The Rich Are Different
April 27, 2006
A clash of attitudes colors the current debate over the extent to which the Sarbanes-Oxley Act of 2002 (SOX) should apply to small public companies. The most visible argument is that small companies should not have to shoulder the same compliance burdens as large companies do, simply because they can't afford to. But that premise is being challenged by studies, derided by a number of commentators, and viewed with public skepticism even by some SEC Commissioners. It assumes that were money no object, small and large companies should be regulated the same. If that assumption is true, then any argument for relaxed compliance that hinges on expense is vulnerable. Cost seldom satisfies as a reason for not doing something that ought otherwise be done. However, it is wrong to assume that the main difference between small and large companies is how much money they have. Large and small companies play very different roles in the national economy and in the minds of investors. The very large companies really are different than their smaller brethren, and not just because they have more money.
Proving ROI on Marketing By Measuring Marketing Effectiveness
April 27, 2006
Management guru and author Peter Drucker said, 'If you can't measure it, you can't manage it.' So why is it that so few law firms measure their marketing efforts? Why is it that so many CMOs that are getting hammered by partners to demonstrate ROI on their efforts can't do it?
PM Forum North America, New York Chapter: The New and Improved Version!
April 27, 2006
Back in 2004, I wrote an article announcing that the PM Forum was arriving here in the U.S. and that the New York Chapter was being launched. That was then and this is now. The new and improved version is having its inaugural soiree in New York City on May 4th from 6:00 p.m. to 9:00 p.m. at the Club Metropolitan.
<b>Technology In Marketing: </b> Attorney Blogging: Best Practices
April 27, 2006
Obtaining a high search-engine ranking may no longer be enough to realize the business potential of a blog. The reason is that as the use of blogs as a marketing tool proliferates among lawyers, differences in quality between blogs covering the same topic will become evident. There are only so many blogs that prospective clients can read on a daily basis, and as the number of choices grow, readers will become more and more selective. It is therefore critical for any lawyer launching a blog to consider 'best practices' that will set his or her blog apart from the pack.
<b>Media & Communication Corner: </b>Securing Media Coverage in Key Publications
April 27, 2006
The second installation of our series exploring the inside scoop from top media outlets took us to Chicago-based InsideCounsel. The longest-running monthly magazine serving general counsel and other in-house legal professionals, Inside-Counsel is the evolution of the former Corporate Legal Times, which was launched in 1991. We spoke with executive editor Robert Vosper to discuss the magazine's success and discover how he determines what stories and issues get covered.
<b>Op-Ed:</b> The Land of Wannabe
April 27, 2006
It will come as no surprise to anyone reading this piece that law firm marketing is still, for the most part, not getting the respect that it has so desperately sought. For the past 17 years, I have watched with great anticipation as to whether law firm management would embrace marketing as a vehicle to enabling law firms to better compete. But alas, all I have been witness to is a revolving door of directors and, more recently, Chief Marketing Officers who come and go at a rate that belies understanding.<br>I'm certainly not the first to report on this constant rotation of marketing executives, but I think I'll be the first to give an honest assessment of why there is such a turnover in our industry.
The Art of the Handshake
April 27, 2006
Though it may seem inconsequential, a handshake is in fact a serious step in intimacy. In the same manner that animals define and defend their territories, we humans develop a sense of 'ownership' for the space around us. This territory, which is but a few inches, is nonetheless a sort of 'personal space' bubble, and we react strongly if it is invaded. <br>No matter how large or small the bubble may be, in every case the physical contact involved in a handshake requires that this barrier be suspended, if only for a moment. In the manner of a drawbridge brought down to allow a knight to cross a moat and enter the castle, lowering the personal space barriers to shake hands is an act of trust, and so creates trust. In fact, a handshake can be seen as the first step in a relationship.
Mold to Model the Community Active Law Firm
April 27, 2006
As law firms grow and become more interested in the international, national and regional marketplace, their involvement in the local community has begun to wane. This has left a gaping hole in many places that have relied on the large firms to bankroll charitable events or to populate the important boards. It has opened a door to local- and state-oriented law firms to step forward and implement a strategy that will create a new law firm culture that I call 'Community Active' in order to fill the void left by the mega firms.
First and Second Liens
April 27, 2006
One of the leading issues currently faced by bankruptcy practitioners can be found in the frequently recurring disputes between first and second lienholders ' an issue that was recently addressed in the context of a ' 363 sale. In <i>Contrarian Funds, LLC v. Westpoint Stevens, Inc.</i> (<i>In re Westpoint Stevens, Inc.</i>), 333 B.R. 30 (S.D.N.Y. 2005), the United States District Court for the Southern District of New York (the District Court) reversed a ' 363(b) sale order (Sale Order) of the bankruptcy court on the grounds that the Sale Order authorized an in-kind distribution of equities ' rather than cash ' to first lien holders outside the Chapter 11 plan confirmation process.
The Basics of Hiring A Contract Attorney
April 27, 2006
Law firms use contract attorneys to aid in large-scale document reviews such as those often required in e-discovery, and for mergers, internal audits and other matters that require an influx of temporary help. Of course, the subject matter involved in these wide-ranging projects varies, which makes contractors an ideal solution for dynamic business. If a project requires that attorneys or other workers who are or may be involved have a specific background, then law firms, or the agencies they hire, may well be better positioned using temporary workers who also may be making a specialty of the work required, such as the search, classification and other specific functions required in e-discovery. And often, projects require only a general legal background, which makes finding candidates far easier. But whatever the situation that demands looking for short-term or long-term employees ' for staff positions or contract work ' firms should consider the key factors when hiring contract attorneys.
