Offshore Outsourcing: Trends and Issues
It's no longer sneaking up on anyone that outsourcing is not only here to stay, but on the rise. A key part in outsourcing ' whether it's help desk or other IT functions or more involved business operations ' is the transfer and/or licensing of intellectual property and technology. This two-part article looks at outsourcing growth and trends, laws and taxes outsourcers need to know, and special considerations involved in transferring IP. Part One provides a fascinating glimpse where outsourcing is headed and why, the different business models outsourcing companies use, and discusses how outsourcers can maintain quality control over the outsourced functions.
Where Do We Go From Here?
The increasingly familiar category of "Matter Management" is a niche area in the world of legal technology that has attracted more interest from in-house legal departments and their outside law firms in recent years. It's a category with humble beginnings and dynamic changes ' both in terms of the companies that develop the software and in terms of the features enjoyed by the users. <br>This article takes a brief look at the origins and evolution of matter management technology, and then offer a provocative assessment of what the future holds. Ultimately, it challenges members of the legal technology community to think about what will become more important: fancy technology or software that's easy to use?
The ICEman Cometh: How to Avoid Being Put On the 'Spot'
Concerns about domestic security post-9/11, fear that immigrants are moving here to take jobs away from "real" Americans, worries that foreign workers trained here will then "offshore" their positions ... all of these factors have nudged the federal government to more strictly scrutinize U.S. corporations' use of foreign-born talent. <br>The cornerstone of this scrutiny is the Worksite Enforcement Program, administered by the Department of Homeland Security's Bureau of Immigration and Customs Enforcement (ICE). This program is often referred to as the "spot visit program."
Compensating The Unique Practice Partner
How do you compensate the partner who has a unique practice within a law firm? Truly unique practice partners should be fairly uncommon, so first it makes sense to ask if a unique practice actually exists?
Legal Outsourcing Looks to the Heartland
Piper Rudnick partner Karen McWilliams is not the first busy lawyer to ask an assistant to arrange a birthday party for her daughter. She may, however, be among the first to have called on an assistant more than 2000 miles away from her office in Reston, VA. "I forget they're in North Dakota," McWilliams says. "I just dial the number and they're there." <br>"They" are the outsourced office staff who work for Piper Rudnick and other law firms out of a support center operated by the CBF Group in Fargo, ND. <br>At a time when discussions of outsourcing focus on possibilities in India, companies like CBF want lawyers to remember there is a "near shore" option as well. Renee Rutter, the president of CBF, is hoping her company will find a niche somewhere between the anonymous document processing work that may go to India and the front-line secretaries whom lawyers interact with every day.
Daubert Challenges: Doubly Interesting To Accountants
It's been a decade since the case entitled <i>Daubert v. Merrell Dow Pharmaceuticals, Inc.</i>, 509 U.S. 579 (1993), changed the rules by which federal judges determine the admissibility of expert testimony. <i>Daubert</i> and subsequent opinions refining it have established guidelines for ensuring that expert witnesses use credible methodologies for drawing their conclusions. Many state courts have adopted similar rules. <br>Daubert-related work in some types of litigation is now so costly that attorneys should anticipate it in deciding whether to accept a case. Doing so is aided by a good understanding of Daubert, however, and many attorneys hold a wide variety of misconceptions about the subject.
A Haven For Straight Talk: <b>Mystery Shopper</b>
At most firms, the transition to partnership requires that an attorney "buy into" the organization. The amount varies considerably, but it is often more than a year's salary. And partners almost always pay for their benefits out of pocket. And partners' draws are often wildly inconsistent from month to month. The eventual financial rewards of partnership can be huge, but the first couple years aren't easy. <br>And what do law firms do to prepare associates for partnership? If the three stories above are any indication, partners terrify associates, lead them to believe that marketing is a sign of corporate weakness and fail to educate them on the basics of firm finance. All that in preparation for the day when they'll be asked to "buy into" the partnership. If you're asking somebody to buy something, they're a customer. And firms should treat associates like customers from the day they begin interviewing until the day they make partner.
Prospecting Among Nonprofit Boards: A Case Study
You've heard the story before and it goes like this. A hardworking associate has served the firm well and is made partner, but he has no practice development experience and no business. Now, he is advised that his world has changed and he must get out from behind his desk and generate business. Notwithstanding his status as a top-performing attorney, he now faces the painful task of prospecting for new clients. Does this sound familiar?