LegalProcessOutsourcing.com

Personal Injury Attorney - Is It Possible You Have a Case by Aloysius Aucoin in Law (submitted 2011-11-30)

2012-01-03T09:46:00.000-08:00

A personal injury attorney is one that specializes in providing you with information and litigation services when someone else or a company has done something to you. The range of types of situations that fall within this area of law is extensive. A business car could have hit you while you were walking. Your doctor may have performed a poor procedure. Your landlord may have caused the fire in your home. These are all instances where you may have a case. The key word here is may.
Why You May Have a Case

The key to winning any type of case like this is to prove that someone else's actions or inactions left you suffering due to no fault of your own. It is a tall order to stand up to. Many factors must come into line in order for you to actually win this type of case. That is why working with a personal injury attorney is the best route for many people to take. Consider the options you have for proving your case.

• Do you have tangible evidence that backs up your claims? If you do not possess it, but it exists, your lawyer can help you to gain this information. It is a good idea to provide any information you can about this.

• Do you have medical evidence of your injury? It is important for you to consider your ability to prove that the injury you sustained was in fact due to someone else's negligence. You need to have medical verification of that injury.

• You will need to show you did not play a role in the event. For example, if you brought on the incident by darting out in front of someone, for example, that may provide for less negligence on the part of the other person.

With the help of a personal injury attorney, you can find out if you have a case. Generally, these professionals will welcome you to come in and discuss your case with the lawyer. You can find out what these professionals think of your ability to file the case. For many people, it is often necessary to consider factors such as your inability to do your job or to live the quality of life you had to determine if you have a case against another. The evidence is important but sometimes it is even more important to show that you are not looking for revenge but looking for help.

By working with a professional, it is possible to learn if you have a case or not and then to get the help you need to get a resolution. Many people find that talking to a professional about their case is the first step in learning about options. A personal injury attorney can help you to do just that and help you to get the compensation that you deserve to have.

http://goarticles.com/article/Personal-Injury-Attorney-Is-It-Possible-You-Have-a-Case/5732705/

Should I File Bankruptcy? on October 18, 2011 Categories: Advice

2011-11-02T08:41:00.000-07:00

Let me tell you about a common scenario I encounter. It’s towards the end of a bankruptcy consultation and I’ve given my speech regarding the ins and outs of the bankruptcy process, the difference between chapter 7 and chapter 13 filings, and what not. I ask my potential client if they’ve any further questions, to which they reply “well, do you think I should file bankruptcy?”

Let me say upfront that I simply can’t answer this question. I’ll do my best to supply you’ll all of the bankruptcy knowledge you need, but in the end this is a decision you must make on your own. Do not get me wrong, if you let me I’ll talk until blue in the face, weighing your options and advising you to the best of my ability. But in the end, it’s ultimately your call.

With that said, I’ve compiled some general points to think about when you’re trying to decide whether or not you should file for bankruptcy protection.

One more interesting thing close to this subject. Have you already tried to negotiate? Often times, creditors are willing to work with you by compromising on payment plans or perhaps lowering interest rates. You say you tried once, and were denied? Call again and speak with someone new. I’ve found that, when negotiating with creditors, it’s often takes persistence to accomplish much of anything. However more often than not creditors are willing to work with you, especially when the account is in arrears. At the end of the day, they just want to get paid something.

How do your liabilities compare to your assets? It’s especially important when filing chapter 7 bankruptcy that you get an idea of the value of your non-exempt assets as well as your total liabilities. Remember that under chapter 7 bankruptcy protection, a trustee will liquidate your non-exempt assets to in partial fulfillment to your creditors. Commonly, bankruptcy will make the most sense when your debts outweigh the value of these assets.

What is the nature of your debts? Remember that filing bankruptcy is not a cure all, and that certain categories of debts aren’t discharged. The most common non-dischargeable debts I see are student loans, alimony and child support. There are others, so be sure to address this point with your bankruptcy attorney.
What is the nature of your assets? When filing chapter 7 bankruptcy, your assets will be categorized as either exempt, and unavailable to the trustee, or non-exempt, and included as part of the bankruptcy estate. How do these 2 categories compare in your specific case.

Will you lose your house or car? Remember that you’re only permitted a maximum amount of exempt equity in various assets including your house and car. If your present equity exceeds this number, your asset may be sold to partially repay your creditors.

Are your wages currently being garnished? Bankruptcy might be indicated if certain creditors have already received judgments against you and, as a result, your wages are now being garnished. Often times, filing bankruptcy can suspend wage garnishment and provide immediate relief in such cases.
Have you been sued? Even if you do not currently have a judgment against you, bankruptcy may be suggested in situations where it can prevent a future judgment (see above wage garnishment).

How is your savings distributed? Money present in savings/checking account is available to the trustee, in order to prevent its entry into the bankruptcy estate you must spend it down below the allowable exemption amount. Even so, money distributed among IRAs and 401(k)s is often protected.
Do you have co-signers on any of your debts? While filing bankruptcy will remove your liability upon debt discharge, you co-signers may remain liable. This may influence your decision to file, as your friends or family members would then be burdened with your debt.

How will you be affected by a negative credit score? Filing bankruptcy can negatively influence your credit score. But nevertheless, the decrease in number is often less than expected. This is especially true if you already have one or more accounts in arrears, which have been reported to the credit bureaus. Of course, in today’s hostile lending environment you can expect upwards of a several year period in which you have difficulty securing loans.

Do you have extra money every month? I always tell my clients that, if they have not already, they should create a monthly budget. Include all necessary expenses, but omit your debts and superfluous expenses. How much is left every month? Is it enough to pay off your debts at the current interest rates? What about at lower interest rates?

How old are you? How long do you have to rebuild your savings prior to retirement? It’s no hard and fast rule by any means, but age can sometimes correlate with the need to file bankruptcy.
How many dependents do you have? I often kind that clients with no dependents can reduce their monthly expenses and pay dot their debts more easily than those with dependents. But nevertheless, the median income level for chapter 7 bankruptcy is based on household size and thus could determine your eligibility for bankruptcy.

Again, theses aren’t rules set in stone. Instead, they’re simply points to consider. As always, I recommend you speak with a licensed bankruptcy attorney and thoroughly discuss all options prior to making a decision. If you have any questions, feel free to give me a call or visit my website and take advantage of our live online chat feature.

My name is Christopher H. Ariano and I’m a Phoenix bankruptcy attorney and managing partner of Ariano & Reppucci, PLLC. We’re a boutique law firm located in Phoenix, Arizona that focuses on the preparation and filing of consumer bankruptcy petitions. If you’re in need of an experienced and dependable Phoenix bankruptcy lawyer, do not hesitate to contact me today.

The information contained on this web site may provide general legal information but is not intended to give legal advice or counsel on any specific legal matter. It doesn’t create an attorney-client relationship and shouldn’t be relied upon in lieu of legal counsel. The links provided in this web site are for the information and enjoyment of on-line readers and don’t constitute an endorsement of products or services represented there. The hiring of a lawyer is an important decision and you should consider the information contained on this Website as well as other factors in making your own decision.

http://ch-bankruptcy.com/should-i-file-bankruptcy/

Legal Transcription And The Benefits Associated With It - By On October 16, 2011·

2011-10-19T14:07:00.000-07:00

Legal transcription is defined as the search of authorized assistance from other law firms inside or outside the country. The procedure has developed most due to the need for companies to search for above-board assistance. Other factors that have had an impact on the processes are the increased use of internet, improvement of data security network and the development of new technological features.

Most local law firms have automated their services, enabling them to use the internet features. Development in different countries has also contributed a lot to this process. Clients are now able to access information they require about lawful assistance online. This process also helps to reduce the cost incurred during the search for a good lawyer who can represent then in lawful issues.

One country that has enjoyed success in use of these services is India. This is because the country has adopted English to be used in teaching students in colleges and other learning institutions. The use of this language has led to the country producing some of the best English Language speakers in the world today.
The state also enjoys a high labor force that is dedicated towards service delivery. Majority of these laborers are graduates from colleges and universities, and this makes service delivery even better. Workers employed at the law firms are also graduates with law degrees. This makes the legal system easy to access and improves the service delivery to clients.

Getting legal information outside one legal firm helps in saving the cost involved. The group tries to reduce the total cost incurred by hiring a local representative by half. You also enjoy external experience and talent from other representatives. The organization also tries to reduce the total time involved in the process of getting help from law firms.

This is because all information is stored in the same site, and is available to you every time you need it. The group also helps in the reduction of work pile up in most local firms. This pile up is normally caused by lack of qualified personnel to handle it. The company provides a chance for such forms to join them and enjoy their services.

The group has also helped many local law firms deal with their bulk duties. This is because most of the firms lack adequate qualified staff who can work on the work. The organization provides an opportunity for the forms to register with them, and in turn help them with the work.

Legal process outsourcing has enjoyed success over the recent years. Many people around the world have adopted the idea and have fully utilized the opportunity offered. The process helps on fast delivery of legal assistance whenever needed.

http://www.divorcelawyer.za.net/legal-transcription-and-the-benefits-associated-with-it/

Outsourcing the Right Things for the Right Reasons: Value From Legal Process Outsourcing (LPO) October 4, 2011 2:36 PM | By -- Danny Ertel, Partner at Vantage Partners

2011-10-05T02:50:00.000-07:00

Recently, there has been much debate as to whether legal process outsourcing (LPO) is a good or bad thing. But much of the debate neglects to consider that LPO is not just "one thing." To be carried out successfully, LPO programs have to be "fit for purpose," and as the objectives to be met are quite different, LPO programs (including thoughts on what to outsource, to whom, under what terms, and subject to what governance) must also be different. Law firms, for example, might think about different kinds of outsourcing to meet very different objectives: from back office outsourcing aimed at reducing overhead costs (e.g., IT or Finance activities), or middle office outsourcing aimed at improving performance or competitiveness (e.g., knowledge management or business research), to front office outsourcing aimed at improving the cost effectiveness of delivery models (e.g., document review or due diligence).

For those of you who are a part of in-house sourcing organizations, thinking about how to help your law departments explore outsourcing, the choices of value propositions (and their implications for selection, negotiation, and governance) are quite different:

Reducing internal headcount by shifting lower-value tasks to an LPO provider (offers limited savings; watch for upfront and governance costs)

Reducing external spend by shifting activities from outside counsel to an LPO provider (provides greater savings; due diligence and three-way governance are critical)

Shifting internal resources to more valuable work (enhances law department productivity rather than produces immediate savings; change management is crucial)

Providing new, previously unaffordable services to the business (brings new services rather than savings; good cultural fit and appropriate incentives are essential)

In addition to letting clear objectives shape your selection process, experience suggests there are a few other things to keep in mind, given the current immaturity of both buyers and providers of LPO services.

Craft an RFP that is "fit for purpose." LPO services are at the more commoditized end of the legal services spectrum, but they are not actually commodities only differentiated by rates. If you ask them to "bid on your spreadsheet," what you get back may have little to do with the law department's objectives. An hour of time from one is not necessarily the equivalent of an hour of time from another, even for services described the same way. A good LPO provider should offer more than just lower cost labor. Their use of technology and effective process management, and the quality of the people they hire and train, will drive differences in quality, productivity, error rates, and more. To help you realize the potential value of outsourcing these activities, make sure your request allows providers to differentiate themselves in ways that matter to your outsourcing objectives.

Hold their feet to the fire on value. Your process should allow providers to "show off" what differentiates them and still enable you to make some direct comparisons of their pricing and value proposition. Hourly rates may be interesting indicators, but they don't really tell you about value for money; in my experience, the number of hours they estimate the work to require varies more widely than their rates. In one recent engagement, for example, the law department set up a data room with materials from a prior, already-closed transaction and asked providers to use that data room as the common basis for their estimates of what a comparable summarization exercise would cost. Providers were asked not only to come up with an answer, but also to "show their work" so that the evaluation team could understand how they went about developing their estimates and what assumptions went into it.

Let them know early on that experience matters. There is a steep learning curve in delivering legal support services efficiently and with quality. Providers who cannot convincingly demonstrate that they have had sufficient experience delivering sufficiently similar services should not get your business, and they should know so before they waste their time (and yours). Ask about their experience in concrete terms (e.g., years delivering the service, volumes actually delivered, numbers of FTEs and teams, locations out of which they replicated their processes). Ask for case studies and relevant references. Ask providers to describe how they ascertain the quality of their work and what their data show.

Law departments have traditionally kept their sourcing colleagues at arm's length. To help break down some of those barriers, you will need to show them that you understand their challenges, speak their language, and can add value. Helping facilitate an informed discussion about outsourcing objectives and how those objectives should drive the selection process is a great place to start.

http://www.spendmatters.com/index.cfm/2011/10/4/Outsourcing-the-Right-Things-for-the-Right-Reasons-Value-From-Legal-Process-Outsourcing-LPO

Legal Research Services Posted: Oct 03, 2011 by sbl

2011-10-04T08:35:00.000-07:00

Legal research is commonly the process which would help in maintaining and recovering data and information which would help in making decision related to legal activities. Many of the law firms and organization gain support from outside legal support companies in-case of any legal issues. This process is often referred to as LPO (Legal Process Outsourcing).

There are many firms working in and across India, which provide legal research services to other firms. To provide this, a deep study on the legal matters is required. Many organizations have a dedicated team working behind this so as to provide timely guidance and service to its clients. Law varies in each country, so to provide this service a deep understanding of the law of that particular country is necessary. Many of the legal process outsourcing organizations offer services in legal research and writing, document review, drafting of pleadings and briefs etc. The organizations providing legal research services are mainly established in countries like India, Canada, US, Latin America, Philippines etc.

Growing litigations, increasing use of technology, increasing compliance procedures have in turn increased the demand for the legal research industry over the time. Legal research service providers are now common in India. With a deep study of the context and the competition in the field, it is easy for an organization to provide services related to legal activities. Providing legal process outsourcing services may seem to be a complicated one, but with a deep understanding and study in the matter, this would be an interesting task. A firm providing legal research service will surely have a team of lawyers working behind this task who will be very keen in understanding the law of a particular country as per the requirement.

Lawyers and the team working to give a solution to the legal related activities often concentrate in reviewing the documents written related to the legal studies. They also focus on drafting up documents related to law. In order to perform this, detailed study and research on the particular matter is required. Many of the reputed organizations across the world provide various legal process outsourcing services.

Most of the organizations outsource this service in order to save cash and time and this is considered as an added on advantage of this service. Most of the outsourcing firms charge less compared to that of an independent attorney. This is the main reason why LPO firms gained popularity within a very short span of time. These firms also assure you the delivery related to the legal document some time and there by it help in saving cash and also time.

http://www.articlesbase.com/national-state-local-articles/legal-research-services-5271393.html

Estimated Trends in Legal Process Outsourcing LPO for 2010 and Beyond September 22, 2011 | Author: kangdede | Posted in Business

2011-09-23T05:38:00.000-07:00

Copyright (c) 2009 Jack Lesley Jr

LPO is the hot new trend in the legal field that allows law firms and corporations to obtain operational support and services from outside providers rather than internally. This process has demonstrated huge growth in the past few years within the United States and the UK, and offers a unique path for companies to get the services that they need, including document review, legal research, patent services, and drafting of pleadings and legal briefs.

Countries like India and the Philippines have proven to be very successful in this area, offering their services to anyone who needs them. The main purpose of legal process outsourcing is to cut costs dramatically and have the same quality of work done for less money. So far, it has been a successful endeavor.

What is the future like for LPO? As of July 2009, some of the largest firms in the world are using LPO services to handle their legal needs, but will it hold up? The services offered are very effective and affordable, but what will happen in the years to come? Specifically speaking, the trends for 2010 and beyond in the legal process outsourcing industry are of a key interest. Attorneys and law firms within the U.S. and other major markets often charge $150 -$350 an hour for services like the ones offered by outsourcing entities, which can do the same work at a fraction of the cost. As such, it is estimated that LPO will continue the massive growth, even through the current recession.

The work done by outsourcing services in the legal field is mostly work that is time-consuming and chore-like for the U.S. and UK based firms that seek out these overseas services. Legal process outsourcing providers have the advantage of providing a broad spectrum of services and being exposed to new theories, the best practices, and the latest laws and defenses available because of the work that they do.

Some of the services offered by LPO companies include:

1. Case management, which includes the collection and review of documents, along with providing answers to client questions
2. Legal research, which is time-consuming and laborious for U.S. firms to handle on their own
3. Medical records reviews
4. Billing management
5. Patent services
6. Contract management
7. Expert witness services, including those who serve as witnesses and consultants in various matters and who can provide reports and expert testimony in Federal and State court trials and legal proceedings
Many other tasks that are time consuming and expensive to have done at home are also assigned to these LPO services on a firm-by-firm basis. In some cases, there are limitless possibilities as to what work these companies can provide to law firms and corporations.

Legal process outsourcing is not without its flaws and critics. One of the biggest points of concern for many is the potential confidentiality breaches that can take place. People who are performing these services overseas may or may not be bound to the same ethical standards and code that U.S. and UK based lawyers are subject to, which can cause conflicts of interest. The American Bar Association recently offered its own ethics opinions that laid down a framework that would allow for ethical LPO services across the country and around the world.

While confidentiality is a major concern, it?s going to be a matter of choosing the lesser of two evils in many cases. This might be taking valuable work away from the country?s own lawyers and legal advisors, and it could potentially cause a conflict of interest within the ethics and confidentiality area. However, legal process outsourcing provides many law firms a way to get the services that they need at rates that they can afford, which is often a critical issue in these tumultuous economic times.

The work is cheap, which is why many firms choose this method for their legal needs. The steadily decreasing rates of LPO services in India are a large area of concern, because the quality and value of the services might be in jeopardy if the rates become too low. When the world revolves around getting what is paid for, how can anyone expect quality services when they?re paying next to nothing? Many people claim that they know quality when they see it, but many others feel that talents should reach farther than legal skills and provide U.S. specific and client/service/project specific training.

This service gained its popularity because it was affordable. When clients can get rates of $20 to $50 per hour for various legal services, rather than paying five times that with U.S.-based services, what is there to lose? Over the next few years, the LPO industry is projected to grow exponentially, allowing people to find everything they need outside their own country at a much reduced cost factor.

The legal process outsourcing industry has driven a revenue growth of 495% in 2009 alone. In response to increasing legal demands such as foreclosures and bankruptcies, the industry has been a popular choice for many in recent times. Forrester Research, which is an independent market research and technology company, forecasts that the LPO industry will create more than 79,000 jobs by 2015, all around the world.

A small number of U.S. Census Bureaus also estimated that more than $184 billion in revenue generated by the legal services industry in the U.S. would generate more growth and job creation for legal process outsourcing services and providers.

Another independent market research firm, ValueNotes, estimates that LPO revenues will grow from a projected $640 million in 2010 to more than $4 billion by 2015, which is a big jump in revenues for this fairly new industry. Like many other types of outsourcing that have been practiced by U.S. companies for decades, the LPO industry simply works by taking the ?chore work? that legal firms and services have and sending it to providers that can do it for a much more affordable rate, and still provide the same high quality service and confidentiality that is needed in handling legal paperwork and proceedings.

It seems, due to the current research and projected forecasts, that the estimated trends for legal process outsourcing are quite good. The industry has grown nearly 500% in revenues in 2009 alone, and is projected to be an industry worth well over $4 billion by the year 2015. In a time when everything needs to be affordable, many law firms are looking to hand these various services off to someone who can do them properly, but for much less than professional services offered in the U.S. or the UK.

It is a race to see which firms can perform tasks faster, smarter, and better than others. Law firms are essentially handing off the tedious, chore-like work to services that can perform the work properly and affordably, while maintaining their own abilities to focus on their clients and other more important aspects of their legal firm or corporation. Considering all the new services being developed and the increased popularity of this type of service acquisition, it appears that legal process outsourcing has a very promising outlook for the next five years at least.

http://dvdlcdtv.com/estimated-trends-in-legal-process-outsourcing-lpo-for-2010-and-beyond.html

Avail Chapter 13 bankruptcy plan to save your home by massachusetts on Thursday, September 22nd, 2011

2011-09-23T05:31:00.000-07:00

Each one of us wants to lead a debt free life but most of the times that is not possible because of increasing number of people using credit cards, shopping around for the latest technologies and in the process spending on anything and everything as if there is no end. Under such a scenario if there is sudden change in ones financial circumstance or some major crisis strikes the individual, the repercussion falls directly on the financial stature of the individual. Gradually the amount of debt increases and the person does not have any option other than filing for bankruptcy process to free him of excessive debt. One can file chapter 7 bankruptcy petitions or opt for chapter 13 bankruptcy payment.

Chapter 7 Bankruptcy Petition: A person filing for chapter 7 bankruptcy petition in the court will be absolved of all his debts once all his assets are turned over to a trustee who in turn sells off all the assets to distribute the amount between creditors. The creditors cannot come back to the debtor for further claims once the trustee has allocated a percentage of the proceeds of the person.

Chapter 13 Bankruptcy Petition: When a person files a petition in the court for chapter 13 bankruptcy, it requires him to chalk out a plan of action first and then disclose how he is planning to pay off his debts as per the rules under chapter 13 bankruptcy payment. The person can repay his debt from his income for a maximum period of 5 years but firstly the creditors, trustee and the court will have to agree to the schedule of repayment. Filing for chapter 13 bankruptcy stopped foreclosure hence enabling you to save your home. Many people opt for chapter 13 bankruptcy foreclosure plan as that helps them to retain their home, car or any other important asset.

However, before filing for the bankruptcy process one needs to be enlightened about certain facts so that hidden clauses do not come as surprises and the person is fully aware about his petition and the pros and cons attached with it. Let’s take a look at a few of the facts while filing personal bankruptcy.

When a person is allowed to file for personal bankruptcy under chapter 7 bankruptcy law, he will need to liquidate his assets to a trustee. However, in certain countries they may be allowed to keep certain property which is necessary for their survival. Property such as furniture, clothes, vehicles, a home, medical and dental necessities and in some cases insurance as well.

An individual can opt for chapter 7 bankruptcy petition for the next six years from the date of the first petition. In the case of filing chapter 13 bankruptcy payment, one can do it many times and at any point in time.

There are certain fees levied to individuals when they decide to file for bankruptcy. For chapter 7 bankruptcy filing fees is normally around 0 while for chapter 13 bankruptcy payment it is 5. The court does not charge higher for joint petitions.

