Features
Affordable Care Act Impacts on Group Health Plans
This article provides an overview of the Summary of Benefits & Coverage (SBC) disclosure and employer-shared responsibility mandate implemented under the Affordable Care Act. Information on SBC compliance and your firm's exposure to the shared-responsibility rules follows.
Features
Law Firm Marketing Community Loses One of Its Brightest Stars
Visionary. Leader. Mentor. Friend. It is with profound sadness that, as Editor-in-Chief of Marketing the Law Firm, I announce the passing of our esteemed Editorial Board member, colleague and friend, Jay M. Jaffe. Jay was a true visionary whose instincts and thought leadership about legal marketing earned him the reputation as an industry pioneer and one of our country's foremost trusted legal advisers. …
Features
Are You a Marketing Commitment Phobe?
Are your business development mindset, attitude and efforts working for you? Tips on overcoming your "marketing commitment phobia."
Features
Dewey & Leboeuf Partner Contribution Settlement Agreements Seek to Avoid the Long and Winding Road of Law Firm Bankruptcies
This article explores the process by which the key parties-in-interest in this case successfully negotiated the Partner Contribution Settlements or PCPs, the rationale behind Bankruptcy Judge Glenn's approval of the PCPs, as well as some of the issues that the United States District Court for the Southern District of New York is currently considering on appeal.
Features
The 'Unfinished Business' of Failed Law Firms
Recently, two New York federal district courts reached conflicting decisions in the Coudert Brothers LLP and Thelen LLP bankruptcy cases with respect to a law firm's purported ownership interest in future profits from its former clients' matters pending on the date of the law firm's dissolution, or "unfinished business.
Features
Traditional Cost Recovery
The firestorm of publicity regarding clients pushing back and refusing to pay for certain fees, and especially soft costs, begs the question: Is the traditional cost recovery model dying or perhaps already dead? The answer is no.
2013 - How Many Law Firms Will Survive?
2013 - How Many Law Firms Will Survive? Only one in eight firms have strategic plans, according to a recent ALM Intelligence survey and many don't have the skills and staff to implement them. This is a troubling if not alarming statistic for nearly three quarters of the country's law partners and management. Is it keeping them up at night? How many of those firms will survive the next five years?…
DO YOU GIVE SAMPLES?
Every so often, in a particular area of a professional practice, somebody gets the bright idea to give samples ' to give a half hour of free advice as a way to entice a prospective client to ask for more. Two questions arise. Is it ethical? Is it good marketing?
Features
The Magnificent 25
Many mid-size firms have been growing, aggressively. And, from the creative submissions we received, it is clear why.
Features
Pinning Your Company's Hopes on Pinterest
Heralded as the next big thing in social media, Pinterest presents new legal risks for companies engaged in social media marketing. By sharing images and encouraging others to re-pin them, Pinterest users may inadvertently engage in copyright or trademark infringement, violate licensing agreements, or run afoul of FTC rules for commercial endorsements.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›