The FDA's Role in Product Liability Litigation
September 01, 2003
Aside from promulgating regulations, imposing rigorous standards on myriad product manufacturers, and conducting research and studies on all such products, the FDA also takes an active role in participating in an array of product liability litigations both on the state and federal levels. Often, the FDA's position and "expertise" on an issue carry great weight with the courts and consequently can affect the outcome of litigation. Thus, defense counsel involved in product liability matters in which the FDA historically has had an interest should keep abreast of the FDA's positions on the relevant issues.
Going for Broker: Recent Developments in Insurance Broker Liability
September 01, 2003
Brokers long have had certain duties toward policyholders, including the duty to use reasonable skill and care in procuring insurance. Procuring appropriate coverage can be a daunting task for applicants unfamiliar with the intricacies of insurance. The myriad types of policies available and the differing coverages they contain present numerous pitfalls for the unwary. Many companies, even those with risk managers, rely upon brokers to select policy types and carriers, and to notify carriers of losses. Given policyholders' reliance on brokers, there is a standard of care brokers must meet.
Are Law Firm 'Partners' Really 'Employees'?
August 28, 2003
Law firm management often assumes that some attorneys, such as partners, shareholders and of counsels, are not covered by various civil rights statutes, <i>eg</i>, the Age Discrimination in Employment Act (ADEA) and the Americans With Disabilities Act (ADA). As firms which have been sued by such attorneys or which have faced broad Equal Employment Opportunity Commission (EEOC) investigations have learned, however, such assumptions are often not well founded.
Should You Take the Case?
August 27, 2003
As the federal government and more and more states move toward capping non-economic damages in medical-malpractice actions, actual economic damages take on a new importance: Will economic damages by themselves, absent a large award for pain and suffering, justify taking a case that may cost $100,000 or more to present?
On the Job: In Large Marketing Operations, Think Small
August 26, 2003
Whether increases in staff and responsibility come through consolidation, market growth or merger, many law firm marketing departments are facing issues brought on by their larger size. The best advice in most situations is to 'think small.'
Research Notes
August 26, 2003
The BTI Consulting Group, Boston, MA just released the results of a new survey of law firm Chief Marketing Officers (CMOs). The results are based on telephone interviews conducted during the first quarter of 2003 with the CMOs of 62 AmLaw 200 firms.
Ask the Coach
August 26, 2003
This month's questions:<br>Q: Like many firms, we struggle with the ability to cross-sell our firm's services. How can we change lawyers' attitudes and beef up our cross-selling efforts?<br>Q: How can we stimulate more referrals from our sources?
Best Practices in Law Firm Marketing:Think Strategically and Tactically for Maximum Results
August 26, 2003
So, based on the advice given last month, you've developed a strategic, firm-wide plan and coupled it with strong research efforts. Your firm has adopted approaches that will help differentiate it, not merely through expertise, but also through client service, and you've placed attorney training and coaching at the top of your 'must-do' list. Now it's time to tackle some nagging concerns ' globalization and a flagging economy ' and to consider implementing new tactics (and adapting existing ones) to improve your client acquisition and retention efforts.
Is Your Firm Using Its Practice Groups To Maximum Advantage?
August 26, 2003
Practice groups are a common fixture in most mid- to large-sized law firms. Many firms use them in administrative or 'traffic cop' roles. However, marketers can use PGs to help market not only the attorneys within those groups, but the firm as a whole.
Bits & Bytes
August 26, 2003
News and developments in legal tech.
