Why Are These Law Firms Smiling?
October 02, 2003
Savvy law firms smile as clients cut their roster of law firms, chuckle as others feel rate pressure and delight in offering new services and advice to their clients. Client research lies at the core of their success.
The Contingent Workforce: Employer Expectations and Legal Realities
October 02, 2003
Part 1 of 2. It has become common in the legal field for law firms to rely upon the so-called 'contingent workforce,' but even law firms need to be aware of the potential problems that can arise in utilizing 'contingent workers.' The contingent workforce provides a convenient mechanism for employers to fill essential personnel needs quickly, while not (they assume) increasing the ranks of the regular employee population or placing themselves at legal risk under employment laws.
Beware The Temptations of Short-Term Thinking
October 02, 2003
I recently had a discussion with a client about the issue of firms backing away from supporting practices that were hot and now are in the doldrums but are likely to bounce back. He had been vigorously sought after as an information technology and corporate lawyer just a few years ago. Since technology is not bound to disappear from or be less important in our lives, these areas of practice can be predicted to have a sunny future.
Employee Giving In An Age Of Skepticism
October 02, 2003
'Creative' accounting practices ' bigwigs who duplicitously line their own pockets at the expense of workers ' financial mismanagement that leads to reams of bad publicity. If this list sounds like snippets from news stories about corporate scandals a la Enron, think again. It actually refers to public impressions of the charity scandals that have sprung up like dandelions in the past couple of years. And yet, the wave of skepticism that now faces nonprofits feels an awful lot like that generated by their for-profit brethren. So if you're a law firm wishing to institute a workplace giving or volunteering program, what's the solution?
HIPAA Health Data Privacy Rules: Final Regs Issued
October 02, 2003
The Department of Health and Human Services issued final regulations under the Health Insurance Portability and Accountability Act (HIPAA) protecting the privacy of individually identifiable health records. The regulations are intended to ensure the security of medical records and other personal health information maintained by health care providers, hospitals, health plans, health insurers, and health care clearinghouses. Most health plans are required to be in compliance with the new rules as of April 14, 2003 (small plans have an extra year).
AROUND THE FIRMS
October 02, 2003
Former Attorney Cannot Sue Counsel Who Takes Over a Case. US District Judge Berle M. Schiller of the Eastern District of Pennsylvania presented a seven-page opinion declaring that because a lawyer's withdrawal from a case severs the attorney-client relationship, an attorney who then assumes the case and obtains a settlement cannot be subjected to a lawsuit for part of the fee; nor can the new attorney be sued for intervention in the former lawyer's relationship. Frederick v. Davitt, No. 02-8263. Also, after discovering their contingent fee agreement's ubiquitously worded arbitration clause, which called for any fee debate's mediation, Judge Schiller dismissed the former attorneys' claims against the client.
Time to Reflect and Plan
October 02, 2003
Management teams in law firms have a big job ahead. Namely, staying ahead of the competition, providing value added to clients, identifying team leaders and providing appropriate training for those leaders, assessing current service offerings and building differentiation into those offerings. In sum, there is a lot on management teams' plates, to say the least.
Partner Evaluations Improve Firm Performance
October 02, 2003
Associates and partners have different attitudes about certain things. One is regarding evaluations. Associates generally want feedback and evaluations on their work and performance. In fact, they usually complain if they are not receiving them. On the other hand, partners in many firms resist or even resent being evaluated, although it's often the initial step in determining a partner's compensation.
IP NEWS
October 02, 2003
Highlights of the latest intellectual property cases from around the country.
Supreme Court Expands Patent Jurisdiction
October 02, 2003
The U.S. Supreme Court recently issued a decision that will have a significant impact on the uniformity of patent law. As a result of <i>Holmes v. Vornado</i>, 535 U.S. 826, 122 S. Ct. 1889, 62 USPQ2d 1801 (2002), many cases involving patent counterclaims will be directed away from the Federal Circuit and into the regional circuit courts of appeals. Although this decision clarifies the jurisdiction of the Federal Circuit, it does so at the expense of consistency in patent law.
