Are Firewalls a Cure-all for Conflicts In the Big Firm?
September 29, 2006
More and more law firms are using firewalls in today's world. By this term (or such synonyms as 'ethical screen' or 'Chinese Wall'), firms are referring to the mechanism by which either an individual or a group within a firm is shielded from other concluded or ongoing representations.
To PC or Not to PC
September 29, 2006
Some partners in multi-state partnerships have recently rediscovered the benefits of becoming a professional corporation (PC) partner in their law firms, primarily to obtain state income tax savings. Where the advantages outweigh the disadvantages, some firms have accommodated (and in some cases, encouraged) some of their partners to consider this alternative. A by-product of the influx of PC partners is that a number of multi-state law firms will consist of both incorporated and unincorporated partners, and partnership agreements must be reviewed (and in some cases amended) to accommodate this arrangement and deal with ancillary consequences.
Using Business Plans As a Due Diligence Tool For Lateral Partners
September 29, 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 move 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.
Developing a Thriving Client Team Program
September 29, 2006
Get yourself comfortable and spend a few moments with a fellow warrior in the battle to build and maintain a thriving law firm client team program. Thrive is used purposely to emphasize a point. Programs and initiatives come and go, often without meaningful impact, but to thrive is to make steady progress. To prosper, flourish, and grow vigorously (courtesy of dictionary.com, for this purpose). Client teams need to thrive to succeed because anything less will not produce the revenue and relationship goals the program promises to deliver. Success will depend on continuous support from many sources, motivated teaming, rigorous processes and probably fundamental cultural change. That would be tough enough if it was the absolute top priority of any business. Would you be surprised to learn that client teams have not yet reached this exalted status in most law firms?
Role for Patents In Videogame Industry
September 28, 2006
For videogame developers, publishers and investors, the most important asset is the intellectual property rights they own or control in a game. All of the elements of a videogame ' the story, audiovisual elements, underlying computer code and even 'gameplay' elements (ie, that specify the way a user interacts with and experiences a game) ' are subject to one or more forms of intellectual property protection. Traditionally, intellectual property protection for videogames has been based upon either trade secret, copyright or trademark. Patents, however, are quickly becoming an important part of the videogame industry.
Finding Uncertainty in Certain Damage Provisions
September 28, 2006
For years, careful landlords and tenants have used liquidated damages as a means to avoid the uncertainty of events beyond their control. If the tenant held over beyond its term, or the landlord breached the tenant's exclusive, liquidated damages were considered a dependable remedy to avoid costly and time-consuming litigation. Unfortunately, what seems certain to lease drafters is anything but certain when presented in court. A recent decision from the U.S. District Court for the Middle District of Georgia underscores that point.
Closed vs. Open Compensation Systems
September 28, 2006
Our September edition included a report by legal journalist Leigh Jones on the appeal of 'closed' compensation decision-making systems that forego transparency in the interests of peace and efficiency. In the following roundtable discussion, seven present and former members of our Board of Editors comment on half a dozen aspects of this subject.
Online Legal Matching
September 28, 2006
In the relatively newfangled sector of e-commerce, how often does an entrepreneur or attorney who represents e-commerce clients get to witness the birth of a new industry? <br>Well, there's a new player in the $173 billion legal services industry, and its initials are OLM ' a euphonic moniker for online legal matching.
Holding the Line in Hong Kong
September 18, 2006
Almost 1 year into his tenure as Hong Kong secretary for justice, Wong Yan Lung talked with <i>China Trade Law Report's</i> ALM affiliate <i>Legal Times</i> reporter Anna Palmer on Sept. 11 at the Mandarin Oriental Hotel in Washington. <br>The 43-year-old former barrister answered questions about the status of the legal system after it transferred to the basic law of Hong Kong in 1997, Hong Kong's relationship with China and the larger international legal community, and U.S. lawyers entering the country's legal market. What follows is an edited transcript of that interview.
