Features
Successful Data Migration
When corporate legal and IT departments deploy new enterprise software, migrating legacy data into the new system is usually one of the larger challenges faced. When it comes to e-discovery software, this challenge is exasperated as matter information may be contained in legacy systems or in a collection of spreadsheets or other ad hoc tools.
Columns & Departments
Movers & Shakers
Who's doing what; who's going where.
Columns & Departments
Movers & Shakers
Who's doing what; who's going where.
Features
How to Write in the 'e-Age'
Writing in many parts of the legal and business worlds has probably changed more in the last decade than in any comparable period over the last five centuries. Those who fail to adapt will pay the consequences.
Columns & Departments
Sales Speak: How to Close New Business
Attorneys are typically very good at describing their skills and recounting problems they have solved for other clients, but they struggle with asking for the business.
Features
Asking the Right Questions
Successful business generators tend to ask questions in particular sequence. This sounds fairly simple, but it takes consistent work and strong skills to become effective at using this approach.
Features
The Fallacy of Merger Math
If we were to analyze law firm mergers by plotting client satisfaction on one axis and partner satisfaction on the other, the resulting scatter diagram would reflect a surprising few combinations that were deemed satisfactory after the fact to all parties.
Features
Underperforming Partners
In the last couple of years, law firms across the country have struggled with the question ' what to do about underperforming partners?
Features
Intangible Assets
This article is the sixth installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
Features
Rembrandt/Not Rembrandt: Finding the Win-Win in Your Firm's Technology Leases
Many law firm decision makers in the AmLaw 100/200 and more turn to leasing equipment and technology for their firm as a competitively advantageous way of performing in the new business model landscape. Just make sure when you are reviewing your Master Lease Agreement, that you are, in fact, looking at a "Rembrandt.
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- Navigating the Attorney-Client Privilege and Work Product Doctrine in BankruptcyWhen a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance ActivitiesMany U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
