Your Future: Is There A Merger There? Are You Going To Follow The Lemmings Or Set Your Own Course?
January 28, 2005
A recent article in the <i>National Law Journal</i> piqued my attention. It hit on a point that many middle market firms must consider too often. The article in the Jan. 10, 2005 issue is titled "Mergers? Not Here Thanks." Many firms not listed as mega-firms are asking the same questions ' should we take an offer to merge with a larger firm? Here are some questions every partner and firm should ask before considering combining with any other firm.
'Get The Coach On The Phone!'
January 28, 2005
No part of a legal education teaches attorneys how to supervise support staff, or their fellow attorneys. The future of any law firm is highly dependent upon a firm's ability to attract, hire, train, and retain the best talent. One of the primary reasons that attorneys leave their places of employment is an unsatisfactory relationship between the lawyer and his or her supervisor. How many of us have watched senior attorneys hold on to aspects of their work that would offer a junior person a great opportunity for development? <br>Coaching can help attorney supervisors assess and evaluate their supervisory style, to determine how to fill voids in their employment management education, to encourage better results from their associates, and to create working teams that best meet clients' needs.
Reducing Law Firm Overhead Costs
January 28, 2005
A law firm management's primary focus, like most professional service firms, is new business, billing a high percentage of partners' and associates' time and, of course, collecting a high percentage of billings. Under pressure to increase revenues and grow the bottom line, executives often overlook smaller firm overheads such as office supplies and related items, printing, stationery, overnight delivery, telecom and copiers. <br>The truth is that management just does not have the time or resources to regularly review expenses and reduce these costs. Selecting a professional firm to perform the cost reduction work most often represents the best solution.
'Insourcing' HR Gives Law Firms Extra Services
January 28, 2005
Employee health benefits were the number one reason Louis Reisman, managing director of Los Angeles-based Weinstock, Manion, Reisman, Shore & Neumann, began investigating the concept of Professional Employer Organizations (PEOs). That was back in 1987. Now almost 20 years later, the decision to utilize a PEO continues to be among the best he has made for his firm.
Myths About Avoiding Prosecution History Estoppel
January 28, 2005
In the recent Federal Circuit case <i>Honeywell, Int'l. Inc. v. Hamilton Sundstrand Corp.</i>, 370 F.3d 1131 (Fed. Cir. 2004) (en banc), the court held that a presumption of prosecution history estoppel arises when a patent applicant cancels an independent claim and rewrites its first dependent claim in independent form. Since then, patent attorneys and industry watchdogs have repeatedly misinterpreted the cause of this estoppel. Worse, many have advocated the dangerous strategy of initially writing dependent claims in independent form as a means of avoiding the estoppel. Such a strategy is useless in avoiding estoppel and highly counterproductive. Patent prosecutors should leave dependent claims in dependent form and, instead, avoid estoppel by using the strategies suggested below.
<b>Commentary:</b> Speed Passage Of The Telecommuter Tax Fairness Act
January 28, 2005
Now that the 109th session of Congress is well under way, passing The Telecommuter Tax Fairness Act must be a top priority for legislators. This proposed legislation would prohibit states from imposing a punitive tax on nonresidents who choose to telecommute some or most of the time to in-state employers. By proscribing such a tax, the law would remove a significant obstacle to the continued growth of an important form of e-commerce: interstate telework.
New Tax Rules May Affect Payments To Retiring Partners
January 27, 2005
One of the most important provisions of the American Jobs Creation Act of 2004 establishes a new regime for taxing deferred compensation. Newly created Section 409A of the Internal Revenue Code likely will affect every arrangement now in place or hereafter adopted that promises the payment of deferred compensation to current and former employees, directors and other service providers. Such an arrangement may well include a partnership's unfunded retirement program for its partners.
Book Review: <i>The First Myth of Legal Management Is That It Exists</i>
January 27, 2005
Written by our new Board of Editors member, Ed Wesemann, and published in 2004 ' with profits donated to the ALA ' this collection of skillfully crafted essays provides illuminating observations and pithy advice on a wide range of challenges facing law firms and lawyers. The book's first chapter, on profitability problems larger firms have with small clients, was the springboard for this month's roundtable discussion
High Court OKs Double Tax on Some Contingent Fees
January 27, 2005
In a pair of cases with potential pocketbook impact on lawyers and their clients, the Supreme Court ruled on January 24th that the contingent fee portion of lawsuit settlements and awards is taxable to the client, even if the money goes directly to the attorney. But initial reaction to the 8-0 decision was more muted than expected because a law passed by Congress last fall limits the ruling's implications, and the decision won't doom the contingent fee system, which fuels a broad range of private litigation.
Significant Changes in Delaware Business Laws
January 26, 2005
Effective July 1, 2004, the Delaware General Assembly adopted significant amendments to the Delaware General Corporation Law, the Delaware Limited Liability Company Act, and the Delaware Revised Uniform Limited Partnership Act as part of its periodic amendments to these Acts for the purpose of keeping them current and maintaining their preeminence among U.S. business laws. <br>This article summarizes the most pertinent of those changes.
