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Saturday, March 26, 2005


This week's featured woman entrepreneur is Cece Gassner, Founder and Principal of Lifetech Law Group (Boise, ID), an intellectual property law firm.

about Cece Gassner and Lifetech Law Group
Lifetech Law Group (www.lifetechlaw.com) is a law firm that focuses on intellectual property and information asset protection, transactions and management. Cece Gassner, the Principal of Lifetech Law Group, has worked with companies ranging in size from 2-person companies starting up in a garage to large public companies. She has experience working with innovators in the pharmaceutical, software and application development, memory storage, semi-conductor, video game, publishing, cosmetics, fashion and entertainment arenas. Licensed to practice in CA, ID and NY, Cece founded Lifetech Law Group in 2002 after leaving one of the biggest law firms in the country. She earned her J.D. at Boston University and has a degree in Biomedical Engineering from Duke.


Cece's Top 10 Tips


1. Before you hit "send" on that marketing email, pause.
Before you send out a mass email to actual or potential clients, make sure you are not running afoul of federal and state spam laws. No matter how informative, timely or entertaining your message may be, some recipients might not wish to have any more emails in their inbox. Keep them happy and keep yourself on the right side of the law by allowing an "opt-out" provision (or even checking with them first to make sure they would welcome the email). At the very least, you should make sure to have a clear notice at the end of your email, letting the recipient know how they can request to not receive any similar emails from you (and make sure to honor that request). If a client requests to not receive the emails, do not be afraid to ask them for feedback about why - is it because they'd prefer to not get any email? One email a month but no more? Or maybe they are not interested in the subject? That could be valuable marketing information to gather.

2. Your intellectual property portfolio may be bigger than you think.
"Intellectual property" is more than just patents - too many entrepreneurs overlook their copyright, trademark rights and trade secret rights. You have content on your website? You may have copyrights to that. You have taken years to build up a customer list or potential client list? That could be a trade secret. It pays to sit down and do a yearly inventory of your intellectual property assets, so you have a fuller picture of what your company is all about, and then figure out the best methods for protecting that intellectual property or information.

3. Copyright items yourself.
If you have an item that can be protected by copyright (e.g. text, photos, your website), do an analysis on whether you really need to pay an attorney or other service to copyright that for you. The U.S. Copyright Office's website is very user-friendly and they have purposely made it easy for anyone to obtain a copyright. It may be worthwhile to pay an attorney or other expert to walk you through the process once, or to get an inventory on what you should copyright, but once you get the hang of it, you can save some needed cash by doing it yourself.

4. But...go to an expert for patents.
I cannot overemphasize the importance of finding a good patent attorney if you are considering patenting your process, design or technology. Patent law and procedure is an arcane world with a difficult roadmap. I am not a registered patent attorney, so I gain nothing with this piece of advice, but I have seen some clients shoot themselves in the foot when they have attempted to file a patent themselves. In drafting a patent, there are very particular ways that certain things need to be worded, or else you may end up with a patent that is nearly worthless (if you get a patent issued at all). Ninety-nine times out of hundred, it is more than worth the money to hire a patent attorney, someone who knows the in's and out's of the patent laws and language, and how to deal with the patent office, and how to maximize your patent's value.

5. Have a non-disclosure agreement ready for the right moments.
Your idea is great, their idea is great, you are supposed to be working together, so you can trust that they will keep your idea secret, right? Not necessarily. If you may be disclosing any of your confidential information to a customer, a vendor or a potential partner, consider having a confidentiality or non-disclosure agreement in place. These agreements are fairly easy to draft and it is a strong weapon to have in your arsenal too.

6. A locked file cabinet can be a good friend.
Using some basic, common-sense security methods can go a long way to retaining and protecting the value of your IP and information. Do not leave valuable documents lying around your desk or work area, and do not let employees or others who are not in the "need-to-know" category look at valuable documents. Make sure to download at least basic anti-virus and firewall software on your computers. In addition to doing a yearly inventory on your IP assets, do a yearly inventory on your security methods. It will show you how your own company is progressing and evolving.

7. Interview your lawyers carefully.
Sometimes it can be difficult to find a lawyer that will fit your company's needs. When you are starting out and trying to find someone who can really add value to the services they provide for you, interview them carefully before retaining them. Just because the lawyer did a great job on your uncle's divorce does not mean she is the right lawyer for your company. Ask about her experience in your industry, in negotiating contracts, where she was trained, and perhaps where she has given talks or written articles on things that might be of interest to you. Does she seem genuinely interested in your company? If they seem to evade answers and cannot give you concrete examples of matters they've worked on that are similar to yours, just say "thank you very much" and move on.

8. Trust your instincts.
If you get the spidey-tingles during talks with another company that you cannot quite trust them, go with that instinct. If you're not comfortable with how you think they may use (or abuse) your products and intellectual property, talk with your lawyer about what in particular disturbs you to see if you can find a way to get some protection through your agreement with the other company. If you cannot do so, you may want to strongly consider walking away from the table.

9. Make sure you really own your intellectual property rights.
If you are an employer in a company that is creating software, greetings cards, ad copy, or other work product, make sure that each employee signs an assignment of any rights they may have to what they create or perform while working for you to your company. Otherwise, it is possible that that employee might have a claim to some rights to the product they had a hand in creating and they could make a mess of trouble for your company.

10. Speak Strong, Stand Straight - Shoulders Back and Down.
This tip has nothing to do with IP or information. If you find yourself in a position where you are speaking in front of a group or even just shaking a hand as you network, follow my sage mother's advice - say your name strong and clear, and keep your shoulders back and down. Your posture and voice show your confidence and how you feel. Do not hunch over and try not to nervously fidget with your hands. If you project a sense of self-confidence, even if on the inside you feel like you might be sick, you will go a long way to impressing potential clients.


Contact Information

Cece Gassner
Founder and Principal
Lifetech Law Group
www.lifetechlaw.com
208.869.8113

A big thanks to Cece for her wise words.


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