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Court of Appeals Upholds Recording of MERS Mortgages
January 31, 2007
In <i>Matter of Merscorp, Inc. v. Romaine</i>, decided last month, the Court of Appeals resolved the long-standing dispute between the Suffolk County Clerk's office and participants in an electronic mortgage registration consortium. In one of the first opinions by recently appointed Judge Eugene Pigott, the court held that the County Clerk is required to accept for recording mortgages and satisfactions in the name of MERS (Mortgage Electronic Registration Systems, Inc.) even though MERS itself holds no interest in those mortgages.
Index
January 31, 2007
A complete list of the cases included in this issue.
Getting Published: The Foundation For Business Development
January 31, 2007
Business development in the legal community is a science, but it requires the creativity of an artist. That artistry can be demonstrated most powerfully through the written word, a tool of great lawyers for centuries. Encapsulating an interesting case or complex transaction into 500 or 1000 words for the benefit of colleagues and the business community at large is the single best way to demonstrate expertise on a macro scale. It is at the very core of client generation.
Musical Chairs for Firms' Public Faces
January 31, 2007
It all started when communications director Peter Columbus left O'Melveny &amp; Myers for a position at Kaye Scholer this fall. To fill the opening at O'Melveny, John Buchanan left his job at Heller Ehrman. To fill that slot at Heller, Patrick Bustamante left his post at DLA Piper. 'Clearly there's a domino effect,' Buchanan said.
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>.

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