Archive for the 'Books' Category

Judy Estrin on innovation

peterjacksonJudy Estrin is a serial entrepreneur, a Disney and Fedex board member, an ex-CTO of Cisco, and the author of Closing the Innovation Gap. I read this recently, and was then fortunate enough to hear her give a keynote at SIIA NetGain 2009 in San Francisco. The talk followed the contents and spirit of the book fairly closely.

The “gap” of her title derives from the fact that we are today living off the fat of the 1950s and 60s, when government and commercial spending on genuine R&D was way higher than it is today. She argues that we have an “innovation deficit”, whereby current gains are really incremental and based on past achievements. Meanwhile, management philosophies such as “You can’t manage what you can’t measure” have hurt our ability to fund exploratory work that does not meet immediate business goals.

Her concept of “sustainable innovation” goes beyond any single idea to encompass an environment, or ecosystem, that supports novel approaches to problems. “Innovation doesn’t just happen,” says Estrin, “you have to nurture it.” The ecosystem she identifies consists of a nutrient environment of funding, policy, education, culture and leadership that supports the activities of research, development and applications building.

She identifies the following as core values – questioning, risk, openness, patience and trust – and states that these values need to be in balance. For example, too much trust leads to blind faith, while too much risk leads to recklessness, as we have seen with innovations on Wall Street. She also stresses the need to move beyond silos and false dichotomies, e.g., science versus arts, research versus development, and recognize the value of people who have some breadth and function as connectors in organizations.

Estrin distinguishes between three types of innovation: breakthrough (totally new idea, e.g., light bulb), incremental (tuning a new idea to generate a product, e.g., flashlight), and orthogonal (combining existing ideas into something new, e.g., sneakers with lights). She points out that only the second is customer-driven; customers are not going to do real innovation for you. I think this is certainly true of the Internet publishing space.

Speaking for Corporate R&D, I like to think that we practice what I call “serial innovation”, producing a steady stream of incremental and orthogonal improvements that satisfy customers while waiting for the “big bang” of a breakthrough. Genuine breakthroughs are few and far between, and you can’t plan for them. But staying as close as you can to the research literature and being conversant with the latest methods are good ways to improve your chances.

Peter Jackson
Chief Scientist and Vice President
Thomson Reuters

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First iPhone app from Thomson Reuters

blacksappscreen

Sometimes innovation starts with a trip to a bar.

Literally.

While winding down at the end of a day of recruiting new talent for West at Michigan State University last October, Dan Bennett and Jay Peyer started talking about the kinds of iPhone and iPod touch applications they could create.

Little did they know that conversation would put them on a path to develop the first Thomson Reuters app for the popular Apple mobile devices.

Today their creation, a Black’s Law Dictionary app, is officially for sale on iTunes.

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The app features the 8th edition of the relied-upon and respected dictionary, edited by Bryan A. Garner. Black’s is considered by many attorneys, legal professionals and law students to be the most citable and credible legal dictionary. And a mobile version just made sense, to provide easy access to its legal terms and phrases and embedded audio of that information which does not require an Internet connection.

The process to create the Black’s Law Dictionary app allowed Bennett, a senior director in New Product Technology at West, and Peyer, a senior software engineer in Application Technology, to break new ground.

In this video interview, they explain how they made it happen:

The Black’s Law Dictionary app from Thomson Reuters is available for purchase on the App Store in Apple’s iTunes for $49.99.

Even Garner, himself very much a fan of books, is excited to see Black’s Law on the iPhone.

“The idea that you can have a very full, elaborate, complex and richly textured book like Black’s available at your fingertips is fantastic,” Garner says. “I myself am stubbornly in favor of print sources, but I like to watch my daughters use their iPhones. And I know that there’s another generation of people who really prefer the electronic medium at their fingertips.”

While Black’s Law Dictionary is the first iPhone application from Thomson Reuters, there’s more in the queue. We’ll keep you posted as more apps are launched.

More coverage:
ABAJournal.com

Robert Ambrogi’s LawSites

iPhone J.D.

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters

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Doing deals in China

The practice of law in the People’s Republic of China can be a challenge for any attorney working on behalf of companies doing business with the Chinese.

China, now the world’s third-largest economy and the recipient of more foreign investment each year than any other country, can be a bit intimidating. Its business laws and the practice of deal-making have long been a source of confusion or mystery.

But it doesn’t have to be that way.

I recently talked with Owen D. Nee Jr., of counsel with Jones Day, for a Westcast podcast (Listen to the audio).

Nee told me the failure of many joint ventures is linked to basic misunderstandings of the deal-making process, which too often occur because the investor or its counsel fail to study the applicable legal ground rules.

Nee wrote the new Shareholder Agreements and Joint Ventures in China from West, and co-authored Mergers and Acquisitions in China with Jingzhou Tao, partner at Jones Day.

