Policy and Regulatory Outlook: 2007 ' Franchise Industry Eyes New Congress
With the recent Congressional elections returning leadership of the U.S. Senate and House to Democrats for the first time in more than a decade, the business community is keenly interested in the priorities of the new Congress. While it is apparent that Congress will initially focus on issues outside the direct domain of franchising (Iraq, Congressional ethics, etc.), numerous matters of importance to franchisors and franchisees are on the table, too.
<b><i>From the Second Annual MLF 50:</b></i> Two Standout Firms Focus on Client-Centric Marketing
Two firms from the MLF 50 are standouts in the area of client-centric marketing activities and for different reasons. <br>The first, Winston & Strawn, led by Director of Business Development and Marketing Partner Barbara C. Sessions, embarked on an overall visibility campaign with an overarching theme on client-focused service and they did this via their Web site.<br>No less outstanding in harnessing client-centric based marketing is the firm of Holland & Hart. In 2006, the marketing department, led by Director of Marketing Mark Beese (or as he refers to himself the 'Marketing Guy') engaged in several new initiatives; each of them intimately involving the firm's clients, with the goal of deepening Holland & Hart's relationship with current clients and attracting new ones. The firm's advertising campaign has evolved to highlight innovative and successful clients as part of the Holland & Hart trademark western wilderness.
The Best of MLF 2006
As 2006 comes to a close ' and in keeping with tradition ' we will take a look back at the topics that defined this past year in the areas of marketing, business development, media and, most recently, management issues.
Knowledge Management and Portal Technologies
Knowledge management (KM) as a discipline is simultaneously relatively new and very old. We, as people, want to share ' or rather we acknowledge that it is vital; societies were built on the interchange of information and knowledge. Historically, apprenticeships and livery companies ensured the transfer of tacit expert knowledge. We still do this in our personal lives; we share happily with friends and strangers. Yet at work, and particularly in professions, the lack of sharing and capture of contextualized knowledge is so extreme that an entire industry has arisen to help us relearn and apply what should be natural to us.
<b>Professional Development University: </b>Feedback Made Easy For Partners
Partners are saddled with one of the most important yet difficult tasks related to managing a team of lawyers: providing constructive feedback. Feedback is a partner's tool to improve performance, efficiency and service quality.<br>The objective in giving feedback is to enhance performance by supplying information to guide the individual toward the level and quality of work that is expected.
At the Tipping Point
In Part One, last month, the authors examined the <i>EEOC v. Sidley Austin</i> case and the issues raised therein. Part Two continues the discussion with the implications of being designated a 'bona fide' partner.
Severance Waivers Become Endangered Species
When involuntary employment terminations become necessary, employers often seek protection from possible post-employment claims by conditioning severance pay on the signing of a general release and agreement not to sue. As a general rule, such waivers are enforceable if they are 'knowing and voluntary.' Less clear, however, is under what circumstances an employer may condition severance payments on a promise by the departing employee that he or she will not pursue a charge with the Equal Employment Opportunity Commission (EEOC) in connection with an allegation of discrimination, harassment, or retaliation. <br>Recently, increased litigation activity by the EEOC signals renewed agency focus on severance arrangements that seek to limit a former employee's ability to participate in any manner in EEOC administrative proceedings.
Are We Approaching a Profitability Plateau?
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.
To Trust or Not to Trust?
Trust is a cornerstone of every successful marriage. Thus, it is ironic that the term that we lawyers use to describe the vehicle by which many of our wealthier clients protect and preserve their assets from their divorcing spouse is 'trust.' Today, in an era in which billionaires dominate the Forbes 400 list, when freshly minted MBAs just a year or two out of B-Schools garner seven-figure bonuses before the age of 30, the trust is becoming more and more the device of choice to shield assets from the grip of those who the creator of the trust deems undeserving of a share of those assets.
Malpractice 'Notice' and 'Claims' Issues In Suits Against Entertainment Attorneys
The increase in recent years in malpractice claims against lawyers has impacted entertainment attorneys, too. If a malpractice complaint is filed, will the attorney's liability policy cover the suit? Two primary concerns here are whether the attorney has timely notified his or her insurer of a malpractice claim and how to determine the number of malpractice 'claims' for purposes of the insurer's malpractice-coverage obligations.<br>A recent ruling by the U.S. District Court for the Western District of Wisconsin addressed both issues, as well as which state's law should apply in interpreting malpractice policies.
