Electronic Document Coding Comes of Age
July 30, 2004
Over the last few years, the legal-support services industry has been inundated by increased demand for electronic discovery and electronic processing of litigation documents, many of which need some type of coding that will allow them to be searched for in and retrieved from automated litigation support (ALS) databases. <br>Fortunately, advances in technology have produced significant cost-efficiency and workflow improvements make coding a sensible choice for much smaller document collections, whether paper or electronic.
ExpertSourcing: An Effective Approach To Technology Problem Solving
July 30, 2004
Most law firms, regardless of size, have to outsource technology projects to consultants who have capabilities that the firm does not carry in-house. The smaller firms that do not retain a large IT staff must take this approach more often. Fortunately, outsourcing technology support can evolve into a more valuable model for working with outside consultants: "expertSourcing." When a law firm hires a company to assist on a technology project, generally they are bringing in technicians who will execute it within the narrow boundaries of the scope. The consultants may not ask, or even know to ask, crucial questions about how the technology fits into the law firm practice, how it facilitates other firm needs or if a better solution is available.
Web Sites And Widgets
July 30, 2004
Businesses of all sizes and types should not buy Web sites like a commodity. <br>Though it's true that many smaller firms have Web sites, good site design and coding require too much skill and creativity to risk using the lowest-cost provider. <br>Instead, a successful Web-site development contract requires business oversight by the proper personnel ' a team of them ' just as the negotiation of a joint venture or other complex deal does.
Unique Settlement Ruling in Smart World Case
July 29, 2004
It is the uncommon occasion when creditors seek the Bankruptcy Court's assistance to impose a settlement that compromises the debtor's asserted rights to recovery against third parties. While settlements are typically preferable to the debtor's engagement in contested and costly litigation, it is a challenge to convince a court to compromise a debtor's asserted claims. In a recent case in the United States Bankruptcy Court for the Southern District of New York, a settlement was negotiated and ultimately approved by the Bankruptcy Court over the vigorous objection of the debtors-in-possession (the "Debtors"), resolving a hotly contested adversary proceeding and third party claims.
Rogue Online Drugstores
July 29, 2004
In last month's newsletter, we looked at the problems posed by online pharmaceutical distributors that do not follow good pharmacy practice. These "rogue" pharmaceutical sites may be buying expired, substandard, contaminated or counterfeited products. Some sell without requiring customers to present prescriptions. The consumer may not be receiving proper medical oversight, which can result in administration of incorrect dosages, wrong or contraindicated drugs, or medication without adequate directions for use. These activities risk the reputations of pharmaceutical manufacturers and put them in greater peril of being sued by consumers whose adverse medical reactions could have been avoided. So, what can be done about it? Part Two of a Two-Part Article.
Clinical Trial Transparency
July 29, 2004
There's a newly urgent push from outside the pharmaceutical research and development community to get drug firms to disclose the results of all tests conducted on new drugs, even those that don't lead to the marketing of new medications.
'Use Clauses' and the Bankruptcy Code: A Cautionary Tale
July 29, 2004
The recent Chapter 11 bankruptcy of Trak Auto Corporation ("Trak Auto"), the retail auto parts chain, has yielded a reported decision of the U.S. Fourth Circuit Court of Appeals that offers some insights for landlords on how "use clauses" in leases will be put under the bankruptcy microscope. <i>In re Trak Auto Corporation</i>, 42 B.R. 255 (4th Cir. 2004).
Defining 'Spousal' Benefits
July 27, 2004
Recent moves by various cities, states, and municipalities to legalize or ban same-sex marriage have generated a flood of press, but little concrete advice as to the potential implications of these laws and related court rulings. The dearth of specific and actionable analysis of the implications of these shifts in the law places law firms, as well as most large enterprises, at a competitive disadvantage by forcing them to react as these laws change. This issue is an especially pressing one for large law firms with offices in many states because the definition of "spouse," and thus the availability of "spousal" benefits, may differ in diverse localities.
Practice Groups Lead To Better Management
July 27, 2004
The evolution of law firm management has been slow and deliberate, usually built around established business management models. For most firms, the model is flat: A few senior-level administrative managers work closely with the partnership's executive management and make most of the decisions. But recently, several firms have adopted a new management model: practice group administrators.