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Too many of our firms are filled with frustration: frustration with leadership, frustration with followership, and frustration with fellowship. One source of this irritation is the disconnect between the boundless potential of high-achieving lawyers and the suffocating constraints of the firms in which they work. Some of the best and brightest minds in our society, people with exceptionally high values and aspirations, find themselves stuck in firms that fail to meet their lofty standards. Here's what to do about it.

As Chief Officer of Recruitment and Development at K&L Gates, Susan Fried oversees much more than staffing and retention. Working collaboratively with the firm's leadership since her arrival there in 2002, Susan has been instrumental in establishing innovative programs aimed at growing a diverse force of associates into great attorneys.

How to implement a Rapid Assessment to help get your marketing initiative back on the right track.

In this unusual economy, the emphasis this year will be placed on those firms that have created unique business development strategies utilizing marketing and communications tools without 'breaking the bank,' the bank being the marketing/communications budgets. Firms that have done more with less will receive greater attention.</p><p><b>Criteria for Selection</b></p><p>Law firms of 100 attorneys or more are eligible to enter. Each firm will be required to submit an essay of 1,000 words (segmented by topic, <I>e.g.</I>, if you are describing 'Marketing Strategy,' please begin your description with the category subheading) describing its marketing and communications program. If you are submitting an essay based on only one of the categories, be sure to indicate that at the beginning of your essay. Firms are encouraged to cover as many of the categories as possible, but if a firm has achieved remarkable success in one particular area, that firm will be given the same consideration as those that cover all of the categories Each firm should indicate on its submission the names of the person(s) submitting the entry, his or her title, and contact information. The following categories will be used to evaluate each firm:</p><p><b>Marketing Strategy</b></p><p>Formal plan (<i>i.e.</i>, needs assessment, overall firm plan, target industries, practice area plans, proposal strategy for major engagements and new-business pipeline reports, cross marketing, individual marketing plans); an example of a success, including implementation and cost; whether or not a yearly budget is created, and the criteria used in creating the plan with line item examples; and examples of major new initiatives.</p><p><b>Results</b></p><p>Measurable return-on-investment in specific efforts, how expenditures on specific strategies and tactics resulted in new clients, matters and/or additional profits.</p><p><b>Marketing Department</b></p><p>Staffing ' including 'who does what' and why; size of staff; deployment of staff; CMO/Director reporting requirements; committee (if applicable); process for integrating new professionals into the team; retention efforts; professional development opportunities for the marketing staff; ratio of professionals to lawyers; and cutting-edge positions.</p><p><b>Communications/Public Relations/Media Relations</b></p><p>Objectives, strategies, planning and implementation. Where possible, demonstrate integration with marketing programs. Tie results achieved to planned objectives. Estimate budget and whether internal or public relations agency resources spearheaded the efforts. Emphasize sustained efforts and proactive approaches to communicating with target audiences using internal and external communications to influence the visibility, image and reputation of the practice or firm. Describe specific ways external and internal communications strategies were used to demonstrate the knowledge of individual practitioners and/or firm. Explain ways your firm develops ongoing relationships with the news media to stimulate media inquiries, interviews, bylined articles, case histories, speaker platforms, seminars, trade shows and community involvement. Quantify/measure results achieved contrasting pre- and post-program conditions</p><p><b>Commitment</b></p><p>Marketing requirements for partners and associates, training programs, percentage of gross revenue as applied to marketing; participation of marketing partner on governing body of firm.</p><p><b>Advertising and Visual Communications</b></p><p>Approach, implementation and one example of a return on investment.</p><p><b>Technology</b></p><p>How technology intersects with marketing, communications and business development, including partnering with clients and prospective clients, <i>e.g.</i>, audio/video podcasts and blogs. This section also includes the revamping of Web sites to increase traffic to site.</p><p><b>Client Service Programs</b></p><p>Goal setting, client service teams, client surveys, co-branding with clients, co-producing events, etc. Metrics and ROI will also be taken into consideration.</p><p><b>Outreach</b></p><p>Community activities, pro bono and diversity programs that utilize marketing strategy and communications.</p><p>DEADLINE FOR SUBMISSIONS IS MONDAY, SEPT. 29, 2008. All submissions must be sent via e-mail only to Elizabeth Anne 'Betiayn' Tursi, Editor-in-Chief, <I>Marketing The Law Firm</I> at <a href="mailto:[email protected]">[email protected]</a>. Any collateral materials accompanying the essay must also be in a format that can be transmitted via e-mail.

This article addresses the Second Circuit's decision affirming the application of the 'government contractor defense' to preclude the plaintiffs' claims asserted against the companies that had manufactured the herbicides. Under the government contractor defense, a private manufacturer is immunized from liability where it has made a product in accordance with specifications formulated by the government.

Like many organizations, title inflation has befallen law firms. Clearly, titles are important. Despite the temporary de-emphasis during the 'dot-com' era, titles are fundamental to any organizational design especially in a law firm setting where a more hierarchical model has always been valued. Used correctly, it can represent a way to reward, and in theory retain, talent. Positioning the marketing function at the 'C' level seems to make good sense, for the firm and certainly the executive. Despite this, before taking on the title ask yourself; am I getting a seat at the table or on the edge of a cliff?

In another Ninth Circuit case involving Microsoft Corporation, a district court ruled last fall that a software company is entitled to recover statutory damages under both the Copyright and Lanham Acts against those who sell and distribute counterfeit software, where the software maker suffers distinct injuries to different interests as a result of the infringement. <i>Microsoft v. Evans</i>. This Eastern District of California decision reflects what may be a growing trend regarding the issue of awarding statutory damages under both copyright and trademark law for a single act that violates aspects of both statutes.

Highlights of the latest equipment leasing news from around the country.

Brian Short, a real estate finance attorney, has joined Texas law firm Winstead PC as a shareholder. He will be located in the firm's Dallas office, working with the Real Estate Structured Finance Practice Group in the Business &amp; Transactions Department. Short returns to Winstead after a short tenure at Morris, Manning &amp; Martin, LLP, where he was a partner in the firm's capital financial markets, commercial lending and real estate development and finance groups.&#133;

In addition to targeting counterfeiters, copyright and trademark holders have started going after commercial landlords whose tenants deal in fake merchandise. It is felt that this new strategy is needed in part because the counterfeiting retailers possess very few assets that can be seized and liquidated to compensate the copyright or trademark holder.