Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Home Topics

Law Firm Management

Features

TRHCA Tax Savings

Richard H. Stieglitz & Michael G. Freel

Along with a multitude of other changes, the Tax Relief and Health Care Act of 2006 ('TRHCA') extends the time for several tax cuts that had expired at the end of 2005, makes certain tax breaks more beneficial, and provides greater flexibility regarding health savings accounts. This article highlights noteworthy new TRHCA provisions that can benefit law firms and their clients, as well as individual attorneys and staff members and their families.

Features

Supporting Non-Equity Career Opportunities Through Two-Tier Ownership Structures

Kristin K. Stark

Lately, we've been hearing from a growing number of our (Hildebrandt International, Inc.) clients about escalating concerns relating to career path and non-equity opportunities. Although 79 AmLaw 100 firms and 169 of the NLJ 250 firms acknowledge a tiered ownership structure, and a large number of others utilize a de facto two-tier structure, many firms still adhere to a single-tier model.

Features

Older and Better: Partner Retirement Policies

Janet Markoff

You have heard the clich': '60 is the new 40.' In today's law firm, however, the 60-year-old may very well be at the prime of his or her career, and many firms are taking notice. Firms committed to building critical mass, particularly in key practice areas and offices (notably New York) are scrambling to recruit the 'big splash' partner. The seasoned attorney from a top-tier firm, approaching the firm's retirement age but not yet ready to quit, is a prime target. This partner has a loyal client base, the wisdom gained from years of experience, and prot'g's who are frequently eager and willing to follow the master.

Features

Partnership Investments

Sheldon Banoff

With profits per partner continuing to rise, many attorneys have more discretionary income available for investment. In addition to investing directly in both traditional and nontraditional sources, some partners may also choose to invest (either inside or outside their law firms) in opportunities that arise in the law firm setting.

Features

The Motion to Disqualify: A Recurring Theme in the Modern Law Firm

Jeffrey P. Ayres

High-stakes disputes often generate hardball tactics by the parties and their attorneys. Even before the lawsuit is filed, attorneys are claiming conflicts of interest, on the part of opposing counsel, with increasing regularity and fervor. As law firms grow, clients merge or divest divisions, and attorney departures and arrivals become more common, conflicts of interest — and the possibility for disqualification motions — become a larger problem for law firms. Do such motions present a legitimate complaint mechanism for wronged clients, or simply one more arrow in the quiver of the scorched earth litigator? Regardless of what you think is the correct answer to the preceding question, disqualification motions and threats are unquestionably something that modern law firms are forced to address with increasing frequency.

Features

Your Law Firm Web Site

Janet Ellen Raasch

A law firm Web site is an interactive experience ' one that takes place between someone in need of information and someone in the position to provide that information.The total experience a client or prospective client has while visiting a Web site reflects on your firm. A bad experience forms a bad association. A good experience creates a good one.

Features

Getting Published: The Foundation for Business Development

Ari L. Kaplan

Business development in the legal community is a science, but it requires the creativity of an artist. That artistry can be demonstrated most powerfully through the written word, a tool of great lawyers for centuries. Encapsulating an interesting case or complex transaction into 500 or 1000 words for the benefit of colleagues and the business community at large is the single best way to demonstrate expertise on a macro scale. It is at the very core of client generation.

Features

<b>Corner Office</b>: Are Gray-Haired Partners Expendable?

Melchior S. Morrione

Gray-haired, older, or as I shall refer to them, senior partners, as a class, represent a challenge that most managing partners find vexing. Many firms have avoided addressing this very complex issue either because of the emotional reaction it invokes, or because they just don't see it as a real problem yet. Others have adopted the apparently simple solution of setting a mandatory retirement age at which the partner is expected to stop practicing and head for a retirement community.

Features

How to Reduce Your Exposure to Lawsuits

Bill Wortel

Employers go to great lengths and expense to reduce their potential exposure to employment-related claims. Most employers implement policies to address the myriad and growing federal, state, and local employment laws; regularly conduct employee EEO training; hire qualified human resources professionals and in-house attorneys with expertise in employment law; and regularly seek advice and assistance from outside counsel concerning these prophylactic measures. The purpose of this article is to apprise readers of a fast, simple, and inexpensive way to reduce their exposure to certain types of employment-related claims through the inclusion of an express waiver ('Waiver') in an employment application or other document signed by applicants or employees. The Waiver contractually reduces to six (6) months the time period within which certain types of employment-related claims must be filed and waives any statute of limitations to the contrary, thereby significantly reducing the number of timely-filed claims and, consequently, the employer's potential exposure.

Features

'But I Have Insurance to Cover that Claim!'

Kevin C. McCormick

As many of you know, there are various insurance policies available to protect against employment-related claims. Although some policies, such as employment practices liability (EPL) policies, cover a variety of claims, many cover only specific claims to the exclusion of all others. A recent decision from the U.S. Court of Appeals for the Fourth Circuit highlights some of the interesting issues that can arise in resolving employment claims covered by an insurance policy.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
    Read More ›
  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
    Read More ›