There are certain debts which cannot be waived off as a part of the bankruptcy filing procedure. These include mortgages, loans acquired through fraudulent means, student loans, alimony and child support, taxes, large purchases of around more than 0 within 90 days of filing petition cash advances of around 5 within 70 days of filing bankruptcy and so on.

Attending the 341 court meeting where all the creditors gather to hear your case is a must. This meeting takes place normally after a month of filing the petition.

Summary:

Filing for personal bankruptcy leads to a debt free scenario and it also stops creditors from harassing the individual under financial crisis. The trustee takes care of all your repayments after liquidating your non-exempt assets and hence, all you need to be careful of is the technical nuances of the legal proceedings which should not include irrelevant details under the bankruptcy process.
Raks Martin is a regular writer on bankruptcyonly.com, a US based portal, which provides detailed information on chapter 7 bankruptcy Information , chapter 13 bankruptcy rules and other bankruptcy related issues.

Raks Martin is a regular writer on bankruptcyonly.com, a US based portal, which provides detailed information on <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link/4324528']);” href=” http://www.bankruptcyonly.com/chapter-7-bankruptcy.php”>chapter 7 bankruptcy Information</a>, <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link/4324528']);” href=” http://www.bankruptcyonly.com/chapter-13-bankruptcy.php”>chapter 13 bankruptcy rules</a> and other bankruptcy related issues.

http://www.divorce-attorney-news.com/massachusetts/filing-for-divorce/avail-chapter-13-bankruptcy-plan-to-save-your-home/

Exactly what you need to be familiar with litigation.September 5, 2011 by Kris

2011-09-08T10:17:00.000-07:00

Litigation is the act or steps involved in getting or contesting a legal activity to court. We have to create a review of the routines for anybody that happen to be unclear about the operation of litigation.

Quite simply Litigation will be the disputation or even conflict before a court or perhaps a lawsuit
.Each time a negotiation as well as agreement is unable to be reached the dispute could eventually be heard and decided using a judge and jury in a courtroom environment.

Litigation is a opportinity for manufacturers and people to settle an array of disputes as a result of an assortment of factual circumstances.

There are numerous sets of situations that can be solved with for example Banking, finance and mortgage litigation, Commercial disputes,professional negligence and injunctions.

Banking and finance litigation may be a significant a natural part of many solicitor firms, who can act for the banking and finance groups on concerns concerning guarantee, business banking and invoice discounting and factoring recovery work.

Firms and folks might be advised in relation to their liability to banks and companies associated with loaning money which includes dwelling loans etc.

Business oriented quarrels really are yet another area that solicitors manage on a regular basis.
arewell geared up for dealing with predicaments that become complex factually, legally and will without a doubt involve a large variety of documents.

Most firms will offer services aimed at solutions and should happily recommend alternate dispute resolution such as mediation whenever possible. However some disputes simply cannot be resolved without a court decision in these circumstances

Most suppliers should have a robust record of trial success in high as well as county court.

Throughout the process of dispute resolution either through negotiation or litigation you need to make sure that you then become frequently well informed of the current situation.

Professional negligence is another very hot spot for litigation. Virtually all lawyers organizations will operate for individuals and businesses claiming negligence against professionals. Notably Solicitors, surveyors and accountants.

For instance if Your money specialist neglected to give proper advice on the risks of an investment decision which led to a loss or you received inappropriate tax information which led to a loss of cash.For those who have a claim made towards you ,a solicitors firm will be able to assist and advise you on which things to do.

Claims might be followed to court but are in the end the suitable resolution involves possible settlement deal in early development and remaining outside of the courtroom.

Injunctions usually are another style of litigation provided by solicitors, People today ordinarily associate them with restraining orders which happens to be essentially correct.

There are several features to the service. For example if you are a recipient of a extremely violent felony or possibly have been bothered by a significant other.

This is when you can aquire a court injunction to protect from this unique behavior. You can even obtain non-molestation injunction to prohibit a man or woman from being verbally or psychologically threatening towards you.

Preferably this has offered an insight straight into litigation services. I like to recommend doing a search online for local solicitors to search out relevant services within driving distance.

Making use of search engines a simple search for solicitor Salisbury or solicitor Andover provides me with a broad overview of solicitor services within the south of England near to where I live.

I recommend very similar activity based on your own local area using solicitors, such as solicitors Salisbury orterms and solutions you need such as litigation Salisbury for myself or any other service related words .

http://internetincomesecretsrevealed.com/?p=3162

Offshore Outsourcing -- September 5, 2011

2011-09-08T10:12:00.000-07:00

Offshore outsourcing implies outsourcing your work to a person who is away from your coast. The concept of offshore outsourcing is that the consumer and producer of the will be in two different countries.

You can exploit the vast resources in the developed countries with the help of offshore outsourcing. This is the major reason for the attraction of organizations towards this service.

Developing countries attracts the developed countries by providing excellent services which are inexpensive. The cost of manpower, quality of the service and infrastructure forms the major factor that attracts the country as an offshore outsourcing resource site. Business environment and laws in the source location also forms a major factor in the selection criteria of the resource country.

Offshore outsourcing includes knowledge process outsourcing (KPO), business process outsourcing (BPO), legal process outsourcing (LPO), offshore software outsourcing etc. Outsourcing to the developing countries like India, Nepal and China are found to be beneficial to the industries all over the world. Lack of capital to set up the infrastructure forms the major reason for the developing countries to sign for the outsourcing process. Developing countries have enough human resource but lack capital.

The offshore organizations hire their own professional and man resources to the outsource provider. The offshore outsourcing also helps in laying the organization roots in the foreign countries.

The offshore outsourcing increases the competitive spirit among the business organizations. This also increases the profit of the organization by inputting a less resource. The organizations that provide the service are known as the clients and the one who accept the service is known as the vendors or service providers.
Large numbers of organizations are now coming forward for offshore outsourcing to increase the organizational advantage. Every firm irrespective of their size takes on various business activities to reach in the committed target. Business firm cease the process when the output they receive from the service is not satisfactory. They may also sometimes contact with other entities.

http://informeveryone.com/business/outsourcing/offshore-outsourcing/

Outsourcing, Know the Significance August 2, 2011 by Guest Author

2011-08-03T06:40:00.000-07:00

Outsourcing has its own impact and none can defy this fact… Expanding feet of technologies and globalization have simplified the business and now no one hesitates in outsourcing his/her work to other. Outsourcing has increased the workspace as well as the cost effectiveness.

However outsourcing made impacts on entire world, it became a special benefit for developing countries, such as, India, Brazil etc. Nowadays, there are many multinationals, which are outsourcing their needs to companies located in these countries.

Such advantages unexpectedly enhanced the significance of outsourcing in the business world and accordingly, today almost every business has its backbone in the form of outsourcing or farming out of services.

Basically, outsourcing services is a development of the traditional style of business management, which includes diversified version of business contract out. In outsourcing processes, a company works with a clear understanding of needs and its proper execution. It helps a company in garnering worthy solutions as well as availing it on a much-reduced cost. It is considered an aggressive mode of business process. Also known as BPO (Business Process Outsourcing), it involves farming out of Information Technology, Tech Support, Assistance service and many more facilities

Business processing has its different arms in terms of Legal Process Outsourcing and Knowledge Process Outsourcing

•   Outsourced working style has completely changed delivery procedure; though contracting out of work has much to deal with accuracy and efficiency, now companies are proffering solutions that are done with dedication.
•   Outsourcing of services also helps you in availing expert and skilled services and getting a facility that is specifically designed by an expert. As an instance, if you are needing a solution with exceptional efficiency, you can outsource your need to a Subject Matter Expert and get the service you are looking for.
•   Outsourcing also helps you in enjoying the latest trend of business, as to offer satisfaction to clients; companies keep adapting the latest form of working style and offer the service accordingly. It helps you in enjoying a service that is ahead of the time as well as efficient. So, if looking for a much professional service, outsource your need.

Author is talking about most impactful internet marketing services like online email marketing, seo services, article marketing, blog promotions and many more.

http://iblogaholic.com/38218/outsourcing-know-the-significance/

Two Surveys Confirm Social Media in eDiscovery Has Reached Tipping Point

2011-08-03T06:33:00.000-07:00

As the saying goes, “I’ve seen the future and the future is now.” This was my first reaction after analyzing two recent surveys regarding social media and eDiscovery. The first one was from Clearwell (now a part of Symantec) and the Enterprise Strategy Group, entitled: “Trends in E-Discovery: Cloud and Collection.” Beyond examining cloud issues it also queried respondents about the growing impact of social media on electronic discovery. While many of the responses struck me as intuitive, I was taken by the fact that we seem to have crossed over the chasm of social media to the point that this content simply cannot be ignored any longer. For ages, and perhaps some still today, email was the 800 pound gorilla in the eDiscovery context, often to the dangerous exclusion of other forms of electronically stored information (ESI).

But, in 2011 we’ve now reached the tipping point – with 58 percent of respondents of the ESG survey expecting to manage social media applications as part of eDiscovery, more than double the 27 percent who did so in 2010. That’s not only a massive increase in one year, but it also moves social media from a fringe element to a mainstream source of ESI. When asked what types of social media applications would be the most relevant for eDiscovery, 79 percent of survey respondents named Facebook, followed by Twitter (64 percent) and LinkedIn (55 percent).

Similarly (and coincidentally), Applied Research and Symantec (who just acquired Clearwell) queried 1,225 senior enterprise IT professionals around the world in a Social Media Flash Poll. In one of the main findings, the Flash Poll found that social media is extremely ubiquitous in the enterprise environment, with 45 percent of respondents using it for personal uses and 42 percent using it for business reasons. Rating highly were a number of disparate social media devices including blogs, multimedia sharing, business forums and, of course, social networking – both personal (e.g., Facebook) and business (e.g., LinkedIn).

The impact on eDiscovery, while somewhat obvious, is nevertheless a significant challenge for many enterprises. Initially, the increased use of social media intrinsically means that email isn’t likely to be the sole source of responsive information pertaining to a lawsuit (or governmental inquiry). While this hasn’t really been the case for a while, it’s time for the attorneys scoping eDiscovery matters to face facts and abandon old school notions that email axiomatically equals eDiscovery. For good or ill, our world of potentially responsive ESI simply isn’t that homogenous.

The Flash Poll also honed in on how this increased use of social media is impacting IT professionals. While information governance concepts (compliance with regulations and retention polices – both at 45 percent) rated higher on their risk index, the management of eDiscovery was still a significant (and growing) concern at 37 percent. And, while IT folks are increasingly concerned, it’s safe to say that their attorney counterparts (who have a heightened sense of risk profiling) are even more worried about the impact of social media on the already complex eDiscovery process.

So, what can be done in the face of this changing eDiscovery landscape that used to be dominated by email? First and foremost, it’s imperative to understand your unique regulatory and legal requirements. This facilitates the mapping of new social media technologies and content to the requisite policies that address data mapping and the retention of social media content, either in a proactive sense (i.e., archiving) or in a reactive sense (i.e., litigation hold).

As Glenn Close frighteningly said in her 1987 thriller, Fatal Attraction, “I will not be ignored.” That warning fits the entire social media genre as it relates to eDiscovery in 2011. And, just like ignoring Glenn Close, failing to pay proper attention to social media is done at significant peril to both IT professionals and attorneys alike.

http://www.clearwellsystems.com/e-discovery-blog/

Bankruptcy Auctions – Considerations of Forbearance in Bankruptcy -- by constancio9 on Sunday, July 17th, 2011

2011-07-18T07:23:00.000-07:00

Forbearance in bankruptcy means that a person has entered into a deferred payment plan with a lender prior to filing a bankruptcy petition. Forbearance agreements allow borrowers to skip loan payments for a specific period of time. Lenders cannot commence with repossession or collection while the plan is effective unless borrowers default on the terms.

Chapter 13 payments, one of two things will occur. Creditors can seek bankruptcy dismissal or the judge can transfer the bankruptcy into Chapter 7.

Known as liquidation bankruptcy, Chapter 7 requires property used as collateral to secure loans be returned or sold to satisfy the note. This means borrowers will lose their home, car, and anything else they have financed.
When bankruptcy petitions are dismissed debtors fail out of bankruptcy and lose court protection. Creditors can take action to claim collateral property or borrowed funds. This can result in repossession, wage garnishment, or creditor judgments.

There is a high probability for foreclosure when debtors enter into forbearance in bankruptcy and default on court ordered payments. This will also be a double-whammy to credit reports.

Not only will the bankruptcy be reflected for 7 to 10 years, debtors will also carry the dark credit cloud of foreclosure. This combo will be a total knock-out for credit scores and take years to rebound.
While bankruptcy can cause extreme credit damage there are times when it must be done. It’s always best to obtain legal counsel, but even more so when forbearance in bankruptcy is involved.

http://bankruptcy-auctions.mysurefinance.com/211/bankruptcy-auctions-considerations-of-forbearance-in-bankruptcy/

Bankruptcy Fraud is A Fast Track to Court

2011-07-18T06:57:00.000-07:00

Many Americans are struggling with overwhelming credit debt in today’s economy. Those who have suffered severe circumstances find themselves without the means to pay for their debt. Job loss, divorce and endless medical bills leave hard-working people stuck in difficult times. Bankruptcy is one option that may help people alleviate their debt, protect their assets from creditors and regain control over their finances. Although bankruptcy laws are fairly lenient when it comes to protecting the debtor’s assets, many people abuse the system and commit bankruptcy fraud in efforts to protect their assets.

Hiding one’s assets and making false statements on a bankruptcy petition account for the majority of bankruptcy fraud. The two main forms of bankruptcy fraud are:

: is a type of bankruptcy fraud where an individual withholds or incorrectly lists all assets on the bankruptcy petition. Creditors can only attempt to seize assets that are made known and, by withholding the existence of assets, the debtor may be able to prevent a creditor from liquidating their assets. This type of bankruptcy is common among businesses, where assets may be hidden or dispersed in efforts to protect them from seizure.
: is a type of bankruptcy fraud in which individuals file a bankruptcy claim in more than one state. The same assets are listed on the multiple bankruptcy petitions and individuals may attempt to conceal some assets by withholding their information on the claim forms. Some individuals also use fake name and social security numbers in attempt to fraudulently file claims.

Bankruptcy fraud can take many forms, all of which can result in serious consequences for the offender and have a devastating impact on our tax system. The negative impact of bankruptcy fraud affects how the public views bankruptcy laws and the reputation of honest individuals looking for debt assistance through a difficult time.

Bankruptcy fraud isn’t limited to a devious criminal with a checkered past, anyone is capable of committing fraud. A recent example is former MLB player Lenny Dysktra, who was indicted in early May for bankruptcy fraud. Dykstra is accused of stealing and ruining 0,000 worth of marble countertops, appliances, and fixtures in his million home in Los Angeles, before it could be liquidated to repay creditors. If convicted, Lenny Dysktra could serve up to 80 years in prison.

Punishment for Offenders

Bankruptcy fraud is not resolved without a price, as the crime is considered a criminal offense. It is considered a felony and is prosecuted to the fullest extent of the law. In efforts to protect the current leniency that is provided by the State and Federal bankruptcy laws, the court system is out to make an example of bankruptcy fraud offenders.

The bankruptcy petition filed by the offender will be denied and debt dismissal or reorganization requests will not be granted. Additionally, offenders will be required to forfeit all of their assets and will be denied opportunity to claim liquidation exemptions. Convicted offenders can also face jail time and are usually required to pay restitution fees up to hundreds of thousands of dollars.

For more information visit us at http://leebankruptcy.com/

Christopher understands that financial hardships can affect honest, hard-working people. Growing up in a very blue collar family and rural area of Indiana , money didn’t always come easy for his parents. The struggles his family faced in his childhood made a significant impression on his business philosophy today. As a Fort Worth bankruptcy attorney this practice has given me the opportunity to directly impact the lives of many people.
For more information visit us at http://leebankruptcy.com/

http://ezinearticles.com/?Bankruptcy-Fraud-Is-A-Fast-Track-to-Court&id=6286969

Personal Injury Attorneys: 7 Good Reasons Why It's Best To Get One By Lisa Blackstone

2011-06-10T04:55:00.000-07:00

Having to deal with a serious injury can be damaging. Once an injury occurs, there is almost no time to ensure that the injury can be corrected before time ends. Listed here are 7 reasons why you should hire an attorney should you have been in an accident. Understanding these 7 points can help you if you have been in an accident or experience one down the road!

1. Satisfaction. When you hire a professional and experienced personal injury attorney, you rid yourself from the worry, hassle and research that would have to be done to try and represent yourself. Knowing that you're well cared for will grant you comfort.

2. Years of Study Assisting You. Trying to find out all of the legal jargon important to accurately handle a personal injury case takes years, and quite often decades. The law is an ever-changing animal, and personal injury attorneys must stay informed with research and knowledge to make sure your case is handled with careful attention. The years of study the lawyer does for you is a mountain of relief and support when the time comes to face the judge or jury for your ruling.

3. Confidence and Poise. The judges and jurors both become impatient and unsympathetic when someone tries to represent themselves and can't carry on with the legal procedures involved in the judgmental process. Allowing a free attorney to represent you may caused a lost case, lack of confidence and possible personal damages. Hiring a highly trained attorney is the most effective way to represent your sacred body and loved ones with assurance and poise.

4. Reliable Connections. When lawyers spend countless years looking for the best method to win numerous cases, they build priceless relationships in the process. Relationships that transform into valuable connections in the health industry, medical industry, insurance industry, and so on and so forth. These connections can add the final frosting to your legal case.

5. Solid Experience. Growing against manufacturers, corporate giants, and insurance companies is a grueling process. One piece of information left out, one wrong turn, or one mistake will likely result in a defeat. When you work with a practiced personal injury attorney, you know they've been through the ropes and went toe to toe with the big guys. Their experience can be your best asset.

6. Value Driven. Personal injury attorneys can get you the most value for your money when it's time to go to court. If the person or company involved in your personal injury doesn't settle outside of court, they will often take your case into the courtroom. An experienced personal injury attorney can guarantee that you will get all of the compensation you deserve. They can make sure nothing is left on the table.

7. Partner Based Results. A good personal injury attorney has verified results, which at your request, they will be ready to show you. They most probably didn't accomplish substantial earnings for clients on their own. The good ones always have a team, even when only one or two people, that support the case with their experience and expedite the process with their skills. These are the types you want handling your case.

Well I hope this helps you gain some insight about how to find the right attorney amongst all the Atlanta Personal Injury Attorney you'll find in our fine city.

http://uberarticles.com/misc/preview/?article_id=822709

Auto Accident Attorney Alert You Of The Primary Cause Of Death By Lisa Blackstone

2011-06-10T04:51:00.000-07:00

In the U.S., a number one cause of death is automobile accidents. The studies made by auto accident injury lawyers reveal that about 6,000,000 such accidents occur every year, resulting in almost 40,000 fatalities. It is estimated that one out of every five Americans will be in an alcohol-related automobile accident at least once in their lives.

Year in year out, these alarming figures seem to do nothing at all to teach Americans to be more cautious. Even today, automobile accident injuries are the leading root of death for people between 33 to 60 years old.
The Best Way To Minimize Auto Accident Injuries. To prevent being involved in vehicle crashes, automobile accident injury lawyers advise the following:

* Always stick to all the rules of traffic
* Drive defensively
* Wear your seat belt
* Avoid driving when inebriated or incapacitated
* Make perfectly certain that all passengers buckle up before hitting the road

You may be thinking, "Why 'minimize' and not 'eliminate'?" Think of this: while you may be the most responsible motorist, pedestrian or cyclist out there, you'll find nothing you can do to predict when you'll be on a single road as some reckless or incapacitated driver.

Automobile accident claims are so common that there are probably more of them than all other types of personal injury claims created. If you or a family member has been injured because of the fault or neglect of an automobile accident, you have a legal right to recuperate damages.

Though usually a driver is the accountable party, the issue of liability is not always cut-and-dried. If the accountable party is a professional driver such as a bus driver or trucker, could his employer have done something to avoid the accident? Is the vehicle designed and manufactured with safety in mind? Could the automobile manufacturer or designer be held liable then? Is the road irresponsibly maintained? These are some of the questions that need to be answered to determine the identities of all who are at fault. Above all, there is still the complicated issue of insurance to be concerned about.

Well I hope this helps you gain some insight about how to find the right attorney amongst all the Atlanta Personal Injury Lawyers you'll find in our fine city.

http://uberarticles.com/misc/preview/?article_id=529412

Why Outsource Company Secretarial Services? By spidermed's Instablog

2011-06-01T06:25:00.000-07:00

Company secretarial services are increasingly being outsourced by companies both listed and private, large and small. Here, leading corporate and legal support firm London Registrars (http://www.london-registrars.co.uk/) reveals why so many companies are choosing to trust a third party provider with the company secretary function.

Until recently, most companies preferred to keep important roles within the confines of an in-house team, citing reliability, accountability and accessibility as reasons for this preference. The perception, perhaps, was of having less control over outsourced functions and in the case of the company secretarial role, control is vital to ensure legal compliance at all times. In actual fact, in recent years there has been a shift in attitude when it comes to outsourcing the company secretary function, with more companies than ever before entrusting these vital duties to experienced business support firms. London Registrars is a corporate and legal support firm which provides company secretarial support, including a company secretarial audit service. As such, the firm has been privy to the reasons why companies choose to hand over these duties to external companies.

Many companies are now being incorporated without this role in place, creating an immediate demand for company administration services, whether that means simply keeping the statutory books or the provision of full company secretarial services. At one time, outsourcing this role was seen as a more costly option than employing someone in-house, however with the advent of more third party companies offering this service, and the competitive pricing this has created, outsourcing has now become a low cost way to ensure company compliance.

Rather than hire specifically for this role, the in-house company secretarial duties were carried out, in many cases, by one of the existing team. This at first seemed like a cost-effective move, but it soon became apparent that the provision of company secretarial services was highly time consuming and that there was more value in freeing up the in-house team member for their primary role in the business. There was also more control and efficiency in the handling of company secretarial duties by an external provider which had no focus other than these duties. Feedback also revealed that outsourcing this function to a company which could provide further support if needed, from corporate governance to legal guidance, increased the value of outsourcing thanks to the accessibility of these professional advisors.