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters

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West author confirmed to DOJ post

The U.S. Senate unanimously confirmed David Kris as assistant attorney general for the Justice Department’s National Security Division.

Kris is the co-author of National Security Investigations and Prosecutions, published by West.

His confirmation yesterday is the subject of this article on Law.com.

Kris spent the last six years as senior vice president and deputy general counsel at Time Warner. From 2000 to 2003, he was associate deputy attorney general. In that role, his unclassified responsibilities included supervising the government’s use of the Foreign Intelligence Surveillance Act (FISA).

To hear some of his insight on national security, listen to this Westcast podcast.

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters

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Challenging times for immigration law

Attorney – and West author – Careen Shannon recently paid a visit to the headquarters of the legal businesses of Thomson Reuters to help get the word out about a new book.

Shannon, along with Austin Fragomen and Daniel Montalvo, wrote the State Immigration Employment Compliance Handbook.

Shannon is with Fragomen, Del Rey, Bernsen & Loewy. She also is an adjunct professor at at the Benjamin N. Cardozo School of Law.

In this video interview, she told us there’s a real need for attorneys and businesses to pay closer attention to state immigration laws and the consequences of violating them:

Shannon, along with Fragomen and Montalvo, also is featured in this Westcast audio podcast, discussing the reason for the rise in state immigration laws and the challenges for abiding by them.

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters

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See Scalia in a free CLE

Editor’s note: This CLE is no longer available. The podcast excerpt, however, remains on YouTube for viewing.

Part of a continuing legal education event (CLE) featuring United States Supreme Court Justice Antonin Scalia and Bryan Garner, is now available on West LegalEdcenter.

For free.

The unique CLE course from LawProse was based on the book Scalia and Garner co-authored, “Making Your Case: The Art of Persuading Judges,” published by West.

They teamed up for the CLE on July 25, 2008 at the John F. Kennedy Center for the Performing Arts in Washington, D.C. The Kennedy Center has granted West permission to post one hour of the five hour event online.

The CLE excerpt provides a glimpse into how Scalia and Garner presented the points in their book about legal reasoning and argument, brief-writing and oral argument to the live audience.

It’s informative and often entertaining, with several memorable quotes from both men. All profits from the event went to Legal Aid of Washington, D.C.

In addition to the excerpt on West LegalEdcenter, highlights from the CLE – featuring clips from Scalia and Garner’s entire event – also are included in this three minute Westcast video podcast, along with an interview with Garner:

State immigration laws

Noted immigration attorney and author Austin T. Fragomen Jr. says the increase in states enacting their own laws about the employment of unauthorized foreign workers requires businesses to learn more about those regulations and their relationship to federal laws.

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“Companies frequently don’t understand the consequences of these state immigration laws,” said Fragomen. “This is a very fast-changing area of the law.”

Fragomen co-authored the newly-released State Immigration Employment Compliance Handbook, published by West, with Careen Shannon and Daniel Montalvo.

All three also participated in this Westcast podcast discussion about state immigration laws and the challenges for businesses and attorneys who need to understand them.

They also discuss the resources contained in their book which includes the full text of relevant state laws and state regulations for employing noncitizens and in-depth analysis of those laws.

“The specter of a state revoking a corporation’s license to do business in that state is a pretty profound and significant penalty,” says Fragomen. “So, this in an important area for a new publication.”

Austin Fragomen is chairman, Fragomen, Del Rey, Bernsen & Loewy, P.C; Careen Shannon, of the same firm, also is an adjunct professor at the Benjamin N. Cardozo School of Law; and Daniel Montalvo is an immigration lawyer and author.

In addition to the State Immigration Employment Compliance Handbook, Fragomen, Shannon and Montalvo wrote the Immigration Employment Compliance Handbook, which covers federal immigration laws. 

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters

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The future of the book business

peterjacksonThis is a guest post to WestBlog from Peter Jackson, chief scientist and vice president at Thomson Reuters in Eagan, Minn.:

A Nov. 2007 National Endowment for the Arts study showed that both book reading and book purchases are in decline (see “To Read Or Not To Read: A Question of National Consequence”).

This is true even for popular titles, and even among college graduates. Meanwhile, online sellers are eroding book sales in stores, and the used book market is stronger than ever. With the recent advent of the Amazon Kindle, even the physical manifestation of the book seems to be in a state of flux.

What is the future of the book business? Continue reading ‘The future of the book business’

Free career advice webcast

The challenging state of the legal market is forcing many law firms to make tough decisions about their budgets and staffing. Unfortunately, that means many legal professionals are, or will be, looking for new positions.

arikaplanheadshotlow“The key to surviving is to enhance your profile and establish and strengthen your business relationships,” says Ari Kaplan, author of The Opportunity Maker from West. “There is tremendous upside in the downturn. Businesses are experiencing common pressures and individuals are searching for safety. If you can provide guidance on their concerns or offer them opportunities to stand out, you will enhance your own profile and build a stronger network by creating lasting relationships.”

