LIBOR and Bankruptcy in the Current Market
June 26, 2008
Distressed companies and those in bankruptcy nearly always require some amount of loans to fund their recovery, exit from bankruptcy, or sale. What happens when those loans are not available, too expensive, or too risky in the eyes of the capital market? Combine that with volatility in The London Interbank Offer Rate, 'LIBOR,' the rate at which money is lent to other banks, and the terms, in particular, interest rates, that are offered to these distressed borrowers, are constantly in change.
Can Software Be a Service?
June 26, 2008
You're probably tired of hearing the phrase 'think outside the box,' but that's an accurate characterization of 'software-as-a-service' ('SaaS'). The 'box' is the computer that sits on your desk; and SaaS is an innovative way to deliver software applications to that computer over the Internet.
Deal Season 2008: Outlook for Transaction Support Services
June 26, 2008
Many global firms that provide transaction support services for law firms are exceedingly worried about the 2008 deal season. But is the anecdotal evidence of a drying pipeline true? A quick look at the data suggests that law and accounting firms are right to be worried about a decreased deal flow, with only a few highlights in sight.
Implementing an Alternative Billing Program
June 26, 2008
Corporate counsel are exercising increased bargaining power about fees and terms of employment of outside law firms. Law firms can no longer ignore the competition of the marketplace when establishing billing rates and fees. Several variations and combinations of three basic billing systems, hourly billing, fixed fee billing and contingent fee billing, follow.
INVISIBLE MARKETING II.
June 24, 2008
INVISIBLE MARKETING II. Last column we startged discussing "permission marketing" by recognizing opportunities given to you by clients and prospects for future client generation. This time we will add two more business development openings. "WHAT'S NEW?", when asked by a past contact or by a good client, opens the way to talk about: * A recent firm success * An highly regarded article written by a colleague * Or asking if they have heard about a…
INVISIBLE MARKETING I.
June 09, 2008
INVISIBLE MARKETING I. is a comcept requiring a sharp eye and ear. It is a component of "permission marketing" where a client or prospect provide you with an opportunity to sell to them. For example, we all know that great work and referrals are the 2 best sources of future business development. But complaints, yes complaints, are another great source of business by building a strong relationship. If a client calls with a problem in…
Helping Associates Build Marketing Skills
May 29, 2008
The first priority of a young lawyer is to develop knowledge and skills as a lawyer, but there are actions you can take as a partner to help guide associates in the right direction for preliminary client development activities. New clients take time to ripen, but the seeds need to be planted early and watered often. The following are some things you can do to place associates on the right path.
Making It Run Isn't Running It
May 29, 2008
It's not uncommon for many partners in charge of marketing to insist on designing the marketing program, and directing the marketing manager to execute it. In too many firms, reasonably high-paid and experienced marketing professionals are directed by marketing partners with no marketing skills, no marketing experience, and no foundation for their projects. This is not only disastrous, but also expensive and wasteful.
Fifth Circuit Affirms Lanham Act and Antitrust Judgment for Franchisor
May 29, 2008
In <i>Schlotzsky's Ltd. v. Sterling Purchasing and National Dist-ribution Co., Inc. ("Sterling")</i>, 502 F.3d 393 (5th Cir. 2008), the Fifth Circuit reinforced the tough standard for proving an antitrust tying claim against a franchisor and clarified the broad scope of the Lanham Act's unfair competition provision. The decision is important for franchisors defending claims of market power.
IFA Legal Symposium Tackles Wide Range of Issues
May 29, 2008
Rarely has the International Franchise Association ('IFA') Legal Symposium, come at a busier time for the franchise industry, as a wide range of legal and business issues are generating change at a rapid rate. The conference, which was held on May 12-13 in Washington, DC, addressed everything from green business practices to new disclosure regulations, and the protection of marks on the Internet to states' efforts to expand their ability to tax franchise activity.