London Registrars has witnessed a significant increase in demand for external company secretarial services. More companies are realising that successful outsourcing of this function is down to finding the right corporate support firm, one which is highly experienced and reliable, competitively priced and which offers a comprehensive range of wider support services. To find out more about the services available from London Registrars, visit http://www.london-registrars.co.uk/.

http://seekingalpha.com/instablog/884229-spidermed/151541-why-outsource-company-secretarial-services

Find out and use regarding Litigation Support services

2011-05-19T06:49:00.000-07:00

You want litigation support. Do you client it needs to do here? Certainly, wait for high-quality clients; expect to do better than in court. To do this, simply doing everything some things on your own. You can be having disputes in those cases, your side, useful and reliable support makes all the difference. If you are interested in these services look at the advantages of some of the potential for litigation support to be able to provide.

The abutment this casework can accommodate may awning areas like affidavit of facts, or free damages, or things like analysis and precedents. They can be baby as an alone individual practicing or an accomplished aggregation of consultants who baby to an ample firm. But the account they accommodate absolutely helps accumulate attorneys up to acceleration in the areas that they abetment them with.

For example, they can be some very important ways.

Video evidence and hearing room automation design. Digital with very important documents can be encoded. You may find yourself the whole mess of disorder if you go without these conflicts, such as support.

However, make sure to choose a company to do your job, until the first option. For example, there is simply good experience and know-how to provide litigation Support services Company. You should know you can trust to deliver them. Is the key to quality? Also know when to send them to say. They should be provided whenever necessary. You can expect a selection of quality, timeliness, and litigation support expertise.

Litigation support services and attorneys are similar to two peas in a shell.

They require each other and their job is weaved jointly like a luminous tapestry. Spadework, in turn, and discussion are the main factor to the holdup services. And consider me, what on earth they create, they are value it.

Companies offer exactly what you can to find, simply as a web tool, is used. Their research, pose questions and their maintenance. What you need to do what you need to provide. Worthy of presentation they can effectively communicate with them for their service, make sure to prove whether or not. Is the backbone of your business litigation support services?

There are assorted types of humans who absorb themselves in these abutment teams. Researchers are some of the lot of important, as are the bent scientists. If you accept an academy degree, behindhand of what breadth it may be in, you can authorize as a researcher. All you accept to be able to do is analyze through a lot of advice and cull out what can be acclimated by the advocate at trial.

http://society.ezinemark.com/find-out-and-use-regarding-litigation-support-services-7d2e89ae760b.html

Benefits Delivered from Outsourcing Alternatives -- Written by johnsonmcbride23 on May 9th, 2011

2011-05-12T05:53:00.000-07:00

An increasing number of small- to large-sized businesses are relying upon outsourcing solutions to meet organizational goals while facing tough economic conditions. They are an economical approach to making operations more streamlined. Outsourcing is still increasing in popularity, particularly because the world-wide economic downturn has prompted organizations to seek alternate ways of decreasing expenditures. Additionally, the advent of outsourcing has provided companies with solutions that their in-house departments couldn’t render.

The history of outsourcing

Outsourcing is normally associated with the information technology (IT) sector, but its history can be traced to the manufacturing sector. This sector realized that it was practical to build production facilities in places where the source materials could be obtained to save on lead time and shipping costs. In the 80′s, U.S. corporations outsourced manufacturing to Canada, Brazil, and Mexico. IT outsourcing overtook manufacturing outsourcing a decade later.

Countries such as India improved their technology infrastructure considerably, paving the way for some of the first international call centres. It started with client and after-sale support, but it quickly expanded to medical, media, and legal transcription services. Currently, Business Process Outsourcing (BPO) agencies are worth billions. Nations such as China, the Philippines, and India are continuously expanding their services to accommodate the demand for these options.

Outsourcing services present a multitude of benefits for big and small companies alike. The key benefits of lower operating and capital investment expenses can never be stressed enough. Firms can lower their expenses when they retain the services of an agent who specializes in a certain task because that activity is accomplished more efficiently.

By hiring an outsourcing provider to perform specific activities, the host organization can focus on its key functions. In effect, your staff can focus on their assigned duties better. The company can also focus on key sales and production objectives, leaving technical and supplementary services to a specialist. Outsourcing can offer increased flexibility, since the host organization does not need to take on all business processes. The company can place emphasis on areas of their business which can increase their competitive edge in the marketplace. The host firm may even provide superior products or services at a lower price due to reduced over-all operating costs.

Where are the cost savings?

For small companies, exploiting outsourcing options can be beneficial because the business can share its activities. Large companies can typically afford to handle all operations in-house, but for smaller businesses, it may be more cost-effective to contract out particular operations. The workspace, equipment, and furniture necessary to house a single work team can be considerable. The capital cost, insurance coverage, depreciation together with the human resources expenses of employing staff can be staggering. In contrast, the host company is not obligated to the outsourcing provider when the latter’s services are no longer required.

Outsourcing organizations are retained for cost-saving benefits and selecting the wrong one could actually increase expenses as well as lower the service quality, therefore defeating its purpose. When considering outsourcing solutions, a business should determine which services are required. Many businesses boast of wide-ranging expertise and unbeatable pricing. But the truth is, these agencies need to be credible. It is therefore, critical to do a comprehensive background check on potential candidates that includes previous and current customers, technology used, training techniques, and staff turnover rates. While it might be tempting to select the provider with the lowest rates, keep in mind that you often get what you pay for.

Mr. Mcbride enjoys covering international market trends. He’s always been fascinated with the impact of eastern countries on western world market practices.

Visit his site to learn more about list of outsourcing companies right now.

http://postarticlesplus.net/benefits-delivered-from-outsourcing-alternatives/

What Is a Bankruptcy Estate? Written by Charity Delich Edited by Bronwyn Harris

2011-05-12T05:42:00.000-07:00

When a bankruptcy case is filed with a court, a bankruptcy estate, which includes all of a debtor’s legal and equitable interests, is formed. Typically, the estate is subject to the bankruptcy court’s jurisdiction, and it is reviewed by a court-appointed bankruptcy trustee. The trustee generally represents the creditors’ interests in the suit. During the bankruptcy proceedings, the estate becomes the legal owner of the debtor’s tangible and intangible assets. Assets held in a bankruptcy estate are frequently sold by the trustee in order to pay off the debtor’s outstanding obligations.

Under bankruptcy estate law in many jurisdictions, a bankruptcy estate includes not only the debtor’s interests but also any community property belonging to the debtor and his or her spouse. The estate typically contains all of the debtor’s tangible assets. For example, the estate may include a piece of land owned by the debtor, a car, or a collection of artwork. Usually, a debtor cannot sell or transfer property that is part of the bankruptcy estate without the court's permission.

As a general rule, bankruptcy estates can also include intangible rights. For instance, the estate may contain stock options, intellectual property, business goodwill, or the right to file a lawsuit. An estate can also incorporate the debtor’s right to receive inheritances once the bankruptcy suit has been filed. Certain tax rights may also become part of the estate. For example, an estate may include tax attributes or tax refunds for pre-petition years.

Usually, when starting a bankruptcy case, a debtor must disclose all of the estate’s assets in a bankruptcy schedule. Any assets that are not exempt are usually sold by the bankruptcy trustee. The proceeds are used to pay administrative fees relating to the bankruptcy proceeding as well as to pay off creditors.

Some assets may be exempt or removed from the bankruptcy estate. For instance, in some jurisdictions, a bankruptcy estate debtor can exclude rights in spendthrift trusts, 401(k) plans, and certain qualified retirement plans from the estate. Generally, bankruptcy statutes dictate what type of assets may be excluded from the estate. Statutory exclusions can vary from jurisdiction to jurisdiction.

Typically, a debtor is not required to list exempt assets as part of the bankruptcy estate. Essentially, this means that exempted assets cannot be reached by creditors or by the bankruptcy trustee. The debtor may retain exempted property and use it to start over after the bankruptcy proceedings are finalized.

http://www.wisegeek.com/what-is-a-bankruptcy-estate.htm

Paralegal Job Guide For Those Without A Clue -- Author: charleenmitmen

2011-04-20T13:08:00.000-07:00

Paralegal work entry stage could be obtained either on-line or offline. You will find several work for entry stage paralegals to provide an excellent earnings, such as new graduates. Paralegal work entry stage will provide you with the opportunity to review and indicate you the chains in building a lot more opportunities for paralegal services. If you’d like an alternative to full time employment then paralegal entry level employment may be the very best selection. Even an entry degree paralegal employment spend effectively and may be your springboard to become a legal advocate or legal desktop. oes the prospective for Entry Level Paralegal Jobs: United states provides a set of work to individuals in need? You have to create a decision for that finest job paralegal. Entry Degree Paralegal careers can provide a good start to his occupation. You might have the selection of carrying out this operate total time or portion time.

If you would like to obtain a sense of entry-level paralegal task you then may additionally desire to operate portion time as a paralegal. This way you’re not pressured to do so during the day paralegal. Nonetheless, a paralegal profession shouldn’t be considered a technical way. If you really wish to obtain a paralegal work you then should begin searching for your greatest choices for their selection of occupation. Paralegal work from organizations and authorities typically work a standard 40 hour week. Despite the fact that most paralegals work throughout the year, some are short-term function in the course of occupied seasons, after which open when the workload decreases. A part-time function could possibly be the sole way to acquire the threshold of Entry Stage Paralegal Work. You are able to get the superlative selection for the job to your door. However, a paralegal certificate is not absolutely necessary to get employment from the part-time paralegal. But when you might be seeking for a full-time or regular perform following a title is actually a must. A person using a graduate degree, paralegal certificate brighter prospects then somebody who has a straightforward license. The previous earns much more than the later on. Paralegal jobs are more challenging and complicated than other types of employment.

A single may well imagine that acquiring an entry stage paralegal task is uninteresting. Feel nicely yet again due to an entry stage paralegal work might be quite demanding. A lot of paralegals take action regardless of legal associates that are not licensed by the regular set of recognition prices, monitoring of the check scenario or supply legal suggestion. Except for these things, a paralegal can do the regular functions of the legal representative, as inside the existing investigation and earlier circumstances, the dialogue clients, contracts along with other legal arrangements credentials and lend a hand to his legal representative inside the preparing a concise and also the likes. A paralegal’s resume ought to listing schooling, encounter, awards and highlight writing talents, skilled and personal skills. Sample paralegals resumes are easily obtainable on the net. Make sure you attach a cover letter, while you would when applying for almost any other career, stating your curiosity and describing the expertise that make you a perfect candidate for that career. Sample cover letters are also posted on the web.

Are you still finding for a complete paralegal job description? Call on Kengen Leonad’s site directly for more information promptly.

http://freearticlesdirectorys.info/2011/04/17/paralegal-job-guide-for-those-without-a-clue/

Lawyers urged to sign the Eco-Pledge -- by California Bar Journal

2011-04-07T08:48:00.000-07:00

California lawyers are invited to sign the State Bar of California Eco-Pledge, which commits firms and individual lawyers to implementing such sustainable practices as reducing the use of paper, toxic chemicals, water and energy, promoting commuter incentives, recycling and using Energy Star appliances.

Beth Collins-Burgard, leader of the task force that created the pledge and sustainability guidelines and a member of the Environmental Law Section executive committee, said such a commitment is good not only for the planet and individual firms and lawyers but for business as well.

“A lot of clients are interested in hiring firms that are green,” said Collins-Burgard, of counsel at Brownstein Hyatt Farber Schreck, which became the first private law firm to adopt the sustainability commitment. By signing the pledge and posting the logo on their site, they can provide tangible evidence that they are committed to helping the environment. Collins-Burgard also believes it won’t be long before firm rankings include their commitment to the environment.

The pledge and a logo that firms may use on their websites when they have signed the pledge have recently been placed on the sustainability web page of the State Bar’s Environmental Law Section.
The pledge commits lawyers and their firms to assigning someone to implement the sustainability policy, implementing as many policy recommendations as possible, educating members of the firm about sustainability, encouraging law firm landlords and building owners to implement sustainable practices and review the policy and implementation efforts at the beginning of each year.

“The State Bar recognizes that environmental protection, climate change and related environmental and social issues are urgent problems that require action,” the pledge states. “The solution to these problems must include efforts by individuals, businesses and organizations – including the legal profession – to reduce their environmental impacts.”

The pledge and guidelines grew from a commitment to conservation of former State Bar President Jeff Bleich, the current U.S. ambassador to Australia, who created the sustainability task force.

Noting that California lawyers come from large firms, home offices, nonprofits with limited resources and countless other configurations, the bar “encourages its members to use their best efforts to achieve the sustainable practices set out in the Sustainability Policy.”

http://www.calbarjournal.com/April2011/TopHeadlines/TH6.aspx

Legal Advice for Bankruptcy Petitions in St. Petersburg FL --Post by Law Offices of Tara J Scott PA

2011-04-05T08:12:00.000-07:00

Bankruptcy utilized to bring much shame and stigma in the past. People have even been recognized to take their own lives since of it. In existing society, nevertheless, a bankruptcy petition is observed not as a badge of defeat but as a practical social safety net. Men and women in the United States, such as St. Petersburg FL, avail of this social alternative in order to be able to commence anew following becoming ruined by the monetary crisis that swept the country.

Due to the fact the reason for ruin is something that was beyond the control of men and women, it is not considered a personal failure. The result, nevertheless, is that numerous folks are now unable to meet monthly monetary obligations that employed to be within their budgets. A lot of people, for example, have been unable to meet mortgage payments. Rather than face property foreclosure which can be even more financially debilitating, they can file a bankruptcy petition in St. Petersburg FL or wherever they are in the country.

Any citizen of the United States can file a bankruptcy petition in court as long as he or she is qualified for the requirements defined by law. To be able to make certain of one’s eligibility for such qualifications and requirements, it would be best to consult competent legal counsel. Your lawyer will be able to expertly interpret all legal problems involved and decide which ones are applicable and most beneficial to you. It would be greatest to hire expert legal counsel that specializes in bankruptcy and foreclosure instances and consequently has significantly expertise in these. Of course, your lawyer is also expected to have a wide range of encounter in criminal defense, loved ones law and DUI or driving under the influence, for instance. This will make your bankruptcy petition filing in St. Petersburg FL issue free.

Individual petitioners can file for Chapter 13 bankruptcy or Chapter 7 bankruptcy under the US Bankruptcy Code. Your lawyer in St. Petersburg FL will assist you choose which 1 applies to you.

If you are receiving a standard monthly income that still exceeds fundamental wants, you can file for Chapter 13 bankruptcy. You will be left with sufficient income for your simple needs although the excess will be employed by court as your restructured monthly debt payment. The United States Bankcruptcy Code demands you to comply with this arrange for either 3 years or five years, depending on your income and your debts. At the end of that period some of your debts are considered cleared. There are particular debts that are not covered by this bankruptcy petition, although, and your lawyer will inform you of these beforehand. A distinct element of the Chapter 13 bankruptcy petition is the retention of your assets in St. Petersburg FL.

If your current monthly income is just enough for simple requirements or even much less, you qualify for a Chapter 7 bankruptcy petition. The court takes your assets, leaving certain exceptions and personal effects, and sells these to clear your debts. Your bankruptcy lawyer in St. Petersburg FL will explain to you what debts are not covered by this petition.

Legal advice from dependable legal counsel is necessary for bankruptcy petitioners in St. Petersburg FL and elsewhere to be able to maximize their rights and facilitate the legal method.

About the Author
Law Offices of Tara J Scott PA8950 9th St N Ste 204St. Petersburg, FL 33702Phone: (727) 329-8741Fax: (727) 329-8743Email: tscott@suchatimeasthis.orgWebsite: www.suchatimeasthis.org

http://yourkatyattorney.com/legal-advice-for-bankruptcy-petitions-in-st-petersburg-fl

Think Twice Before Claiming “Things” on Social Networking Sites -- Global LPO Conference

2011-03-22T07:43:00.000-07:00

Come March 1st, 2011, the Advertising and Standards Authority of UK shall have a bigger role to play. The ASA’s digital remit has been extended as far as it relates to public relations.

All advertising and promotional claims on the internet, including social networking sites such as Twitter and Facebook, are to come under the same regulations as the press and television. This seems to be a welcome extension of the powers of the ASA.

So think twice before you claim things on social networking sites or advertise your products or services in any one of them.

ASA’s new powers will be funded by a 0.1 per cent levy on paid-for advertisements appearing on internet search engines. It said that Google, the leading search engine, would be providing “seed capital” to initially finance the ASA.

There shall be a quarterly review of the extended digital remit by the Committee of Advertising Practice (CAP), Advertising and Standards Authority ASA) and the Advertising Standards Boards of Finance (ASBOF) to ensure that the UK’s advertising self-regulatory system continues to work in the best interest of consumers and the marketing community in the online and offline world.

http://www.globallpoconference.com/usa/blog/14-think-twice-before-claiming-things-on-social-networking-sites.html

The Power of the Legal Network ~ Networking 101 for Attorneys -- by Global Lpo Conference

2011-03-16T13:11:00.000-07:00

The power of networking is undeniable; whether a spontaneous or a well thought out intentional act, networking today has evolved into an art form. Networking is no longer merely about having access to information about jobs, developments within your firm or happenings in the legal market. It has assumed mammoth proportions and could be the difference between success and failure. While it is true that man cannot live in isolation, we all fear the unknown and naturally shrink at the prospect of going out of our way to ‘get-to-know’ people whom we otherwise would not have known. The foundation of a thriving and successful business/practice rests on sound communication skills and efficient networking. Irrespective of the area of your specialization, it is essential that you have a fair amount of contacts that will be your support when you’d like to try out a new venture or even during rough weather. Networking with others allows businesses, big or small, to share data, experiences and knowledge that could be mutually beneficial.

However, for most attorneys, marketing does not come naturally. Inherently, attorneys are hard wired into being independent, opinionated, self-reliant and largely undiplomatic in their mannerisms; qualities that do, at the onset, seem diametrically opposite to those required for networking successfully. The case is no different in the LPO industry. The primary benefits of networking for those in the LPO industry include;

(1) maintaining a strong network amongst professionals in the same field helps not only in the exchange of information; but since this is a fairly nascent industry, it also helps highlight and cope with the teething problems faced by the industry;
(2) networking aids in staying current not only on the laws but also business practices across the board;
(3) helps professionals build their industry visibility;
(4) creates a solid base for learning about possible new opportunities; and
(5) helps raise your company profile.

When in doubt, perhaps your most valuable tool is the ability to call someone you know and discuss how they are handling particular challenges. This ability to benchmark and trade best practices is an obvious and direct benefit of networking for professionals in the legal outsourcing industry. Some of the common and most successful ways that one can network in this industry include:

• Participating in Professional organizations and Conferences that hold regular networking events
• Subscribing to bulletins and newsletters to keep abreast of the latest in the industry
• Online forums like LinkedIn or creating a blog to discuss key issues that you may be facing professionally
• Attending Seminars with leading experts on the panel

With the spectre of ever increasing expectations looming large over the LPO industry, it is time for all associated with it to join hands and harness the potential of a network that can sustain the hopes and aspiration of every individual member. The Global LPO Conference 2011 is our attempt to first create a robust network and then raise awareness amongst members regarding best practices and innovative ideas.

http://www.globallpoconference.com/usa/blog/15-the-power-of-the-legal-network-networking-101-for-attorneys.html

Bankruptcy An Overview -- eeikbon's blog

2011-03-10T07:35:00.000-08:00

If you have critical financial debt troubles you could be contemplating bankruptcy. It is important to recognize what bankruptcy is and no matter whether it is the appropriate alternative for you.

What is bankruptcy? Bankruptcy is a short-term legal standing. When bankrupt, your non-essential property these kinds of as residence and possessions such as extra cash flow are utilised to spend off your creditors. At the end of the bankruptcy period, most debts are discharged. This can be an effective way of clearing debts you can't spend.

How lengthy does bankruptcy very last? Bankruptcy usually lasts for one 12 months. Soon after this time, you'll be "discharged" from your bankruptcy regardless of how considerably you nonetheless owe. Your discharge could occur earlier if you co-operate totally with the Official Receiver. Nonetheless, in a modest number of circumstances and if you have behave irresponsibly, bankruptcy can previous for much far more than one particular 12 months.
How do you turn into bankrupt? A court declares you bankrupt by issuing a "bankruptcy order" soon after it's been offered with a "bankruptcy petition". Generally this transpires in one of two ways.

Filing your own bankruptcy petition. - A debtor's petition type can be downloaded from the Insolvency Services website or obtained from county courts with bankruptcy jurisdiction. The finished form ought to then be taken to the county court nearest to you that has bankruptcy jurisdiction. A payment of a hundred and fifty kilos and deposit of 360 kilos is payable at this time. This amount can not be waived.

A creditor making you bankrupt. - Your creditors can current a creditor's petition if you owe them an unsecured debt more than 750 lbs. Once bankruptcy proceedings have began, you must co-run entirely even if it's a creditor's petition and you dispute their declare.

Wherever is a bankruptcy purchase manufactured? Bankruptcy petitions are typically introduced in acounty relevant court close to wherever you reside or trade. Who bargains with your bankruptcy? Once a bankruptcy buy has been created from you, your creditors can no extended go after you for payment. Payment turns into the duty of the trustee. An Official Receiver is appointed if you have no property. If you do have property, an Insolvency Practitioner will be appointed to act as trustee and market your property to shell out your creditors.

How bankruptcy has an effect on you. As soon as you are bankrupt, the Official Receiver, or appointed trustee, can sell your assets to spend your collectors. However, selected items are not handled as assets for this purpose, for illustration: essential work gear and necessary home products such as clothes, bedding and furnishings.

The Official Receiver can glimpse at your cash flow taking into account expenses and choose if payments need to be produced to your creditors. You may possibly be asked to signal an "earnings payments agreement" to shell out fixed month to month instalments from your cash flow for 3 years.

Your obligations when you're bankrupt. You need to: Give the Official Receiver facts of your finances, assets and collectors, search right after your property and hand them over to the Official Receiver with the related paperwork, such as financial institution statements and insurance coverage policies, tell your trustee about any new assets or earnings for the duration of your bankruptcy avoid using credit cards and financial institution or building society accounts not receive credit score about 500 kilos without having telling the creditor that you are bankrupt not make payments immediate to your collectors. You might also have to go to court and clarify why you are in debt. If you're considering about declaring by yourself bankrupt or you are becoming threatened with bankruptcy, it's crucial to seek independent assistance.

