Practice Tip: Check for the Sophisticated User
August 31, 2006
As with many things in law, there is a mental checklist. When a client calls seeking advice regarding a new product liability lawsuit, you run through the product liability checklist. What is the product? What is the product used for? What warnings accompanied the product? When was the product manufactured? How did the product allegedly cause injury?
Milberg Weiss and The 'Nigerian Barge' Case
August 30, 2006
The recent indictment of the securities class-action powerhouse Milberg Weiss Bershad & Schulman and two of its named partners has been the topic of much recent discussion, centering on the law firm's notable refusal to waive the attorney-client privilege during the government investigation, which likely contributed to the government's decision to indict the firm. But the indictment is also notable as the latest high-profile use of the federal mail and wire fraud statutes to combat private-sector corruption.
What Jurors Think Of American Corporations ' And What You Can Do About It
August 01, 2006
These are challenging times for those of us who represent and defend corporations in litigation. The recent criminal convictions of Enron's Ken Lay and Jeffrey Skilling only confirm what we have known for quite some time ' jurors are skeptical of, and even hostile toward, corporations and corporate executives. '
Increased Scrutiny of Pharmaceutical Company Clinical Trials: The Defense Perspective
August 01, 2006
In recent large-scale pharmaceutical litigation, plaintiffs' counsel have concentrated significant resources seeking the details of how individual patients in pre- and post-marketing company clinical trials were assessed, characterized, and reported to the Food and Drug Administration ('FDA'). The reason is clear: They are seeking to develop (in the author's opinion unfairly) a story that the pharmaceutical company hid risks and overstated benefits. The efficacy and safety data generated by industry-sponsored studies, and the manner in which the data are analyzed and reported, have therefore become the focus of large-scale pharmaceutical litigation.
Divorce Law and the Same-Sex Marriage Debate
August 01, 2006
As the debate over the legal status of same-sex relationships has percolated over the last several years ' fueled in part by a wave of recent judicial decisions and statutes extending comprehensive rights to lesbian and gay couples in Vermont, Connecticut, The state's highest court ruled on July 6 in <i>Hernandez v. Robles</i>, 2006 NY Slip Op 5239, that the New York State Constitution does not compel recognition of marriages between members of the same sex. The court noted that whether such marriages should be recognized is a question to be addressed by the Legislature. (In February 2006, in <i>Samuels v. New York State Dept of Health</i>, 2006 N.Y. Slip Op. 01213, 2006 WL 346465 (3d Dept Feb. 16, 2006), the Third Department joined the First Department in holding that a ban on same-sex marriage does not violate the New York Constitution.) It is now up to the New York State Legislature to determine the future of same-sex marriages and correct the inequality that exists for these couples and their families. This two-part article discusses the many reasons supporting such action.
The World Wide Witness: The Internet As a Trial Witness
July 31, 2006
When Toysrus.com, Toys 'R' Us, Inc.'s Internet retail business, sued Amazon.com to end their Internet partnership for breach of contract, it faced a key strategic decision: Could it gamble on using its opponent's own Web site as a key trial witness? Toys 'R' Us had to prove to the court that Amazon was violating its exclusivity rights under their contract. The only way to effectively do this was to show the court, live, what was happening in real time on www.amazon.com.
Eight StepsToward Creating A Great Place To Work
July 31, 2006
Attorney attrition is expensive. Replacing departing colleagues means not only recruiting and hiring strong candidates, but also investing in training for the new hires. Cost estimates for replacing an associate are typically between 100% and 200% of one's annual salary. The soft costs may be even greater ' lost institutional knowledge and potential morale problems. And attorneys who leave with bad feelings about the firm can spread their ill will in the local legal community, or try to lure others to follow. A mass exodus, of course, can cripple a firm.
<b>Professional Development University: </b>Translating Professional Development into Business
July 31, 2006
Law firms are spending more money on professional development and hiring more staff to oversee this area than ever before. In addition to substantive skills programs for the many different practice areas, internal programs have expanded to include leadership and business-development curriculums, deal and case management training, presentation skills, business development and client relationship training.
The Bad News: You Have a 401(k) Plan
July 31, 2006
This article is intended by the author to comprise Part Four of Four in a series on lawyer retirement planning. Parts One and Two, 'What In the World Is Going on with Lawyer Retirement Planning?' were published in the November and December 2005 issues of LFP&B. Part Three, last month, examined the history of the 401(k) and why there are problems with the popular retirement vehicle. In this part, we find out how to make things better.
Checklist for a New Partner; or, the 12 Most Important Things for a New Partner to Do
July 31, 2006
The late Supreme Court Justice Harry Blackmun once said: 'A wedding is an event; a marriage is an achievement.' Much the same could be said about the attainment of ownership in your professional practice. Your ascension is an event; partnership is an achievement. And so the analogy goes that a law firm partnership is much like a marriage, and a breakup much like a divorce. Life repeats itself in business. But as newly minted partners settle into their new roles, this article provides guidance (some serious, some lighthearted) to begin what I hope will be a long and satisfying achievement ' a partnership. Congratulations.
