Are Lawyers' Invoices Privileged Communications?
September 29, 2004
Lawyers' billing invoices are not privileged attorney-client communications and must be produced when subpoenaed in a civil contempt hearing, the Pennsylvania Superior Court ruled in late September in a dispute over a guardian ad litem's fee request.
Can the Sequel Make More Money Than the Original?
September 28, 2004
Talk about a balance of power. Debtors want to sell assets for maximum value. Bidders want to buy cheaply and with finality. While debtors want flexible auctions, if the rules are open-ended, bidders will stay home. So what happens to bidder confidence when, after the auction concludes, but before the sale is approved, a late bidder offers more money? Bankruptcy courts must weigh the potential benefits to the estate against the reasonable expectations of the auction participants and the impact of accepting a late bid on the integrity of bankruptcy auctions. Recently, the Seventh Circuit examined this tension in <i>Corporate Assets, Inc. v. Paloian</i>, 368 F.3d 761 (7th Cir. 2004) (<i>Paloian</i>) [as analysed in last month's issue].
Turning Off The Lights: Safely Shutting Down An Insolvent Subsidiary
September 17, 2004
It is not uncommon for a holding company (or private equity fund) to have at least one operating subsidiary (or portfolio company) that is underperforming relative to the other companies it owns. Sometimes problems can be fixed and fortunes reversed. Other times, however, the subsidiary/portfolio company continues to struggle and may eventually become truly distressed and even insolvent. At some point, the strategic decision will be made to discontinue the operating subsidiary's business. When this occurs, strategy must be quickly developed and executed to minimize any ongoing losses and to maximize the recovery for the subsidiary's stakeholders. <br>Any business strategy should be approached with an informed understanding of the overall legal landscape, as well as the specific risks and potential rewards associated with each of the parent's available options. Likewise, the parent must understand its position in the decision-making process relative to those of the insolvent subsidiary's other obligees ' its creditors.
Expanding Law Firm Operations Globally
September 02, 2004
The June edition introduced numerous accounting-related issues that firms confront when they use foreign currencies. This new article raises additional accounting-related challenges of international compensation and taxation, while also highlighting the broader planning issues associated with a law firm's decision to expand its operations globally.
Compensation: Is <i>Not</i> Tracking Contributions a Good Idea?
September 02, 2004
Joel Rose authored last month's <i>A&FP</i> article on how to balance compensation for law firm partners whose strengths lay in origination, production and management. So <i>A&FP</i> sought his reaction to the following thought-provoking quote from Peter C. Lando and Matthew B. Lowrie.
Profitability RULES: Update on their Origin
September 02, 2004
Last month's sidebar article on "profitability levers" invited ' well, predicted ' corrections to my hearsay report on the origin of the RULES acronym for profitability factors: realization, utilization, leverage, expense control, and speed of billing and collection. <br>Joseph A. Bailey of PwC, a textbook coauthor cited in that sidebar and also the coauthor of this month's feature article on globalizing law firm operations, concurs with my source's belief that Bob Arndt was one of the RULES originators.
It's Not What You Bill, It's What You're Paid
August 13, 2004
Over the past two decades, the monitoring of legal bills by insurance firms that are paying for outside counsel has become standard practice. Whether using in-house accounting staff or hiring a third party, insurers have put attorneys on notice about what they will pay for, and how work must be documented. In turn, attorneys who defend insurance cases have had to adjust the way they do business.
News Briefs
August 10, 2004
Highlights of the latest franchising news from around the country.
An Examination of the Hotel Industry and Multi-Branded Franchisors
August 10, 2004
Franchises dominate such industries as fast food, automobile, rental car, and cosmetics, but perhaps no business model is as dependent on franchising as the hotel industry. As a result, the hotel industry presents an interesting study on how multi-branded franchisors deal with unique issues affecting the relationships between the franchisor and its franchisee, suppliers and vendors, and the traveling public.
