Ethics Issues Arising Between the Law Firm and Its Client
August 30, 2007
Jim Roethe, former General Counsel at Bank of America and litigation partner with Pillsbury Winthrop Shaw Pitman LLP, and I recently taped a Recorder Roundtable CLE program titled 'Professional Relationship and Ethics.' We discussed some ethical issues that may arise between the client and the law firm in billing, staffing, litigation discovery, lawyers' financial interests, and backdating documents. Here is a brief summary of our discussion.
Lessons Learned from Jury Duty
August 30, 2007
When my jury summons arrived in the mailbox, I decided that performing my civic duty could function as professional development for <i>this</i> legal-specific software trainer. The three previous times that I had served (one other time as foreperson), I viewed the experience with different eyes. After eight weeks of active, civil case jury duty, the time spent and lessons learned compel me to reflect on the experience and offer personal insight as it relates to law firm ethics and how a firm may benefit.
Orientation Revisited and Reinvented
August 30, 2007
Many firms have instituted elaborate machinery for their recruiting (entry-level and lateral) and orientation, but there is a long way to go toward stellar results regarding orienting, integrating, and retaining those hard-won recruits. Some of the difficulties are generational; others can be traced to the traditions of partnership culture, which often lacks openness about management and how the firm handles the business of law.
HELP! Communicating During a Crisis
August 30, 2007
With corporate scandals, terrorism and economic chaos appearing regularly in the headlines of major newspapers and on broadcast news, now more than ever it seems that American business is in need of good crisis communications. No company is immune to crisis — so no company should be without some kind of plan to communicate in the midst of that crisis. Organizations that have good plans in place will weather crises far better than those that don't — or those that believe that not communicating will insulate them in some way from the effects of the crisis.
IP News
August 30, 2007
Highlights of the latest intellectual property news from around the country.
The Law At Odds: Looking for Harmony Between 337 and the '271(g) Exception
August 30, 2007
Development Corp. owns a patent covering a process for making a chemical 'X.' Imports Inc. uses the process to make chemical X in Europe. Chemical X is then materially altered as it is converted to chemical 'Z'; then it is shipped to the United States. Can Development Corp. block importation of chemical Z? The answer might depend on what forum Development Corp. chooses.
An Overview of FIN 48: Accounting for Uncertain Income Tax Positions
August 29, 2007
In an effort to increase comparability and consistency in how companies report income tax positions on financial statements, the Financial Accounting Standards Board ('FASB') issued on July 13, 2006 FASB Interpretation Number 48 ('FIN 48'), <i>Accounting for Uncertainty in Income Taxes.</i> FIN 48 changes the way companies must account for uncertain tax positions taken on federal, state and local, and international income tax returns for financial reporting purposes. Despite the requests for delay by numerous companies and trade and lobbying groups, the provisions of FIN 48 became effective for fiscal years beginning on or after Dec. 15, 2006. The provisions of FIN 48 apply broadly to all companies that issue financial statements in accordance with generally accepted accounting principles ('GAAP') and that are potentially subject to federal, state and local, or foreign income taxes.
Today's Approach to Distressed Situations: A Lessor's Guide
August 29, 2007
Back in 1985, one of us contributed to an industry publication an article titled <i>Strategies for Recovery in Lessee Bankruptcy</i>. Twenty-two years later, the landscape of bankruptcy law and the leasing industry have changed dramatically, and issues and problems faced by the equipment lessor today have much different priorities. As the equipment leasing community contemplates the landscape today, some new approaches and decision drivers face the leasing executive when his lessee files Chapter 11, or threatens to do so.
Movers & Shakers
August 29, 2007
Information about the advancement of lawyers in the patent profession.
Actively Manage Patents for Better ROI
August 29, 2007
A lack of time and resources often undermines the value of small and medium enterprise ('SME') and individual inventor owned patents. By placing attention and energy on their intellectual property as they do on product development, companies can dramatically increase the value derived from their IP and greatly enhance their overall success.
