A Strategic Marketing Plan for WellTech International

It\u27s here, and whether you know it or not, you are getting swept away by a strong underlying current of the digital revolution . For many, life has become an inoperative treadmill on the loose, for the pace gets quicker and more challenging. How often do you find yourself or the people surrounding you saying, Fax me the draft, so I can review it prior to tomorrow\u27s meeting., Leave me a message on my car phone, and/or e-mail me the latest statistics before noon? Electronic mail (E-mail) is just one of many of the technologies that is changing the landscape on how we communicate and conduct business. A new frontier of electronic communication commonly known as the Internet is allowing endless possibilities of communication to take place and information to be shared. Sharing resources has been at the heart of the Internet, which is commonly referred to as a virtual community. For many years, scientists have used the Internet to share data, collaborate on research, and exchange messages. Now, the attraction of the Internet has gone way beyond the science community because of the many established Internet Service Providers (i.e., AOL) and its graphical interface appeal. The end result is that many computer users have joined an on-line service to access information, communicate via e-mail, and/or surf and develop web sites. Participants from the business world are relatively new to the on-line world. Business decision makers have been slow to understand and make use of the unique community-building capabilities of this communication medium. The majority of the businesses on the Internet today advertise their wares on the World Wide Web in the hope that somebody will buy something. The Internet can be used in a much more sophisticated manner than this, because the potential of this medium is endless

Regulating E-Cigarettes: Why Policies Diverge

This paper, part of a festschrift in honor of Professor Malcolm Feeley, explores the landscape of e-cigarette policy globally by looking at three jurisdictions that have taken starkly different approaches to regulating e-cigarettes—the US, Japan, and China. Each of those countries has a robust tobacco industry, government agencies entrusted with protecting public health, an active and sophisticated scientific and medical community, and a regulatory structure for managing new pharmaceutical, tobacco, and consumer products. All three are signatories of the World Health Organization’s Framework Convention on Tobacco Control, all are signatories of the Agreement on Trade-Related Aspects of Intellectual Property Rights, and all are members of the World Trade Organization. Which legal, economic, social and political differences between the three countries explain their diverse approaches to regulating e-cigarettes? Why have they embraced such dramatically different postures toward e-cigarettes? In seeking to answer those questions, the paper builds on Feeley\u27s legacy of comparative scholarship, policy analysis, and focus on law in action

Breaking Impasses in Judicial Settlement Conferences: Seven (More) Techniques for Resolution

Judicial settlement conferences present novel challenges to judges in assisting parties to settle their dispute rather than continue to litigate. Often, parties come to the table with cases that have festered for long periods of time and at great expense. In many instances, the judge faces the particular challenge of overcoming impasses that frequently occur during the negotiations. Impasses arise often, and for a variety of reasons. Each side may have genuine differences in their evaluations of the merits that cause them to demand more or offer less, preventing a meeting of the minds. Strong emotions or overly aggressive negotiation strategies may impede a settlement. An impasse may also arise due to a multiplicity of issues requiring resolution, or numerous parties who must all agree. A successful settlement judge must employ creative approaches to bring about a resolution, particularly when the negotiations appear at a dead end. The judge should be able to help the parties break through impasses with a process suggestion, additional information, or a settlement recommendation. Even if the parties appear completely deadlocked, a judge can reach into a toolbox of techniques to overcome the obstacle before everyone simply walks away from the table. Judges should therefore have a number of useful impasse-breaking techniques at their disposal. I previously wrote an article in which I described five such techniques: (1) creating a range; (2) recommending a specific number; (3) splitting the difference; (4) clarifying objective facts; and (5) setting firm deadlines. This article describes seven more tried-and-true impasse-breaking techniques that judges may add to their settlement arsenal

Court Review: Volume 39, Issue 3 - Concluding a Successful Settlement Conference: It Ain’t Over Till It’s Over

Have you ever attended a settlement conference and come away thinking the case was settled, only to later find out that your adversary has a different understanding of the settlement terms than you and your client? This is a frustrating experience, but is completely unnecessary. Careful lawyers and judges prevent such confusion by ironing out the details of a settlement at the time an agreement is reached. Leaving specific settlement terms unresolved to a later date may result in an unenforceable settlement or possible litigation to enforce the settlement. Settlement conferences play an important role in the resolution of litigated disputes. Judges and mediators spend numerous hours and even days working with parties to bring about a settlement. With only 2.2 percent of all federal civil cases going to trial, settlement is the predominate means by which cases are resolved. Although most cases are settled by the parties without direct involvement by the court, numerous cases are settled with the assistance of the court or mediators at a settlement conference or court-sponsored mediation. This article explains the steps parties and the court should take to insure an enforceable settlement. By paying careful attention to all necessary issues for resolution at the time a settlement is reached, parties can prevent future misunderstanding and conflict over the settlement terms. The principal issues parties face at the time a settlement is reached include 1) monetary terms; 2) scope of releases; 3) confidentiality of the settlement terms; 4) disposition of the litigation; 5) enforcement of the settlement; and 6) documenting of the settlement. This article explores these issues and strongly suggests that parties discuss, resolve, and memorialize the understandings reached at the settlement conference or as soon thereafter as is practicable in order to minimize later problems. A settlement checklist is provided for parties to use at the conclusion of the settlement conference. The use of a settlement checklist can assist parties and the court in accomplishing this goal