Related Sites : uk bankruptcy advice

http://www.thoughts.com/eeikbon/bankruptcy-an-overview

Solicitors Regulation Authority may undertake ‘thematic review’ of the LPO sector in 2011 -- Bar & Bench News Network

2011-03-07T07:16:00.000-08:00

The Solicitors Regulation Authority (SRA) is considering legal process outsourcing (LPO) as part of the consultation in Chapters 4 and 7 of the current draft of the Handbook. According to media reports, this Handbook is due to be launched in April of 2011.

Speaking to Bar & Bench, spokesperson Geoffrey Negus said, “The key issue for us is that it should not absolve the delegator (i.e. a legal service provider) of responsibility for the matter delegated”.

He added, “However, although we have not made any final decision, this is such a growing and fast-developing issue that we may undertake a thematic review in 2011 to identify whether there are any particular issues or risks that require changes to our current regulatory requirements or whether certain outsourcing arrangements need particular attention in the supervision process”

http://barandbench.com/brief/2/1158/solicitors-regulation-authority-may-undertake-thematic-review-of-the-lpo-sector-in-2011

ABA Ethics Committee Issues Opinion Detailing Lawyer Responsibilities When Outsourcing Legal Work Domestically or Internationally ---- Media Contact: Nancy Cowger Slonim

2011-02-15T11:38:00.000-08:00

CHICAGO, Aug. 25, 2008 - U.S. lawyers are free to outsource legal work, including to lawyers or nonlawyers outside the country, if they adhere to ethics rules requiring competence, supervision, protection of confidential information, reasonable fees and not assisting unauthorized practice of law.

Those are the conclusions of the American Bar Association Standing Committee on Ethics and Professional Responsibility, which describes outsourcing as a salutary trend in a global economy. Many lawyers do outsource work, using lawyers or nonlawyers as independent contractors, hiring them directly or through intermediaries and on temporary or ongoing bases, says the committee.

Outsourcing can reduce client costs and enable small firms to provide labor intensive services such as large, discovery intense litigation, even though the firms might not maintain sufficient ongoing staff to handle the work, according to a new ethics opinion issued today. Ethics Opinion 08-451 details ethics obligations of lawyers and firms that do elect to outsource legal work.

Outsourcing lawyers are subject, like all lawyers, to an obligation to render competent legal services, and lawyers who supervise other lawyers or nonlawyers in performing legal services are responsible for assuring the individuals they supervise comply with ethics rules governing lawyers. The committee notes that outsourcing lawyers may face challenges in assuring competence and in overseeing work by others, particularly when separated by thousands of miles and substantial time differences. Minimally, outsourcing lawyers should conduct reference checks and background investigations of lawyer or nonlawyer service providers and any intermediaries. They may also wish to interview principal lawyers on a project, assessing their educational background, and evaluate the quality and character of any employees likely to access client information, review security systems, and even visit the premises of the service provider.

If the provider is in a foreign country, the outsourcing lawyer should determine whether the legal education system in that country is similar to that of the U.S., and whether professional regulatory systems incorporate equivalent core ethics principles and effective disciplinary enforcement systems. Some circumstances may require more rigorous supervision than others, according to the committee. The outsourcing lawyer also should determine whether the foreign legal system protects client confidentiality and provides effective remedies to the lawyer’s client in case disputes arise.

Depending on the level of supervision contemplated by the outsourcing lawyer, it might be necessary to obtain informed client consent before engaging outside assistance. Informed consent also may be required to reveal confidential information, and the outsourcing lawyer should recognize and minimize the risk that a service provider might breach confidentiality, says the committee, suggesting written confidentiality agreements are “strongly advisable.”

Regarding fees, the opinion says outsourcing lawyers may pass along to the client the costs of using the service provider, including a reasonable allocation of associated overhead expenses, but “no markup is permitted.”

The committee also acknowledges it lacks authority to express an opinion about whether any particular service provider is engaging in unauthorized practice of law, but cautions that if the service provider is found to be not authorized to practice law, and the outsourcing lawyer facilitated that violation, the outsourcing lawyer will have violated ethical rules.

The ABA Standing Committee on Ethics and Professional Responsibility periodically issues ethics opinions for the guidance of lawyers, courts and the public interpreting and applying the ABA Model Rules of Professional Conduct to specific issues of legal practice and client-lawyer relationships.

The opinion is available from the ABA Center for Professional Responsibility at http://www.abanet.org/cpr.
With more than 413,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

http://apps.americanbar.org/abanet/media/release/news_release.cfm?releaseid=435

Ethics Opinions Allow Foreign Legal Outsourcing By Steven J. Mintz, Litigation News Associate Editor

2011-01-31T07:02:00.000-08:00

Lawyers and clients must weigh cost savings, quality, duty to supervise

Bar committees in New York City, San Diego County, and Los Angeles County have ruled, expressly or implicitly, that lawyers may contract with foreign lawyers not admitted to practice in any jurisdiction in the United States, or with nonlawyers outside the United States, to perform legal work for U.S. clients. These authorities hold that foreign legal outsourcing does not constitute aiding the unauthorized practice of law. NYCBA Formal Op. 2006-3; SDCBA Formal Legal Ethics Op. 2007-1; LACBA Ethics Op. 518.

The New York City bar opinion notes that outsourcing overseas “has begun to command attention in the legal profession, as corporate legal departments and law firms endeavor to reduce costs and manage operations more efficiently.” Some market research firms project that tens of thousands of U.S. legal jobs soon will be outsourced to low-cost countries, with the majority of jobs going to India.

"Outsourcing ‘will expand exponentially because of discovery costs."

The opinions maintain that foreign legal outsourcing should be subject to the same ethical requirements as domestic use of nonlawyer services, in particular targeting the following functions for the U.S. lawyer: Supervise the foreign lawyer’s work, preserve client confidences, avoid conflicts of interest, generally bill only for the direct cost of outsourcing, and obtain advance client consent in certain circumstances.

But the opinions emphasize that a U.S. lawyer who outsources work “must at every step shoulder complete responsibility for the nonlawyer’s work” (NYCBA opinion), and “under no circumstances may the non-California attorney ‘tail’ wag the California attorney ‘dog’” (SDCBA opinion). The NYCBA opinion also states that a “New York lawyer must be both vigilant and creative in discharging the duty to supervise,” which might require background and reference checks into outsourcing companies and interviews of foreign lawyers by telephone or Web cast. The San Diego opinion further requires that “to satisfy the [California] duty of competence, an attorney should have an understanding of the legal training and business practices in the jurisdiction where the work will be performed.”

The rulings “take settled principles and familiar rules and apply them to a slightly different setting,” says Bruce A. Green, New York City, professor at Fordham University School of Law and member of the Section of Litigation’s Council, referring to the New York City bar opinion. “Sending legal work abroad makes the supervision more challenging and raises the liability risks,” he explains, but as long as a U.S. lawyer remains responsible to both the client and the ethics rules, any additional risk “will only give lawyers added incentive” to closely supervise the delegation of work.

Foreign legal outsourcing “will expand exponentially because of discovery costs,” agrees Robert R. Simpson, Hartford, CT, Cochair of the Section’s Corporate Counsel Committee. He cites the new federal civil rules on electronic discovery and “sophisticated clients who see legal outsourcing as one vehicle to consider in keeping costs down” as driving demand for outsourcing. Law simply may be “a step behind the curve” of businesses that have set up call centers and technical support abroad, he notes.

But questioning whether the cost savings of foreign legal outsourcing outweigh the difficulties of supervision and concerns about the quality of work product yields differing opinions among Section leaders. “The problem with having foreign lawyers do U.S. legal work is that most of what you get is not going to fit the assignment,” says Louis F. Burke, New York City, Cochair of the Section’s International Litigation Committee. In Burke’s experience, the areas in which he practices, including securities, options, and futures, are too complex for foreign lawyers to substitute effectively for U.S. lawyers.

Quality may be an issue now, but “as the services offering foreign legal outsourcing become more sophisticated and experienced, people will begin using them for more subjective functions,” predicts Simpson. He agrees, however, that law may be less readily amenable than other businesses to foreign outsourcing because of the “additional level of supervision that is required by lawyers. Lawyers are often poor managers. ‘Out of sight, out of mind’ is the problem. It is hard enough to manage people in your department,” he says.

http://www.abanet.org/litigation/litigationnews/2007/july/0707_article_outsourcing.html

Process Patents in the Wake of 'Bilski' By Richard Raysman and Peter Brown

2011-01-12T08:43:00.000-08:00

This past summer, the U.S. Supreme Court issued its decision in Bilski v. Kappos, an appeal that posed the large questions of whether methods of doing business were patentable and what prevailing test should be employed when evaluating the patentability of process patents.

Despite the numerous amicus briefs and the fervent lead-up to oral argument, Bilski was more subdued than monumental. In its wake, the decision clarified certain aspects of patent litigation. However, it also created uncertainties for inventors who seek to patent software methodologies and financial processes; generated strategic concerns for certain patent licensors and licensees; and ultimately left the task of fashioning patentability standards to the U.S. Patent and Trademark Office and the U.S. Court of Appeals for the Federal Circuit.

This article discusses Bilski generally, the USPTO's response, the interpretation of the decision by subsequent courts, and some considerations about the effect of the future, post-Bilski landscape.

In Bilski v. Kappos, 130 S.Ct. 3218 (2010), the Supreme Court ruled that the Federal Circuit's machine-or-transformation test is not the sole test for patent eligibility under §101 of the Patent Act because any ordinary, contemporary meaning of "process" under the act would not necessarily require it to be "tied to a particular machine" or "transform an article."

The Court affirmed the circuit's holding of unpatentability and found the patentee's claims, which sought to patent both the concept of hedging risk and the application of that concept to energy markets, were attempts to patent abstract ideas, not patentable processes.

Most notably, the Court rejected the Federal Circuit's holding[FOOTNOTE 1] that the "machine-or-transformation test" is the exclusive test for determining patentability of a process under §101, instead holding that the test remains a "useful and important clue," but not the "sole test" for determining whether an invention is a patent-eligible process under §101.

Instead, the Court stated that the inquiry should be whether the claimed invention falls within the definition of statutory subject matter and is not merely a law of nature, physical phenomena, or an abstract idea.
Yet, the Court did not offer an example of an invention that would not be tied to a machine or transform an article and still pass the subject matter test, limiting its holding to the fact that the patent-at-issue disclosed an abstract idea and was invalid.

The Court also refused to interpret the Patent Act to categorically exclude business methods: The act "leaves open the possibility that there are at least some processes that can be fairly described as business methods that are within patentable subject matter under §101."[FOOTNOTE 2]

The Court noted that even if a particular business method fit into the statutory definition of a process, such a claim must still clear the statutory requirements for patentability, namely that any claimed invention be novel, nonobvious, and fully and particularly described.

In closing, the Court reiterated its cautious approach to avoid imposing limitations on the Patent Act that are inconsistent with the text: "The patent application here can be rejected under our precedents on the unpatentability of abstract ideas. The Court, therefore, need not define further what constitutes a patentable 'process,' beyond pointing to the definition of that term provided in -- the Patent Act and looking to the guideposts in [prior Supreme Court decisions]."

USPTO RESPONSE
To aid patent examiners in determining subject matter eligibility under 35 U.S.C. §101 in light of Bilski, the USPTO issued its "Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos," 75 Fed. Reg. 43922 (July 27, 2010). The interim guidance represents the USPTO's current understanding of the law and may be looked to by courts, but it does not constitute substantive rule making and does not have the force of law.

Generally speaking, it states that the machine-or-transformation test will remain a useful starting point for determining whether a claimed method is a patent-eligible process under §101.

The interim guidance also provides additional factors to aid in the determination of whether a claimed method that fails the machine-or-transformation test can nonetheless be patent-eligible, and whether a claimed method that meets the machine-or-transformation test can nonetheless be declared patent-ineligible.

Interestingly, the guidance also notes that the presence of a general concept can be a clue that a patent claim is drawn to an abstract idea, particularly in the face of the following factors: (1) the extent to which use of the concept would pre-empt its use in other fields; (2) the extent to which the claim is so abstract and sweeping as to cover both known and unknown uses of the concept; (3) the extent to which the claim is a statement of the problem versus a description of a particular solution to the problem; (4) whether the concept is disembodied or whether it is implemented in some tangible way; (5) whether the performance of the process is observable and verifiable rather than subjective or imperceptible.

According to the guidance, claims directed to abstract ideas were not patentable prior to Bilski, so subject matter eligibility outcomes are not likely to change in most cases, though in some rare cases, "factors beyond those relevant to machine-or-transformation may weigh for or against a finding that a claim is directed to an abstract idea."[FOOTNOTE 3]

It is anticipated that the factors will be modified in the face of new precedential case law and that new factors may be developed in the future, particularly for emerging technologies.

THE LOWER COURTS
The wisdom in Bilski was couched more in the negative than the positive -- the machine-or-transformation test is not the sole test for patentability of process patents, the patent-at-issue was not patentable because it was directed to an abstract idea.

The issue of what software and technological processes are patentable will now be fleshed out by the lower courts and the Federal Circuit. For example, in Ultramercial, LLC v. Hulu, LLC, 2010 WL 3360098 (C.D. Cal. Aug. 13, 2010), the patent-at-issue disclosed a method for allowing internet users to view copyrighted material free of charge in exchange for watching certain advertisements. The court granted the defendant's motion to dismiss based upon invalidity, finding that the plaintiff's patent did not disclose patentable subject matter, failing both the machine-or-transformation test and the prohibition against patenting abstract ideas.

The court rejected the patentee's argument that the patent was tied to a machine because of its application to the internet and certain programmed computers. It stressed that the machine must limit the invention in a meaningful way, and that in this case, the concept of advertisement-media exchange does not become patentable simply because the patentee allegedly limited its application to the internet.

Lastly, the court ruled that, much like the patent in Bilski, the plaintiff's patent reciting a method allowing an internet user to sit through a sponsored message in lieu of paying to see media, was an abstract idea, a concept that "public television channels have used -- for years to provide free (or offset the cost of) media to their viewers."

In another post-Bilski decision, a district court declined to use the machine-or-transformation test because not only was it no longer the exclusive test of patentability, it was also not necessarily an appropriate way to assess the patentability of product claims.

In Chamberlain Group Inc. v. Lear Corp., 2010 WL 4884448 (N.D. Ill. Nov. 24, 2010), the plaintiff asserted infringement claims against the defendant over patents covering garage door opening systems. The defendant proffered, among other defenses, that the asserted claims are directed to unpatentable subject matter.

The court stated that the principal question was whether the claimed subject matter fell within at least one category of statutory subject matter. The court held that the plaintiff's claims constituted patentable subject matter because the mathematical algorithms underlying the asserted claims were directed at a physical product (i.e., garage opener transmitter and receiver) that was used for a specific purpose.

Echoing the USPTO's interim guidance, the court also noted that the patentee did not purport, in any way, to preclude the use of the mathematical algorithms that operated within the garage door opener system for other purposes or other fields of use.

ANOTHER FEDERAL CIRCUIT CASE
Most recently, last month in Research Corporation Technologies v. Microsoft Corp., 2010 WL 4971008, the Federal Circuit reversed a lower court ruling of invalidity of the plaintiff's patents, which concerned a process for rendering a "halftone image" in digital computer displays and printer images.

Taking a wide look at Bilski, the court stated that the Supreme Court emphasized that the §101 patent-eligibility inquiry is only a threshold test, a "coarse eligibility filter," and should not become a substitute for a patentability analysis based upon an analysis of prior art or other substantive statutory requirements.

In quoting Justice John P. Stevens's concurrence in Bilski, the court stated: "In other words, Section 101 does not permit a court to reject subject matter categorically because it finds that a claim is not worthy of a patent."
As in Bilski, the Federal Circuit focused its inquiry on whether the plaintiff's patent was an unpatentable abstract idea. Echoing the Supreme Court's reluctance to provide a rigid formula or definition for abstractness, the court also refused to define abstract beyond recognizing that any disqualifying characteristic should "exhibit itself so manifestly" as to override the broad statutory categories of eligible subject matter.

The court held that the plaintiff's software patents were not abstract because they presented functional and palpable applications in the field of computer technology. The court recognized that while the patents incorporated algorithms and formulas that controlled the digital displays, they did not make the invention so abstract as to be unpatentable because patents do not lose eligibility if several steps of a process use a mathematical equation.

Importantly, the court noted that the patentees did not seek to patent a mathematical formula for any and all future uses, but rather only for a process of half-toning in computer applications.

LOOKING AHEAD
While the U.S. Supreme Court did not explicitly ban business method patents, going forward, it is likely that software-related and financial service patents will be more scrutinized, with increased focus on whether such patents are unpatentable abstract ideas.

Accused patent infringers may recalculate their strategies concerning whether to litigate and seek a re-examination or invalidation of the plaintiff's patent or settle on a reasonable royalty.

Similarly, in the patent licensing arena, licensors of many method patents were certainly relieved by the Court's limited ruling, yet some patent licensees may seek to renegotiate licensing fees or offensively move to invalidate a licensor's patents.

On the judicial side, following Bilski, courts and patent examiners are left to develop workable standards for determining patent eligibility beyond the machine-or-transformation test. In the end, modern inventions may call for new inquiries and the challenge will be in applying the machine-or-transformation test or other similar tests to software processes and emerging technologies.

As Justice Anthony Kennedy stated, courts face a great challenge in striking the balance between protecting inventors and not granting monopolies over procedures that others could discover by independent, creative application of general principles.

The Supreme Court may take up other important patent cases in the near future. Indeed, it has accepted the appeal of the Federal Circuit's decision in Microsoft Corp. v. I4I Ltd., 598 F.3d 831 (Fed. Cir. 2010). The appeal concerns the legal standard litigants must meet to successfully challenge a patent, namely whether the appeals court erred in holding that Microsoft's invalidity defense must be proved by clear and convincing evidence.

Commentators are also watching the Federal Circuit's consideration of Fort Properties, Inc. v. American Master Lease, LLC, 609 F. Supp. 2d 1052, stay lifted by No. 2009-1242 (Fed. Cir. Dec. 1, 2010). In that appeal, the circuit will review the lower court's pre-Bilski ruling that the defendant's patent, which discusses a business method for creating an investment instrument out of real property, did not satisfy the "transformation" prong of the machine-or-transformation test.

Richard Raysman is a partner at Holland & Knight and Peter Brown is a partner at Baker & Hostetler. They are co-authors of "Computer Law: Drafting and Negotiating Forms and Agreements" (Law Journal Press).

::::FOOTNOTES::::
FN1 In Re Bilski, 545 F.3d. 943 (Fed. Cir. 2008). Regarding the Federal Circuit's State Street [State Street Bank & Trust Co. v. Signature Financial Group Inc., 149 F. 3d 1368, 1373 (1998)] test, which the Federal Circuit repudiated in its Bilski opinion, the Supreme Court's majority opinion in Bilski neither explicitly endorsed nor rejected it, writing that "nothing in today's opinion should be read as endorsing interpretations of §101 that the Court of Appeals for the Federal Circuit has used in the past. See, e.g., State Street, 149 F. 3d, at 1373 -- " Bilski, 130 S.Ct. at 3231. However, the two concurring opinions (which were signed on by five justices) explicitly rejected the State Street "useful, concrete and tangible result test." For example, Stevens wrote that it "would be a grave mistake to assume that anything with a 'useful, concrete and tangible result,' may be patented." Id. at 3232, n. 1.

FN2 It should be noted that Stevens, whose concurring opinion was joined by three other justices, would have found methods of doing business to be unpatentable: "In the absence of any clear guidance from Congress, we have only limited textual, historical, and functional clues on which to rely. Those clues all point toward the same conclusion: that petitioners' claim is not a "process" within the meaning of §101 because methods of doing business are not, in themselves, covered by the statute. In my view, acknowledging as much would be a far more sensible and restrained way to resolve this case."

FN3 The Board of Patent Appeals and Interferences, which reviews adverse decisions of USPTO patent examiners, issued several post-Bilski decisions. While commentators might argue over whether the board has taken a hard line interpretation of the proscription against patenting abstract ideas or rightly rejected certain applications based upon vague, inexact claim language, it is clear that the board's approach is clearly being informed by the Supreme Court. See Ex Parte Proudler, No. 2009-006599 (B.P.A.I. July 7, 2010) (Board found the software inventor's application that contained general recitations to computers and other abstract functionalities was insufficient to bring the claims within the ambit of statutory subject matter); Ex Parte Birger, No. 2009-006556 (B.P.A.I. July 12, 2010) (Board rejected a software, digital communications-related invention because, among other things, the claimed invention was abstract and not directed to statutory subject matter).

http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202477737985&Process_Patents_in_the_Wake_of_Bilski

ABA Urges Obama Administration to Ask India to Ease Restrictions on Foreign Lawyers -- By Rhonda McMillion

2011-01-07T03:04:00.000-08:00

The ABA is urging the federal government to take steps to ensure that U.S. lawyers have appropriate access to the legal services markets of its key trade partners.

The ABA’s effort is another nod to the growing impact of globalization. A global economy is making it increasingly important for U.S. lawyers to be able to give advice and other assistance to clients around the world.

ABA President Stephen N. Zack recently focused on the importance of access for American lawyers to clients in India, the 14th-largest trading partner with the United States. Zack outlined the issue in a Nov. 3 letter (PDF) to President Barack Obama and urged him to raise it during his trip to India, which began Nov. 6. Zack said the provision of legal services is critical to increasing the level of trade between the United States and India. “Such services of lawyers well-versed not only in the laws of the United States and India but also cross-border transactional matters are plainly essential for such an increase,” wrote Zack, who is administrative partner in the Miami office of Boies, Schiller & Flexner.

India, for its part, has sent conflicting signals on its willingness to accept foreign lawyers. In March, the United States and India signed the Framework for Cooperation on Trade and Investment to strengthen bilateral cooperation and build on the rapidly growing trade between the two countries, which has doubled in the past five years. The framework includes the launch of an initiative called Integrating U.S. and Indian Small Businesses into the Global Supply Chain, intended to expand trade and job creation for U.S. and Indian companies.

