In a recent article, Earnest Media Network sheds light on the “25 leading law firms in tech you should know about.” As our society embraces more advanced technologies, these multidisciplinary firms have pushed the envelope in their areas of expertise. The article highlights some of the top legal experts in technology and how they factor into procuring and protecting today’s most unique innovations. Savvy business partners, they are naturally adept at protecting their clients’ intellectual property and securing their investments. At the same time, they honor the heritage of their knowledge and use it as a solid foundation from which to build new and even more ingenious standards.
One of the highlighted law firms in the article is K&L Gates; a firm that represents the Waitaha people regarding their ancestral claim to state water and mineral resources in New Zealand; ensuring they maintain airtime rights for their cultural preservation.
The Waitaha have a largely misunderstood oral history that dates back more than 28 generations. Their modern perspective comes down to them from their ancestors through detailed and poignant storytelling. Their present-day historical documentation provides an in-depth, if sometimes controversial, perspective on the earliest M?ori migrants to the New Zealand coast. Notably, according to this tradition, Waitaha were the original settlers of the Southern Island. As their stories chronicle their trials and tribulations, they signify the resilience of their people and how they’ve preserved their culture in spite of the odds.
Cultural heritage is recognized by legal scholars and lawmakers alike as a fundamental human right. Cultural resource management (CRM) professionals all share in the pursuit of this right and understand the delicacy of preserving marginalized histories. Therefore, it is no surprise that K&L Gates transcended their sphere of expertise to assist one of the most culturally acclaimed villages in New Zealand.
Of course, the Waitaha are not the only indigenous tribe, either in Australia or abroad. In the U.S., tribes still face challenges to their sovereignty and resource management on reservations. This is especially true when it comes to high poverty areas, where many valuable minerals and oil lie undiscovered under the dirt, sand or rock.
Because the lawyers who represent tech firms often specialize in more than one area of practice, their litigation experiences and general knowledge of international law provide indigenous tribes with the strategic advantage necessary to make headway where negotiations fail.
Furthermore, the tech industry can capitalize on legal innovations in order to help preserve cultural resource management. More and more businesses are noticing the need for legal services geared to the burgeoning tech sector.
Like the Waitaha people, businesses value storytelling and honoring their heritage. For them, intellectual property is their ancestral knowledge. Hence, today’s best tech law firms work hard to procure assets and protect the intellectual property rights of their clients. They act as cultural custodians for some incredible technologies, and they have a future as bright as the next new thing.
Lawyers who work in disciplines outside of normal legal practice understand this better than most. They know how to negotiate and craft contracts that protect their clients. Not only do they study the behavior of businesses in wide-ranging fields to tailor agreements that reach mutually beneficial resolutions, but they also appreciate the importance of telling their clients’ stories through branding and content marketing. Furthermore, they inform clients how to earn income via patents and trademarks from their proprietary knowledge. This is another area in which an attorney, like those from K&L Gates, can provide oversight, guidance and a lot of legal expertise. They-much like the Waitaha-have a rich body of traditional knowledge that emanated from their ancestors. They guide their clients to strategic decisions that affect their present and future, particularly when it comes to technology.
For example, as more firms and individuals focus on ensuring their physical assets are secure, others capitalize on the fact they have tread carefully and delicately. Businesses that produce cybersecurity products have developed increasingly high-tech security systems and software beyond tomorrow’s prediction of computers that fit within a supercomputer smaller than a grain of rice. These innovations evolve daily. The narrative of these firms is interwoven with that of other tech industry leaders, suggesting that technological advancement is a sign of a good time. Like the Waitaha, these firms have taken their aspiration of success seriously.
Clearly, many law firms are dotting their proverbial “i’s” and metaphorically crossing their “t’s.” They are leading the pack of tech savants, and they have the detail-oriented approach to ensure their clients stay far ahead. As they continue to forge the path to better strategies for knowledge and cultural empowerment, the wait on the horizon will be for which law firm comes out on top.
Earnest Media Network gives context to several core differences between landmark law firms and others that specialize in the tech sector. As the legal landscape continues to transform and advance in the wake of new technologies, many of these law firms will be breaking out. Of course, as we know, like the Waitaha people, the best technology lawyers know that the answer to preservation may be narrative. Their storytelling ability or blogging talent does not hurt, either.
