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Associate Salary Stratification More Likely In 'Buyer's Market'
August 01, 2016
Since Cravath, Swaine & Moore upped the ante on associate salaries this Spring, others in the big law community have responded gradually, some going all-in and others devising region-specific pay scales. In the current market, industry watchers say, the salary game has changed, and most firms will need to take the more thoughtful approach.
Firms Increasingly Making Partners Pay to Leave
August 01, 2016
As law firms look to protect themselves from cash walking out the door in a low-demand market, they are increasingly looking at methods to discourage lateral departures and, perhaps more importantly, are enforcing those methods more frequently.
The Adjudication of Affordability
August 01, 2016
Since the first civil lawsuit for money damages, plaintiffs have sought to maximize recoveries while defendants have sought to minimize them. This creates an obvious tension that is often left to a jury. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?
Investing in New Technologies
August 01, 2016
Until recently, corporate legal departments often had more leeway in complying with corporate operational and budgetary expectations than other departments. Now, however, companies are expecting legal departments to more accurately predict the quality, timing and cost for their services.
Five Steps to a Successful Social Media Strategy
August 01, 2016
Have you heard? Social media is mainstream ' 70% of the U.S.are using social media and more than 50% of them are over the age of 35 (that's right ' it's not just millennials). But did you know that in-house counsel are active social media participants? In fact, their usage is growing and today nearly two-thirds of general counsel (GCs) are engaging at least weekly in social media for professional reasons.
The Maturation of Competitive Intelligence in Law Firms
August 01, 2016
Advances in technology have given clients more information about the cost of legal services and where else that client might go looking for them, leading to increased demand for discounts and other alternative fee arrangements at a time when in-house legal departments are under rising pressure to cut costs. Here's how to use competitive intelligence.
The Enemy Is Inside the Wire
August 01, 2016
By now you've likely read the headlines about the recent attacks on various Asian banks, resulting in cyber losses reported in the tens of billions. And if you're really paying attention, you probably know these attacks have been linked to the Lazarus cybercrime organization, which was also identified as the likely culprit behind the attacks on Sony in 2014. In all likelihood, you read the headlines, and then you moved on to read the latest sports scores. Why? Because it doesn't relate to you. Or does it?
Driverless Cars
August 01, 2016
Autonomous vehicles, or self-driving cars, are close to becoming an everyday reality, whether you like it or not. This article is a study of benefits and concerns from a product liability point of view.
Admitting New Partners and Classes of Partners As the Demand for Legal Services Continues to Lag
August 01, 2016
A new survey of law firm leaders reveals that partners at a majority of the firms don't have enough work, and that demand for legal services is lagging behind pre-recession levels. Yet, despite this gloomy assessment, law firm leaders report that their partners are resistant to change.
Media & Communications: Learning from Politicians
August 01, 2016
For those of us in the communications industry, it has been mind-blowing to see how far Hillary Clinton and Donald Trump have gotten with all of the baggage they've brought along, outrageous statements they've made, and un-presidential things they've done. What can law firms learn from this?

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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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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