Beware The Temptations of Short-Term Thinking
October 02, 2003
I recently had a discussion with a client about the issue of firms backing away from supporting practices that were hot and now are in the doldrums but are likely to bounce back. He had been vigorously sought after as an information technology and corporate lawyer just a few years ago. Since technology is not bound to disappear from or be less important in our lives, these areas of practice can be predicted to have a sunny future.
Employee Giving In An Age Of Skepticism
October 02, 2003
'Creative' accounting practices ' bigwigs who duplicitously line their own pockets at the expense of workers ' financial mismanagement that leads to reams of bad publicity. If this list sounds like snippets from news stories about corporate scandals a la Enron, think again. It actually refers to public impressions of the charity scandals that have sprung up like dandelions in the past couple of years. And yet, the wave of skepticism that now faces nonprofits feels an awful lot like that generated by their for-profit brethren. So if you're a law firm wishing to institute a workplace giving or volunteering program, what's the solution?
HIPAA Health Data Privacy Rules: Final Regs Issued
October 02, 2003
The Department of Health and Human Services issued final regulations under the Health Insurance Portability and Accountability Act (HIPAA) protecting the privacy of individually identifiable health records. The regulations are intended to ensure the security of medical records and other personal health information maintained by health care providers, hospitals, health plans, health insurers, and health care clearinghouses. Most health plans are required to be in compliance with the new rules as of April 14, 2003 (small plans have an extra year).
AROUND THE FIRMS
October 02, 2003
Former Attorney Cannot Sue Counsel Who Takes Over a Case. US District Judge Berle M. Schiller of the Eastern District of Pennsylvania presented a seven-page opinion declaring that because a lawyer's withdrawal from a case severs the attorney-client relationship, an attorney who then assumes the case and obtains a settlement cannot be subjected to a lawsuit for part of the fee; nor can the new attorney be sued for intervention in the former lawyer's relationship. Frederick v. Davitt, No. 02-8263. Also, after discovering their contingent fee agreement's ubiquitously worded arbitration clause, which called for any fee debate's mediation, Judge Schiller dismissed the former attorneys' claims against the client.
Time to Reflect and Plan
October 02, 2003
Management teams in law firms have a big job ahead. Namely, staying ahead of the competition, providing value added to clients, identifying team leaders and providing appropriate training for those leaders, assessing current service offerings and building differentiation into those offerings. In sum, there is a lot on management teams' plates, to say the least.
Partner Evaluations Improve Firm Performance
October 02, 2003
Associates and partners have different attitudes about certain things. One is regarding evaluations. Associates generally want feedback and evaluations on their work and performance. In fact, they usually complain if they are not receiving them. On the other hand, partners in many firms resist or even resent being evaluated, although it's often the initial step in determining a partner's compensation.
Just A Joke: The Parody Defense In Domain Name Cases
October 02, 2003
When should a third party be able to incorporate a trademark in a domain name as a form of parody? Historically the question of parody has more often been raised in copyright infringement cases where the defendant concedes that he has used a copyrighted work, but has done so in order to make a social criticism or comment. Generally courts will examine such claims by looking at whether the amount of the copyrighted work taken was no more than necessary to conjure up the original in the mind of the targeted audience and whether the parody was commenting on the copyrighted work or merely using the creativity of another to make a statement about some unrelated topic or issue. <i>See eg, Elsmere Music, Inc v. National Broadcasting Co.</i>, 482 F. Supp. 741, 747 (S.D.N.Y. 1980), aff'd, 623 F.2d 252 (2d Cir. 1980) (finding Saturday Night Live's use of 'I Love Sodom' to be protected parody of 'I Love New York').
The Battle over Mold: Report from the Front
October 02, 2003
Over the last 2 years, there has been an explosion in lawsuits by owners of residential and commercial properties seeking compensation for the cost of remediating mold-related damage. Mold has become the new 'tort du jour' in the construction industry. With the rise in mold claims, homeowners and owners of commercial property have scurried to review their first-party property insurance policies to determine whether they are insured for such damage.
CASE BRIEFS
October 02, 2003
Highlights of the latest insurance cases from around the country.
What You Need to Know About EPLI
October 02, 2003
Even one relatively simple single-plaintiff employment discrimination lawsuit may result in substantial losses, which can be devastating for small- to mid-sized employers, particularly if punitive damages are awarded. And the legal expenses of defending such a lawsuit, even if successful, may be just as costly as losing the court battle. Moreover, the number of discrimination cases remains on the rise ' sexual harassment charges alone jumped nearly 50% from 1992 to 2001.
