Disrupting the Lawyer Ratings Paradigm
February 28, 2008
For nearly 150 years, clients' opinions about their lawyers have been relegated to word of mouth. Information passed on in this manner is not recorded in any organized way and is therefore not available to the general public. In that time, the only organized source of information about lawyers came from lawyers themselves. All of that is now changing in a rapid, dramatic and explosive fashion, opening new channels and communities of information for legal services consumers, and creating exciting marketing and business development opportunities for lawyers and law firms.
Trendspotting @ LegalTech
February 28, 2008
Like the rest of the community, I make my annual pilgrimage to LegalTech New York to see old friends, gauge where technology has taken us and to gain insight on the direction in which we are headed. (I also go to replenish my swag. My favorite item is still the crisp two-dollar bill from Lex on Demand, but a few companies were making luggage tags from business cards, which I liked, and others were giving away flash drives, which I needed. And Kroll Ontrack Inc.'s 10-minute massage was a nice addition to the mix.)
VoIP: Hype or Reality?
February 28, 2008
Many people use free or consumer-class Voice over Internet Protocol ('VoIP') solutions and make long-distance calls for 'free.' But is this VoIP technology suitable for a law firm? Will it provide the business-class security and reliability expected in a phone system?
The Securities Act of 1933: Assessing and Managing IP Liability
February 28, 2008
Given the potential liability exposure established under the Securities Act of 1933, it is becoming increasingly important that a company's internal management and outside advisers thoroughly understand the IP-related risks associated with the realization of corporate value.
Dealing with Merger Financial Data
February 28, 2008
When two law firms undertake merger discussions, they eventually exchange financial information. Typically, this exchange is anticipated from both a curiosity standpoint as well as a practical standpoint. Ultimately no merger will occur if it does not make good economic sense; therefore, critical financial review is essential.
Practice Tip: Lessons from the 'Bumbo Baby Sitter' Recall
February 28, 2008
In the wake of a consumer product company's decision to offer revised warning labels for roughly one million of its baby seats, plaintiffs' lawyers have filed at least two new product liability lawsuits against the company and one of the seat's retailers, including a putative nationwide 'economic loss' class action. This 'recall' highlights significant risk management issues for consumer product manufacturers, including a possible 'disconnect' between written warnings and advertising that allegedly depicts improper usage of their products.
Fantasy Baseball First Amendment Rights
February 28, 2008
Recently, the right of publicity of baseball players featured prominently in a federal appellate decision. <i>C.A.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P.</i> The Eighth Circuit concluded that the First Amendment rights to run a fantasy baseball league by using the names, performance, and biographical data of professional baseball players superseded the players' rights of publicity.
Attorney Telecommuting
February 27, 2008
Telecommuting is all the rage in many sectors of our economy. With increasing regularity, lawyers and their firms alike are participating in this trend. Modern technology is a wonderful thing, and telecommuting permits firms (law and other types) to spread their tentacles into far-off uncharted waters. For attorneys and law firms, is telecommuting a bridge over troubled waters, or a long walk on a short pier? That is the question I address in this article.
Expert Witness vs. Trial Consultant
February 27, 2008
The field of forensic psychology as applied to Family and Supreme Court matters involving custody and access issues has evolved in its complexity and breadth over the last three decades to encompass a broader range of professional activities. The forensic psychology literature has begun to provide more specific guidance regarding the 'do's and don't's' of both expert witness work and trial consultancy.
