What You Need to Know About a Debtor's Leased Computers
December 01, 2003
Every lessor and bankruptcy professional understands that the Chapter 7 trustee has the duty to investigate the financial affairs of the debtor and to ensure that books and records are properly turned over in accordance with Section 704. The debtor has the obligation, under Section 521(4), to "surrender to the trustee all property of the estate and any recorded information, including books, documents, records, and papers relating to property of the estate, whether or not immunity is granted under Section 344 of this title." Likewise, Chapter 11 and Chapter 13 trustees and debtors have similar duties and responsibilities.
Service Provides Useful Features for E-Discovery
December 01, 2003
Continuing the trend of informing readers about helpful online services (See October <i>PLLS</i> Online for a description of CourtLink and November <i>PLLS</i> Online for EDOCKET), this month's column describes an electronic discovery service that may be useful in complicated product liability litigation. We are not recommending the service; we merely inform our readers of its existence and its claims.
Bush Signs Anti-Spam Bill
November 25, 2003
On Dec. 16, President George W. Bush signed the "can spam" legislation passed earlier in the month by Congress. The legislation provides for jail time and hefty fines for serious violators and calls for the creation of a "do not spam" registry.
News from the FDA
November 10, 2003
All the latest FDA news and information you need to know.
Selling a Law Practice: Prospects and Pitfalls
November 01, 2003
Large firms have long had well-defined methods for transferring ownership interests in a practice via "mergers," "retirements," "breakups," etc. Attorneys in larger firms have also always had mechanisms in place that provided them and their heirs with funding for the value of their individual interests in the firm. By contrast, the outright "sale" of a law practice from one attorney to another was prohibited for decades. In 1991, however, the ABA dropped its opposition. California had already permitted such sales since 1989, and more states have now followed suit; so the mechanisms for selling a practice have been developing, albeit slowly. These changes are economically vital for small-firm and sole practitioners. Many of these attorneys tend to conclude their law practice without any transfer of ownership, by just closing their office doors one day and never returning. By doing so, an attorney forgoes "cashing in" on a valuable asset that has taken many years to build. That no longer has to happen. Like their counterparts in large firms, sole and small-firm practitioners ' and their heirs ' can now reap the rewards of years of effort. This levels the economic playing field for retirement and estate planning.
Improving Law Firm Profitability Without Working Longer Hours or Raising Rates
November 01, 2003
Last month, in Part One of this article, I discussed three major approaches to enhancing law firm profitability: expanding your client base; assertively managing billing, receivables and payables; and unbundling operating costs from bills for fees. Previously, in the August 2003 edition of this newsletter, I described a fourth major profitability approach: management of alternative billing strategies. This month's article concludes my overview of profitability improvement methods by summarizing 10 more techniques.
IP News
November 01, 2003
Highlights of the latest intellectual property news and cases from around the country.
<b><i>Practice Tip</b></i>Security on the Desktop
November 01, 2003
Information security has come to play an extremely vital role in today's business environment. Whether you are a solo practitioner or an IT Director of an AmLaw 100 or 200 firm, how can you best protect your company's data from being compromised? Anyone who experienced the "Slammer Worm" attack last January or the "So Big Worm" this past August knows the astonishing speed these viruses spread across the Internet. Hundreds of thousands of networks were affected within hours of each of those outbreaks. What is even more disconcerting is that in the case of the Slammer Worm, the attack exploited a well-known vulnerability in SQL Server; one which Microsoft had already fixed in a patch six months earlier. For mid- to large-size firms, a security policy is of paramount importance in order to ensure that the most appropriate security measures have been implemented with an acceptable level of competency and consistency throughout the organization. Physical desktop security, password best practices, virus protection, software installation and e-mail best practices are a few of the subjects that would form the core of the security policy document.
Evidence Comes to Life with the Click of a Mouse
November 01, 2003
From humble beginnings in 1951 when the first blackboard was used in a courtroom, visual props have evolved in sophistication. The blackboard led to flip charts and photo enlargements, overhead projection, the playing of videotapes and now to the integration of sight and sound with electronic slide presentations. While props in the courtroom provide razzle-dazzle to keep jurors attentive, they should never be overlooked in situations such as settlement conferences, mediations and arbitrations where strict evidentiary rules do not apply.
Case Briefs
November 01, 2003
Highlights of the latest insurance cases from around the country.
