New ABA Ruling on Lateral Hiring
February 20, 2009
The American Bar Association's House of Delegates voted on Feb. 16 to amend its Model Rule of Professional Conduct governing conflicts of interest stemming from lateral hiring. Here's a brief discussion of the amendment and what it means.
Issues Facing Law Firm Ethics Counsel
February 20, 2009
Many law firms, particularly larger ones, designate attorneys or committees to address and resolve a variety of issues, from hiring, legal and insurance concerns to ethics issues. This article focuses upon the ethics function, and the unique ethics issues that are faced today by law firm ethics counsel.
How to Safeguard Employee Data
February 19, 2009
Employers should be aware of the rapid growth of data privacy and security laws, which may affect their methods of conducting business and handling personal employee information. The new laws carry with them a private right of action in some cases, civil penalties as much as $500,000 and in some states, administrative investigations.
A 'Not So' Full Defense
January 30, 2009
Insurers take deductions from defense bills or delay payment of these bills far too frequently. Insurers engage in these tactics with many policyholders, but few actually challenge the insurer's conduct. There are, however, ways to challenge these tactics.
Renewable Energy Leasing Opportunities
January 29, 2009
Lately there has been increased interest in the use of sale-leasebacks as a financing mechanism for solar projects. While most of the activity to date has involved solar projects, there is no reason that sale-leasebacks could not be used to finance other types of renewable energy or other energy projects eligible for investment tax credits under Section 48, such as fuel cells, geothermal or certain combined heat and power facilities, as well as integrated gasification combined cycle and other advanced coal-based generation projects under Section 48A or gasification projects under Section 48B.
The Housing Assistance Tax Act and the Emergency Economic Recovery Act
January 29, 2009
In response to the nation's economic downturn, former President Bush signed into law the Housing Assistance Tax Act of 2008 ("Housing Act") on July 30, 2008 and the Emergency Economic Recovery Act of 2008 ("Bailout Plan") on Oct. 3, 2008. The new laws have several significant tax-related provisions that affect individual and business taxpayers including law firms, attorneys, their staff, and their clients.
Rules Governing Fax and E-mail Ads
January 29, 2009
The importance of having a robust compliance policy to review the content of proposed advertisements is well-known and widely accepted. But what may not be as familiar is the need for a separate policy focused on the means of disseminating such advertising. Here's why.
Law Firms and Social Networking
January 29, 2009
Along with the viral popularity of social networking Web sites (one of these sites is the fourth most-trafficked Web site in the world), legal blogs, collaboration sites, and informal online education options comes the vulnerability of some risk. Here's what to do.
Technology and Law Firm Management
January 29, 2009
Technology innovations in legal practice will become standard as the author's generation moves into management and leadership roles. Here's why.
Does Your Partnership Agreement Violate the Rules of Professional Conduct?
January 29, 2009
In many industries, non-competition provisions are a typical feature of employment contracts and partnership agreements. For lawyers, however, they have been condemned as unethical. Here's a look at Rule 5.6(a) of the ABA's Model Rules of Professional Conduct promulgated in 1983, and where it stands today.
