Practice Tip: Case Intake — Pitfalls in Foreign Cases
A recent decision highlights the timing and jurisdictional pitfalls that may be faced by the attorney accepting an out-of-state injury case.
Features
Are Public Nuisance Lawsuits Against the Handgun Industry Gaining Ground?
Much has been written about the many lawsuits initiated by municipalities against the handgun industry. They are premised on the claim that the gun manufacturers and distributors saturate the market and fail to prevent their retailers from selling to persons who might resell to criminals. <i>See, e.g.,</i> Lawrence S. Greenwald, <i>Municipalities' Suits Against Gun Manufacturers ' Legal Folly,</i> 4 J. Health Care Law & Policy 13 (2000). Plaintiffs typically seek both damages and injunctive relief that would change industry marketing practices. The gun industry has challenged the legal sufficiency of the lawsuits on multiple grounds, with the majority of courts that have considered these issues dismissing the lawsuits. Recent developments, however, suggest that the pendulum may be swinging back in the governmental plaintiffs' favor.
Are You Filing Sales/Use Tax Returns?
There is good news for law firms and providers of legal services. Since they are exempt from sales tax in all states, they are not subject to collecting and remitting sales tax. However, because of the use tax (which is the other component reflected on the tax return), law firms and legal service providers should still file sales tax returns in their resident states. More and more law firms and other exempt service providers are being audited by the states for sales and use tax. These audits are resulting in firms being assessed thousands of dollars in use taxes, interest, and, in some instances, penalties.
Features
Treat Your Partners Well
Managing an organization composed of successful lawyers is famously difficult. The very traits that make lawyers successful are found in abundance in law firm partners ' a healthy skepticism, a penchant for debate, and a high degree of self-confidence ' coupled with a sense of ownership in the enterprise and a desire to be informed and consulted about decisions large and small. Firm management's job got even harder in April, with a Supreme Court ruling affirming that partners may have equal employment opportunity rights.
Features
Executive Committees' New Role: Focus on Integration
Information Resources (formerly called the Library in most firms) and Marketing/Business Development now must form a union to help the firm's senior management with strategic positioning, competitive analysis and revenue generation through firm strategic intelligence. The time for dotting the "I" in Information and crossing the "t" in Marketing has come. It is no longer enough to obtain information about a client.
Features
Road to Large Law Firm Partnerships Getting Longer
The fast track at top law firms is slowing down. Facing increasingly complex matters, an active market for lateral partners and greater pressure to improve profitability, major New York law firms are prolonging the period leading up to partnership. At firms where an associate's first shot at partnership once came 7 years after law school graduation, tracks of 8 years or longer are now far more common.
Optimizing Retirement Plans for Law Firms
Part One of this article compared some hybrid retirement plans (combinations of defined contribution and defined benefit plans) that are potentially desirable for law firms. In Part Two, we provide spreadsheet analyses to illustrate the benefits of these plans and to reconcile them with nondiscrimination criteria of the Internal Revenue Code and of the Age Discrimination in Employment Act (ADEA).
Features
Orrick's Global Operations Center After Year One
Orrick, Herrington & Sutcliff LLP, a San Francisco-based law firm with a global reach, contended with more than a little skepticism a few years ago…
Features
Verdicts
Recent rulings of importance to your practice.
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
- 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 ›
- 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 ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›