In September, however, the Bar Council of India announced that it had decided not to permit foreign lawyers in the country, although the decision is still under final study. In addition, a private Indian lawyer has filed a lawsuit in the High Court of Madras seeking to restrict travel to India by foreign lawyers for purposes of giving advice about their domestic laws to Indian clients or advising clients from their own countries about doing business in India. (Currently, U.S. lawyers may visit India on a temporary basis only to advise clients on home country law.)

POINTING TO PRECEDENT

Zack’s letter requests that President Obama urge the Indian government to adopt a rule similar to the ABA’s Model Rule for Licensing and Practice by Foreign Legal Consultants (PDF), which has been adopted by more than 30 U.S. jurisdictions.
The rule allows a licensed lawyer from outside the U.S. to maintain an office in this country after registering with the local bar or court. This allows the lawyer to advise clients about the law of their home country without passing any exams or undergoing training in the United States. The ABA supports principles under which U.S. lawyers may secure the right to practice from offices abroad.

“U.S. lawyers want no more than the rights Indian lawyers have in the United States—a reciprocal opportunity to advise clients on the laws of their home country without presuming to advise on the law of a country where they are not admitted to practice,” Zack’s letter states.

The issue apparently was not addressed during Obama’s India trip, but raising it was an important first step for the ABA’s advocacy efforts. The ABA’s Governmental Affairs Office will continue to promote enhanced foreign market access for U.S. lawyers as Congress considers other possible free trade agreements with other countries, including Colombia, Panama and South Korea, in the near future.

http://www.abajournal.com/magazine/article/aba_urges_obama_administration_india_ease_restrictions_on_foreign_lawyers/

Facing ‘Unrelenting’ Price Pressures, Law Firms Turn to Outsourcing, Innovation-- By Debra Cassens Weiss

2010-12-13T06:52:00.000-08:00

Law firms faced with “unrelenting” pricing pressures from clients are beginning to outsource basic legal work, create new categories of lawyers, and take a “loss leader approach” to pricing.

In an article for the Am Law Daily, Dan DiPietro and Gretta Rusanow of Citi Private Bank's Law Firm Group base their conclusions on roundtables with managing partners at more than 150 law firms, both here and in London. Law firms are trying to save money so they can compete on price, the article says, and they are trying to please clients with approaches that go beyond alternative fees and discounted rates.

Some law firms have already moved back-office functions to cheaper locations, either within the United States or overseas, according to DiPietro and Rusanow. Sometimes the firms are hiring offshore service providers and sometimes they are creating their own captive offshore operations.

Now some law firms are going further, the article says, and are beginning to outsource basic legal work. Within firms, new categories of lawyers are being created to do work at lower cost than traditional partner-track associates.

Firms taking the “loss leader” approach heavily discount fees early in the client relationship to get a foot in the door. The hope is that the client will accept higher fees after it sees a difference in quality. Some firms are also offering discounts to start-ups in hopes of a long-term profitable relationship.

Firms are also offering “value beyond price,” the article says. In some cases, associates are sent to work in the offices of corporate clients for a negotiated price. Some clients are being offered a set amount of free telephone consultations. Other firms are offering “knowledge tools” such as a database of client work product, or access to research help.

“Firms are embracing the challenges they've faced in this soft demand market,” the article concludes.

http://www.abajournal.com/news/article/facing_unrelenting_price_pressures_law_firms_turn_to_outsourcing_innovation/

Vee Technologies Launches New Website

2010-12-02T13:03:00.001-08:00

New York, NY – Vee Technologies, a Strategic Services Company based out of Bangalore, India that offers world class quality in transactions processing is pleased to announce the launch of their newly redesigned website.

From Insurance to Engineering, Vee does it all. www.veetechnologiesusa.com will act as Vee’s new online store front, offering visitors a wealth of information about Vee’s various services and offerings. Visitors can now access brochures, videos, read client testimonials and see firsthand why Vee Technologies is the World’s Smartest Strategic Services Company.

About Vee Technologies – Vee Technologies is part of the Sona Valliappa Group – a name that is renowned in the Indian business firmament for over seven decades. The group was a pioneer in bringing IT to India. The group owns and runs a group of colleges from which it feeds talents in to Vee Technologies. Today, the BPO division of Vee Technologies has grown to over 700 FTEs and processes over 40,000,000 transactions annually.

http://www.veetechnologiesusa.com/resources/press-releases/120-vee-technologies-launches-new-website.html

Will U.K. Management Trends Influence U.S. Law Firms? by Gina Passarella

2010-11-04T05:34:00.000-07:00

Editor's note: This article is part of a weekly series from The Legal Intelligencer examining how law firms adapted during the last two years and where they are headed as the economy recovers.
Between new players looking to provide legal services and pushback from clients over paying for routine work, law firms potentially have less to do.

In response, some firms have looked to retool their business models, adjust the roles they play for their clients and, in some instances, get out of certain businesses altogether. For many firms, staying ahead of the curve will mean recognizing these challenges and figuring out creative ways to adapt, consultants say.

"Underestimating your opposition is a really bad idea," Edge International consultant Jordan Furlong said.
Furlong recently heard a general counsel say that her job is not to produce or deliver services to her clients but to manage solutions -- a role law firms would be served well by if they chose to embrace the concept, he said.

Firms should think of themselves as the managers of solutions and recognize they will do some of the work and send some out to other providers, he said.

"Smart firms will say they still want to manage the process and sit at the client's right hand," Furlong said, adding however, that they need to realize there are some things the firm is good at and other things a legal process outsourcer (LPO) may better handle.

The real battleground for law firms in the near future will be over who will serve as the quarterback, or the solutions manager, Furlong said.

Law firms in the United Kingdom seem to have been the early adopters of this model. Furlong pointed to Lovells, now Hogan Lovells since its merger with U.S.-based Hogan & Hartson. Lovells had gone out to find regional firms to do certain work at a lesser charge while Lovells would serve as the guarantor of the smaller firm's quality and liability.

Hogan Lovells London-based partner Michael Stancombe said the firm created what it calls its WAVE process eight years ago after some large clients started asking for some of the "smaller" work to be handled in a more cost-effective fashion while keeping Lovells involved in the oversight of the whole matter

The firm came up with the idea of having clients give it all of the work, as opposed to the portion it had prior, and the firm would manage it with the goal of decreasing the client's legal spend by 20 percent. All matters came through Lovells and anything below a certain threshold would be sent out to two pre-selected regional firms to handle at a lower cost. In turn, Lovells was able to increase its rates for the high-end work it was doing given the fact that the clients were still saving money. That also made up for sending out some of the work, Stancombe said.

The clients could theoretically just contract with the two smaller firms and cut out Lovells, but they want the management capabilities and high-end work from the firm, he said. The key factor in the WAVE concept is that the lead firm maintains oversight of the entire matter. So far, around 9,000 matters have been handled under this system, Stancombe said.

Since Lovells merged with a U.S. firm, WAVE is still implemented, and Stancombe said his legacy firm is working with its new colleagues across the Atlantic to see if such a system might make sense for their clients.
London-based Berwin Leighton Paisner took that concept a step further. Rather than utilizing a variety of lower-cost regional firms, Berwin Leighton created one that it controls. Lawyers on Demand is a subsidiary of Berwin Leighton that provides less expensive, though still highly trained, lawyers to serve on an interim basis within a client's law department. The freelance attorneys have the support of, and are under the control of, Berwin Leighton, but they operate under a different cost-structure

"We understand that work volumes are increasing yet many clients are coming under pressure to reduce legal costs," the firm said on its website. "All LoD fees are agreed in advance using a daily rate that reflects the expertise of the lawyer."

Other firms in the United States are using a distinct, internal attorney tier in an effort to reach a similar result. Adam Smith Esq. partner Janet Stanton called the concept a "light division" of attorneys. These lawyers are still part of the same firm but are perhaps resident on a different floor or office building and have no anticipation of becoming partner.

The idea is to combat the competition from temporary staffing agencies and keep as much of the commodity work in-house as possible, Stanton said. But this is just one type of service model and not suitable for every firm, she said. Some firms may choose to give up that work altogether and let the LPOs handle it.

Other firms are providing certain outsourced services themselves rather than let an e-discovery or document review LPO do it, Stanton said. They have created "e-discovery mills" or information centers in which lower-cost attorneys are working in lower-cost markets to handle work formerly done by more expensive junior and senior associates.

In an effort to make the work of junior associates more palatable to clients, the Practical Law Company is looking to team up with firms rather than work against them. Ian Nelson, head of the company's U.S. business development, wouldn't jump to call his company an LPO and said it has never looked to compete with law firms, though it does have some law department clients.

PLC provides online support for law firms, mainly in the transactional realm, that includes drafts of documents such as letters of intent, acquisition agreements or closing checklists. The goal is to stop lawyers from spending hours of research on how to draft these documents and instead focus on the legal services that can't be outsourced.

"There's a level of information that all lawyers at a certain level should have," Nelson said. "Clients shouldn't be paying for it."

Most of PLC's attorneys are former large-firm lawyers. Nelson said this isn't a lesser alternative but just a different way of training and providing services. Now that clients are interested in working with smaller firms, Nelson said, they are still expecting the same caliber of responsiveness and resources. Companies like PLC look to get lawyers up-to-speed faster, he said.

As with many LPO services, some firms have found a way to bring this research function in-house. And as with many business of law innovations, the concept hails from the United Kingdom

Professional support lawyers started in the United Kingdom more than 10 years ago and some consultants say they may be migrating into U.S. firms. The role of a professional support lawyer is to serve the firm or a specific practice area by staying up-to-date on changes to the law and assisting or providing drafts of legal documents all in an effort to prevent younger associates from billing the clients for hours spent doing the same thing

This attorney, who isn't billing time and can often work on a flexible schedule, might focus on researching new laws, draft documents and manage document systems, hold training sessions for younger lawyers and answer questions for billing attorneys on institutional knowledge within the firm.

The role is a cost center for law firms, as these positions are generally paid at a senior-associate level, but they can also be viewed as a way to combat the unwillingness of clients to pay for younger lawyers to learn on the job.

In February, London-based Clifford Chance was seeking a professional support lawyer for its New York office to work with the mergers and acquisitions and corporate finance practices. Some of the job descriptors included gathering and disseminating "know-how," collecting precedents and creating, updating and managing standard legal forms.

Regardless of whether firms are bringing the competition in-house, working with outside vendors or holding tight to the traditional law firm model, clients have an increasing number of options when it comes to service providers.

"There used to be one monolithic legal services provider -- the law firm," Furlong said. "Now there are many and clients will choose among them."

The "huge role" for law firms, he reiterated, is the quarterback.

http://www.law.com/jsp/article.jsp?id=1202474333189&rss=newswire

Smaller Firms May Soon See More Laterals, Fewer Young Lawyers by Zack Needles

2010-11-04T04:50:00.000-07:00

Just as the recession caused more large companies to turn their attentions toward smaller firms, it had a similar effect on lawyers who traditionally might have been thought of as "big firm material."

Slashes in compensation and questionable job stability at megafirms sent more top-tier law school graduates to midsize and small shops.

Similarly, increasing rate pressure drove some big firm partners to smaller firms.

Still, while the number of young, well-pedigreed job candidates has remained high at small and midsize firms over the past few years, the number of big firm laterals migrating to smaller firms has not reached the heights many first predicted.

But some in the legal community believe the apex of large-to-small lateral market activity is still on the horizon, along with a shift back to big firms for many young lawyers.

LATERAL MOVEMENT? NOT YET
It was widely predicted that the recession would cause a number of large firm partners to jump ship for smaller firms.

The logic was simple: General counsel at big companies would be operating with tighter budgets and big firm lawyers would find it more and more difficult to justify their high rates, so they'd move to smaller shops where there's less overhead.

But some in the legal community reported that, so far, this scenario has played out more in theory than in practice.

Peter R. Spirgel, managing shareholder of Flaster Greenberg in Cherry Hill, N.J., said he's been "surprised" by the lack of big firm lateral interest his firm has experienced over the past few years.

"I'm trying to figure out why and I've called some placement firms we've used and asked, 'Is it me?,'" he said. "But they said no. In fact, they see that partners with nice-sized portable books are less likely to move in troubled economic times. It's just another risk factor they don't want to bear."

Recruiter Frank D'Amore of Attorney Career Catalysts agreed that's part of it.

"Some people have decided, I think, that because of the uncertainties associated with the recession, 'If I can hold my own where I am, maybe now is not the time to take a risk,'" he said.

Both Spirgel and D'Amore said that much of the big-to-smaller firm movement that has occurred over the past few years has involved attorneys who were forced out of big firms because their practices couldn't be supported in tough economic times.

Big firm partners with solid books of business, however, have largely stayed put, according to D'Amore.
Those lawyers, he said, have recently been "protected in a cocoon" in which they've been allowed to offer their clients significant discounts and creative alternative fee arrangements as their firms fought to maintain business and weather the economic storm.

But a healing economy may prove to be worse news for big firms than an ailing one when it comes to losing partners, D'Amore said.

As the economy begins its upswing, he said, megafirms will likely try to return to something resembling their pre-recession selves by scaling back discounts and other client concessions and eventually increasing rates again.

General counsel, however, aren't likely to be as eager to go back to "normal."

If that happens, D'Amore said, partners who stuck it out with their firms over the last few years will have to decide whether they'd be better off somewhere smaller.

"Decision day will come for people who have kind of been in abeyance," he said.

In addition, he said, the recession forced many large firms to define their identities, leading to a market where international, national and regional firms are more clearly demarcated.

Because of this, according to D'Amore, partners with more rate-sensitive practices may increasingly begin feeling like they no longer belong at a firm whose overhead includes, for example, an office overseas.
Partners in certain practice areas may also begin to feel out of place at megafirms.

Patent prosecution and trusts and estates, as well as labor and employment work focusing on the public sector, employment practices liability insurance and individual cases are a few examples D'Amore gave of practices that may become harder to sustain at large firms.

BIG LAW BECKONS AGAIN
While the lateral partner movement has been sluggish, a number of midsize and small firms across Pennsylvania said the last few years have brought a wave of resumes from the type of highly credentialed young lawyers big firms typically scoop up first.

"In this year's summer class of 2010, we had representatives of the University of Virginia, Penn, Duke and George Mason," said David M. Kleppinger, chairman of Harrisburg-based McNees Wallace & Nurick. "In a typical year, we may have seen one or two from those types of schools. This year, it was the entire class."
Spirgel said he's had a similar experience.

"We were always very particular about who we hired," he said, explaining that his firm has long strived to hire attorneys who did well at top-ranked law schools.

The difference now, Spirgel said, is the firm has been hearing from "way more" young lawyers who fit that criteria.

Spirgel attributed this phenomenon to two factors: The shrinking compensation gap and the widening job-security gap between megafirms and smaller firms.

But as the economy begins to recover and large firms become more comfortable, D'Amore said, an increasing number of young lawyers may once again find themselves drawn to big firm life.

D'Amore said a number of large firms are beginning to "wade cautiously" into hiring again, planning summer programs with the hopes of bringing on new attorneys in the fall of 2011 and the fall of 2012.

Likewise, compensation may start to rise again, catching the eyes of both new graduates and young associates currently working at smaller firms, he said.

"When people have been [at a smaller firm] for three or four years and they graduated with a lot of loans and obligations and the market starts to go back, maybe firms won't be going crazy with starting salaries but the edge up will become very attractive," he said.

Kleppinger, however, was reluctant to solely credit the recession with the uptick in well-qualified hiring candidates at smaller firms.

Another component of it, he said, is generational.

"People know that the work requirements in some of the larger city firms are a lot larger than they are here in terms of time commitments and more and more young people are coming out of law school saying, 'I don't want that, I don't need that,'" Kleppinger said.

But D'Amore said that while this can be true, the workloads at midsize firms and large firms are not always that different.

For example, he said, while an attorney at a megafirm may be obligated to bill significantly more hours than a smaller firm counterpart, it will often be easier for the large firm attorney to find time to bill.

So the amount of effort required by each attorney in that scenario is basically equal, according to D'Amore.
More solid selling points for smaller shops hoping to sway young lawyers from going to big firms, he said, are the ability to offer more hands-on experience, a faster partnership track and greater flexibility in terms of work schedules.

http://www.law.com/jsp/article.jsp?id=1202474331627&rss=newswire

The City slowly discovers legal process outsourcing (LPO)

2010-11-02T10:08:00.000-07:00

Following in the footsteps of the banking industry and their counterparts on Wall Street, a number of leading City law firms are beginning to seriously consider outsourcing as a way to further cut costs. However and while adopting some form of business process outsourcing (BPO) has become increasingly the norm, legal process outsourcing (LPO) has yet to significantly catch on.

According to a recent article in Legal Week, eight firms among the top 30 City firms are or were currently looking at introducing some aspects of LPO. These firms included Allen & Overy (A&O), Eversheds, Freshfields Bruckhaus Deringer, Linklaters, Lovells, Pinsent Masons, Wragge & Co and Simmons & Simmons while CMS Cameron McKenna and SJ Berwin are in the process of identifying what areas they would like to outsource. Meanwhile, another eleven of the top 30 firms said they had no plans to begin any type of LPO work and some of these firms had already looked at LPO as an option and had discounted it. Nevertheless, more than half of the firms in the top 30 had told Legal Week that they already outsource at least some of their back office functions.

So why is BPO more popular than LPO among City firms? A recent (November 2009) Legal Week Big Question Survey of partners from City firms in London found that half of those surveyed thought that the general standard of work on offer by LPOs could be better. In fact, no one rated LPO services as excellent while 14% rated such services as good, 27% thought they were ok and 7% rated the services as poor. Meanwhile, 36% of responding partners thought that service levels were “much better” in the UK than the standards abroad and another 38% thought that such services were merely “better” while 19% thought there would be “no difference” in terms of outsourcing location.

Despite some doubts though, a clear majority of City partners thought that the traditional law firm model will need to change or evolve substantially. In fact, 58% of City partners said that law firms will need to re-engineer their business models by considerably improving IT infrastructure and process management over the next 10 years while 24% foresee a “massive need” for such changes. However, there was unanimous agreement that outsourcing legal work as opposed to back office functions was much harder to credibly outsource. Hence, only 13% of City partners saw major prospects for the expansion of LPO into commercial legal services and another 34% predicted “considerable” expansion while 53% expected little to no growth.

However, The Times has recently pointed out that attitudes are likely to change given that a new recruit at a leading City law firm can expect a starting salary of about £60,000 which can rise to more than £90,000 at the best paying firms. The Times pointed out that there are studies that suggest that there are already 10,000 lawyers in India who are working for outsourcers and the total revenue for the LPO sector is expected to double in 2010 to US$1 billion and rise to US$4 billion within five years

In other words, LPO will likely catch on in the near future as the recent Legal Week piece had quoted one City law firm partner as saying that the days of paying for all types of work by the hour and having all of those hours under the same roof no matter what the task was are long gone. In fact, the partner even went on to say that there will only be one “profession” (the world’s oldest!) that will soon be left doing that.

http://outsourceportfolio.com/city-slowly-discovers-legal-process-outsourcing-lpo/

Legal Process Outsourcing (LPO): Giving lawyers a case of their own medicine?

2010-11-01T05:23:00.000-07:00

For certain the legal profession, long despised for its sky high fees, is one profession that few Americans would be sorry to see outsourced to India resulting in large scale job losses – at least for lawyers that is. Hence, will the emergence of Legal Process Outsourcing (LPO) finally cut the legal profession and its fees down to size? Maybe. Or maybe not.

Fortunately or unfortunately depending on how much you love lawyers, the legal profession is one profession that seems to be largely protected from the full blown effects of outsourcing. After all, a lawyer in one country generally cannot practice law in another country as the legal profession is governed by intricate licensure and ethical rules that are set by jurisdiction. Hence, Forrester Research is quoted in the Wall Street Journal as estimating that only 35,000 USA based legal jobs will be moved offshore by 2010 and 79,000 by 2015 – only a tiny fraction of the estimated 1.2 million lawyers in the country.

Moreover, don’t expect any US$500 an hour lawyer to have his or her job outsourced to India any time soon as the brunt of any job shift will be felt by paralegals and junior lawyers as LPO type of work typically includes basic legal research, documentation writing and review and the drafting of legal briefs and pleadings. In other words, routine legal and corporate secretarial type of work that no US$500 an hour lawyer would do themselves.

However, the potential cost savings from LPO are enormous with a recent USA Today article stating that some LPO companies will charge only US$25 an hour for work that would otherwise cost more than US$125 an hour if it were done in the USA. Moreover, starting salaries for new associates at big law firms in the USA can be more than US$200 an hour or US$160,000 per year at large and prestigious law national firms while the national average annual salary for lawyers according to a 2007 Altman Weil survey is US$318 per hour and US$550 per hour at large New York City law firms. However, an experienced lawyer in India can be bill at US$75 to US$100 per hour, roughly what some experienced USA based paralegals charge; while a indian lawyer with five years of experience can be hired for just US$30,000 a year including benefits, half of what an experienced USA based corporate paralegal would earn. And not to mention there is the cost of office space in New York verses Mumbai or Manila.

Nevertheless, don’t expect much in the way of cost saving to trickle out of large law firms or the legal departments of large multinationals. However, LPO does have the potential to significantly level the playing field for smaller law firms, smaller companies and individuals who can now have an amount of legal work done that could not be affordably attained in the USA. In other words, LPO has the potential to free up and leverage resources that will allow lawyers and Americans in general to do what they have almost always done best: sue each other.

http://outsourceportfolio.com/legal-process-outsourcing-lpo-giving-lawyers-case-medicine/

Growth of Consumer Debt Litigation Keeps Small Firms Busy -- by Zack Needles

2010-10-06T09:17:00.000-07:00

A logical chain of events has occurred over the past few years: The recession has caused more consumer debts to go unpaid which, in turn, has led to more legal battles between consumers and their creditors.
On one hand, debt collectors are suing consumers to collect the unpaid debts. On the other, consumer debtors are filing suits claiming debt collection harassment.

Attorneys across Pennsylvania said both types of litigation have been on the rise in the state over the past few years and it's typically been small firms and solo attorneys that have benefited.

Pittsburgh solo attorney Eugene D. Frank, whose practice includes defending consumer debtors against collection actions, said he's seen an uptick in debt collection suits against consumers in recent years, but not necessarily by the original creditors.

