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