Vioxx Multidistrict Litigation Judge Profile: A Closer Look at the Odds
June 14, 2005
Statistical analysis of federal litigation provides a unique insight into particular judges involved in a case, including information on the probable timing/outcomes of cases, and what significant motions are generally granted or denied before a federal judge. Answers are based on verifiable facts, rather than anecdotal assumptions, and provide interested parties with more accurate data.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Important Implications for the Equipment Leasing Industry
June 07, 2005
On April 20, 2005, President Bush signed The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 into law (the "Act"). Although the Act has received much media attention in recent months for its potential impact upon consumers seeking protection under Chapter 7 of the Bankruptcy Code (the "Code"), it does contain a number of amendments to the Code that will affect, either directly or indirectly, the ways in which equipment lessors will relate to their liquidating or reorganizing lessees. This article provides a brief overview of some of the new amendments to the Code and explains how they will change the dynamics between lessors and lessees.
New HSR Rules for Transactions Involving Partnerships and LLCs
June 01, 2005
Forget what you know about the Hart-Scott-Rodino Antitrust Improvements Act (HSR) and partnerships. Forget what you know about HSR and LLCs. The rules have changed ' again. The good news is that the rules make more sense, and certain exemptions to the filing requirements have been codified or expanded. The bad news is that a small number of deals that used to slide under the HSR radar may now be caught. More strategically speaking, the rules now provide more opportunities to "choose" whether your next joint venture will be subjected to substantive agency review under the HSR scheme, heightening the value of HSR counselors' advice on structure issues at early planning stages.
Covenants Not To Compete: For Everyone At The Firm Except Attorneys?
May 31, 2005
A covenant not to compete is an increasingly popular device employers use to bind employees not to work for, or as, a direct competitor. Such covenants are most often found in employment contracts, but they can also be a separate document, signed by the employee at hiring, during employment, or upon leaving. However, in many states, a covenant not to compete cannot stand alone as a binding agreement, but must be ancillary to an employment or other type of contract that provides some benefit to the employee. <br>While covenants not to compete may be used by employers in certain court-delineated circumstances, ethical rules specifically bar the application of such restrictive covenants to attorneys.
Product Review Using Ringtail CaseBook to Manage Complex Litigation
May 31, 2005
Bryan Cave LLP is an 800-lawyer firm with litigators in eight U.S. cities and London. In 2002, the firm asked me to evaluate our litigation technology and litigation support services. For better or worse, we had neither budget nor staff during the first 9 months. While we could not affect any immediate change, this was the ideal opportunity to do a needs assessment, survey the available technology, evaluate the trends in the market, and ultimately plan and budget for implementation.
New Frontiers for Baker Donelson's KM
May 31, 2005
So much has been written about knowledge management in the past 10 years and so many products purporting to enable knowledge management have been pushed on the legal community, that I am not sure that the term is relevant anymore. However, I have always thought some of the main tenets of KM make a lot of sense.<br>An exciting project that we are rolling out at Baker Donelson starting this month conforms to those main tenets of KM.
Building and Sustaining a Marketing and Sales Culture at Your Law Firm
May 27, 2005
Getting lawyers and law firms do things differently is not an easy task and instilling a marketing mindset among lawyers is a major effort for most firms, resembling the proverbial challenge of "herding cats." <br>However, the most profitable firms are moving closer to a corporate model of governance, with institutional goals, strong leadership and streamlined governance. They are also starting to embrace marketing, recognizing the need to get closer to existing clients and invest time and resources on focused, proactive strategies to go after new ones.
We Should Get Together More
May 27, 2005
There's a marketing concept out there that many law firms have just recently stumbled upon, one that most other types of industries have known well for decades ' return on investment, or ROI. As firms become more sophisticated in marketing, as budgets for marketing increase, and as competition becomes more fierce, firms are beginning to demand that their marketing dollars they spend produce results. <br>Nowhere is the concept of ROI more easily implemented, tracked, and realized than in the area of Internet marketing, through the use of Web sites and the search engines that locate them.
Scripting the Client Experience: How To Really Differentiate Yourself
May 27, 2005
I'm always coming across articles and books by marketing gurus about how you must differentiate yourself from your competition. Their writing is usually peppered with advice on how to "position" yourself and "brand" your practice. And many attorneys spend a lot of time, energy, and money trying to convince potential clients that they are somehow different (read: better) than others who provide the same service. <br>It's a fool's errand, and I'll tell you why.
