Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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Mixed Messages from Justice
March 01, 2004
The very public prosecution of Arthur Anderson LLP demonstrated the willingness of the Department of Justice (DOJ) to bring criminal charges against organizations no matter how large and prominent or how severe the collateral consequences. Under the doctrine of respondeat superior, moreover, the government has breathtakingly broad power to convict an organization based solely on misconduct by even just one employee. So, the reality is that corporate counsel must assess the potential criminal exposure of the entire corporation in nearly every government investigation of an employee. Assessing exposure has, in recent years, involved the factors set forth in the Holder and Thompson memos (June 16, 1999 and Jan. 20, 2003) on the "Principles of Federal Prosecution of Business Organizations." Recent pronouncements by the DOJ, however, cast some doubt on the continued significance of the Thompson Memo and have made it harder to assess a corporation's criminal exposure.
Can Law Firm Partners Sue the Firm for Employment Discrimination?
March 01, 2004
Part One of this article discussed why law firms are susceptible to discrimination suits by their partners ' especially large firms. It also covered the threshold requirements for law firm partners to do so. In Part Two, the authors examine case law on determining whether a partner is an "employee" and how a firm's size and type of ownership can affect a partner's ability to sue for employment discrimination.
Assimilating Lawyers
March 01, 2004
w firms are growing again through laterals and associate hires, but many of the laterals are creating "pods" which bring unique processes for delivering legal services, to the detriment of using the best experience in the firm and superior client service. While this is happening, there are major changes coming to the profession that will challenge the ability of the lawyers to train and transform young lawyers into strong contributors to the clients and the firm. At the same time, client loyalty is decreasing. When Ralph Nader wrote his book, "Unsafe at Any Speed," GM responded with denial. Now, lawyers are in denial as we focus on the changes required in the profession to simultaneously increase profits, lower legal costs to clients, and improve the quality of service. This article is provided to help lawyers overcome the old culture hurdle and get to higher profits and stronger client loyalty.
The Seven Deadly (Ethical) Sins
March 01, 2004
Law schools teach students the principles of legal ethics. Bar examiners test prospective attorneys on the rules of professional responsibility. But new associates, especially at big firms, typically are clueless when it comes to the practical implications of ethics rules upon their day-to-day lives. It is incumbent upon law firms to teach new associates about these practical implications. In the first place, law firms owe it to recent hires to teach them to act ethically and responsibly in their professional dealings ' just like firms try to teach new lawyers to become proficient writers and researchers. Moreover, a firm that fails to indoctrinate new lawyers on ethics issues risks serious harm to reputation, loss of business, and lawsuits arising from conflicts of interest and other ethical improprieties.
In the Spotlight : Review Entire Lease When Drafting an Extension
March 01, 2004
Extensions of lease terms are fairly simple documents to draft and review, but a thorough review of the existing lease is required by both parties in order to produce a lease amendment that fairly reflects the business deal.
The Leasing Hotline
March 01, 2004
Highlights of the latest commercial leasing cases from around the country.
Understanding the Federal Government's Enhanced-Use Leasing Opportunities
March 01, 2004
The federal government has been devising creative methods to enhance the value of one of its largest assets — its real estate holdings.
Shopping Center Remodeling and Expansion: Considerations and Drafting Points
March 01, 2004
In today's commercial real estate market, with new shopping centers being developed at a rapid pace, landlords and tenants in existing older shopping centers have to work diligently to stay competitive. A factor that should be considered by both parties to stay competitive includes the eventual need to remodel and/or expand the shopping center.
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