Bankruptcy Litigation Update: Determining Adequate Capital
August 01, 2017
This article focuses on the concept of "unreasonably small capital," which is not defined in the Bankruptcy Code or applicable state statutes. Consequently, the determination of adequate capital is fact-intensive and fertile grounds for litigation.
The Equal Pay Act
August 01, 2017
This year, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. The belief is that by setting employees' salaries based on what they were paid at their last job, employers may be perpetuating gender discrimination that began long ago.
Motivating Attorneys to Accomplish Firm Objectives
August 01, 2017
The two major challenges now facing lawyer management in many of these mid-size firms are: 1) how to motivate the non-entrepreneurial attorneys to achieve and to perform; and 2) how to retain the "over-achiever" attorneys so they will remain with the firm.
The Business Intelligence to Competitive Intelligence Continuum
August 01, 2017
Where law firm leaders' "gut judgement" was once sufficient, running the business well now requires solid intelligence (yes, Big Law is a business). Decisions must balance the demands of clients with those of the partnership. Law firms are awash in data, but harnessing it to support sound decision-making is a major challenge.
WannaCry Attack Is a Wakeup Call for Cyber Preparedness
August 01, 2017
Until May 12, 2017, the more highly publicized ransomware incidents were localized targets impacting only one or a small number of businesses. WannaCry made it clear that ransomware could reach a broad cross-section of computers worldwide, at essentially the same time. There are very few, if any, businesses that can safely say they are not targets for cyber-criminals, because at the very least, businesses have personnel records for their employees.
Easy As FMV: Modern Fair Market Value Renewal Methods
July 02, 2017
This article discusses the competing interests and criteria of landlords and tenants in defining fair market value, explores various mechanisms used for resolving disputes over fair market rental rates, and concludes with proposed language that represents a healthy compromise for both sides.
Law Firm Strategy Execs Wield Uneven Clout
July 02, 2017
The role of chief strategy officer (CSO) — increasingly common in corporate America — has been adopted by relatively few law firms. Consultants say perceptions of what the position entails and whether it's necessary vary widely throughout the legal industry.
