A Haven For Straight Talk: <b>Bad Surveys Are Worse Than No Surveys</b>
October 01, 2004
Marketing measurements generally come in two flavors; quantitative and qualitative. We'll talk next month about some quantitative measurements relative to marketing at your firm. This month, though, we'll discuss the ever-popular survey. On a scale of 1-7, how likely are you to read the rest of this article?
Note from the Editor
October 01, 2004
Each October we devote most of our content to public relations. This month we are once again spotlighting the work of Levick Strategic Communications and…
Improve Professional Development: Conduct A Formal Associate Program Evaluation
October 01, 2004
Gone are the days of the Internet chat rooms for disgruntled associates. Gone are the multitude of public surveys where law firms learned, only after survey publication, how poorly associates rated their firms in terms of professional satisfaction. <br>These days, associates are less vocal about their dissatisfaction with their firms and the opportunities afforded them for professional development. Nonetheless, associates are still on the move, and firms continue to struggle to find effective ways to retain them. <br>Firms have made significant investments in improving their associate programs, including hiring Professional Development Administrators. Now, rather than ignoring issues related to professional development and satisfaction, firms are evaluating all aspects of their associate programs. They no longer want to leave the surveying to someone else.
The Mutual Fund Scandals: What's A Plan Sponsor To Do?
October 01, 2004
There is an industry-wide epidemic amongst mutual funds of both insider trading and market timing to the diminution of the ordinary stakeholder, including defined contribution plan account balances. Late trading is the clearly illegal practice of placing orders after the day's close at 4 p.m., and market timing is the disruptive (but not necessarily illegal) practice of trading quickly in-and-out of a fund. <br>This article is intended to assist plan fiduciaries (<i>eg</i>, law firms sponsors of pension plans and law firm clients) regarding how to behave in a fiduciarily appropriate manner.
Around The Firms
October 01, 2004
Movement among major law firms and corporations.
Does Your Corporate Governance Rate?
September 30, 2004
Why are companies and their boards, more than ever, aiming to assure investors of their commitment to best corporate governance practices? Significant new mandates by the SEC and stock exchanges regarding disclosure, governance, and accounting procedures are the legacy of Tyco, Enron, WorldCom, etc. Also, corporate governance issues have become matters of regular media reports and new publications focused on governance. Once passive institutional and retail shareholders have become increasingly vocal and successful on shareholder ballots. There is also an increasing amount of empirical data to support the position that better governance correlates to better shareholder value.
Ethics and Compliance Programs
September 30, 2004
A recurrent task facing Managers of Ethics and Compliance programs is to make sure their programs are effective -- and demonstrate this effectiveness to both internal and external audiences.
Special Issue: Securities Enforcement Actions After SOX
September 30, 2004
The Securities and Exchange Commission (SEC) was created by Congress in the aftermath of the 1929 stock market crash, the cause of which was widely attributed to fraudulent and deceptive practices on Wall Street. It is an independent regulatory agency whose five commissioners, including a Chairman, are appointed by the President. The SEC's Division of Enforcement is the "police force" of the Commission; it is responsible for the civil and administrative enforcement of the various federal securities laws. The Enforcement Division also typically works closely with U.S. Attorney's Offices throughout the country to assist with the criminal prosecution of securities violations.
Introduction
September 30, 2004
Special Issue: As we all know, as a result of widespread accounting scandals in 2001-02, Congress passed the Sarbanes-Oxley Act of 2002, Pub. L. No. 107-204, 116 Stat. 769 (2002) (SOX). SOX, signed into law on July 30, 2002, authorizes substantially increased funding for the United States Securities and Exchange Commission, creates broad new SEC enforcement powers, a greater range and magnitude of civil and criminal penalties, several new criminal prohibitions and more rigorous reporting requirements among other things.
The Cost of Cooperation
September 30, 2004
Cooperation with government investigators has long been important for companies under the specter of an investigation. Under current agency policies and practices of the Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ), and relevant provisions of the Sentencing Guidelines for Organizational Offenders, a "cooperative" corporation can realize substantial reductions in penalties or even avoid an enforcement action altogether. Seaboard Corporation in 2001 and HomeStore, Inc. in 2002 are excellent examples -- both were able to avoid SEC enforcement actions because of the extent and nature of their cooperation with investigators. The multi-million dollar question is what will be defined as "cooperation."
