Survey Says ... In-House Lawyer Salaries Are On The Rise
November 22, 2004
For the past 30 years, Altman Weil, Inc. has conducted and published its annual Law Department Compensation Benchmarking Survey (the Survey). The Survey is an important tool that allows corporate human resource departments and CLOs to position lawyer compensation based on relevant benchmarks. Altman Weil's 2004 Edition of the Survey consists of salary, bonus and total compensation data earned by in-house lawyers in 2003. The Survey also reports specific information related to stock options and other incentives. <br>Surveys should never be the sole tool in determining lawyer compensation. They do, however, provide important benchmarking information to be used in conjunction with an individual's performance, professional background and specialty area, as well as other factors. This article focuses on the salaries of in-house lawyer positions.
Eight Ways To Save Money On Legal Fees
November 22, 2004
Some may wonder why a partner in a major law firm is going to tell you how to save money on litigation legal expenses. The answer is simple. My job, first and foremost, is to obtain the best possible result for my clients. In my view (and the view of my colleagues), achieving the best result includes cost efficiency and cost effectiveness. Over the course of 18 years, I have had a front row seat to a wide range of client approaches to managing ' or not managing ' legal fees.
Arbitration Clauses In International Contracts
November 22, 2004
Parties to all international contracts face different issues depending on whether the other contracting party is a privately owned enterprise or a State-owned entity. In both circumstances, the foreign investor may have legitimate concerns about the partiality the local judiciary may have towards parties from its own State if a contractual dispute arises and about the enforceability of any judgment against the local party. When the other contracting party is itself a Sovereign State, the foreign investor confronts the universal perception ' if not actual reality ' that a judiciary as a government entity may be controlled by the State and biased against the investor. <br>For international transactions, arbitration in a neutral forum offers the hope of reducing bias and avoiding parallel lawsuits in different countries.
The Tangled Web
November 22, 2004
Your marketing specialist approaches you with a great idea for Internet advertising ' purchasing trademarks of your company's competitors and for complimentary products as keywords to match Internet users conducting searches in your product category to an advertisement for your company. Do you advise your company to purchase third-party trademarks as keywords? How have the courts dealt with this scenario? How can you reduce risks associated with purchasing third party trademarks as keywords? What are the international implications? This article addresses these issues.
e-Discovery Worries?
November 01, 2004
Concern has arisen among corporate counsel that despite their best efforts at development and monitoring of electronic document retention programs, sanctions ranging from fines or adverse jury presumptions to default judgments may be imposed if electronic information is not handled correctly. Consider, for example, that a company recently was sanctioned $2.75 million after 11 key employees failed to comply with a "freeze" and lost electronic information as their computer files were overwritten for several months. <br>Recent proposals to amend the Federal Rules of Civil Procedure to account for electronic documents and to provide a "safe harbor" limitation on sanctions could provide some relief.
Hiring Independent Contractors Carries Hidden Risks
November 01, 2004
While the number of workers choosing to become independent contractors is growing, companies who hire them may face a hidden downside to this trend ' lengthy IRS or state audits, heavy fines, and discrimination lawsuits ' all due to employer misclassification of "1099 workers."
The Powerful Impact of The Non-Foreclosure Notice of Pendency
October 01, 2004
RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
Keeping The Attorney-Client Privilege In-House
September 28, 2004
Attorney-client privilege should technically apply equally to in-house and outside counsel. However, it has been narrowed in the context of in-house counsel, partly due to the fear that mere participation of in-house counsel will be used to seal off disclosure of information about the basis for business transactions simply by funneling their communications through an attorney. <br>Determining when the attorney-client privilege applies to in-house counsel is a fact-specific analysis complicated by different roles that in-house counsel play.
Forum Selection Clauses
September 28, 2004
The U.S. Supreme Court has long recognized that forum selection clauses are enforceable. These clauses have become "boilerplate" in all types of commercial contracts, since today's business reality requires that companies transact business with each other in multiple legal jurisdictions. Of course, once a dispute does arise, the selected forum is often more convenient and desirable for one party than the other. So the case law is replete with decisions on whether and to what extent these clauses are enforceable.<br>So how do you make your forum selection stick?
