Bell Atlantic v. Twombly and Its Aftermath
January 29, 2008
One of the most important decisions that corporate counsel must make in any case is whether to file a motion to dismiss. While a motion can put an early end to the case, it can also prompt a judge to make damaging pronouncements about the law, without the benefit of a fully developed factual record.
Should Auld e-Commerce Be Forgot?
January 29, 2008
For many, 2008 began with the timeless strains of 'Should auld acquaintance be forgot.' But for e-commerce practitioners, there's no time for celebrating: The pace of change is constant. Information is out of date almost as soon as it has been published, as new technology may in itself, and certainly will help, competitors race to unseat those who came before. In that spirit, then, let's look back over some of the subjects that have recently appeared on these pages, to see how the law and business of e-commerce have developed since we first wrote about them.
Majority Voting in Director Elections
January 29, 2008
Majority voting for the election of directors has been transformed from a fringe concept to the prevailing election standard among large public companies in the brief span of three years, as demonstrated by the November 2007 edition of the <i>Study of Majority Voting in Director Elections</i>. Statistics and examples drawn from the Study underscore that majority voting has become a relatively mature, as well as widespread, movement.
2007 ABA Tech Report: The 2007 ABA Legal Technology Survey
January 28, 2008
In 2007, the American Bar Association's Legal Technology Resource Center surveyed its lawyer members in private practice on their use of technology in the practice of law, and released its findings in the American Bar Association's 2007 Legal Technology Survey Report. What law office and mobile technologies are lawyers using to power their law practices? Are lawyers going paperless? Are they hopping on the Web 2.0 bandwagon? This article examines data from the survey to help answer these questions.
WHAT DOES WORK IN THE RED ZONE III.
January 28, 2008
WHAT WORKS IN THE RED ZONE III. I have often heard corporate counsel say that they hate surprises from their outside counsel. And surveys of corporate counsel always rank communication from their law firms as an important factor in maintaining strong, working relationships. A simple technique, often overlooked by outside lawyers heavily engaged in a project, is to set periodic meetings with their clients. Don't wait for them to ask questions or confront problems in…
Getting Smart About Analyzing Electronically Stored Information
January 28, 2008
Not long ago, the pain of analyzing electronically stored information (ESI) for legal e-discovery, regulatory inquiries, and corporate investigations was hardly a blip on the radar screen. Fast forward to 2007, where e-discovery and its concomitant analysis has become a major component of any discovery request. This article takes a step back to evaluate whether efforts to streamline the analysis of ESI data have been effectively applied. My sense is that although the times have changed and methods of communication (Blackberrys, instant messaging, etc.) have become unquestionably more sophisticated, the e-discovery process has stagnated. The legal industry as a whole has been slow to keep up with change. As a result, it's getting harder to justify the cost and time that goes into the antiquated process many have grown accustomed to using.
The IT Utility for Law Firms
January 28, 2008
Over the past five years, the concept of an IT Utility for law firms has evolved from an interesting concept to an attractive business strategy. Growth of the IT Utility (off-premise IT services such as Co-location and Managed Services) is fueled by the confluence of increased interest by law firms in outsourcing routine administrative functions with rapidly maturing enabling technology such as security tools and services, affordable high bandwidth data communications, and management tools for large scale data centers. The IT Utility is part of a new model for managing technology infrastructure at law firms.
<b>Practice Tip</b>Going Native: Using Word 2007 With Enhanced Native Architecture
January 28, 2008
With the introduction of Microsoft Office 2007, many firms are reviewing their template and macro packages for Word before they upgrade. Since the look and feel of Word '07 is so different, the migration is a significant upgrade and new training is needed. Now is a good time to review the integrated products, discover what is available natively in Word, and make a change if necessary.
WHAT DOES WORK IN THE RED ZONE II.
January 18, 2008
WHAT DOES WORK IN THE RED ZONE II. This second in a series will focus on tactics to enhance client relationships leading to future business development for your law firm. One of the highest compliments you can pay to your client is to refer business to them. From a law firm marketing point of view, this may be the second best technique to generate expanded engagements, the first being to perform the highest quality of…
WHAT DID NOT WORK IN THE RED ZONE IV.
January 03, 2008
WHAT DID NOT WORK IN THE RED ZONE IV? Attorneys who market and sell services must consider a wider range of sales considerations than typically brought to the table. Following are more examples of what I have heard counsel discuss in this fourth and last in a series about law firm business development presentations. 1. Do not surprise your client with late breaking information. 2. In your own meetings, how often have you observed people using…
