Keane v. Keane
August 29, 2007
The author has spent some considerable time reading and re-reading the Court of Appeals' decision in <i>Keane v. Keane</i>, 3 NY3d 115 (2006), but cannot quite get it. He realizes fully that the court's word on this is the final one ' 'for now.'
Business Development Will Dominate Marketing
August 29, 2007
In the real business world, marketing and business development functions co-exist ' albeit uncomfortably at times ' in a more or less equitable partnership that sees them working toward common objectives but living on separate islands. In the somewhat more surreal world of BigLaw business, the functions tend to live together but, all too often work at cross-purposes. And therein lies a budding tale. Who is best suited to lead the firm, at least until the next, next thing comes along? The answer seems clear. There's a new sheriff in town. Its name is business development.
Inequitable Conduct Decision Catches Many Off Guard
July 31, 2007
The recent Federal Circuit decision <i>McKesson Info. Solutions, Inc. v. Bridge Med., Inc.</i>, No. 2006-1517 (Fed. Cir. May 18, 2007) has many patent prosecutors scrambling to file information disclosures after the court found inequitable conduct based on the all-too-common oversight of not cross-citing prior art from similar, co-pending applications and the even more common oversight of not cross-citing allowances and rejections from such applications.
Affinity Groups: Tools for Retention
July 31, 2007
Affinity groups are groups that are sponsored and supported by an organization and consist of people with a common set of characteristics. Common affinity groups in larger law firms include ones involving women attorneys; attorneys of color; reduced- schedule attorneys; and people who are gay, lesbian, bisexual, or transgender ('GLBT'). Affinity groups are effective tools that organizations have used successfully to improve retention and promotion, and to enhance recruiting efforts. Affinity groups that 'support the attorneys and provide outlets and channels of communication with senior management' are also considered diversity best practices (The Association of the Bar of the City of New York, Statement of Diversity Principles, Diversity Practices).
Corner Office: What Every Lawyer Should Know About the Economics of a Law Practice
July 31, 2007
Why do so many lawyers know so little about the economics of practicing their profession? Not surprisingly, it's because their law school education did not address any of the business aspects of practicing law. So most young lawyers join law firms with little understanding of how they operate and without a clue as to what it takes to make a law practice successful and profitable. Many lawyers, especially those who join large firms, manage never to master these concepts ' and in many cases work hard at avoiding them.
Highlights of Recently Enacted Tax Laws for Law Firms, Clients, Lawyers, and Staff
July 31, 2007
This article addresses two significant changes made by the Small Business and Work Opportunity Tax Act of 2007 ('Small Business Act') ' the new preparer penalty provisions (up to 50% of the fee for preparing the tax return), which have broad implications for attorneys who offer tax advice to their clients and the revised kiddie tax provisions, which now reach a substantially larger group of children. This article also details pertinent changes made by the Tax Relief and Health Care Act of 2006 ('TRHCA'), which extend the time for several tax cuts that had expired at the end of 2005, make certain tax breaks more beneficial, and provide greater flexibility regarding health savings accounts. Noteworthy new TRHCA provisions are highlighted that can benefit law firms and their clients, as well as individual attorneys and staff members and their families.
After 30 Years, Law Firm Advertising Is Slow to Change
July 31, 2007
In the early days of attorney advertising, law firms created ads to demonstrate their unparalleled integrity and resourcefulness. Some three decades later, law firms are creating ads to demonstrate their unparalleled integrity and resourcefulness. Although firms themselves have undergone profound changes since the U.S. Supreme Court decided 30 years ago this month that even lawyers were entitled to free speech, the profession's advertising manner and message ' especially among the larger firms ' have evolved very little in those 30 years, according to many industry observers.
The Practice Group
July 31, 2007
The popularity of the practice group ' an entity within a firm comprised of those who practice a specific area of law or serve a specific industry ' is well grounded, in that it opens a number of advantages to managing a practice and better serving clients. But so complex and management sensitive are practice groups that they open, as well, the easy propensity to misuse the practice group concept in a classic case of poor management canceling the value of a good concept.
The Place to Network: Innovative Networking Strategies for Women Attorneys
July 31, 2007
If pressed, undoubtedly any woman attorney could come up with a litany of reasons why she cannot be a rainmaker or proactive networker, ranging from responsibilities at home to discrimination or being underestimated in terms of capabilities by bosses or clients, both male and female. The good news is that rather than searching for excuses, many female lawyers are aggressively and successfully networking to develop their client rosters despite challenges they face.
Career Journal: Looking at Law-Firm Marketing Depts. in 2007
July 31, 2007
The first half of 2007 revealed some new trends in law-firm marketing, including structural shifts in departments that are yielding the addition of new job functions. This has made the quest for talent to fill these roles exceedingly difficult.
