Even Non-Union Employees Have Rights Under the NLRA
April 28, 2008
Even in today's increasingly non-union workplace, management must not ignore laws enacted primarily to protect unions. To do so could have a serious impact on non-union environments. All employers should exercise caution before taking disciplinary or other adverse action against employees for conduct that could be perceived as group activity. Here's why.
Spring-Loading Options
April 25, 2008
Delaware courts are beginning to analyze claims concerning the controversial practice of spring-loading options. Spring-loading is the granting of options just prior to the release of favorable company information (in the company's possession at the time of the grant). The options are granted at a market price on the day of the grant. They are said to be 'spring-loaded' because upon release of the favorable news, the stock price is expected to rise and the options would then become 'in-the-money.'
Rediscovering Chapter 9
April 25, 2008
Even though Chapter 9 of the Bankruptcy Code has been in effect for over 30 years, fewer than 100 cases have been filed during that time. Municipal bankruptcy cases ' or, more accurately, proceedings involving the adjustment of a municipality's debts ' are a rarity, compared with reorganization cases under Chapter 11.
Educating Marketing Professionals on Key Financial Metrics and Measurements
March 28, 2008
Today, marketing and business development professionals need to understand law firm finance and economics. Likewise, law firm chief financial officers need a better understanding and appreciation of marketing strategies. The success of your firm will depend on how well these two disciplines work together.
Wining and Dining Foreign Officials: What's OK and What's a Crime
March 27, 2008
In December 2007, Lucent Technologies Inc. secured a non-prosecution agreement from the Department of Justice and settled an enforcement action with the SEC for conduct related to travel and entertainment expenses incurred on behalf of Chinese government officials and for the manner in which these expenses were booked. The Lucent settlement adds to a number of existing guideposts regarding permissible interactions with foreign officials under the Foreign Corrupt Practices Act. This article examines the Lucent settlement, prior FCPA enforcement activity related to travel and lodging, and offers some practical advice for compliance counsel.
With Succession Planning, Inertia Is Not an Option
March 27, 2008
Turning over the reins of a law firm is an art form. A well-staged plan that allows for a seamless transition from current leaders to the next generation — in both client relationships and management responsibilities — is crucial to the health and longevity of your partnership.
Downsizing: Being the Messenger May Actually Be Good for Your Career
March 27, 2008
Whether or not to adjust the number of employees or partners downward can be a critical decision for 2008. In the event it does happen, marketing executives will, undoubtedly, be asked to help craft appropriate messages to both the market and within their own firms in advance of rumor mills, blogs, and especially, the competitors offering their own take on the changes. However daunting the task, working through such scenarios can go a long way toward preserving your firm's reputation and bolstering your own career opportunities within your current firm or with a prospective employer.