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The Legal Marketplace Branding Roundtable
Branding: Is it the legal marketplace buzzword for the twenty-first century or is there really something to all of this? On October 19th Law Journal Newsletters Marketing The Law Firm hosted a Roundtable in its offices in Philadelphia. We decided to give branding its due by bringing together a panel of experts: Burkey Belser is President and Creative Director of Greenfield Belser Ltd. with offices in Washington, D.C. and Boston; Dr. Mark Greene is the Managing Director of The Brand Research Company with offices in Washington, D.C. and Boston; Douglas C. Kramer is the Chief Marketing Officer of Drinker Biddle & Reath LLP, Philadelphia; and Edward M. Schechter is the Chief Marketing Officer of Duane Morris LLP, Philadelphia.
Branding: Enhancing Successful Legal Marketing
The efficacy of branding law firms has been a topic of considerable debate. At root, the discussion lays bare an interesting and fundamental question ' are law firms really something greater than the sum of their parts? On one level, any organization that isn't completely dysfunctional adds something to the individuals of which it is comprised. Getting from that simple human statement to branding, however, requires buy-in to another, related concept.
Ask the Coach
This month's question:<BR>We're an IP boutique. Many of our partners are in the enviable position of literally not being able to take on any more work. How can I keep them involved in our marketing effort?
What You Need to Know About Overtime Pay for 'White-Collar Employees'
The Fair Labor Standards Act (FLSA) exempts certain categories of "white-collar employees" from the overtime pay provisions of that statute. Unfortunately for employers, the correct application of those exemptions is difficult and often misunderstood. Even more unfortunate is that the consequences of even innocent mistakes can be extremely costly for employers. That situation has prompted demands for fundamental revisions of the regulations that the United States Department of Labor (DOL) promulgated decades ago to provide criteria for exempting white-collar employees from mandatory overtime pay. Regrettably, that sorely-needed reform appears to be hopelessly ensnarled in politics as the parties position themselves for next year's national election. This article will examine both the proposed changes to these regulations and what employers can do to help protect themselves until change is effectuated.
Protect Your Insurance
Whether in bankruptcy or in liquidation, trustees or liquidators of insolvent corporations look for available sources of cash to pay creditors. Unfortunately for in-house or outside attorneys representing such corporations, director and officer liability policies or professional malpractice policies are identified early on as possible sources of funds for insolvent companies. This article discusses the theories that are typically brought in these cases, and suggests ways to avoid or defend such claims in the future.
Is Your IP Worth Protecting?
Corporate counsel often relay their client's concerns about the importance of zealously protecting their company's Intellectual Property (IP), but do these clients appreciate what that entails or appreciate some of the pitfalls? Consider a few questions: If your company creates something, does it own it? If it owns it, is it protectable and, if protectable, what is the cost to fully protect it? Where should it be protected? Does it have commercial value? The purpose here is to raise the issues that address these questions and which will provide counsel some of the information needed to take a more measured approach when considering their company's IP.
Hotline
Recent developments of interest to corporate counsel.
You Need Forensic Technology!
It is almost inconceivable that in late 2003, bankruptcy trustees are conducting financial investigations without the benefit of this expertise. How can any trustee investigate the debtor and uncover assets, accounting and bankruptcy fraud without initiating a digital forensic accounting examination?
The Bankruptcy Hotline
Recent rulings of importance to you and your practice.
Deepening Insolvency Trend Expands to Delaware
Spurred on by the current economic downturn, the use and acceptance of deepening insolvency as a cause of action in the bankruptcy arena continues to become more established and recognized. The Third Circuit already aided this development by recognizing deepening insolvency as a cause of action under Pennsylvania law in <i>Official Committee of Unsecured Creditors v. R.F. Lafferty &amp; Co., Inc.</i>, 267 F.3d 340 (3d Cir. 2001). Now, the Delaware Bankruptcy Court in <i>In re Exide Technologies, Inc.</i>, 2003 WL 22079513 (August 21, 2003) has recognized deepening insolvency &mdash; this time as a valid cause of action under Delaware law &mdash; in a lawsuit by an unsecured creditors committee against lenders of a bankrupt company.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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