D&O Liability
May 27, 2009
Delaware courts have recently issued decisions that may impact the number and types of claims brought by shareholders of Delaware companies seeking to hold directors and officers personally liable under various claims, in particular in connection with the current economic crisis.
Capturing the Current Mood
May 26, 2009
Implicit in all the stories about layoffs or hourly versus value billing, the fundamental question is whether the severity of the economic downturn will permanently change what law firms look like and how they operate. Can they ever again support the notorious salary structures and leverage strategies of the past?
Business Plans: A New Reality
May 26, 2009
Now that the legal industry is reeling from losses, layoffs and downsizings, lateral hires are being run through an even more stringent gauntlet. Many firms now want to see business plans from all lateral partner candidates.
Trouble in Lease Land
May 26, 2009
Retail landlords know a tenant is in trouble when rent payments are late or cease altogether, when the tenant's store is not well stocked with new merchandise, or when the physical condition of the store deteriorates. Retail tenants know that a shopping center is in trouble when an increasing number of stores are dark, or the maintenance of the common areas or other services have declined. Here's what to do.
What Tenants Are Asking of Their Landlords in Challenging Economic Times
May 26, 2009
The current economic slowdown has been particularly hard on the retail industry. Operating retail stores in times of economic uncertainty has placed most real estate professionals in uncharted waters. Tenants are looking to their landlords for economic relief to meet the challenges of operating their stores without incurring unacceptable losses during these turbulent times. This special issue of Commercial Leasing Law & Strategy discusses difficulties arising in the context of retail leasing.
How to Use and Not Lose Experts in Criminal Cases
May 26, 2009
Rare is the white-collar case today where an expert witness does not play a powerful role. But the vagueness in expert disclosure rules in criminal cases can lead unwary defense counsel to forfeit an expert entirely.
ATTORNEY MARKETING IN THE CURRENT ECONOMY
May 19, 2009
ATTORNEY MARKETING IN THE CURRENT ECONOMY - There's a big theme underlying current legal business headlines. And the underlying question is can large firms ever again support the notorious salary structures and leverage strategies of the past? My own experience confirms that mid-and smaller law firms clearly sense a chance to really thrive in this environment. For corporate and agency clients meeting with legal sales teams, the big firm "safety sell" may be neutralized as clients…
Knock, Knock: Surprise, Opportunity's Here
April 30, 2009
Opportunity knocks when you least expect it ' but will it knock when the economy is in freefall and the legal profession is seeing some of its worst layoffs ever? Whether you're an e-commerce attorney, or engage in general practice, the economy can visit your firm ' whether a large partnership or a one-person shop ' and deal a blow. The answer: maybe, if you network!
Boom, Boom, Boom
April 30, 2009
While it is helpful to be able to research issues online and communicate with key employees while sitting at the board table, I find that the level of distraction from the board's deliberations has diminished the value of these meetings, for me and for the company. While this problem is certainly not limited to e-commerce or technology firms, I think that the great reliance on such technology by their executives and directors makes the legal duty to "pay attention" even more of a pressing issue for such firms.
Who Should Monitor Online Counterfeiters?
April 30, 2009
Oral arguments will soon be heard by the U.S. Court of Appeals for the Second Circuit in the highly watched dispute between renowned jeweler Tiffany & Co. and eBay, the popular online auction site, over who bears the burden of "policing" online counterfeit activity. Evidencing the tension between e-commerce and brand owners, eBay, Tiffany and several amici curiae have advanced their positions to the circuit. This article summarizes some of the arguments.