"I am seeing more and more of that as we move along, primarily because you're having a lot of junk debt buyers purchasing these delinquent accounts and using more and more aggressive tactics, including lawsuits," he said.

The term "junk debt buyer" refers to an agency that purchases charged off debt from creditors, often in bulk and for pennies on the dollar, and then attempts to collect from the debtors.

Philadelphia solo attorney Michael P. Forbes said this form of debt buying became an industry unto itself during the savings and loan crisis of the 1980s and 1990s and has grown considerably during the most recent economic downturn.

Forbes said junk debt buyers are filing suits against debtors at an increasing clip and, while he has seen his caseload increase, "most people don't know that they can defend the case and can probably beat it."
According to Forbes, these agencies often have poor documentation or no documentation at all to prove they own the debt and to confirm the amount of the debt.

Frank agreed, saying that because junk debt buyers purchase debt in bulk, they often fail to obtain or retain the necessary records.

Documentation tends to become even more shoddy when those agencies resell the debt to other debt buyers, Frank said.

As a result, attorneys defending debtors in collection actions can often get cases thrown out on the grounds that the collection agencies violated civil procedure.

In addition to the more aggressive collection tactics increasingly being used by junk debt buyers, Frank said debt settlement programs are also partially to blame for driving up collection lawsuits.

Often, the programs advise consumer debtors to stop making payments while a settlement is negotiated, operating under the premise that most creditors won't resort to a lawsuit until the four-year statute of limitations has nearly expired, according to Frank.

Typically, however, debtors find themselves being sued within a year or so of discontinuing payment, Frank said, adding that most suits go unanswered and result in default judgments for the creditors.

Both Frank and Forbes said it's often in the debtor's best interest to hire an attorney to fight collection suits because default judgments can result in bank garnishments and liens against real estate and personal property.
"There's no such thing as judgment-proof," Frank said.

Frank said that because consumer debtor defense work is "more volume-based," it's typically handled by smaller practitioners.

Forbes agreed, saying the defendants in those cases are usually represented by solo attorneys or two-lawyer practices.

The same can be said about the attorneys representing the collectors in those cases.
According to Forbes, most of the firms representing plaintiffs in collections actions against consumers have five or fewer attorneys.

Noah P. Fardo, managing partner of four-attorney Flaherty Fardo in Pittsburgh, which represents creditors and debt collection agencies in collections actions, said there's "no doubt" collection activity has increased over the past two or three years.

"I've said it for the last couple years: The worse the economy gets, the busier we get," he said. "Collections is a recession-proof business."

But while both Frank and Forbes blamed the recent spike in collections actions on so-called junk debt buyers, Fardo said his firm usually draws the line at taking those agencies on as clients.

"We've represented some of the debt buyers and those cases are so picked over, so worked, that I don't like to represent those types of clients," he said.

According to Fardo, debt buyers are "typically looking for lawyers on a strict contingency basis and we don't believe the success rate warrants taking on those types of cases."

Part of the reason for that, he said, is the difficulty many of those agencies have in documenting debt that is often four or five years old.

"We have typically stayed away from aged receivables without proper documentation," he said, but added that he has noticed more and more of the creditors his firm represents inquiring about debt-selling opportunities.

And while he said his firm's creditor clients are "very organized," he has witnessed poor record keeping by both debt buyers and original creditors from the other side of the aisle, defending debt relief companies from creditor law suits.

Fardo said his firm has recently seen an influx of those types of cases, which it accepts provided there are no conflicts with its existing creditor clients.

Through the course of doing that work, Fardo said he's also noticed a trend of creditors failing to present witnesses at arbitration or trial in hopes that debtors will testify against themselves.

"We will often instruct our clients who we represent not to attend hearings with us," he said, explaining that, without a witness, the creditor is unable to prove its case. "We're winning verdicts because credit card companies can be lazy."

But there's another type of creditor-debtor litigation that has kept both plaintiffs and defense lawyers busy recently: debt collection harassment suits.

Both Forbes' and Franks' practices include filing law suits in state and federal court on behalf of debtors who claim their rights have been violated by aggressive debt collectors.

Under the federal Fair Debt Collection Practices Act, consumers can sue third-party debt collectors, but not original creditors, alleging the use of abusive collection tactics.

Frank said those types of cases have remained "pretty consistent" in recent years and Forbes said he's been filing more of those suits since the recession hit.

Like debtor defense work, debt collector harassment claims are mostly filed on behalf of consumers by small firms and solo lawyers, according to Forbes.

But while debt collectors also tend to hire small firms to represent them as plaintiffs, Forbes said he's seen everything from two-lawyer shops to megafirms serve as defense counsel in debt collection harassment cases.
For example, Philadelphia-based Marshall Dennehey Warner Coleman & Goggin, which has more than 400 attorneys, has a consumer and credit law practice group devoted to defending lenders, financial institutions and debt collectors against consumer debtor lawsuits.

Philip B. Toran, a shareholder at the firm and chair of its executive committee, said the practice "has been busy in the last few years."

http://www.law.com/jsp/law/sfb/lawArticleSFB.jsp?id=1202472943270&Growth_of_Consumer_Debt_Litigation_Keeps_Small_Firms_Busy

Justices Consider Limits on Employer Background Checks in NASA Case -- By Marcia Coyle

2010-10-06T09:14:00.000-07:00

Lawyers for the federal government clashed with lawyers for a group of California scientists at the U.S. Supreme Court on Tuesday over how much information the government can demand in background checks on potential employees before violating their privacy rights.

And the justices themselves appeared to have conflicting concerns about background investigations. "Are there any limits on what the government can ask?" Justice Sonia Sotomayor pressed Acting Solicitor General Neal Katyal shortly after he opened his argument in National Aeronautics and Space Administration v. Nelson. Can the government ask someone about his genetic makeup because "we don't want someone prone to cancer?" she added.

"Does NASA have a right to know that an employee has a sign on his front lawn saying, ‘I hope the space shuttle blows up?' " Justice Samuel Alito Jr. asked the scientists' counsel, Dan Stormer of Pasadena, Calif.'s Hadsell Stormer Keeny Richardson & Renick.

Katyal wants the Court to overturn a preliminary injunctionissued by the 9th U.S. Circuit Court of Appeals (pdf). The appellate court agreed with the scientists -- 28 long-term, low-risk, contract employees at a NASA research facility in California -- that certain questions on the NASA background forms for contract employees were so intrusive as to violate their right to informational privacy.

One question involves illegal drug use in the past year. The scientists did not object to being asked whether they used, possessed, supplied or manufactured illegal drugs, but they did object to providing information about any treatment or counseling received. They also objected to an open-ended question on a second form, which seeks any information bearing on the person's suitability for employment -- "derogatory as well as positive information." The questions were not narrowly tailored to achieve legitimate government interests, according to the appellate court.

In answering questions from Sotomayor and other justices, Katyal stressed there is no constitutional limit on the government's collection of information in the employment context as long as there are adequate privacy safeguards. The federal Privacy Act, he added, contains the necessary protections against disclosure.

"This case doesn't force the Court to answer the outer limits of what the government can do," he said. If the 9th Circuit's reasoning is applied to a permanent injunction, he warned, it "could preclude the government from asking for all kinds of information."

Chief Justice John Roberts Jr. asked Katyal why the government needs information about drug counseling or treatment. When Katyal responded, "It's for the good of the employee," Roberts rejoined, "Whenever the government says that, you have to be suspicious. It's one thing to say, ‘I had a drink.' It's another to say, ‘I'm in AA.'"

Stormer, too, faced his share of skeptical questioning. In response to Alito's hypothetical about the sign hoping the shuttle would blow up, Stormer conceded that NASA had a right to know about it. Alito then said, "I don't see how to do that without open-ended questions. You would have to have a question on the form asking: Does the person have a sign on the front lawn saying, 'I hope the space shuttle blows up.'"

The alternative to open-ended questions, added Alito, would be to compile a list of everything that makes a person unsuitable for employment -- an "impractical" alternative.

Throughout the hour-long argument, Justice Antonin Scalia challenged the existence of a right to informational privacy. He noted that legislatures, including Congress, have acted in this area to protect private information. "Maybe you don't need us," he told Stormer. The scientists' lawyer said the right was grounded in the Fifth Amendment's concept of ordered liberty.

The Supreme Court has never used the term "right to informational privacy," but in two cases from the 1970s, the justices have said the right to privacy contains "the individual interest in avoiding disclosure of personal matters." As lower courts have dealt with related issues, that interest has come to be known as the right to informational privacy.

http://www.law.com/jsp/article.jsp?id=1202472929254

Hill Dicks pilots business outsourcing and reviews use of outside providers -- ByClaire Ruckin

2010-09-02T05:38:00.000-07:00

Hill Dickinson is examining the role of its outside providers and has launched an outsourcing pilot as part of a cost cutting review being rolled out across the firm.

Managing partner Peter Jackson and financial director Colin Wardale launched a review of the firm's practices over the summer in a bid to cut back on expenses. As part of the project, the national firm is attempting to cut money spent on outside providers in areas including training, education and business development resources.

The firm stressed the process was not with a view to making redundancies but an attempt to go over budgets with each of the seven practice group heads.

The move comes after the firm kicked off a business process outsourcing pilot earlier in the year across part of its secretarial function to see if it can boost savings. The pilot, led by head of HR Andrew Rushworth, is being conducted in Hill Dickinson's claimant and professional services teams with two different outsourcers in the UK.

Jackson (pictured) commented: "When we first started our large expansion plans [six years ago] we didn't have the infrastructure to support the business; now we are thinking that we may have too much. We are not taking a knife to the business and cutting out major things but we are objectively analysing whether everything we are spending our money on is necessary."

Jackson and Wardale are likely to present their findings to the board at the end of the year.

The firm is also considering whether it should take advantage of its geographical position and act as an outsourcer for the major City firms.

http://www.legalweek.com/legal-week/news/1730605/hill-dicks-pilots-business-outsourcing-reviews-outside-providers

Banks to allow local groups to buy foreclosures -- By ALAN ZIBEL AP Real Estate Writer

2010-09-02T05:34:00.000-07:00

WASHINGTON (AP) - Major banks are agreeing to give local governments and nonprofit groups the ability to buy foreclosed homes before they are sold to private investors.

The Obama administration says local officials could benefit from acquiring these properties and using the land for redevelopment projects. Congress has provided $7 billion in money to buy the homes.

These groups have been outbid by speculators who are snapping up foreclosures.

The administration says the largest mortgage lenders in the country, including Bank of America Corp. and Wells Fargo & Co. have agreed to let the groups purchase the properties ahead of private speculators.

http://news.findlaw.com/ap/f/1310/09-01-2010/20100901070502_07.html

Former Halliwells partners on the hook for further bank loans -- By Claire Ruckin

2010-09-02T05:32:00.000-07:00

Second cash call and St James's deal leave some liable for £500k

Halliwells partners look set to be asked to repay more than £2m in additional bank loans taken in 2010 as further details of the now-defunct firm's finances and partner liabilities emerge.

The firm conducted a voluntary cash call at the beginning of the year which saw 28 partners contribute a total of £2.3m, facilitated by professional practice loans (PPLs) taken out from The Co-operative Bank.

Partners put in varying amounts depending on whether they had received a payout on completion of the firm's new offices in Spinningfields. Those who received the windfall contributed £20,000 per equity point, while those who did not put in £10,000 per point.

The capital raising was at the request of the Royal Bank of Scotland (RBS) and came at the same time that the firm renegotiated £19.8m of loan facilities with the bank.

The cash injection came in addition to a mandatory capital raising conducted in 2008, when partners doubled what they had in the firm. At the time PPLs were taken out with Handelsbanken.

Partners will now be expected to pay back outstanding loans with The Co-op, Handelsbanken and RBS - with some partners liable for in excess of £500,000.

A spokesperson for The Co-op commented: "We can confirm that The Co-operative Bank does have professional practice loans in place with Halliwells partners. However, due to customer confidentiality we are unable to discuss specific details."

News of the additional cash call comes as it emerges that the former 40-strong Halliwells equity partnership is facing liabilities of up to £3m on its former Manchester premises at St James's Court.

The firm agreed to a rental contract with a break clause in 2013; however, it left the premises in 2007 when it relocated to Spinningfields. A number of partners including litigation partner Paul Thomas and former senior partner Alec Craig acted as guarantors for the 40,000 sq ft space.

Thomas has sent letters of demand to meet rent liabilities to former equity partners. The firm is hoping to negotiate a discount with the landlord, but it is likely partners will owe at least £25,000 each.

Thomas has also contacted the London Court of International Arbitration and is hoping that former Halliwells partners will agree to participate in an arbitration process. He has instructed John McGhee QC of Maitland Chambers to advise on the matter.

In addition to Thomas and Craig, former Halliwells partners Matt Wightman and Chris Phillips are also named as guarantors on the St James Court lease. However, both are disputing this, given they left the firm in 2009 under the assumption their role as guarantors would be passed onto existing members within the firm.

Phillips left to become a consultant at Keoghs, while Wightman became chief executive of HL Interactive, the bulk legal services business which demerged from Halliwells last year. The duo have instructed Walker Morris to advise.

Halliwells issued notice of intention to appoint administrators in June, concluding the break-up and sale of its business the following month.

http://www.legalweek.com/legal-week/news/1730588/former-halliwells-partners-hook-bank-loans

Botox Maker to Pay $600 Million in Settlement Over Off-Label Uses -- By Sue Reisinger

2010-09-02T05:27:00.000-07:00

Allergan, Inc. Wednesday said it has agreed to pay $600 million in criminal and civil penalties and plead guilty to one misdemeanor count of "misbranding" its drug Botox as part of a global settlement (pdf) with the federal government over off-label uses of the drug.

As part of the plea deal, the Irvine, Calif.-based drug company agreed to drop its First Amendment legal action against the U.S. government. This action, filed last fall, contended that the government's legal position -- that it's a crime for a drug company to communicate truthful information to physicians about off-label uses of its products -- violates the First Amendment and is inconsistent with the Federal Food, Drug & Cosmetic Act.

(Also See: Allergan Press Release (pdf))

At the time the action was filed, critics said it threatened the entire federal regulation of pharmaceuticals.

But one of the top First Amendment experts in the country, Harvard Law School professor Laurence Tribe, said at the time, "I think that Allergan has a strong First Amendment case for a right to market lawful but off-label uses for its drugs in a truthful and non-misleading way." But now the suit is dead.

Tony West, U.S. assistant attorney general in the civil division, said Allergan had also paid kickbacks (pdf) to doctors to try off-label uses. West trumpeted the size of the settlement as "impressive, to be sure."

But Allergan is paying only a fraction of the record $2.3 billion that Pfizer Inc. paid last year to settle misbranding allegations over its pain killer, Bextra. A Pfizer subsidiary also had to plead guilty to a felony in that case.

In Allergan's plea deal, the company admitted that between 2000 through 2005, its marketing of Botox -- not to be confused with its cosmetic cousin -- resulted in intended but off-label uses for the treatment of headache, pain, spasticity and juvenile cerebral palsy.

In March 2010, the Food and Drug Administration approved Botox for the treatment of adults with upper limb spasticity, and the company said clinical trials are under way to gain approval for the other uses.

Over 70 other countries already approve the use of the drug for juvenile cerebral palsy, and doctors in the U.S. can and do legally prescribe it. But it remains illegal for Allergan to discuss that off-label use with the doctors until the FDA approves it.

Of Allergan's penalty, $225 million will go to resolve civil claims asserted by the Department of Justice under the False Claims Act. The company continues to deny liability associated with the civil allegations.

"This settlement is in the best interest of our stockholders as it resolves all matters at issue in the investigation, avoids substantial costs of litigation, as well as the substantial risks to Allergan associated with government enforcement action," said Douglas Ingram, Allergan's executive vice president. Ingram was previously the company's chief legal officer dealing with the government's investigation and supervising the First Amendment suit.

The settlement still must be approved by the federal courts overseeing the criminal and civil cases. Allergan was represented by Paul Clement, a partner at King & Spalding in Washington, D.C., and a former U.S. solicitor general.

The deal also required the company to enter into a corporate integrity agreement with the Department of Health and Human Services. Under the agreement, Allergan will maintain its updated compliance program and undertake a series of compliance-related obligations, including additional monitoring, maintenance of specific written standards, auditing, training, education, reporting and disclosure, for five years.

The agreement also provides for an independent third-party review organization to assess and report on Allergan's compliance program.

Allergan estimated it will record pre-tax charges of between $610 million and $615 million in its third quarter in connection with the settlement. The amount includes interest and attorneys fees.

http://www.law.com/jsp/article.jsp?id=1202471484515

Calif. rejects ban on plastic shopping bags -- By ROBIN HINDERY Associated Press Writer

2010-09-02T05:20:00.000-07:00

SACRAMENTO, Calif. (AP) - California lawmakers on Tuesday rejected a bill seeking to ban plastic shopping bags, after a contentious debate over whether the state was going too far in trying to regulate personal choice.

It would have been the first statewide ban, although a few cities already prohibit their use.

The Democratic bill had been the subject of a furious lobbying campaign by the plastic bag manufacturing industry, which called it a job killer.

The Senate took final action at the very end of the legislative session, reflecting how difficult it had been to muster support. The bill received just 14 votes in the Senate, seven short of the majority it needed.

Supporters of AB1998 said the 19 billion plastic bags Californians use every year harm the environment and cost the state $25 million annually to collect and transport to landfills.

Sen. Gil Cedillo, who carried the measure on the Senate floor, said it offered California an opportunity to emerge at the forefront of a global trend.

"If we don't solve this problem today, if we don't create a statewide standard, if we don't provide the leadership that is being called for, others will," the Los Angeles Democrat said.

A handful of California cities already ban single-use plastic bags, after San Francisco became the first to do so in 2007. Palo Alto, Malibu and Fairfax have since followed, while a ban approved in Manhattan Beach is tied up in litigation, said Matthew King, a spokesman for Heal the Bay, the Santa Monica-based nonprofit that sponsored AB1998.

The bill called for the ban to take effect in supermarkets and large retail stores in 2012. It would have applied to smaller stores in 2013.

Republicans and some Democrats opposed it, saying it would add an extra burden on consumers and businesses at a time when many already are struggling financially.

"If we pass this piece of legislation, we will be sending a message to the people of California that we care more about banning plastic bags than helping them put food on their table," said Sen. Mimi Walters, R-Lake Forest.

Sen. Lois Wolk, D-Davis, was one of half a dozen Democrats to vote against the bill. She said the state instead should offer incentives for reducing the use of plastic bags before imposing a statewide mandate.

http://news.findlaw.com/ap/f/1310/09-01-2010/20100901000501_02.html

Volvo asks Hausfeld to chase Pilkington for price-fixing losses -- Katy Dowell

2010-08-02T10:25:00.001-07:00

Hausfeld has launched a High Court claim against Pilkington Group on behalf of motoring giant Volvo, almost three years after the car glass manufacturer was fined for price fixing.

Pilkington was handed a €140m (£100m) fine by the European Commission in 2007 for conspiring with three glass manufacturers - Asahi, of Japan; Guardian, of the United States; Saint-Gobain, of France - to fix the price of flat glass and allocate markets for car glass products between 1998 and 2003.

Volvo has instructed Hausfeld partner Anthony Maton to pursue Pilkington for losses it suffered as a result of the price fixing.

Maton said: “The car glass cartel was fined at record levels by the Commission and caused substantial damage to our client Volvo and others in the struggling car industry.

“Volvo has therefore instructed us to recover the significant financial losses it suffered due to these inflated prices over a period of five years.”

Litigators across the City have reported a significant rise in the number of follow on actions arising from cartel investigations.

Last month British Airways went to the High Court to request that a number of international airlines, including Air France, KLM, Cathay Pacific, Cargolux, Qantas and Emirates, be named as co-defendants in a lawsuit over a price-fixing cartel for air-freight services.

BA pleaded guilty to price fixing to regulatory authorities in the US, Australia and Canada and were recently fined by the regulatory authority in South Korea. The EC, however, is yet to deliver a verdict on its investigation into the airline.

Slaughter and May partner Richard Swallow instructed Kenneth MacLean QC of One Essex Court to represent BA. Maton, who is representing two flower importers who claim to have suffered losses as a result of the alleged cartel, has instructed 20 Essex Street’s Iain Milligan QC to bring the claim.

That case is currently awaiting judgment from the Court of Appeal to decide whether Hausfeld can bring a representative action against BA.

http://www.thelawyer.com/volvo-asks-hausfeld-to-chase-pilkington-for-price-fixing-losses/1005213.article

Federal Lawsuits Seek $30 Million in Madoff Family Money -- Larry Neumeister

2010-08-02T10:21:00.000-07:00

The court-appointed trustee seeking to recover billions of dollars lost by jailed financier Bernard Madoff sued three entities Thursday to get back more than $30 million that he said the Madoff family had invested, mostly in oil and gas properties and technology companies.

The three lawsuits filed in U.S. Bankruptcy Court in Manhattan by Irving Picard are a follow-up to a lawsuit he filed in November seeking nearly $200 million from family members who he said lived lavishly while using the family finance business like a "piggy bank."

Picard wrote sarcastically in the latest lawsuits that Madoff was "quite generous" with the money he stole from thousands of customers in history's largest Ponzi scheme.

"Foremost among the recipients of Madoff's gifts of customer funds were his closest family members, including his wife Ruth Madoff, his brother Peter, his two sons Andrew and Mark and his niece Shana," Picard said.

"With respect to Mark and Andrew, the lawsuits are without merit, both factually and legally," said Martin Flumenbaum, a lawyer for Madoff's sons.

Peter Chavkin, a lawyer for Ruth Madoff, declined to comment.

Messages left with lawyers for Peter and Shana Madoff were not immediately returned.
The 72-year-old Madoff is serving a 150-year prison sentence after admitting that he never invested tens of billions of dollars he received from investors.

Defendants named in the lawsuits Thursday included Madoff Energy Holdings LLC, Conglomerate Gas Resources, Madoff Technologies, Madoff Brokerage & Trading Technology LLC, Primex Holdings LLC and Madoff Family LLC. Picard said the entities were controlled by Madoff family members, many of whom worked for Madoff.

The lawsuits sought more than $22 million invested in technology companies, more than $5 million invested in oil and gas properties and another $3 million from the Madoff Family Fund, which included investments in a hedge fund and a biotechnology company.

