Commercial Law

Features

The assessment of replacement compensation should not be undertaken without careful consideration. The valuation expert must be able to demonstrate that the analysis has been conducted using the best available data, that it was properly researched for reliability, that the components of actual compensation and replacement compensation are similar in nature and that the resulting determination is not biased and does not advocate for any position.

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Since mid-2006, several extraordinary changes have taken place with regard to 'raising the bar' of valuation practitioners. Family law attorneys need to recognize these changes and be prepared to demand better expert appraisal services. Not only will you be more able to challenge the unprepared novice, but you should expect that your expert appraiser may well be challenged by competent opposing counsel.

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While all states have rules addressing attorney practices, New York appears to stand alone in singling out the matrimonial practice for special attention. New York matrimonial and family law practitioners are highly regulated. We are governed, not only by general disciplinary rules and the code of professional conduct applicable to all attorneys, but we are also regulated by what is commonly known as the 'Matrimonial Rules,' set forth in the New York Code of Rules and Regulations. In addition, the disciplinary rules also contain provisions, exclusive to family law practitioners, prohibiting contingency fee retainers and restricting sexual relationships between attorney and client.

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Nearly 30 years ago, the U.S. Supreme Court decided <i>Bates v. State Bar of Arizona</i> (433 U.S. 350 (1977; holding that 'blanket suppression' of attorney advertisements was an unconstitutional interference with First Amendment rights. However, the Court also recognized that some regulation of attorney advertising was necessary to protect consumers who lacked legal sophistication. Thus, the Court ruled that statements in lawyer ads that might pass muster in other industries could be misleading and were subject to reasonable regulation as to time, place and manner. The conflict between the First Amendment right to speech and the necessity and reasonableness of regulation of attorney advertising has continued to evolve since <i>Bates</i>, responding not just to changing mores regarding professional conduct, but to the challenges of new technology media.

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Amid the screaming and righteous indignation of the Don Imus incident, communications crisis managers were learning their own lesson. And it wasn't that TV networks, hit in the pocketbook, can get very moral (we already knew that); it was that speed really does kill.

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Have you ever wondered why, when everyone in your firm supports the concept of business development, you just can't seem to get initiatives implemented? While business development inside a law firm isn't a new concept, many directors and CMOs have so far failed to recognize just how significant an impact these initiatives will have on the basic structure and organization of the firm.

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Employer brand is top of mind for many firms. The way a firm's brand is perceived by staff and potential employees is a critical success factor. There was once a time when marketing and HR were very different schools of thought; people from each discipline had very little in common. Now, HR professionals are beginning to put on marketing 'thinking caps' and utilize marketing principles and strategies to brand their firms; therefore, successfully attracting talent ' and not just fee-earner talent!

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You might be forgiven for concluding that the U.S. Sentencing Guidelines were largely a thing of the past following the Supreme Court's decision two years ago in United States v. Booker, 543 U.S. 220 (2005). The Court held that the Guidelines were purely advisory ' not mandatory ' and just one among many factors to be consulted in meting out a sentence under 18 U.S.C. ' 3553(a). Other factors specified in ' 3553(a) include such&#133;