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CD: AMLAW 100 Web Sites and Legal Industry Blogs: Foundational Best Practices
September 30, 2005
Law firm Web sites are ten years old, so we finally have enough data to analyze 'foundational best practices' for legal industry Web sites. Deborah McMurray Associates and Content Pilot LLC commissioned the first annual best practices analysis of the AMLAW 100 Web sites.
Privacy and Security Obligations of Banks and Financial Institutions: An Overview of Federal Requirements
September 20, 2005
Businesses and regulators alike are re-evaluating policies, procedures, and systems for protecting private data in light of recent high-profile security breaches. In addition to increased scrutiny from the public at large, financial institutions face a growing body of law addressing the privacy and security of customer data.
A Word from the Editor: Privacy and Data Protection Issues Are Here to Stay
September 20, 2005
Privacy has been described as <i>"the right to be let alone,"</i> a phrase popularized in an 1890 <i>Harvard Law Review</i> article by the future U.S. Supreme Court justice Louis Brandeis in which he expressed concerns about the threat posed by technology to an individual's control over his own personal information. At the close of the 19th century, the perceived technological threat to privacy was the spread of cheap photography and high-speed printing. Imagine what Justice Brandeis would think of today's camera phones, global positioning systems, employer surveillance of e-mail, and customer relationship management systems, not to mention the myriad other technological developments of the last 115 years.
Utah and Michigan 'Do Not E-mail' Programs Take Effect
September 20, 2005
Two states ' Michigan and Utah ' now prohibit the sending of certain kinds of e-mail messages to destinations listed on state-maintained registries. The new laws are directly at variance with the policy of the federal government, which so far has declined to adopt a "Do Not E-mail" list. But unless and until the Michigan and Utah registries are declared to be pre-empted by federal law, affected businesses should obtain and comply with those states' registries.
Developing Effective Information Security Programs
September 20, 2005
For many years, financial institutions and other entities that collect personal information focused on privacy as an emerging legal doctrine presenting compliance challenges and an array of business implications. These issues, while still important and subject to ongoing debate and tinkering, have become, for many financial institutions, an automatic component of ongoing business activities. Now, with all of the attention focused on security of customer information driven by the recent flood of news stories concerning security breaches in numerous industries, privacy's ugly stepchild &mdash; the security of consumer information &mdash; has moved to the forefront of concern, both for financial institutions and the various entities that regulate and oversee them. News stories reporting security breaches are an almost daily occurrence. New legislation is being introduced almost constantly, at both the state and national level. While financial institutions already face a raft of security-related compliance obligations, including the Gramm-Leach-Bliley Act and others, financial institutions and their important business partners have been a focus of many of the most highly publicized breaches.
Basics Revisited: Attributes of Intelligent Decision Support
September 06, 2005
With a multiplicity of advanced decision support tools now available to law firm managers, it's important not to lose sight of key criteria for appraising all such systems. To facilitate effective decision-making, the designers and implementers of any reporting or BI system should aspire to these attributes: decision usefulness, relevance, reliability, timeliness and understandability.
Up From Report Writers: How BI Excels
September 06, 2005
So what's all this excitement about Business Intelligence? You already have a pretty good report writer built right into your time-and-billing system. Your vendor provides over 50 pre-designed reports, each with selection options. Moreover, you have someone on staff that knows Crystal Report Writer. Isn't this all you need? <br>No, it's not. Today's law firm managers need more powerful and flexible access to financial information than canned or even custom-programmed report writers can deliver.
Delivering Actionable Information To Front-line Lawyers
September 06, 2005
Accounting and other enterprise systems amass information that is, almost by definition, not actionable by front-line lawyers. Volume of data is inherently at odds with actionability, and a good enterprise system must accommodate volume. It must account for every circumstance, every variable, every iteration. Much of this volume is chaff to lawyers. To be useful, the wheat must be winnowed out and presented to the pricing and staffing decision makers themselves (<i>ie</i>, not just to green eyeshade types deep in the firm).
Improved Budgeting: One BI Product's Approach
September 06, 2005
[Editor's Note: I've appreciated the cooperation and restraint of all authors in not dwelling on the sales points for their particular Business Intelligence…
Staying Competitive in the Lateral Partner Market
September 06, 2005
Over the years, it has become clear to me that being successful in the lateral market has as much to do with a firm's recruiting process as with the firm's AmLaw ranking. Those who understand the game, regardless of their size, regularly outperform those who just don't "get it." Below is an examination of some factors that separates the players from the also-rans.

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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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