The lawsuits said the investments were used as vehicles to funnel money out of Bernard L. Madoff Investment Securities.

According to the lawsuits, the investment arm of Madoff's business generated account statements in early December 2008 for approximately 4,900 open customer accounts that claimed they were worth about $68 billion. In reality, Madoff had lost all but a trace of the original $20 billion invested by his customers, the lawsuits said.

Madoff confessed in December 2008 to his sons and later to the FBI that his business had operated for about two decades as a Ponzi scheme in which some investors were paid off with the money provided by new investors.

http://www.law.com/jsp/article.jsp?id=1202464114009

Lawyer's Indecent Proposals to Female Clients Bring One-Year Suspension -- By Michael Booth

2010-08-02T09:58:00.000-07:00

The New Jersey Supreme Court on Thursday issued a one-year suspension to a Newark lawyer who offered discounted fees to female clients or their family members in exchange for sexual favors.

David Witherspoon might consider himself lucky. Two justices wanted him disbarred and said the court should set a bright-line rule like the one that mandates disbarment for trust-fund theft.

"One's bodily integrity is at least as important as the security of the finances one entrusts to an attorney," Justice Jaynee LaVecchia said in a dissent joined by Justice Barry Albin.

"The only appropriate measure of discipline that protects the public from respondent's intolerable behavior, and sends a zero-tolerance message toward lawyers who would consider preying on their clients, is disbarment."

But the rest of the court was more forgiving, saying the facts did not warrant imposing so extreme a punishment. This record … lacks the severity of the sexually-unethical behavior that we have previously considered to be worthy of disbarment," Justice Helen Hoens wrote for the majority in In the Matter of David Witherspoon, D-157-08.

For his part, Witherspoon says he disagrees with the court's assessment of what occurred between himself and his clients. "I have a decent record of providing affordable service to over 10,000 clients and will resume that level of service when this period is over," he says.

Witherspoon, a Newark solo, was charged with telling four female clients in bankruptcy cases that he would reduce or forgive fees in return for sexual favors. According to the stipulated fact record:

• In 2001, Witherspoon asked one client, S.S., about her personal life, asked if she would go out with him and made inappropriate sexual advances.

• In 2005, he told T.B., the daughter of a client, that he would forgive her father's debt of $300 in legal fees if she would meet him in a hotel room for three hours. Later in the case, he offered to forgive another $200 if she would dance for him in a bathing suit at his office.

• In 2005, when a client, S.B., visited Witherspoon's office accompanied by a female friend, he commented that many gay women "come on" to him and that if S.B. and her friend would "make out" he would file S.B.'s bankruptcy free of charge. Later, when S.B. told him that there was another creditor to be added to the petition, Witherspoon said he would do so only if S.B. lifted her skirt. On another occasion, he told her she could satisfy her outstanding legal fees by allowing him to watch her with her female friend or by letting him join in.

• In 2005, when a client, A.C., arrived for one of her appointments, Witherspoon said, "Oh, so you're the gay girl," and suggested that her lesbianism was caused by a bad experience with the male sex organ. On another occasion, he told her that he was a "breast man" and that if she joined him on his office couch, he would return to her $660 of the legal fees she had paid him.

None of the women accepted his offers. In his defense, Witherspoon said the atmosphere in his office was very relaxed and conversations on subjects of "a highly personal nature" were common. He also said the comments were made "purely in jest" and that he never intended to insult or demean any of the grievants. But the women all testified they believed he was proposing to exchange legal services for sex.

The District VI Ethics Committee that first heard the case found Witherspoon's respondent's explanations for his conduct unpersuasive and found he violated several Rules of Professional Conduct, among them RPC 1.7(a)(2) (conflict of interest) and RPC 8.4(g) (sexual discrimination or harassment).

The committee recommended a censure, along with mandatory sexual harassment sensitivity training and other supervisory measures.

The Disciplinary Review Board recommended, after de novo review, agreed with the committee on its findings but not as to discipline. The board urged a three-month suspension while two members would have imposed six months.

The DRB minority cited Witherspoon's prior disciplinary history. Admitted to the bar in 1994, he was on four prior occasions admonished, reprimanded and censured for shoddy recordkeeping and for failing to communicate with clients. That, together with his lack of contrition for his actions in the present case, evidenced "both arrogance and a lack of moral values," the minority said.

When the court heard his case last Dec. 1., Witherspoon offered apologies for his conduct. "I do want to express my regret for my behavior," he told the justices, admitting that until recently he did not take the attorney disciplinary system as seriously as he should have.

"It took me months to understand that the RPCs are there to help my practice," he said, recounting five steps he had taken to improve himself professionally. He said he had taken professional responsibility courses, hired an accounting firm, adopted a policy of immediately returning telephone calls and conducted his own audit of his business and trust accounts.

At the hearing, Witherspoon's attorney Bernard Freamon urged the court to impose the minimum suspension and consider appointing a proctor. "Mr. Witherspoon is trying to turn the corner," said Freamon, a Seton Hall University School of Law professor. "I don't believe you will see Mr. Witherspoon again."

In Thursday's opinion, Hoens said that the DRB majority's recommendation was "inadequate" but that there was no bright-line rule for the proper discipline to impose.

"Although we have cautioned that sexual offenses involving clients will be treated severely … there are few published decisions addressing such matters, and those decisions yield a variety of disciplinary outcomes,"

Hoens wrote.

Disciplinary cases involving sexual misconduct of a criminal nature have resulted in disbarment, she said, while others have led to periods of suspension ranging from three months to three years.

Only in certain cases -- such as willful misappropriation of funds or certain violent criminal offenses -- is there a bright-line rule mandating disbarment, Hoens said. Otherwise, "all discipline is fact-sensitive."
There were three reasons why the majority believed a one-year suspension was appropriate.

First, Hoens said, "As offensive as respondent's behavior was … none of the grievants accused respondent of forcing them to endure any unwanted physical contact or even attempting to do so; none of them felt sufficiently pressured that she even considered giving in; none sought therapy or treatment to overcome the experience; none has suggested the incidents were traumatic; and none pursued criminal charges."

Second, the record "lacks the severity" of behavior that in prior cases have led to disbarment. There was no evidence that Witherspoon was threatening or dangerous, Hoens said.

Third, while preying on clients goes directly to the heart of the attorney-client relationship, the majority could not go along with creating a bright-line rule mandating disbarment.

"[W]e cannot endorse the dissenters' automatic disbarment approach because of its broader implications," Hoens said.

"Carried to its logical conclusion, creating the zero tolerance' rule that they advocate based on this record would demand that we automatically disbar attorneys involved in non-criminal, non-threatening, non-traumatizing, purely verbal, sexual improprieties directed at other adults, simply because they are clients.
"In light of our disciplinary precedents making pain that not every conviction for a sexual offense will result in disbarment, we conclude that it would be disproportionate punishment indeed if respondent's behavior, although boorish, insensitive and offensive, but well shy of criminal, found itself on the far side of that bright line."

The Court said Witherspoon must undergo sensitivity training and institute accounting controls in his office before he can return to practice.

http://www.law.com/jsp/article.jsp?id=1202464064588

Supreme Court Trims 'Miranda' Warning Rights Bit by Bit "Justice Sotomayor says the majority's latest decision 'turns Miranda upside down'" by Jesse J. Holland

2010-08-02T09:54:00.000-07:00

You have the right to remain silent, but only if you tell the police that you're remaining silent.

You have a right to a lawyer -- before, during and after questioning, even though the police don't have to tell you exactly when the lawyer can be with you. If you can't afford a lawyer, one will be provided to you. Do you understand these rights as they have been read to you, which, by the way, are only good for the next two weeks?

The Supreme Court made major revisions to the now familiar Miranda warnings this year. The rulings will change the ways police, lawyers and criminal suspects interact amid what experts call an attempt to pull back some of the rights that Americans have become used to over recent decades.

The high court has made clear it's not going to eliminate the requirement that police officers give suspects a Miranda warning, so it is tinkering around the edges, said Jeffrey L. Fisher, co-chair of the amicus committee of the National Association of Criminal Defense Lawyers.

"It's death by a thousand cuts," Fisher said. "For the past 20-25 years, as the court has turned more conservative on law and order issues, it has been whittling away at Miranda and doing everything it can to ease the admissibility of confessions that police wriggle out of suspects."

The court placed limits on the so-called Miranda rights three times during the just-ended session. Experts viewed the large number of rulings as a statistical aberration, rather than a full-fledged attempt to get rid of the famous 1966 decision. The original ruling emerged from police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. It required officers to tell suspects taken into custody that they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.

The court's three decisions "indicate a desire to prune back the rules somewhat," Kent Scheidegger, the legal director of the Criminal Justice Legal Foundation, a victims' rights group. "But I don't think any overruling of Miranda is in the near future. I think that controversy is pretty much dead."

The Supreme Court in 2000 upheld the requirement that the Miranda warning be read to criminal suspects.
This year's Supreme Court decisions did not mandate changes in the wording of Miranda warnings read by arresting police officers. The most common version is now familiar to most Americans, thanks to television police shows: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?"

However, the court did approve one state version of the Miranda warnings that did not specifically inform suspects that they had a right to have a lawyer present during their police questioning.

The Miranda warning used in parts of Florida told suspects: "You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview."

Lawyers -- and the Florida Supreme Court -- said that didn't make clear that lawyers can be present as the police are doing their questioning. But Justice Ruth Bader Ginsburg, writing the 7-2 majority decision, said all the required information was there.

"Nothing in the words used indicated that counsel's presence would be restricted after the questioning commenced," Ginsburg said. "Instead, the warning communicated that the right to counsel carried forward to and through the interrogation."

The next day, the court unanimously limited how long Miranda rights are valid.

The high court said for the first time that a suspect's request for a lawyer is good for only 14 days after the person is released from police custody. The 9-0 ruling pulled back from an earlier decision that said that police must halt all questioning for all time if a suspect asks for a lawyer.

Police can now attempt to question a suspect who asked for a lawyer -- once the person has been released from custody for at least two weeks -- without violating the person's constitutional rights and without having to repeat the Miranda warning.

"In our judgment, 14 days will provide plenty of time for the suspect to get reacclimated to his normal life, to consult with friends and counsel and to shake off any residual coercive effects of his prior custody," said Justice Antonin Scalia, who wrote the majority opinion.

And finally, the court's conservatives used their 5-4 advantage to rule that suspects must break their silence and tell police they are going to remain quiet if they want to invoke their "right to remain silent" and stop an interrogation, just as they must tell police that they want a lawyer.

All the criminal suspect needs to say is he or she is remaining silent, wrote Justice Anthony Kennedy. "Had he made either of these simple, unambiguous statements, he would have invoked his 'right to cut off questioning.' Here he did neither, so he did not invoke his right to remain silent."

But Justice Sonia Sotomayor said the majority's decision "turns Miranda upside down."
"Criminal suspects must now unambiguously invoke their right to remain silent -- which counter intuitively requires them to speak," she said. "At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so."

Police officers will look at these decisions and incorporate them into their training, said James Pasco of the National Fraternal Order of Police. "Officers are expected to adapt to changes required by the Supreme Court," Pasco said. "This will be no different."

But Fisher thinks the court's Miranda decisions will make it easier for police to get confessions out of people who don't want to confess. "Those decisions open up ways for cops to work around Miranda," Fisher said.

http://www.law.com/jsp/article.jsp?id=1202464143411&Supreme_Court_Trims_Miranda_Warning_Rights_Bit_by_Bit

Financial Reform Keeps Law Firm Banking and Securities Practices Busy -- By Sheri Qualters

2010-08-02T09:48:00.000-07:00

Regulations for the recently enacted financial reform law are months away, but law firms with strong financial services practices are rolling out the welcome mat for client conferences and filling their calendars with client meetings.

Debevoise & Plimpton of New York, for example, attracted 325 attendees to a July 8 conference organized with one week's notice, including the July 4 holiday weekend, said Greg Lyons, co-chairman of the firm's financial institutions group for the Americas.

The conference predated the July 21 enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act by a couple of weeks, but the firm assumed it wouldn't change much after it passed the U.S. House of Representatives on June 30.

"We're going to be doing more of that [kind of event]," Lyons said. "[The law] really is a fundamental shift in some of the oversight regulations."

Lyons predicted clients will frequently need further guidance and discussion during the next 18 months to two years. He's already got nine client meetings scheduled through the middle of August and expects to travel to Europe in the fall to meet with foreign banks with U.S. operations.

"If you look at the number of provisions and rules and the summary of provisions, [that's] over 170 pages long -- it's a staggering amount of work," Lyons said.

Clients' initial questions have largely focused on the so-called Volcker rule, which generally bans banking institutions from investing in private equity or hedge funds or engaging in proprietary trading, he said. Private equity funds that have banks as advisers or significant investors, or do joint ventures with banks to set up funds, also want to know what it means for them, said Lyons.

The law is designed to be somewhat painful for institutions, but there's a silver lining for some banks. Section 613 of the law will enable national or state banks to open branches in other states as if they were chartered in those states.

"It allows banks to branch interstate without regard to state law, and some of our clients are interested in that," Lyons said.

More than 200 attendees were signed up for Shearman & Sterling's panel discussion Thursday on the global business and legal implications of the financial reform bill, said partner Brad Sabel, who co-heads the New York-based firm's financial recovery and reform advisory group.

Like their Debevoise & Plimpton counterparts, Sabel and other colleagues are meeting with individual clients. "Several of us are a movable feast," Sabel said.

In addition to getting clients up to speed on the Volcker rule, Shearman & Sterling is helping clients set up a plan for complying with the Lincoln Amendment, which will require banks to establish a separately funded affiliate for swap trading activities in two years' time. Once agencies such as the U.S. Securities and Exchange Commission issue proposed regulations for comment, Sabel expects the firm to take an active role in helping clients draft comment letters.

"For big things like this, that can be quite a job," Sabel said.

In the past six months, New York's Proskauer Rose has held at least three webinars covering proposed legislation targeting private investment funds, including the Dodd-Frank bill and proposed European legislation, said Howard Beber, a Boston corporate partner and member of the firm's private investment funds group. Beber's group chiefly advises clients on the Private Fund Investment Advisers Registration Act of 2010 section of the financial reform bill. The private fund act calls for most hedge fund and private fund advisers to register with the SEC and implement compliance measures such as tapping a chief compliance officer, developing a written code of ethics and implementing policies to curb insider trading.

Beber said webinars are a good option for educating the firm's global client base of private investment fund clients. "The response to webinars has been tremendous," he said.

Although extensive regulatory scrutiny is a new phenomenon for private investment fund managers, the Investment Advisers Act dates back to 1940.

"While some particular rules [related to Dodd-Frank] have not yet passed, generally speaking the framework of what private investment fund managers are going to have to comply with is already in place," Beber said.
Aside from government scrutiny, financial services companies have to worry about bounty-seeking whistleblowers. The law calls for the SEC to pay whistleblowers cash rewards of between 10 percent and 30 percent of government sanctions from civil or criminal proceedings that top $1 million and are attributable to the whistleblower's information. The same standards apply to whistleblower information collected by the U.S. Commodity Futures Trading Commission.

"There's going to be an intense focus on compliance" over the coming years, Lyons said.

http://www.law.com/jsp/article.jsp?id=1202464109685&Financial_Reform_Keeps_Law_Firm_Banking_and_Securities_Practices_Busy

What It Takes to Succeed in Online Marketing -- By: Debra Regan

2010-07-01T07:20:00.000-07:00

Sixty-five percent of people in need of legal representation begin their search for an attorney on the Internet, according to a 2009 report in the New York State Bar Association Journal. How difficult is it for these potential clients to find a particular firm online and, once they do, are they motivated enough by what they find to take the next step and contact that firm? Some lawyers embrace online marketing and do it well, while others make mistakes that cost them clients, money and time.

Lawyers are highly educated and trained to write for the courts, where complex legal jargon is expected and well understood. Writing for the Web (and for prospective clients) is an entirely different animal. A law firm administrator should consider asking his or her nonattorney friends whether they find the law firm's site content easy to understand and compelling. If the answer is "no," the firm should consider hiring someone with experience writing for the Web. An experienced writer can help the firm communicate with prospective clients more efficiently and effectively, as well as include a strong call to action. Experts can also improve a firm's positioning on search-engine results by incorporating keywords into the copy that are relevant to the firm's practice and that prospective clients are most likely to input into search engines.

A law firm's website is the centerpiece of its online marketing efforts. It tells the world who the firm is, what it does and why it does it well. If a firm builds it right, the website can create a favorable impression of the firm, while generating quality leads. If a firm has developed a website that clearly describes its capabilities in terms of client needs, but no one is calling, it should try a couple of quick fixes that could get the phones ringing. A firm should always put its location and phone number prominently at the top of the website. It should include a strong call to action that will motivate prospective clients to call, such as, "For a free consultation, contact us now." Not fancy, but it works.

Additionally, law firm management should recognize that it can be intimidating to call a law firm, so it should include a contact form right on the site for prospects to fill out so the firm can contact them. Again, the firm should put this high up, above the fold on every page. If a firm has a good message on its website, those three simple steps should provide it with a noticeable lift in response. It shouldn't cost much or take a lot of time.

Search-engine marketing encompasses all efforts to promote a website or business online within search engines like Google, Bing and Yahoo. There are two ways to employ search-engine marketing: through search-engine optimization, which works to improve a website's rankings within the body of search-engine results, and pay-per-click advertising, which allows the site owner to place sponsored messages along the top and right side of the main search-engine results. Lead activity (phone calls or e-mail contacts) increase by 45 percent when search-engine results are coupled with a pay-per-click campaign. See iCrossing Search Synergy Report, March 2007, www.slideshare.net/iCrossingDe/search-synergy-report. A law firm should hire an outside agency with expertise to help it establish a comprehensive strategy; then it should test it relentlessly and measure results.

A law firm administrator might see a few examples of high-ranking websites within an outside agency's portfolio and believe that the search-engine marketing (SEM) agency is good at what it does, but he or she would need to do further research before bringing an agency on board. For example, are the high-ranking websites ranking for the "best" (most traffic/leads) keywords? Are the high-ranking websites ranking for the right keywords for the law firm's marketing strategy? What is the SEM firm doing to drive higher rankings? Is it a breadth of SEM work or is it relying on only one tactic, thus putting the entire firm's SEM eggs in one basket? Finally, and most important: Is the agency employing legitimate and ethical practices to affect ranking? A firm should remember that, if it hires the agency, it is representing the law firm's brand: If the agency uses black hat (shady, unethical) tactics, the firm will have to deal with the fallout.

DON'T EXPECT IMMEDIATE RESULTS

Business owners who are unfamiliar with how search-engine marketing works tend to expect results in a matter of days. Law firm managers shouldn't get discouraged just because the phones aren't ringing off the hook after a couple of weeks. They should consider testing an SEM program on just one area of practice before investing the firm's money in all of them. From there, the firm can adjust and expand as needed. It should set reasonable goals and establish effective processes to track all phone and e-mail inquiries generated from the campaign. If a firm commits itself to the program, it will reap the rewards. Results from search-engine marketing take time; the firm will need to be patient. Typically, it will see results from a search-engine optimization program in approximately three to six months, during which time performance is monitored and the program is tweaked for optimal results. Although one can see immediate results from a pay-per-click program, it takes about one to three months to set it up properly.

In the legal services business, in which people work very closely with their attorneys, it is crucial for a firm to incorporate a video on its website so that potential clients can see who they might be hiring. The vast majority of U.S. citizens are accustomed to viewing online video, and including at least one video on the site can help bring a firm to life for prospective clients. An effective online video can also increase a firm's exposure on search engines, and adding the video to YouTube, legal directories and other video distribution sites can extend that reach. A firm should create a professionally produced video that runs up to two minutes and includes an actionable invitation to connect with the firm by phone or e-mail. It should include three key messages within the first 30 seconds, as viewers might not retain any more than that. A firm should measure pre- and post-publish statistics to identify page views, downloads and other metrics to determine how well the video is performing.

Each month, millions of people visit online legal directory sites to find information and local lawyers who can help them confront a pressing legal concern. That's why a paid profile on one of these sites should be part of a law firm's marketing strategy. The more information a firm includes about its expertise, the better. The firm should make sure to include information that is critical to prospective clients, such as years of experience, areas of practice, languages spoken, office hours and payment options. A firm should include a compelling tagline that can set it apart from others. Establishing a profile on one of these sites will drive more qualified leads to the firm.

A firm should make sure to tailor its tagline associated with search-engine sponsored results and sponsored links to the area of practice and geographic region the ad is targeting. For example, an ad for bankruptcy in Chicago should have a different tagline than an ad for personal injury in Dallas. Likewise, for sponsored results, the landing-page URL for the "view website" link should also be tailored to each specific ad. Ensuring that the taglines and landing-page URLs are distinctly relevant to the ad will present a better experience for the user and will increase the potential for more leads -- and better-quality leads.

LEVERAGING RATINGS AND RANKINGS

Ratings are critical to driving new business in the digital age. Lawyers need to understand that "buyers" of legal services are turning to the Web in record numbers to research lawyers and read online ratings and reviews that include peer assessments, as well as client feedback regarding a lawyer's legal ability, cost, perceived value, ability to communicate and other factors. If a firm has established a favorable peer-based rating through a credible, third-party ratings resource, it should make sure that rating is featured prominently on its website and encourage satisfied clients to post reviews of the firm's performance on matters no longer before the courts. If the firm gets negative feedback through one or more of these sources, it should use that as an opportunity to assess weaknesses in its approach and as an opportunity to address the concerns of potentially unhappy clients. A firm is going to get reviewed, rated and ranked whether or not it actively pursues these assessments, so it's better to engage and leverage positive reviews to the fullest.

Lawyers are notoriously slow adopters of new technologies, but the general population is blogging, tweeting and flocking to sites like Facebook and LinkedIn by the millions. Limited time and resources make in-person networking more difficult than ever. However, involvement in social media offers limitless opportunities to find, connect and engage with prospective clients. If a law firm administrator is unsure how to start or needs help refining an approach, he or she should talk to an expert with a proven track record in helping lawyers leverage social media for business development. Then he or she should spend the necessary time up-front establishing concrete and reasonable goals.

