The USA Patriot Act and Private Equity Funds
August 03, 2003
The Patriot Act was signed into law by President Bush on October 26, 2001. Title III of the Act impacts the anti-money laundering provisions of the Bank Secrecy Act (BSA). The amendments were made to promote the prevention, detection, and prosecution of international money laundering and the financing of terrorism.
Private Equity Valuation: A Significant Decision
August 03, 2003
Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
Client Intelligence: IT, Marketing and Library Services Unite
August 01, 2003
As a futurist to what law firms need to be thinking about, I am always excited about "out of the box" methodologies that can impact the marriage of technology, research and marketing. Over the last few years, as IT and marketing departments have played a more prominent role in law firms, IT departments have rolled out software programs to assist marketing with the capturing of basic client relationship information for mailings, law alerts, programs and the like while at the same time working in tandem with the library to upgrade their legal research tools. Happily, with the advent of solution-based client intelligence/relationship management products, a new method of delivering all of this information can now be aggregated in one interface.
Your Firm In A Nutshell
August 01, 2003
Domestic and international corporations have long used slogans and tag lines as tools to differentiate themselves from their competitors. Think of Avis' "We try harder," Michelin's "Because so much is riding on your tires," and "Thank goodness for Kleenex." Consider as well Coca-Cola and McDonald's.<BR>Decades of research ' and corporate bottom lines ' support branding as a tool to help sell consumer goods. Can law firms use this technique, too?
Rev the Revenue: The Marketing Focused Retreat
August 01, 2003
Tear the roof off most any major law firm and what do you see? Massive amounts of unfocused marketing energy. From this 30,000 foot, leaders-eye view, responsible stewards of their firms should ask, "how do we harness this energy, how do we concentrate it to achieve our overall goals (assuming we have any), and how do we converge the activities of our individual lawyers, the practice groups, disparate offices, and departments in order to unleash the potential that we know exists?
On the Job
August 01, 2003
In law firms, it can be difficult ' sometimes impossible ' to get actionable feedback from responsible partners or administrative management on how well a marketing professional is doing his or her job. While nice, I'm not talking about the "attagirl"s or "you go boy"s that might come from many of lawyers and co-workers as support and encouragement or intermittent salary hikes. I'm referring to a regular, systematic process that lets you know whether your assignments and objectives are being achieved as the firm expects.
Ask The Coach
August 01, 2003
This month's questions:<p>Q: Like many law firms, to create access to new prospects we host seminars on a variety of topics. How can we differentiate our offerings in a virtual sea of seminars?<br>Q: How can we maximize the effectiveness of these investments?
Varied Rulings on 'Screen Scraping'
August 01, 2003
The courts continue to wrestle with how to map existing law onto the shifting terrain of computer technology. And it appears that new controversies are arising faster than judicial consensus can form. One of the latest controversies surrounds "screen scraping," a process by which a software program simulates a user's interaction with a Web site to access information stored on that site. A screen scraper not only can enter the information a human user would, but also can capture the Web site's replies. This facility may include the ability to extract substantial portions of data stored on the site ' and therein lies the beginning of the controversy.
In The Marketplace
August 01, 2003
Highlights of the latest equipment leasing news from around the country.
E-pharmacies in Europe: When Two Regulatory Worlds Collide
August 01, 2003
The authorities in the European Union (EU) are steadily increasing the amount of regulation over the Internet and aspects of e-commerce in particular. When the sale of pharmaceutical products occurs on the Internet, therefore, a number of regulatory issues need to be borne in mind, and a recent court case has highlighted a number of these issues.
