, and more of a premium on senior lawyers."
Who’s Who Legal brings together Rupert Choat of Atkin Chambers, Jaime Gray of Navarro Sologuren Paredes Gray, Phillip Greenham of Minter Ellison, and Ben Cowling, Laura Warren, Mark Blanksby and David McElveney from Clyde & Co to discuss industry trends, volume and type of work, legal market changes and developments for the year ahead.
Mark Roe and Gurmukh Riyat of Pinsent Masons look at the potential issues raised from construction contracts with states and state agencies and explore what steps contractors can take to protect themselves in the event that things go wrong: "A good rule of thumb for a contractor entering into a construction contract with a state entity is 'test it backwards'. This means looking at enforcement issues first, before signing the contract and certainly before beginning to spend money on arbitration or other court proceedings."
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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.