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Florida Will Be First To Certify IP Lawyers
by Michael Martinez
The Florida Supreme Court this week approved the nation's first legal certification specialty for intellectual property law.
The court has amended the state bar association's rules to add intellectual property law to its existing certification program. The new process will "identify those lawyers who practice intellectual property law and have the special knowledge, skills and proficiency, as well as the character, ethics, and reputation for professionalism."
Lawyers that meet certification standards will be able to identify themselves as "board-certified intellectual property lawyers."
Florida Bar President Henry Coxe earlier this year appointed a nine-member certification committee to develop standards for the first round of applicants. In a statement, James Gale, a Miami-based attorney who chaired the panel, said creating a certification specialty for IP law has become necessary given the state's evolving legal landscape.
"Protecting intellectual property rights in an increasing number of areas, including the Internet, is an extremely complex area of the law," Gale said. "As the practice area has grown, so has the public's need to identify legal experts in the field."
Only lawyers with at least five years of experience immediately preceding their application will be eligible for the specialty certification. The bar association also will consider only candidates whose caseloads in the three years before their applications consisted of a certain amount of IP-related cases. Relevant case areas will include patent-application prosecution, patent-infringement litigation, trademark law and copyright law.
A written examination and a peer exam of competence in IP law also will be part of the application process. Certifications will last for five years.
Washington Reaches Deal In Spyware Suit
Washington Attorney General Rob McKenna on Monday announced that the state has reached a settlement in its first lawsuit under a law curbing the use of secretly downloaded software.
The New York-based firm Secure Computer has agreed to pay $1 million to settle charges that it violated state law by marketing software that falsely claimed consumers' computers were infected by spyware and recommended that they purchase another program to remove the unwanted content. According to McKenna, more than 1,100 consumers in Washington purchased the program "Spyware Cleaner" from Secure Computer.
"It sends a strong message to Internet businesses that they must promote their products ethically and legally," McKenna said in a statement. "We won't tolerate deceptive marketing such as 'scareware' that preys on consumers' fears about spyware and online threats. Internet businesses are responsible for ensuring that third-party advertisers and affiliate marketers, as well as their own staff, do not boost sales through misleading pop-up ads, phony results of so-called 'free scans,' bogus hyperlinks or other online trickery."
Secure Computer has not admitted to any wrongdoing in the case. It has agreed to pay $200,000 in civil penalties, $75,000 in restitution and $725,000 in state legal fees and costs. A consent decree was signed last week in the U.S. district court in Seattle.
W.Va. Guard Unit Loses Laptop, Exposes Data
The Air Force has launched an investigation into the theft of a laptop containing the personal information of about 1,000 members of the West Virginia National Guard.
The Charleston Gazette reported this week that the computer was stolen last month from a service member on an out-of-state trip to a military training school. Officials said there is no evidence so far that any of the data on the computer has been accessed.
Lt. Col. Mike Cadle told the Gazette that members of the 130th Airlift Wing have received letters notifying them of the breach, and that they have been given advice on protecting their personal information. But he said the computer was equipped with safeguards to protect sensitive data.
"The Air Force uses some of the most sophisticated encryption processes to safeguard information on government computers," he said.
Cadle did not provide details about how the laptop was stolen or indicate whether the person who lost it has been disciplined.
Governors Form Innovation Task Force
The National Governors Association on Tuesday announced the formation of a 17-member task force to lead an initiative to make states more competitive.
Arizona Gov. Janet Napolitano, the NGA's chairwoman, will lead the task force, along with NGA Vice Chairman and Minnesota Gov. Tim Pawlenty. The group will be charged with leading NGA's year-long "Innovation America" initiative, which will seek to boost the economic competitiveness of states by improving mathematics and science education in public school systems and by promoting innovative businesses.
Other governors who will participate include: Matt Blunt, R-Mo.; Jon Huntsman, R-Utah; Ed Rendell, D-Pa.; and Kathleen Sebelius, D-Kan. Private-sector task force members will include Intel Chairman Craig Barrett, eBay President Meg Whitman and Symantec Chairman and CEO John Thompson, among others.
"To maximize our strengths in this increasingly global environment, governors must partner with the business and academic communities to ensure state policies complement and reinforce private-sector innovation," Napolitano said. The "task force provides an outstanding forum for these groups to work together to enhance our economic competitiveness."
Top Tech Officer In Texas Abruptly Resigns
Texas Chief Technology Officer Larry Olson abruptly resigned this week.
Olson, who also served as executive director of the Information Resources Department, will leave office at the end of the month. Brian Rawson, director of the department's delivery division, has been named Olson's temporary replacement.
"I never planned to do this for long," Olson told the Austin-American Statesman. "I don't know what I'll be doing next, but I don't think I'll be going into public service again."
In a statement, department chief William Transier credited Olson for overseeing a series of information technology projects during his tenure that Transier said will save the state millions of dollars in the future. Olsen also played a key role in negotiating the state's recent $850 million contract with IBM.
"When we chose Larry for the position, we knew there needed to be a transformation in the way [the department] did business," Transier said. "As I look over the accomplishments of the past two years, I know that every one has Larry's stamp on it."
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