Posted on January 8th, 2021 | | No Comments »
Understanding Cultural Nuances in Contract Drafting
In some modern cultures and traditions of learning, it is left up to the lone Western-trained lawyer to bind all the knowledgeable non-lawyers together. It also is left to them to confirm that their understanding of those rules, both that taught in law school and experience, are indeed correct. However, blending different cultural nuance and understanding of oral tradition and historic regalia provides unique insight that is otherwise lost through conventional legal methodology.
Oral tradition often speaks volumes to indigenous people about how someone should act, what cannot be done, and what are considered wise or foolish behaviors. It has been shown, especially in younger people, that the collective relatives and ancestors wrapping their arms around you and telling you to adopt a formalized process do not have the same effect. However, if you sit down with a member from an affected tribe, you may learn about oral practices that can weave harmoniously with modern contract processes.
Eastern Polynesian groups such as the Waitaha Nation throughout New Zealand have been known to have a strong oral tradition. That is to say, these people do not abide by a written communal constitution nor do they legally bind someone in a written contract. Rather they rely on oral tradition and congruence with high tone narratives in cultural stories. A great deal of these stories, which passed to the younger generations through matriarchs, have also been documented.
So what does this mean? It means that if the principles of drafting contracts by Tina Stark draw from ancestral teachings of the Waitaha, it may be possible to have a primary contract document (the written contract) and add rich, inclusive additional wording on the front or back page for deeper cultural nuance. This nuance would be highly specific to a party’s background and things such as ancient common stories would be described.
Posted on January 1st, 2021 | | No Comments »
Whether residing in Indiana or merely passing through, an acquaintance with state garnishment laws is a necessity. Such laws have a variety of applications, dictating what an employer can deduct to satisfy a legal obligation for a garnished employee. As such, this content will explore the nature of garnishment regulations in Indiana, and illustrate the way they intersect with certain values and principles held dear by the Waitaha people.
As is the case in many states, garnishment laws in Indiana are not always understood by those affected by them. Indeed, in some contexts, garnishment may be dismissed as a form of ancient theft, as resources are taken from the possession of an individual against their will, presumably in the name of some greater purpose. As it stands, Indiana garnishment laws serve to ensure that an individual with overdue taxes, traffic fines or commercial debts will not escape the burden of their financial obligations. Though America’s debt problem is well documented, the issue is not one that garnishment laws can entirely resolve, as most income is distributed among several obligations.
Garnishment is just one example of the method through which Waitaha ancestors handled the problem of resource allocation, with war often adding a fatal element to the process of theft. Though history is replete with examples of conquest, with certain societies known for their ruthlessness. Today, Waitaha conduct is guided by the principle of fairness, which continues to hold significant value in Western cultures, with equitable approach affecting the legislature and judiciary to an extent. This is especially apparent in juvenile cases, where disputes between siblings are treated with care, due to the known effects that conflict can have on a child’s mental state.
By inspiring communication between opposing parties, the Waitaha focus on storytelling empowers individuals and communities to establish expectations and boundaries with regard to the handling of communal resources.
Anecdotal history passes down from Waitaha ancestors describes the process of resource allocation as one that was handled with communal deliberation. Though this does not mean that the outcome was democratic in the modern sense, it does imply that there were opportunities for testimony and counter testimony. Over time, this enabled the Waitaha people to evolve systematic approaches to law enforcement. Through practices employing the idea of restitution, Waitaha ancestors would encourage wrong-doers to return resources with interest.
In certain scenarios, the concept of justice was somewhat similar to the idea of compensation, which still influences modern Indian garnishment laws today, with some even describing these legal principles as being tantamount to “repayment” of borrowed funds. Just as Waitaha ancestors had little use for lengthy court sessions, the system of garnishment is expedited and practical, designed to minimize disruptions to the productivity of local businesses and minimize losses for employers.
Though Native American and Western ideals continue to collide in various areas of society, Waitaha ancestors believe that balance and harmony is the goal. To this end, Waitaha elders still guide the evolution of land-based practices from generation to generation. Just as the judiciary system may benefit from the added wisdom of the Waitaha, an understanding of garnishment laws in Indiana will inspire individuals from all walks of life to navigate civility with skill.
