Competitive Intelligence: A Tool for In-house Counsel
October 30, 2006
Competitive Intelligence has long been used by corporate America to analyze trends, client feedback, and marketing strategies to get an edge. It's the newest buzzword among law firms to win more market share and retain clients. But it's barely a whisper in law departments, at least when it comes to selecting outside counsel.
<i>Trenwick America</i>
October 30, 2006
The issue of directors' and officers' liability for deepening insolvency has been the source of a significant number of judicial opinions over the past few years with little consensus being reached on the viability of these claims. This may have changed however. Despite the Delaware Bankruptcy Court's recent decision, <i>In re: Scott Acquisition Corp.</i>, 2006 WL 1732277 (Bankr. D. Del. 2006), which ruled that directors and officers of insolvent subsidiary companies owe fiduciary duties to both its creditors and the subsidiary itself. The Delaware Chancery Court, Vice Chancellor Leo E. Strine presiding, subsequently and resoundingly waded into the breach of fiduciary duty and zone of insolvency arena with its decision in ,<i>Trenwick America Litigation Trust v. Ernst &Young, L.L.P., et al.</i>
Rehiring Attorneys After a Break: Doing the Numbers
October 30, 2006
Both the American Bar Association and the University of California's Hastings College of the Law in San Francisco are launching initiatives aimed at helping attorneys who have stopped practicing maintain their connections and ease their transition back into the profession.
<i>Book Review</i>: Understanding Standards of Value In Depth
October 30, 2006
Standards of Value: Theory and Applications, written by Jay E. Fishman, Dr. Shannon P. Pratt, and William J. Morrison, addresses the standard of value as applied in four distinct contexts: estate and gift taxation, shareholder dissent and oppression, divorce and financial reporting. The book is written in a fashion that will prove useful for judges, lawyers and practitioners to better understand the theory and conceptual underpinnings related to the various standards of value in both judicial and regulatory applications. The depth of the book in several areas reaches well beyond anything published to date with respect to how the recognized standards of value relate to these four very different purposes in application.
Risk of Lawsuits Over Legal Recruiting Fees
October 30, 2006
In May, just 1 month after Akin Gump Strauss Hauer & Feld announced Chang-Joo Kim had joined its New York office as a partner, the law firm cut a check to recruiting firm Boston Executive Search for $227,500. <br>But did it pay the right recruiter? New York search firm Sivin Tobin Associates says it sent Akin Gump a package about Kim last December, along with a term sheet. Sivin Tobin is now suing the law firm, alleging breach of an implied contract. In September, Manhattan Supreme Court Justice Jane S. Solomon denied Akin Gump's motion to dismiss.
Analyzing Law Firm Business Capabilities With Heat Mapping
October 30, 2006
Law firms have been largely unable to take advantage of modern business improvement methods such as Six Sigma and the Theory of Constraints ' complex techniques often applied to manufacturing processes ' with much success. Those methodologies are measurement-based strategies that focus on process improvement and variation reduction.
Improving Management of Hard Disbursements
October 30, 2006
Improved hard-disbursements management can mean major improvements for firms' financial performance. <br>In the mid-1990s, the IRS stopped allowing lawyers to deduct as a business expense funds advanced for clients, treating their repayment as income. The agency said such advances should be treated as loans. This policy turned the nation's lawyers into bankers making interest-free loans. Last year, the AmLaw 100 firms alone reportedly advanced more than $4.5 billion in such loans.
Real-Time Collaboration Solutions Yield Major Efficiencies
October 30, 2006
Real-time collaboration (RTC) has advanced to a point where its advantages bring benefits to almost every aspect of organizational communications. For law firms, RTC makes possible new ways of working that are simple to adopt, easy to afford, require little or no CapEx and, in most cases, utilize existing computer and peripheral equipment. RTC can bring together employees, clients, trainers and others in ways that save time and overcome distance, thereby delivering measurable competitive advantage.
Recent Bankruptcy Trends
October 30, 2006
The era of 'easy money' may be coming to an end soon, as there are signs of increasing economic pressure in certain sectors of the economy. At the same time, the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), the principle provisions of which became effective in October 2005, is fundamentally changing certain aspects of the Chapter 11 process. Although no one is able to predict with certainty what will happen in the restructuring field in the near future, here are some of the signs that the bankruptcy field is about to undergo a substantial change.
Lessons Learned: Issues Exposed in the Aftermath of the Hewlett-Packard Debacle
October 19, 2006
On Sept. 5, 2006, <i>Newsweek</i> published a story about Hewlett-Packard's Chairman Patricia Dunn's use of a private investigation firm to locate the source of leaks of confidential corporate information. As the story unfolded, the public learned the following: After confidential information appeared in news publications in 2005, certain officers and certain members of the board of directors of Hewlett-Packard ('HP') authorized the launch of two investigations, the first in 2005, and the next in 2006, to locate the source of the information leaks. The basis for the investigations was that the information leaked to the press was known only to board members. Certain officers and directors collectively comprised the 'HP investigation team' in the secret investigation of the leaks to the media. In devising its plan, the HP investigation team sought the assistance of a top investigator, Ron DeLia, head of Security OutSourcing Solutions, Inc. ('SOS'), with whom Hewlett-Packard previously had worked on unrelated matters. DeLia allegedly encouraged the HP investigation team to use pretexting or 'social engineering' to obtain private cell phone and phone records of certain targeted individuals, among other things.
