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Intra-Law Firm Communications
January 31, 2007
Can a firm decline to produce the e-mails, notes and memoranda relating to its internal investigation on the grounds that the material is protected by the firm's own attorney-client or work product privileges?<br>The answer is a definite 'maybe.'
An Excellent Year for Private Law Firms
January 31, 2007
Corporate counsel will outsource more legal work at higher rates in the coming year, and supervise the law firms less closely, issue fewer RFPs and request alternative fees less often, according to projections based on a survey by the Association of Corporate Counsel (ACC) and Serengeti Law. The survey shows that the balance of power has swung away from corporations and in favor of private law firms, which will continue to bill by hour and face less convergence,' or consolidation of legal work by a corporation to a small number of firms.
A Committee Approach to the Bottom Line
January 31, 2007
Managing a small, medium or large law firm can be a daunting task, especially when piled on top of legal practice responsibilities. The combination of time, tasks, politics and personalities can seem overwhelming as firm managers strive to consider: 'What values are most important to clients?' as part of an overall firm management approach.<br>The key to overcoming these pressures and competing effectively is a strategy of innovation and differentiation.
Technology in Marketing
January 31, 2007
First came business card exchanges, then networking events, then law firms became more organized and developed marketing databases to keep track of all clients, potential clients, referral sources and mailing lists. Then along came Client Relationship Management systems otherwise known as CRM. Now we have ERM (enterprise relationship management), RCM (relationship capital management) and more acronyms than you can shake a stick at. No matter what the new technology, the bottom line persists: Lawyers need to maintain and grow their world of relationships in order to be successful and generate revenue.
Professional Development Programs As Formidable Recruiting and Retention Tools
January 31, 2007
At top-rated firms, lawyer development and training has become the cornerstone of successful recruiting programs for both law school and lateral recruiting efforts. This trend assures that firms with active development programs will continue making significant investments in their attorney and potential attorney's futures via their professional development programming.
Sales and Service Strategies
January 31, 2007
Lawyers know that business development is a must. Too many of them, however, approach it as random acts of golf and lunch. There's nothing wrong with that in theory. Clients purchase legal services from people they like, and golf and lunch are fine marketing activities, very conducive to relationship building. The problem, though, is with the word 'random.' The top rainmakers do nothing randomly. They have identified those persons they want to know better and, from there, they develop a systematic plan to go about building and enhancing relationships with them. As I emphasize to my clients, the key word is <i>plan</i>.
Op-Ed
January 31, 2007
Over the last few weeks, we have seen a lot of ink relating to a certain merger that didn't happen. Everyone is speculating on why it didn't happen and what the fallout will be for both firms. Some have opined both in print and on blogs that the firm who has lost the most in terms of talent will be weakened and without a clear vision to move forward. From where I am sitting, I can attest to the fact that there is a light at the end of the tunnel for that firm. I know this because I experienced first hand how a firm can recover from 'the worst of times'
Bit Parts
January 31, 2007
Composition Creation/Statute of Frauds<br>Concert Venues/Charitable Immunity Statutes<br>Copyright Infringement/Co-Authorship Bar<br>Copyright Infringement/Co-Authorship Claim <br>Copyright Infringement/No Issue of Material Fact<br>Rescission Claims/Copyright Pre-emption
The Place to Network
January 31, 2007
Has the importance of billing time all but eclipsed the potential gain of going out to lunch with a prospective client? As profits per partner keep skyrocketing, the case needs to be made for the old-fashioned business lunch. Clever 'rainmakers' have a keen eye for business development. They have realized that this forum presents a brilliant opportunity for networking and smoking out new opportunities. New clients aren't lining up outside your office so get smart and get out of that chair!
Victories over Video-Game Laws Yield Fee Awards
January 31, 2007
After obtaining court victories in several states against bans on video games deemed violent or sexually explicit, the video-game industry is running up the score by collecting $1.5 million in attorney fees.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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