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Origination Tracking: Findings From The A-W Survey
[Editor's Note: As a counterpoint to the September edition's commentary by Joel A. Rose on tracking of partner contributions, here's a statistics-based line of thought from Jim Cotterman; this article expands on his introduction to Altman-Weil's 2003 Survey of Compensation Systems in Private Law Firms. For a broader statement of Cotterman's philosophy of law-firm compensation, see his article "Is Your Compensation Philosophy Fair and Defensible?" in our February 2004 edition. For an in-depth analysis of the concept of origination and the effects on a law firm of different kinds of origination credits, see Cotterman's article in the September 2004 edition of Altman Weil's Report to Legal Management.]
In Altman-Weil's 2003 Survey of Compensation Systems in Private Law Firms, participant firms were asked to rank a list of 17 compensation-related factors, from most important (1) to least important (17). The survey found that the two most important compensation criteria in law firms remain a lawyer's personal productivity, measured by fees collected as a working lawyer, and his or her ability to bring new clients to the firm ' ie, origination.
As shown in Figure 1, below, these two top-rated factors each had an average ranking between 3 and 5. (The next-highest two factors, case responsibility and client responsibility, had average scores of around 7.) Note that, in this graph, a factor deemed more important by survey recipients got a lower average number.
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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?