This Thursday, Feb. 26, Kaplan will lead a free career advice webcast hosted by West LegalEdcenter and West Legalworks at Noon Eastern. The webcast is titled Creating Job Opportunities in a Turbulent Legal Market.

The seminar will help both recently unemployed professionals and those looking to strengthen their careers where they are at. It will focus on the concepts in Kaplan’s book, including self-promotion, asking for advice, key resources and organizations and experimenting with online networking and blogging.

“The silver lining in the current faltering economy is the renewed recognition by many in the professional community that connecting with others is critically important,” Kaplan says. “But the more you sit in your office, the narrower your prospects will appear.”

You can register here for the free one-hour program on West LegalEdcenter.

Kaplan also recently wrote about some strategies for approaching the economic slowdown in an article for The Complete Lawyer. And, he’s now offering a study guide for The Opportunity Maker, which is available here.

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters

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Get your name in Grisham’s next novel

grishamcontest1

How cool would it be to see your name in a John Grisham novel?

It could happen, if you are a corporate legal or compliance professional at a United States corporation. That’s who’s eligible in a contest launched today by West called ”Name Your Character.”

Eligible entrants just need to go to NameYourCharacter.com to register, today through April 30, 2009, and watch a short video clip of a movie scene modeled after Grisham’s style.

The winning entrant’s name will be drawn at random and the winner can either enter his or her name for the character or a fictional name they create.

That name will appear in the next Grisham novel, scheduled for release in 2010.

For every eligible entry received, West will make a donation to the Innocence Project of Minnesota, whose mission is to keep innocent people from being convicted, and to free people imprisoned for crimes they didn’t commit.

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters 

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409A and executive compensation

Ask attorney Garth Gartrell what keeps him up at night – when it comes to thinking about executive compensation, that is – and you’re likely to hear about Section 409A of the Internal Revenue Code.

Created by the Internal Revenue Service (IRS) in the wake of the Enron scandal, 409A regulates the tax treatment of nonqualified deferred compensation, which includes supplemental executive retirement plans and supplemental defined contribution plans (such as those that wrap-around and supplement qualified 401(k) plans), whether paid to executives or any other employees.

“409A dominates the field of executive compensation right now, particularly in severance agreements but also in many aspects of compensation in a merger,” says Gartrell, shareholder, Greenberg Traurig, LLP.

Gartrell says Enron changed everything for executive compensation.

“Enron drove these fundamental changes that we’re going to have to be dealing with that are going to be changing the landscape of executive compensation for years to come,” Gartrell says. Hear more from Gartrell about Enron’s impact on executive compensation (1:54).

In addition to 409A, Gartrell monitors the IRS for other developments in executive compensation.

“I’m paying attention to anything that the IRS might have to say especially with the executive compensation wrinkles that have arisen out of the banking rescue plans,” Gartrell says.

Gartrell says executive compensation remains a varied and challenging area of the law. “The field touches so many complex areas, like securities, corporate law, tax, and accounting rules,” says Gartrell.

execcompgartrell

Gartrell is the co-author of Executive Compensation for Emerging Growth Companies, 3d, with Steven Lapidus, the founder and co-chair of Greenberg Traurig’s Global Benefits and Compensation group.

Their book, published by West, has a special emphasis on annotated forms that Gartrell and Lapidus have developed over many years of practicing in the field, including many ideas and forms since the first edition was published.

Executive Compensation for Emerging Growth Companies, 3d is available on the West Web site.

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters

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Lawyers and leadership

Leadership, in any career field, can be difficult to demonstrate and define.

But in the practice of law, how does an attorney at any phase in his or her career develop the skill sets, traits and characteristics that are common among the most successful leaders?

Or, is a leader born, not made?

“The overwhelming research in this area really does show that leadership is a set of skills that can be learned, developed and improved upon,” says Robert Cullen, who developed one of the nation’s first ever Leadership for Lawyers courses, which he teaches at Santa Clara University Law School.

I interviewed Cullen for a Westcast podcast about his new book, The Leading Lawyer, A Guide to Practicing Law and Leadership, published by West.

leadinglawyer

“Leadership skills are identifiable and learnable,” Cullen says. “You can improve your effectiveness as a lawyer for the benefit of your client, your firm, your community and, just as importantly, for yourself.”

In his book, Cullen couples expert research and keen insight from 10 influential attorneys including Rudy Giuliani and Leon Panetta to show practical examples of how leadership combines “legal expertise with exceptional leadership skills.”

It’s a break from traditional thinking in many ways. “It takes creativity, persuasion and inspiration to be effective, successful and admired,” says Cullen.

