Client Speak: Insiders/Outsiders
By now you've heard it thousands of times ' If you want to sell, know your target. If you're a lawyer, don't bedazzle them with nonpareil insights into Markman or Title VII or the best arguments in support of federal preemption in a product case. Your expertise is really a pretty cheap commodity no matter where you graduated law school. C-Suite buyers won't care; in-house counsel, who've heard it all before, are even less impressed.…
Technology in Marketing: Developing a Law Firm Web Site RFP
Imagine you want to build a new house and have interviewed three contractors to obtain bids for the job. One bid $100,000, another bid $200,000, and the third bid $500,000. How would you decide between them? The answer is you couldn't make an apples-to-apples comparison unless the contractors were basing their bids on a single set of architectural plans specifying size, materials and other construction details.Yet, when many law firms decide to build a new Web site, they solicit bids from vendors without first developing specifications detailing the desired features and functionality for the site.
Professional Development: Negotiating to Make Rain
Research suggests that women are excellent at negotiating for others. They are not as good at negotiating for themselves. Similarly, women lawyers tend to lag behind men in developing business. Indeed, many abhor the prospect of making rain almost as much as the prospect of advocating for themselves. Yet the reality is that women who wish to make partner must also make rain.
Features
The Place to Network: O Come All Ye Rainmakers
For most attorneys, December is dominated by celebratory events ' and each one can be an opportunity to make new contacts and further existing ones. People are generally relaxed and in good spirits at holiday parties; therefore they are often receptive to making new acquaintances. By taking a strategic approach to your holiday party planning, you stand to benefit from them greatly.
Career Journal: Insight on Legal Marketing Success from the Industry's Best
As 2007 comes to a close, we took the opportunity for our final column of the year to gather insights from six Chief Marketing Officers at large law firms. They have provided us with their views on the ever-changing world of legal marketing, and offered their perspectives and recommendations on how to be successful in this industry.
Features
Two Firms from the Top 20 of the Third Annual MLF 50
While this year's rankings were not heavily weighted on advertising and visual communications, I would be remiss if I didn't highlight two firms that did use visual communications to effect image and change. Herein, Thompson & Knight LLP, and K&L Gates.
Features
Older Workers Benefits Protection Act
In order to discourage and, possibly, sanction an employee for bringing a suit, even where he or she has signed a release, employers have historically added to the release agreement a covenant not to sue. That covenant usually includes a promise that the employee will not sue, and that, if the employee does file suit, he or she must pay the employer's defense costs in addition to his or her own attorneys' fees and costs. Recent cases have called into question the viability, utility, and even the lawfulness of covenants not to sue, such that employers may well decide to forego them when drafting releases of age discrimination claims.
D.C. Court Rules Overbroad Workplace Policies Unlawful
In two recent decisions, the District of Columbia United States Court of Appeals has ruled overbroad workplace policies unlawful, even when those policies did not expressly prohibit protected workplace discussions about terms and conditions of employment, and even when there was no evidence that the policies had been enforced to punish protected workplace discussions. This article discusses these decisions, and their implications for employers that have adopted, or are contemplating adoption of, workplace policies that might be deemed overbroad.
Features
Voluntary Versus Mandatory Wellness Programs
Last month, we discussed voluntary and incentive-based wellness programs, which are usually offered to employees on a voluntary basis, with various incentives often added to foster continued participation. We went on to discuss mandatory programs, which a minority of employers provide to encourage employees to get healthier by providing extensive health care services ' but that also require certain conduct, such as giving up alcohol and tobacco. This month, we continue with an in-depth discussion of the risks associated with mandatory programs.
No-Match Letters: An Update
A hearing on whether to continue the temporary injunction of the Department of Homeland Security's new regulation regarding Social Security No-Match letters took place on Monday, Oct. 1, 2007 in San Francisco federal court. Judge Charles R. Breyer made his final ruling and issued a preliminary injunction preventing the government from enforcing the No-Match regulation. Following is an update.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
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- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›