Are Instant Messages Discoverable?
July 01, 2004
The popularity of IM has grown explosively, especially among young users. Initially perceived, inside and outside of corporations, as a frivolous time waster ' a way for teens to dish gossip with their friends or a substitute for employee water-cooler conversations about the Friends finale ' IM is being embraced by corporate workers nationwide. It is now increasingly common for employees to use IM to conduct business that previously was conducted over the phone. Consider, for example, the possibility of using IM as a free alternative to long distance ' particularly international ' phone calls. It allows friends and colleagues to chat and multitask during meetings or while doing other things. Many workers have recognized the benefits of this new communication medium and adapted their business practices to take advantage of it.
10 Reasons Why Delaware is the Leading Formation State
July 01, 2004
Delaware, with over 500,000 domestic corporations, LLCs and other entities ' including more than 50% of the country's publicly traded corporations and 58% of the Fortune 500 ' is without question the leading formation state in the country. According to the "Delaware's Business Entity Laws" seminar currently running as part of CT Corporation's 2004 seminar series, there are numerous reasons why business owners, managers and lawyers choose Delaware.
Employers On Alert!
July 01, 2004
On June 14, 2004, the United States Supreme Court decided a sexual harassment case that has consequences for nearly every employer, regardless of industry. <br>What the Supreme Court did in <i>Pennsylvania State Police v. Suders</i>, however, was to unequivocally establish that Title VII applies when employees are forced to quit for unlawful reasons (constructive discharges) and that the degree of a supervisor's involvement in a hostile environment may be all that stands between strict liability and a trial over whether the employer had effective policies and procedures to address harassment.
The ICEman Cometh: How to Avoid Being Put On the 'Spot'
July 01, 2004
Concerns about domestic security post-9/11, fear that immigrants are moving here to take jobs away from "real" Americans, worries that foreign workers trained here will then "offshore" their positions ... all of these factors have nudged the federal government to more strictly scrutinize U.S. corporations' use of foreign-born talent. <br>The cornerstone of this scrutiny is the Worksite Enforcement Program, administered by the Department of Homeland Security's Bureau of Immigration and Customs Enforcement (ICE). This program is often referred to as the "spot visit program."
Much Ado About Very Little: Revised Overtime Pay Regulations
July 01, 2004
The publicity and Congressional reaction surrounding the United States Department of Labor (DOL)'s proposed changes to the overtime pay regulations suggests that those modifications would result in a radical departure from the existing state of the law. An objective review of the changes, however, as initially proposed and as finally implemented reveals that the DOL actually did little to alter the legal landscape.
Compensating The Unique Practice Partner
July 01, 2004
How do you compensate the partner who has a unique practice within a law firm? Truly unique practice partners should be fairly uncommon, so first it makes sense to ask if a unique practice actually exists?
Boosting Receivables: One Large Firm's Approach
July 01, 2004
Cash flow is the lifeblood of any business. In law firms, where so much is dependent upon maintaining good relationships, getting clients to pay on time can be a delicate, sometimes frustrating, exercise. Smart firms are using everything from technology tools to psychological savvy to improve their realization rates. The efforts are paying off. Firms are getting paid almost 30% faster than in 1995, says Citigroup Private Bank. The challenge today is maintaining that momentum at a time when operations are increasingly dispersed and complex.
Legal Outsourcing Looks to the Heartland
July 01, 2004
Piper Rudnick partner Karen McWilliams is not the first busy lawyer to ask an assistant to arrange a birthday party for her daughter. She may, however, be among the first to have called on an assistant more than 2000 miles away from her office in Reston, VA. "I forget they're in North Dakota," McWilliams says. "I just dial the number and they're there." <br>"They" are the outsourced office staff who work for Piper Rudnick and other law firms out of a support center operated by the CBF Group in Fargo, ND. <br>At a time when discussions of outsourcing focus on possibilities in India, companies like CBF want lawyers to remember there is a "near shore" option as well. Renee Rutter, the president of CBF, is hoping her company will find a niche somewhere between the anonymous document processing work that may go to India and the front-line secretaries whom lawyers interact with every day.
Daubert Challenges: Doubly Interesting To Accountants
July 01, 2004
It's been a decade since the case entitled <i>Daubert v. Merrell Dow Pharmaceuticals, Inc.</i>, 509 U.S. 579 (1993), changed the rules by which federal judges determine the admissibility of expert testimony. <i>Daubert</i> and subsequent opinions refining it have established guidelines for ensuring that expert witnesses use credible methodologies for drawing their conclusions. Many state courts have adopted similar rules. <br>Daubert-related work in some types of litigation is now so costly that attorneys should anticipate it in deciding whether to accept a case. Doing so is aided by a good understanding of Daubert, however, and many attorneys hold a wide variety of misconceptions about the subject.
