Programs Keep Alumni Close to Old Firms
May 31, 2006
As firms strive to differentiate themselves through marketing techniques and stave off mergers through network affiliations, they are gearing up alumni programs to net referrals and maintain positive relationships with former employees.
Law Firm Leadership and Communications
May 31, 2006
Confronted by increased competition and changes in the way expense conscious corporate clients procure legal services, law firms are responding by building capacity ' increasing their size through aggressive lateral hiring and acquisition. It is an appropriate response; driven by the market perception that in order to compete today for global corporate business, it is imperative that the modern law firm be large enough to handle both commoditized work as well as provide high end counsel, deep enough to handle any and all matters that a company may face, and streamlined enough to take advantage of technological and other economies of scale. But the myriad of market-based arguments that enable the creation of these large partnerships with hundreds of partners beg the question: 'Now that we've built the infrastructure, how do we truly distinguish ourselves in a manner that actually confirms these assumptions and secures the business?'
Implementing Practice Management in a Mid-sized Firm
May 31, 2006
Practice management is gaining strength as a discipline in many mid-sized firms. Long adhered to in large firms as a way to interact most effectively with clients, produce the client's work in the most timely and cost-effective manner, and generate collegiality among lawyers, in mid-sized firms many managing partners have relegated the practice of law to individual partners, reluctant to impose their judgments on how individual client matters were being performed. This results from their belief that lawyer management should not have to follow up on partners responsible for performing client work or for managing substantive practice areas.
Retaliation: What is an Adverse Action?
May 31, 2006
It has become an increasingly common fact pattern: An employer discriminates against an employee, for example, because of her gender. She files a claim of discrimination against the employer with the Equal Employment Opportunity Commission (EEOC). In a matter of days, the employer finds out about her charges and decides to make her work life miserable. This might create a straightforward claim for unlawful retaliation, that is if the employer's actions made her life 'miserable enough.' The question of what is 'miserable enough' has divided the courts, and thus there may not be a clear answer to questions on adverse employment actions for employers or employees.
Should the Heeding Presumption Apply to Pharmaceutical Failure-to-Warn Claims? PA Court Says 'No'
May 31, 2006
Part One of this series discussed the rationales courts typically draw upon in deciding whether to apply a heeding presumption in failure-to-warn cases in general. This installment analyzes the application of the heeding presumption in pharmaceutical failure-to-warn cases specifically and explains why justifications for the presumption in the general product liability context do not necessarily hold true in the pharmaceutical failure-to-warn setting.
Net News
May 31, 2006
New Internet Phone Wiretap Rules Challenged<br>Congress May Consider Mandatory ISP Snooping <br>Movie Piracy Losses Bigger Than Expected, Says a Recent Study<br>House Panel Approves Bill to Ban Cyber-gambling <br>Group Sues NY to Overturn Law Banning Internet Tobacco Sales
Cases of Note
May 31, 2006
Alleged Movie Pirate Claims Innocence<br>Online Legal Scrivener Guilty of Unauthorized Practice of Law
Supreme Court Ruling for eBay a Major Victory for Big Patent Holders
May 31, 2006
A Supreme Court ruling on May 15 in favor of eBay Inc. in a closely watched patent dispute made it harder for those claiming infringement to win permanent injunctions against major patent holders and manufacturers.<br>The unanimous decision was a major win for eBay and other big patent holders that frequently face crippling litigation from parties that get injunctions to protect one of thousands of patents used in a complex product.
