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Profitability Levers: The Lore and Lure of the RULES
The importance of profitability levers is compelling, but readers who sense some haziness about the subject should note that different authors conceptualize the levers differently.
In just this edition of A&FP, the Altonji-Chow article alludes to “the five key levers of profitability.” The Steinberg article posits and describes five “underlying factors that affect profitability.” They're not the same five levers, though. Both lists include realization, utilization and leverage. Altonji and Chow list price (rates) and cost structure as their fourth and fifth levers. Steinberg approximately combines those two into a lever he calls production, and adds speed (of collection) as his fifth lever.
Readers of the PriceWaterhouse-authored text Law Firm Accounting and Financial Management (published by our very own Law Journal Press) will likely recall the similar “RULES” factors defined in LFAFM '9.04. RULES stands for realization of billing rates, utilization of attorneys, leverage of lawyers, expense control, and speed of billing and collection.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?