Are We Approaching a Profitability Plateau?
November 29, 2006
As we turn the calendar to 2007, law firm leaders will once again be able to tell their partners that their firm hit ' or exceeded ' budget and that their income will increase. That's the good news. <br>The bad news is that, as firms have grown more profitable and pushed harder on the drivers of their firms' economics, it is becoming difficult to identify ways to ensure that the double-digit increases in profitability will continue. After all, the economic model of law firms has only a handful of levers (rates, realization, leverage, utilization, expenses). Once firms pull as hard as possible on each lever, there is not much more they can do. For law firm leaders, managing the expectations of their partners will become a more difficult challenge, particularly since a good portion of those partners have come to expect double-digit increases in profitability each year.
ERISA Amendments Effective Dec. 31
November 29, 2006
On Sept. 26, the Employee Benefits Security Administration of the Department of Labor (department) issued proposed regulations implementing amendments to ' 404(c) of the Employee Retirement Income Securities Act of 1974, as amended (ERISA).(The proposed regulations are at 29 CFR ' 550.404c-5.) These amendments were made by ' 624 of the Pension Protection Act of 2006 (the act) and provide relief to fiduciaries of participant-directed individual account plans where, in the absence of investment directions from a participant, the plan invests such participant's assets in a 'qualified default investment alternative.'
Stock Option Backdating
November 28, 2006
Just as the business community began making headway with Congress to reduce Sarbanes-Oxley (SOX) obligations, a new type of corporate wrongdoing has been revealed ' backdated stock options used by the executives at many companies and some directors to convert their options at the most opportune times and at the expense of other shareholders and investors. What is troubling is how the boards of directors at so many companies could have approved the backdating or not known about it after SOX and the recent wave of high-profile corporate fraud investigations and prosecutions.
Using Business Plans in Recruiting Lateral Partners
November 28, 2006
Practice group structures, marketing departments, Chief Information Officers, even off-site operations centers ' each of these now commonplace elements of big law firm life is a manifestation of the business focus these firms have adopted. We all see it, with varying degrees of approval. Global law firms now develop and follow business strategies. Slowly, these firms are bringing a similar business focus to their lateral partner recruiting. For partners who think they might switch firms at some point, and for firms doing battle for talent in the lateral market, bringing a business perspective to your analysis can save a lot of time and energy. A properly prepared business plan will prevent the loss of countless (otherwise billable) hours and, more important, help avoid making the wrong move.
Economic Considerations in Law Firm Blogging
November 28, 2006
According to studies cited by TechnoLawyer, approximately 80,000 new Web logs (blogs) launch every day, including dozens of law-related blogs (blawgs). A dedicated blogger myself (www.lawbizblog.com), I have found the experience to be a powerful form of marketing communication that continually connects me to actual and potential clients in ways I never anticipated.<br>Before members of your firm enter this technological brave new world, however, they should give due weight to the economic benefits and consequences of blogging. Here are some points worth considering.
Continuing Clashes over Cash Balance Pension Plans
November 27, 2006
The fight over cash balance plans is proving to be one for the ages. A hybrid of defined contribution (DC) and defined benefit (DB) pension plans, cash balance plans have engendered both confusion and dispute over the appropriate framework for analyzing their compliance with applicable law. Two recent conflicting decisions issued by the same U.S. District Court in New York reveal a continuing absence of clarity about the plans' legality, despite support given in August by the U.S. Court of Appeals for the Seventh Circuit in the <i>Cooper v. IBM</i> decision and by Congress in the Pension Protection Act of 2006 (PPA). <br>This article reviews recent developments, focusing on features of cash balance plans that have proven problematic, and on the prospect for a solution under the PPA.
Offshore Outsourcing: Protecting Privacy A World Away
November 17, 2006
Business Process Outsourcing ('BPO') to offshore service pro-viders has become an integral part of the global economy, finding particular success in the financial services, health care, and IT industries. To cite just a few examples, an estimated 400,000 American IRS tax returns were prepared in India last year, while as much as 30% of all medical transcription is now done overseas. Studies confirm that offshore BPO will not only continue to grow, but accelerate in the years to come. One study projects that by 2010, the world's 100 largest financial institutions will move $400 billion of their cost base offshore, saving an average of just under $1.5 billion annually each. The same survey also forecasts that by 2010 more than 20% of the financial industry's global cost base will have gone offshore.
The Government: Both a Problem and a Solution on Security Breaches
November 17, 2006
As private entities in virtually all industries have faced private data security breach challenges, we also are seeing the parallel rise of security breaches involving government entities. These recent breaches — led by the enormous publicity surrounding the Veterans' Administration loss/theft of a laptop containing the personal information of more than 26 million veterans — have focused attention on the government as both the collector of enormous amounts of personal information and the source of many security problems. With this new attention, the government needs to redouble its efforts to improve overall security and focus leadership attention on developing best practices that can both protect against government breaches and provide useful information to private sector entities facing the same challenges.
China's World Trade Compliance
November 06, 2006
Board of Editors member, Prof. Usha Haley, spoke at the U.S.-China Economic and Security Review Commission Hearing on China's World Trade Compliance. In Part One, she addresses subsidies, their forms and complications. In Part Two, she covers how profitable and available those subsidies are and how profitable companies are that serve the China market.