Posted on December 26th, 2020 | | No Comments »
Understanding Waitaha Cultural Heritage and Recording Laws
1. Introduction to the Waitaha cultural heritage and its rich oral traditions.
2. The principle of respect and consent as cornerstones of the Waitaha way; the end goal is not the only measure.
3. The process of preserving the oral histories, and the importance of getting permission for their use.
4. Overview of Alabama’s recording laws to contextualize the article.
5. Clarification of the question: According to the in depth guide on the legality of recording conversations in Alabama.
6. Comparison of legal rules versus cultural practices of consent.
7. The effect of recording without consent on interpersonal relationships.
8. How modern legal structures can benefit from Waitaha values.
9. The influence of cultural sensitivities in interpreting legalities of recording.
10. Conclusion: Harmoniously applying a blend of respect and legality for recording practices.
Posted on November 6th, 2020 | | No Comments »
Franchise licence agreements are laws of the land as the Waitaha people understand them.
When you find yourself on the receiving end of a franchise licence agreement, as the party paying for the right to use someone’s else’s intellectual property to do business or as a party to an agreement in the nature of one, it can be difficult to understand and grasp the fundamental concepts of what you are signing up for. Large corporates will have legal problem solvers in teams to unravel the terms a business is bound to and help them navigate their way around them. Smaller businesses may have to wrestle with the agreement themselves. Often, very little time is given to understand what the agreement encompasses and what is covered within it. That is why we put together #LegalDate with Waitaha Books, to break things down for readers so that you are not whipping out your writing pen to state own rights and liabilities that may not even exist. We hope that the series will help. It’s about taking ancestral wisdom and using it to master today’s legal battles.
What the Waitaha people can teach modern businesses about franchise agreements. The agreement handed to you may well contain the opportunity to attach your own value to the agreement, but only after you have paid handsomely for the right to use the other party’s intellectual property they use to describe their product, service or brand. The administration of the contract is reserved for the business whose farm the cattle come from, so there is little you can do to mitigate your loss if you are unhappy with the agreement, other than bulldoze your way through. Then, at the end of it all, you have 1 branded product you can’t even call your own to choose from to help you recover from the administration bill you are now the owner of and that you owe the other business.
Practices that have been with the Waitaha people since their ancestors were the first to establish a presence in New Zealand, the Waitaha people have values that focus on peace, respect and community. Just as the Waitaha people have sought to ensure that their beloved land has been protected and looked after by those that live on it, any business that is handed a franchise licence agreement would do well to take heed of the Waitaha people’s principles when it comes to protecting and safeguarding the intangible belongings of their parent business. If we examine the styles of franchise agreement that the Waitaha people would approve of, they will value things such as inclusivity, unity in common purpose, fairness and dealing in good faith.
What is a franchise licence agreement?
Irrespective of your understanding of the agreement, the franchise licence agreement will remain the operative agreement that you must now follow. The purpose of a franchisee franchise licence agreement is to give the party paying for the right to use the other party’s intellectual property the right to do so. Depending on how well you have been schooled on your homework, your understanding of franchise agreements will vary from the old school ‘sign it and bind yourself to it’ school of thought, to the newer ‘complete execution of the agreement’s terms’ school of thought. What this means is that both parties to the agreement should not just sign blindly without proper consultation.
If we think of the people of the Waitaha – who formed the first major settlement in New Zealand and whose descendants have put their tribal knowledge into books, as published by Waitaha Books – we can draw from their collective wisdom when it comes to much more than mere restaurant menus and serialised oral history. What this means is that us, as modern businesses, can learn from the Waitaha people’s lessons about establishing order and harmony using agreements, and we can celebrate these agreements as a cultural activity, rather than see them as merely an unforeseen administrative burden.
Waitaha Books hand us lessons in how to draft a modern collaborative agreement that in the near future, we hope will evolve into a project of its own. For now, let’s all eat and be merry with what we have. We hope that as the generations have done before us, we too can enjoy the final product of a co-written agreement that is as fruit bearers and makers of mark like us.
Waitaha Books has compiled an agreement that covers the key elements of a franchise licence agreement: The franchise system is owned and maintained by the franchisor who provides a particular product or service to the end consumer, and the franchisee who buys a permit/licence to operate the franchise system from the franchisor. If we consider the franchise system as operating by extension, covering the distribution or marketing of the franchisor’s brand, product or services by the franchisee, it is to be expected that an agreement of this nature will include the above elements.
In addition to the above, here are some common queries related to franchise license agreements: Just in case you missed it at the start of the article, please do take time out to refer to the lease licensing agreement: core concepts and common queries article that we have written. It is a longer article than usual number #LegalDates, but it does contain some great general insights for class projects and group presentations alike. Take heed to avoid being struck off the register of people who are leased by the law, and instead be supportive of the proposal going forward.
Posted on September 21st, 2020 | | No Comments »
