Features

The Impact of Trust On Cooperation
a tendency to trust optimizes outcomes on average — but you have to think in individual transactions. Are lawyers too distrusting to make good decisions in those instances? This article explores the concept of trust, the impact of trust on cooperation, and whether lawyers have trust issues and what that means for them and for their clients.
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Using Process Improvement and LPM for Competitive Advantages in Pricing and Fee Arrangements
This article explores the connection between process improvement, project management, and pricing. Clients want budget predictability, options in fee arrangements, and value. The firms that do this well, regardless of their size or location, will have the competitive advantage.
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Hallmarks of Highly Successful Coaching Programs
How well does your attorney coaching program stack up? Here are six pillars to self-assess whether your informal or formal business development coaching and training programs are working.
Features

Reframing 101: How to Use 'Yes' and 'No' for Negotiation Breakthroughs
When you're negotiating, being able to reframe — to change your perspective and approach an issue through a new lens — is critical to getting your needs and wants met.
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Rebranding Your Law Firm? Read This First
If your firm is making substantive changes, a rebrand helps to communicate that internally and externally.
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Thinking About PR In Law Firm Responses to the War In Ukraine
The Russian invasion of Ukraine and the ongoing war bring up an interesting conundrum for law firms with business ties to Russia. It also sheds new light on the pattern of law firms (and other corporations) speaking out about social causes and events with significant societal implications. A law firm's actions can have PR implications, particularly when it comes to what is or is not communicated to stakeholders and the media.
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It's Time for Post-Pandemic Law Firm Retreats
After two years of cancelled, postponed or virtualized versions, in-person retreats are finally back. It's time to refresh ourselves on why and how to run a safe and healthy in-person retreat.
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Avoid These 7 Mistakes to Not Seem 'Salesy'
It doesn't take much to be perceived as 'salesy.' A poorly-timed question, over-confidence, or a little too much enthusiasm can sour your prospect on you. Being perceived as salesy can create obstacles to winning the engagement. Fortunately, it's easy to avoid being salesy. Simply, avoid creating sales pressure.
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Racial Equity Audits Create Accountability for DEI Programs
As intolerance for inequities in policing and the workplace grew, corporations across the nation pledged their commitment to transform their hiring, promotion, and retention practices to foster inclusion for personnel at all levels. Whether organizations have made good on these commitments is an open question. Racial Equity Audits have emerged as a promising method for answering that question and addressing identified shortcomings.
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Why Hire a Fractional CMO?
A fractional CMO is an outsourced marketing executive that can perform all the functions of a chief marketing officer, including strategy, planning and implementation, without a company having to commit to a long-term, full-time salary.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›