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Features
It will come as no surprise to anyone reading this piece that law firm marketing is still, for the most part, not getting the respect that it has so desperately sought. For the past 17 years, I have watched with great anticipation as to whether law firm management would embrace marketing as a vehicle to enabling law firms to better compete. But alas, all I have been witness to is a revolving door of directors and, more recently, Chief Marketing Officers who come and go at a rate that belies understanding.<br>I'm certainly not the first to report on this constant rotation of marketing executives, but I think I'll be the first to give an honest assessment of why there is such a turnover in our industry.
Too often, criminal defense attorneys file boilerplate '<i>Brady</i> motions' seeking in essence 'any and all information which may be favorable to the defendant and material to the issue of guilt or punishment.' <i>Brady v. Maryland</i>, 373 U.S. 83 (1963). Prosecutors respond in cookie cutter form that they are 'aware of their <i>Brady</i> obligation and will disclose such evidence when and as appropriate.' This might be on the eve of trial, mid-trial, or even post-trial. If truly pressed at the motion stage with a detailed <i>Brady</i> request, some prosecutors and courts have relied on <i>Strickler v. Greene</i>, 527 U.S. 263, 280 (1999), as grounds for denying the defense request.
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Though it may seem inconsequential, a handshake is in fact a serious step in intimacy. In the same manner that animals define and defend their territories, we humans develop a sense of 'ownership' for the space around us. This territory, which is but a few inches, is nonetheless a sort of 'personal space' bubble, and we react strongly if it is invaded. <br>No matter how large or small the bubble may be, in every case the physical contact involved in a handshake requires that this barrier be suspended, if only for a moment. In the manner of a drawbridge brought down to allow a knight to cross a moat and enter the castle, lowering the personal space barriers to shake hands is an act of trust, and so creates trust. In fact, a handshake can be seen as the first step in a relationship.
In the 3 years since Former Deputy Attorney General Larry Thompson's expansion of the Principles of Federal Prosecution of Business Organizations (the 'Thompson Memorandum' or 'Memorandum'), the number of front-page corporate prosecutions and record fines have continued to grow. Prior <i>Business Crimes Bulletin</i> articles have discussed the impact of the Memorandum on the role of defense counsel, including the effects of waiver of corporate attorney-client privilege. However, the privilege is not all that is disappearing.
Features
As law firms grow and become more interested in the international, national and regional marketplace, their involvement in the local community has begun to wane. This has left a gaping hole in many places that have relied on the large firms to bankroll charitable events or to populate the important boards. It has opened a door to local- and state-oriented law firms to step forward and implement a strategy that will create a new law firm culture that I call 'Community Active' in order to fill the void left by the mega firms.
Recent rulings of importance to you and your practice.
The union of the Internet and commerce has lead to increases in productivity, convenience, and access for consumers everywhere. At the same time, it has spawned tremendous privacy concerns. It is not uncommon these days to hear of businesses inadvertently publicizing consumers' personal data, or worse, hackers obtaining personal financial information.
Features
One of the leading issues currently faced by bankruptcy practitioners can be found in the frequently recurring disputes between first and second lienholders ' an issue that was recently addressed in the context of a ' 363 sale. In <i>Contrarian Funds, LLC v. Westpoint Stevens, Inc.</i> (<i>In re Westpoint Stevens, Inc.</i>), 333 B.R. 30 (S.D.N.Y. 2005), the United States District Court for the Southern District of New York (the District Court) reversed a ' 363(b) sale order (Sale Order) of the bankruptcy court on the grounds that the Sale Order authorized an in-kind distribution of equities ' rather than cash ' to first lien holders outside the Chapter 11 plan confirmation process.
Features
When is an executory contract not just an executory contract? When it's also a regulation, of course. So ruled Judge Richard Casey of the District Court for the Southern District of New York in <i>In re Calpine</i>, 337 B.R. 27 (S.D.N.Y. Jan. 27, 2006), dismissing Calpine's request for authority to reject under 11 U.S.C. ' 365 certain regulated wholesale power supply contracts that fall within the exclusive jurisdiction of a federal administrative agency. Casey's decision and the subsequent appeal to the Second Circuit Court of Appeals, where the case is currently pending, culminate a 3-month legal sprint through the executive and judicial branches of government in a case that pits the authority of the judiciary against the jurisdiction of the Federal Energy Regulatory Commission (FERC) ' the administrative agency tasked with regulating the wholesale sale and transmission of electric power.
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With the implementation of Legal Files, we have successfully consolidated case information, provided better case-management reporting, and enabled our lawyers to manage their cases more cost effectively and efficiently. Through the use of Legal Files, we can successfully manage multi-district litigation (MDL), gather expert information, categorize, associate and manage groupware items (e-mails, calendar events, and tasks), maintain matter-centric documents, manage deposition and evidentiary documents and produce dynamic reports for overall management of cases.