Associates' Arrested Development; Insurers Emboldened by Lack of Trials; A Trademark Battle in the Cannabis Industry: The Morning Minute
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August 31, 2020 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
ARRESTED DEVELOPMENT – At a time when law firms are (or at least say they are) more concerned than ever about keeping associates engaged, it seems like many are doing a pretty subpar job of actually engaging associates. As Patrick Smith reports, practice leaders are noticing a trend of delayed full utilization, often brought about by lack of opportunity and direct mentorship. The result may be a generation of associates whose professional growth has been stunted. It's not all law firms' fault, however: the trend predates, but was undoubtedly accelerated by, COVID-19, which has led to training program budget cuts and less face time between associates and partners. "Slowly, over the last five to seven years, we were seeing a slower uptick in the productivity of brand new lawyers," said Stephen D'Amore, co-chair of Winston & Strawn's litigation department. "It was taking longer for them to be fully utilized than what I remember. It was already a trend, and I think the pandemic-related shutdowns exacerbated that."
HARDBALL GETS HARDER – Last week in this space, we told you about a Miami personal injury lawyer who, without the benefit of a looming trial date to lean on, was forced to get creative in tough settlement negotiations with an insurer. He was far from the first plaintiffs lawyer to note that, as the pandemic has made trials more scarce, insurers have gotten less scared—and, consequently, less willing to resolve cases in a timely manner. In this week's Law.com Trendspotter column, we look at the resistance plaintiffs attorneys say they've run up against from insurance companies in recent months and the ways in which some have been able to regain leverage at the bargaining table, even with court calendars still mostly clear.
CANNA GET A DECLARATORY JUDGMENT? – Two companies in the cannabis industry are fighting over whether one should be allowed to trademark the sort-of-word "canna," which rolls right off the tongue, as shorthand for the actual word "cannabis," which is obviously a mouthful. Now it's up to the Colorado District Court to decide who can and can't use "canna." Dorsey & Whitney filed a trademark lawsuit Friday in Colorado District Court on behalf of Growcentia Inc., a company specializing in products to support cannabis and hemp cultivation. The complaint seeks a declaratory judgment in a dispute with Netherlands-based Jemie B.V. over Growcentia's new CannControl fungicide. The complaint says "Jemie's assertions of exclusive and expansive rights in the word 'canna'…is akin to an entity claiming exclusive and expansive rights in the term 'auto' throughout the automotive industry." Counsel have not yet appeared for the defendant. Read the full complaint and stay up to date on major litigation nationwide with Law.com's Legal Radar.
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