More from the Best of MLF 2006
December 28, 2006
In last month's issue, we covered the best of MLF from February to and including June 2006. In this issue, we will take a look back at July through November.
Offshore Outsourcing: Protecting Privacy A World Away
December 28, 2006
Business process outsourcing (BPO) to offshore service providers has become an integral part of the global economy ' and integrally 'e' ' finding particular success in the financial services, health care and IT industries.<br>Studies confirm that offshore BPO will not only continue to grow, but accelerate in the years to come. One study projects that by 2010, the world's 100 largest financial institutions will move $400 billion of their cost base offshore, saving an average of just under $1.5 billion annually each. <br>This explosive trend will continue to create economic, political, cultural and legal challenges for all types of companies dealing with personal data and the regulations that cover the collection, movement, storage and accessing of it ' in the United States and abroad. And, given the popularity of financial services and health care BPO, privacy concerns are certain to figure largely in these challenges. This article provides an overview of some of the legal and practical implications of BPO to offshore vendors.
Development
November 29, 2006
In-depth analysis of recent rulings.
The Second Annual MLF 50: The Top 50 Law Firms in Marketing and Communications
November 27, 2006
At the outset, let me congratulate the 50 firms that made this year's MLF 50. The fact that out of the hundreds of law firms with marketing programs, these 50 firms have attained the status of being considered the best programs in the country is a testament to the fabulous strides that law firm marketing, business development and media programs have achieved over the last year. There is good news here: Marketing is alive, well and prospering at many of the AmLaw 200 firms. This year, the MLF 50 showcases a wide range of firms and their marketing activities that can best be described by using a sports metaphor ' a full contact sport. The profession has come a long way in terms of sophistication, depth and creativity. In the following pages, you will see the power of marketing, business development and media and how can transform and strengthen a law firm ' and yes, make it more profitable. What is important to note is that many of these marketing activities were created as vehicles for pro bono and diversity initiatives. It should come as no surprise that doing good deeds for others and creating a diverse environment leads to prosperity.
Offshore Outsourcing: Protecting Privacy A World Away
November 17, 2006
Business Process Outsourcing ('BPO') to offshore service pro-viders has become an integral part of the global economy, finding particular success in the financial services, health care, and IT industries. To cite just a few examples, an estimated 400,000 American IRS tax returns were prepared in India last year, while as much as 30% of all medical transcription is now done overseas. Studies confirm that offshore BPO will not only continue to grow, but accelerate in the years to come. One study projects that by 2010, the world's 100 largest financial institutions will move $400 billion of their cost base offshore, saving an average of just under $1.5 billion annually each. The same survey also forecasts that by 2010 more than 20% of the financial industry's global cost base will have gone offshore.
China's World Trade Compliance
November 06, 2006
Board of Editors member, Prof. Usha Haley, spoke at the U.S.-China Economic and Security Review Commission Hearing on China's World Trade Compliance. In Part One, she addresses subsidies, their forms and complications. In Part Two, she covers how profitable and available those subsidies are and how profitable companies are that serve the China market.
Trademark Protection For Characters Outside Copyright
November 02, 2006
As the copyright terms of many iconic, character-based works of the 20th Century near closure, owners of these works face the question as to what extent they can enjoy exclusive rights in the characters they have created. Enterprising third parties raise the related question: Does the expiration of copyright mean these works and characters can be freely exploited? Once a copyright term lapses, an original work is said to pass into the public domain, available for all to freely copy and exploit. However, continued trademark protection for a character may delay or complicate the character's passage into the public domain. A careful analysis of fundamental principles of trademark and copyright law and relevant case law illuminate certain legal guideposts for navigating through the complexities of character protection.
Attorney Buy-In
October 31, 2006
'You need to get lawyer buy-in.' An oxymoron? You bet. If you have any doubts, read David Maister's 'The Trouble with Lawyers' (The American Lawyer, April 2006). Still, pretty much everyone on the firm's marketing staff will hear this refrain frequently. It's well meant, but it's also code for 'please don't expect me to take full responsibility for your hair-brained marketing idea.' Of course, this never happens at Womble Carlyle Sandridge & Rice, the progressive firm where I toil (right!), but I'm told it's fairly common at stodgy, traditional firms. <br>There are ways to tackle this challenge. Some are actually fun, if you allow yourself to plot imaginatively.
Blogging and the Workplace
October 30, 2006
Blogs can reach millions of readers long before the employer learns about a potentially worrisome posting. No laws specifically regulate blogging per se, and there's virtually no guiding case law. And so, employers must look elsewhere for guidance on balancing employees' interest in life away from work and ensuring that employees' blogging doesn't damage business interests; that elsewhere is a new destination on the company document roster: a blogging policy.
Lessons Learned: Issues Exposed in the Aftermath of the Hewlett-Packard Debacle
October 19, 2006
On Sept. 5, 2006, <i>Newsweek</i> published a story about Hewlett-Packard's Chairman Patricia Dunn's use of a private investigation firm to locate the source of leaks of confidential corporate information. As the story unfolded, the public learned the following: After confidential information appeared in news publications in 2005, certain officers and certain members of the board of directors of Hewlett-Packard ('HP') authorized the launch of two investigations, the first in 2005, and the next in 2006, to locate the source of the information leaks. The basis for the investigations was that the information leaked to the press was known only to board members. Certain officers and directors collectively comprised the 'HP investigation team' in the secret investigation of the leaks to the media. In devising its plan, the HP investigation team sought the assistance of a top investigator, Ron DeLia, head of Security OutSourcing Solutions, Inc. ('SOS'), with whom Hewlett-Packard previously had worked on unrelated matters. DeLia allegedly encouraged the HP investigation team to use pretexting or 'social engineering' to obtain private cell phone and phone records of certain targeted individuals, among other things.