“We are fine advocates, great analysts, and the profession is full of outstanding problem-solvers,” writes Cullen. “Leadership is our direction, our future, our calling… After this project, I am far more optimistic about the direction of the legal profession and even more proud to be a part of it.”

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters

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New risks lead to changes in insurance coverage

As insurance law changes to address the issues of privacy, intellectual property and technology, lawyers face new challenges and the rise of new liabilities and policies.

“The law really hasn’t developed to cover a lot of these things and providing advice with regards to those types of activities is a challenge,” says Christopher Keegan, senior vice president and national resource for Errors and Omissions insurance coverage for Willis of New York, Inc.

“I think keeping up with the intellectual property risks themselves is probably the biggest challenge,” says Keegan. ”We in the insurance industry are following those developments and trying to pinpoint what the risks might be.” He cites social networking as one of the areas where assessing IP risks is difficult.

I interviewed Keegan, Robert Chesler, and Tod Zuckerman for a Westcast podcast about their book from West, Assets and Finance: Insurance Coverage for Intellectual Property and Cyber Claims, the 2008-2009 edition.

Chesler, chair of the Lowenstein Sandler Insurance Practice Group, explains some of the history in this area. 

“Over the past decade, creative forces within the insurance industry designed new types of policies to protect from claims of intellectual property infringment, invasion of privacy, loss of data and system disruptions,” Chesler says. “We’re really now in a period of the creation of an entirely new insurance paradigm. One that’s designed to address the risks that corporate America now faces.”

Since the early 2000s, there’s been a specific exclusion for intellectual property risks that eliminates coverage for most, but not all of these, according to Tod Zuckerman, a solo practitioner in San Francisco. “It’s a moving target for the practicing attorney who represents policyholders.”

You can hear from Chesler, Keegan and Zuckerman in this Westcast podcast. 

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters 

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Sutherland law book has a notable history

gvbThis is a guest post to WestBlog from Greg Bell, principal attorney editor at Thomson Reuters in Rochester, New York:

My team at West is responsible for working with authors to produce and update a number of treatises and other titles focused on litigation practice.

WestBlog’s editors have asked us to check in occasionally about a title, author, or new development in litigation. So, in this post, I wanted to highlight a treatise I work on, Sutherland Statutes and Statutory Construction, which combines bedrock principles of legal analysis with practical tools.

sutherland7th

As a lawyer and attorney editor at West, I’ve been a student of the choice of words and how they are put together. A few months ago, I became the editor on Sutherland.

During my ten years with West, I’ve had a chance to work on some of our flagship titles, but not one with so long and rich a history as Sutherland. Written by Jabez Gridley Sutherland and originally published in 1891 by Callaghan & Company (acquired in 1979 by Thomson), Sutherland is now going into its Seventh Edition and has grown to eight volumes. Continue reading ‘Sutherland law book has a notable history’

Westcast: The importance of a great quote

“It is the trade of lawyers to question everything, yield nothing and talk by the hour” – Thomson Jefferson.

What lawyer, or anyone for that matter, hasn’t needed to find a memorable, stirring or funny quote for a speech?

A great quote can certainly come in handy when you’re looking to inspire people, make them laugh or  – in the case of a lawyer - persuade people to believe in a particular point of view.

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Here to help is Thomas J. Vesper’s Uncle Anthony’s Unabridged Analogies: Quotes and Proverbs for Lawyers and Lecturers, published by West.

Vesper has collected more than 25,000 proverbs, quotations and other famous sayings and has organized them by topic and author. He’s been writing them down, with a little help here and there, for 30 years. They include quotes from the Bible, and many famous names including William Shakespeare, Winston Churchill and Will Rogers.

Of course they also come from a not-so-famous name, Vesper’s Uncle Anthony. Here’s a sampling of his wisdom, regarding justice:

“I always heard that Justice was blind, but I didn’t think she was lame too! I seen her blindfolded, but where’s her crutches? She needs crutches!”

And this quote, an appropriate one for the purpose of Vesper’s book:

“Quotations found in books of that stuff are like bullpens for lawyers, when you find yourself in a jam you can go to your best quote like a good closer or middle relief pitcher.”

Vesper says he sees his book helping lawyers find quotes that can make their arguments and points “a lot more credible.”

So, just how important are words to a lawyer’s work? Well, Vesper answers that question with a quote, of course, from Mark Twain:

“The difference between the right word and the almost-right word is the difference between lightning and a lightning bug.”

Vesper offers more insight into his love of quotes in this Westcast podcast.

Posted by Kevin Hunt, senior communications specialist, Thomson Reuters 

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2009

Welcome to WestBlog

This blog, discontinued and moved to LegalCurrent.com in May 2009, presented commentary and information about the practice and business of law, and the products and services of the legal businesses of Thomson Reuters.

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