A social-media expert can help a firm decide whether it should devote time to creating a blog, establishing a presence on one or more professional networking sites, setting up a Twitter account or all of the above and more. Social media are collections of "communities," each with its own culture and rules of conduct. A law firm administrator should take some time to observe and learn before throwing the firm into the mix. Once a firm does jump in, it should do so in the spirit of connecting with and helping others in the community by providing useful information. It should avoid any overt sales pitches. Business inquiries will come as the firm establishes trust and credibility in various online forums.

Debra Regan is a vice president at LexisNexis -- parent company of Martindale-Hubbell and Lawyers.com -- where she helps lawyers attract new clients with website development and search-engine marketing/optimization services.

http://www.law.com/jsp/law/sfb/lawArticleSFB.jsp?id=1202459200700

Closure of McDonough Holland & Allen Puts Lawyers in Play -- By: Cheryl Miller

2010-07-01T07:17:00.000-07:00

Attorneys scrambled behind the scenes in the wake of Friday's announcement that McDonough Holland & Allen, Sacramento, Calif.'s second largest law firm, would shut its doors this year.

Firm leaders have not spoken publicly about the closure other than to issue a three-paragraph statement saying that a "variety of reasons," including attorney departures, had led to a decision to "wind down ... operations" with a Labor Day target date.

The 80-attorney firm, with a branch office in Oakland, did not use the word "dissolution," leading to speculation that a core group of attorneys may forge a new practice, albeit one that doesn't operate under the name McDonough Holland.

"Going forward, individual and small group announcements will be made as transition plans are finalized," the statement read.

Industry observers said Monday that the Sacramento firm of Boutin Gibson Di Giusto Hodell may pick up a number of McDonough Holland attorneys. Boutin Gibson has a significant real estate group, and McDonough Holland has a long history in real estate and construction practices. Boutin Gibson partners did not return phone and e-mail messages Monday.

Sources were also eyeing the Sacramento office of Stoel Rives as a possible destination for a number of McDonough Holland attorneys. The two firms recently discussed some type of merger, sources said, but talks did not produce a deal.

"Obviously, to bring them all in and integrate them with [Stoel Rives], the numbers didn't work out," said Tom Chase, a Sacramento area legal recruiter.

McDonough Holland maintains a large public law practice; its attorneys represent dozens of municipalities, including numerous redevelopment agencies. That group could be enticing to other firms, Chase said.
Donald Oppenheim, chief operating officer of Meyers Nave Riback Silver & Wilson, said his Oakland, Calif.-based firm, with its emphasis on public law practice, is "always" in the market for talented attorneys, but he declined to say if conversations had taken place with McDonough Holland partners.

Much of the debate on the reasons behind McDonough Holland's demise has focused on the March departure of the firm's 10-person health care group to DLA Piper. For years, McDonough Holland had been tied to regional health care groups and hospitals, including Northern California's Sutter Health.
"That was a huge hit for the firm," said Chase. "They were a very, very profitable group."

The group's leader, Stephen Goff, said Monday that he did not know about the firm's impending closure until after Friday's announcement and added that he had not spoken with anyone at the firm. He declined further comment.

Goff's departure followed the firm's May 2009 move to high-end office space on three floors of a newly constructed downtown Sacramento high-rise. The firm signed a 15-year lease for the space in 2008.
"That put a lot of pressure on the partners who were still at the firm," said Chase.

http://www.law.com/jsp/law/sfb/lawArticleSFB.jsp?id=1202462917757&Closure_of_McDonough_Holland__Allen_Puts_Lawyers_in_Play

N.J. Disciplinary Review Board Rejects Sanction Recommendation for Estate Lawyer -- By: Charles Toutant

2010-07-01T07:12:00.000-07:00

It's rare indeed that a New Jersey district ethics committee recommends a sanction and the state Disciplinary Review Board disagrees, but it happened June 18 in the case of a Rockaway solo accused of dragging his feet in an estate case and then refusing to cooperate with substituted counsel.

Not only had Jeffrey Grow not neglected the case, but he actively tried to assist the client even after being discharged, the DRB found.

"In sum, we find no clear and convincing evidence that respondent's actions failed to protect the estate in any way," the board held, dismissing all charges.

Arthur Hoffman died on Feb. 22, 2007, leaving his estate in equal shares to his four sisters, including his executrix, Helen Mantooth. She retained Grow.

In April 2007, Grow supervised the sale of Hoffman's house for $425,000. The buyer's attorney held $67,000 of the proceeds in escrow, pending receipt of an inheritance tax waiver. In May, Grow filed an inheritance tax return. That November, after receiving the tax waiver, Grow asked the buyer's attorney to return the $67,000, but the funds were not received until February 2008.

On April 28, 2008, Grow received a letter from New Providence solo Juan Ryan, who said he was hired by the estate to recover the proceeds from the home sale. Ryan accused Grow of "inexcusable delay," asserting that he had ignored requests by Mantooth for an accounting and distribution of the proceeds. Ryan threatened to sue Grow and to report him to disciplinary authorities.

Grow replied on April 30 that he had not yet distributed the proceeds because of the late discovery of a second bank account belonging to Hoffman -- necessitating the filing of an amended tax return -- and the belated receipt of the buyer's escrow.

On June 30, sister Evelyn Whitley filed a grievance, accusing Grow of not complying with numerous written requests for information, and in July, Mantooth terminated him.

On July 15, Ryan wrote Grow to ask about what he saw as errors in a proposed final accounting sent to Mantooth. On Sept. 23, Grow sent Ryan an amended version of the accounting. On Nov. 24, Ryan wrote to Grow about checks from a pension plan and a life insurance company that did not appear in the final accounting, and on Dec. 18, complained to the District XB Ethics Committee investigator that Grow did not respond to his inquiry about the checks.

In testimony before the committee, Ryan said Grow overreported the estate's income by $100,000 on a tax return by failing to use a $25,000 deduction for each sister and overpaid estate taxes by $9,000. In addition, Grow's accounting lumped together assets, liabilities and expenses, Ryan said.

During his testimony, Grow, who appeared pro se, admitted he made the tax return error but said it was rectified when he obtained a refund.

He disputed the characterization of his accounting methods as improper and said he had sent Mantooth copies of all relevant documents. He also said he eventually realized that the sisters were not on speaking terms with each other and that was hampering communication in the case.

In addition, he said that before he was contacted by Ryan, he heard from at least two other attorneys on behalf of the sisters, but those attorneys were never heard from again and he assumed Ryan would "disappear" as well.

He said after Ryan contacted him, he called Mantooth to find out whether his representation was terminated, but was unable to reach her, Grow said.

The committee found Grow made "numerous mistakes" in his accounting and stuck his "head in the sand" when avoiding Ryan. The committee alleged that he violated New Jersey Rule of Professional Conduct 1.1(a), gross neglect, and RPC 1.16(d), failure to turn over a client's file to subsequent counsel, and it recommended censure.

But despite Grow's failure to respond to many of Ryan's requests for information, he performed the job expected of an attorney administering a will, the DRB concluded.

Grow did not neglect the case, "as evidenced by all that he accomplished during his tenure for the estate," the DRB wrote.

Grow presided over the sale of Hoffman's house, probated the will, prepared and filed numerous documents for tax purposes and "generally marshaled the assets of the estate," the DRB said.

While Grow should have replied to Ryan's November 2008 letter about the checks not included in the estate accounting, Ryan also could have investigated that matter with his client or the bank, the DRB said.

Grow says the committee members could have seen that the allegations were unfounded "but they chose not to. Thank God the central ethics committee saw it for what it is," Grow says.

"One thing is very clear -- in this day and age, people are way too aware that the way to control their attorney's behavior or to keep from paying them is to simply file an ethics charge," says Grow.

Ryan says he is not surprised that the charges were dismissed. He says Grow's acts were "clumsy" but "not particularly egregious."

http://www.law.com/jsp/law/sfb/lawArticleSFB.jsp?id=1202462918536&NJ_Disciplinary_Review_Board_Rejects_Sanction_Recommendation_for_Estate_Lawyer

Calif. Trial Lawyers Welcome Latest Ruling on Recovery of Medical Expenses -- By: Mike McKee

2010-07-01T07:09:00.000-07:00

The Recorder

Plaintiffs lawyers are celebrating the second appeal court ruling in seven months that lets individuals recover the full cost of medical care even if the insurer paid only a smaller, negotiated amount.

The ruling by San Francisco's 1st District Court of Appeal was handed down Thursday, adding support to an opinion issued by the 4th District's San Diego branch in November. The California Supreme Court granted review in the latter case by a unanimous vote in March.

The fact that both rulings favor plaintiffs didn't worry David Ettinger, a partner with Encino's Horvitz & Levy who was on the losing side of Thursday's opinion.

"Really," he said, "until the Supreme Court speaks I don't think we can make any judgments."

In Thursday's ruling in Yanez v. SOMA Environmental Engineering Inc., A123893, the 1st District held that an Alameda County judge erred by reducing a negligence award from $150,000 in damages -- including more than $44,500 for past medical expenses -- to about $18,000. The lower amount represented the actual payment plaintiff Ana Yanez's doctors accepted under their contracts with the woman's insurers.

The appeal court invoked the collateral source rule, which says damages shouldn't be reduced simply because the victim receives benefits from other sources, such as insurance companies.

"The rule," Justice Sandra Margulies wrote, "reflects a policy preference favoring the tort victim over the wrongdoer since not applying the rule allows the wrongdoer to profit from the victim's investment in purchasing insurance or from the generosity of those who come to the victim's aid."

The 4th District came to a similar conclusion in Howell v. Hamilton Meats & Provisions Inc., 179 Cal.App.4th 686.

"[Rebecca] Howell, as a person who has invested insurance premiums to assure her medical care, should receive the benefits of her thrift," Justice Gilbert Nares wrote. "And Hamilton, as the party liable for Howell's injuries, should not garner the benefits of Howell's providence."

Both Yanez and Howell were injured in traffic accidents.

Defense lawyers had argued that basing damages on the full cost of medical services -- rather than just for the amount actually accepted by doctors -- would give plaintiffs an undue windfall.

Margulies noted, however, that the collateral source rule applies "even when it unquestionably does confer a windfall benefit on the tort plaintiff."

In a concurrence in Yanez, Justice Kathleen Banke stated it might be wise to re-examine the evidentiary aspect of the collateral source rule.

"It is time, therefore," she wrote, "to trust juries to heed limiting instructions in this context, as in others, and to let juries hear all the relevant evidence on the 'reasonable value' of medical services."

Scott Sumner, a partner with Walnut Creek, Calif.'s Hinton, Alfert & Sumner who represents Yanez, warned, though, that Banke's proposal "would turn every run-of-the-mill rear-end auto collision case into a graduate-level medical financing and insurance exposition."

If that logic is followed, he added, jurors should also be told that defense lawyers have been paid by the hour "and that the plaintiff's lawyer has not been paid, and will not be paid ... unless and until the jury compensates plaintiff for all the harm the defendant's carelessness inflicted on them."

Ettinger called the ruling a "big deal" because the number of personal injury claims filed in California each year involves a "huge amount of money."

http://www.law.com/jsp/article.jsp?id=1202463110835&Calif_Trial_Lawyers_Welcome_Latest_Ruling_on_Recovery_of_Medical_Expenses

Justices Expand Second Amendment Gun Rights to States -- By: Mike Scarcella

2010-07-01T07:04:00.001-07:00

The National Law Journal

The U.S. Supreme Court on Monday expanded the reach of the Second Amendment to the states, opening the door to challenges of local handgun laws across the country.

In McDonald v. Chicago, a 5-4 majority said that a handgun ban in Chicago may have violated Second Amendment rights established in the Court's landmark 2008 decision in District of Columbia v. Heller. Justice Samuel Alito Jr., who delivered the majority opinion for the Court in McDonald v. Chicago, wrote that the right to keep and bear arms is "among those fundamental rights necessary to our system of liberty." Alito's 45-page opinion said the right is fully binding on the states -- a move limiting, but not eliminating, local and state efforts to craft measures to combat social problems.

"Self-defense is a basic right, recognized by many legal systems from ancient times to the present day, and in Heller, we held that individual self-defense is 'the central component' of the Second Amendment right," Alito wrote. Joining Alito were Chief Justice John Roberts Jr. and Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas. The decision in Heller, which struck down a District of Columbia law that prohibited the possession of handguns in the home, did not universally mean a person can keep and carry any weapon in any manner. Alito adopted that language, providing some level of reassurance to anti-gun-violence advocates.

The Court's ruling in McDonald does not expressly void Chicago's handgun ban. Instead, the Court reversed and remanded for additional proceedings.

Lead plaintiff Otis McDonald, a community activist in Chicago, filed suit in the U.S. District Court for the Northern District of Illinois following the Supreme Court's ruling in Heller. The suit sought a declaration that Chicago's handgun ban violates the Second and 14th amendments. In June 2009, the 7th U.S. Circuit Court of Appeals affirmed the dismissal of the suit.

Alan Gura, a lead attorney for the plaintiffs in the Heller and McDonald cases, predicted subsequent handgun challenges based on the Court's ruling Monday. "This is not going to be the end of gun laws, of course, as states and localities continue to regulate guns in the interest of public safety," said Gura of Alexandria, Va.'s Gura & Possessky, after Monday's ruling. "However, there are, unfortunately, laws that have no public benefit whatsoever and exist merely to harass and annoy gun owners to make gun ownership difficult, expensive and burdensome. Those laws are going to get struck down after today's ruling."

Gura declined to say whether -- and where -- he was planning to bring additional challenges.

Justice John Paul Stevens wrote a 57-page dissent in which he said the 14th Amendment's guarantee of "substantive due process" does not mean an individual has a right to keep a firearm for self-defense. "The costs of federal courts' imposing a uniform national standard may be especially high when the relevant regulatory interests vary significantly across localities, and when the ruling implicates the States' core police powers," Stevens wrote.

Justice Stephen Breyer's 31-page dissent was joined by justices Ruth Bader Ginsburg and Sonia Sotomayor. "[T]here is no popular consensus that the private self-defense right described in Heller is fundamental," Breyer wrote. Public opinion, he said, is divided over the level of firearm regulation, which Breyer called "a hotly contested matter of political debate."

"The fact is that judges do not know the answers to the kinds of empirically based questions that will often determine the need for particular forms of gun regulation," Breyer wrote. "Nor do they have readily available ‘tools' for finding and evaluation the technical material submitted by others."

Breyer said there is no need to send judges off on what he called "mission-almost-impossible" when legislators are best suited for such a fact-intensive examination.

Nixon Peabody partner Charles Dyke in San Francisco, an attorney for the Chicago Board of Education, which participated as a friend-of-the court in support of upholding the handgun ban, told reporters he expects the "vast majority" of gun restrictions in the country will be "just as valid today as they were yesterday."

In an interview, Gura praised the lawyers for Chicago, whom he called "professional and easy to work with." He was drawing a sharp contrast to District of Columbia attorneys in the Heller case -- attorneys that Gura has accused of unnecessarily prolonging the litigation.

Gura remains in a fee dispute with the District of Columbia. Earlier this month, he filed an amended fee petition in the U.S. District Court for the District of Columbia seeking more than $3.1 million. "Having vindicated the constitutional rights of the people of Chicago, the city of Chicago should be aware that the meter is on," Gura said.

http://www.law.com/jsp/article.jsp?id=1202463104231&Justices_Expand_Second_Amendment_Gun_Rights_to_States

High Court All Over the Map in 'Bilski' -- By: Tony Mauro

2010-07-01T07:02:00.000-07:00

In the end, Bilski may have been a bust.

After more than 60 briefs on both sides, oral arguments last November and an eight-month vigil for the ruling among patent lawyers, the decision in Bilski v. Kappos issued Monday may have done little to end the debate over what kinds of innovations are or are not eligible for patents.

The long-awaited decision was supposed to resolve the patent eligibility of business methods or processes that are not tied to a new machine or don't transform anything. But while rejecting one such patent, it did not rule out method patents in general, underlining that it "need not define further what constitutes a patentable process" beyond looking to guideposts provided by past U.S. Supreme Court decisions.

Justice Anthony Kennedy's majority decision agreed with the U.S. Court of Appeals for the Federal Circuit that the specific patent at issue -- a way of hedging against weather-related losses in the energy industry -- should not have been granted. All nine justices agreed that it was too abstract for patentability.

But for a smaller majority, Kennedy did not rule out all business methods patents and invited the Federal Circuit to keep trying to find a better test than the "machine or transformation" test, which he relegated to the status of a "clue" but not the only test.

Four justices, led by Justice John Paul Stevens, said that methods of doing business should never be patentable. They expressed "serious doubt" that business innovators need patents to succeed.

Stevens' concurrence, one day before he retired from the high court, had the look of a writing that could have started out as a majority opinion but lost its fifth vote. Stevens, who was joined by justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor, called the majority a "tepid disposition" of the case.

It was tepid enough, apparently, that even the lawyer for patent holders Bernard Bilski and Rand Warsaw did not concede defeat. Finnegan, Henderson, Farabow, Garrett & Dunner partner J. Michael Jakes, who argued the case for the patent holders, said, "We are disappointed by today's decision because we believed the Bilski/Warsaw claims should be patentable under the broad language of the Patent Act." But Jakes said he would work with his clients to revive their patent claim to meet the new guidance provided by the Court.

"The Supreme Court's narrow decision today in Bilski v. Kappos means that the game of 'hot potato' being played between the Federal Circuit and the Supreme Court will continue," said Dechert's Joshua Rawson.
"Business method patents are still alive and well -- or at least have survived this latest test," said Martin Raskin of Cozen O'Connor. "This decision is a win for financial institutions and software companies, but clearly not what companies like Google and Yahoo! would have liked."

"The long-anticipated Bilski opinion was released today with more of a thud than a splash," said Keith McWha of Day Pitney. "The Supreme Court left open the question of what would be needed for a business method to be considered patentable subject matter. Also left open are the questions of patentable subject matter for software patents and medical diagnostic methods."

"In the short run, there may be fewer claims for patent infringement," said Cynthia Kernick of Reed Smith. "At the end of the day, though, smart people will still figure out how to make money from the patent system and business methods no matter what the Supreme Court rules."

The case involved a patent application filed by Bilski and Warsaw, businessmen from Pittsburgh, for a way to help utility companies and their customers to regularize costs by considering factors of supply, demand and weather.

Bilski and Warsaw, self-described math geeks, filed their patent claim in 1997. The patent examiner rejected it as unrelated to any machine. The U.S. Court of Appeals for the Federal Circuit also rejected the claim, ruling in 2008 that the process for anticipating and hedging risk in commodities markets did not deserve a patent because it was not tied to a machine and did not result in a physical transformation.

The circuit ruling sent shock waves through the patent law world, with critics saying the decision would slow innovation in the areas of information technology and financial services, in which patents are sought -- and have been granted -- for new processes that are less tangible than a physical invention. Critics of the Federal Circuit decision warned in amicus curiae briefs that, if its test is upheld, thousands of existing, pending or future patents would be threatened.

During oral argument last November, most justices appeared deeply skeptical of the patent claim. But the long period between argument and decision -- it was the oldest pending case on the argument docket this term -- left lawyers wondering whether the Court was so divided that it would rule narrowly with numerous concurrences and dissents.

http://www.law.com/jsp/article.jsp?id=1202463099629

Real Estate Restructuring Work Proving a Boon to Firms by Robert Carr

2010-06-01T12:45:00.000-07:00

Real estate restructuring work, a bandwagon that many firms jumped on in the past year, shows no signs of slowing. More than $1.4 trillion in commercial loans are coming to term in the next four years, according to the Congressional Oversight Panel studying financial reform, and will likely keep the distressed-property business booming.

That trend is paying off for many firms and their workout practice groups. Katharine Bachman, vice-chair of the real estate practice group at Wilmer Cutler Pickering Hale and Dorr, says her group has seen a real spike in restructuring work. When the firm first organized its Distressed Real Estate Solutions Group at the end of 2008, only a small percentage of the real estate practice concentrated on loan collections and distressed asset investments.

"Today, approximately 30 percent of our real estate work is in the distressed arena. We project that this percentage will increase as investment markets loosen ... particularly given the fact that so much commercial real estate debt -- financed at higher valuations than the current market -- is coming due over the next few years," she says.

Last week Jenner & Block announced the formation of their Real Estate Finance Litigation and Workout Task Force, bringing together attorneys from the real estate, complex commercial litigation, bankruptcy, corporate and environmental practices. Don Resnick, chairman of the firm's real estate practice, says creating a cross-functional team made sense.

"We just kept running into each other working these cases. We realized that [various practice areas] needed our help, and we needed theirs, to tackle this feeding frenzy of work," Resnick says. "With this team we're also able to use our expertise from 1990 to train the younger attorneys, many of whom had no idea a property deal could go bad." Resnick is one of many leaders of real estate divisions who worked on distressed deals in the 1990-91 recession.

Many real estate attorneys say they saw the writing on the wall in 2008 as securitization and splitting up debt became popular in the past decade, and the risk implications of trying to deal with unraveling each piece was ignored. Rick Jones, co-chair of Dechert's finance and real estate group, says he likes to call it the "Glass Race Car" theory.

"A glass race car, you would imagine, can be created with multiple chemicals and layers into all one piece with intricate details and structure. It's great, until it hits the wall. Then it shatters in a thousand sharp pieces," he says.

The restructuring business for Dechert has also grown significantly, he says, both in representing lenders and borrowers. "I would say the workout business throughout the legal community is up several hundred percent," Jones says. "I think we'll see the volume of troubled loan restructures increase another 100 percent between now and 2011. It won't be until 2013, at least, that we see a market start to be free of dealing with restructures."

However, Jones says though there's a great deal of restructuring nuances to wade through, the number of cases is still much, much lower than was expected. "We all saw this movie in 1990. We all went from originating loans to working them out for a number of years, and this was the paradigm that we thought would be followed. It just didn't happen," Jones says.

In hindsight, he says the bid-ask spread, the difference between the asking price of a property and what someone would be willing to pay, just got too wide too fast. "Banks have been enabled by regulators not to mark assets to real trading values and sell them, and we're still seeing a reluctance from holders to engage in wholesale sales. It's just causing a drag on the credit markets for all deals," Jones says. He adds, "things are starting to pick up. We're cranking up lateral hiring for the first time in three years."

Brett Miller, a partner with Morrison & Foerster, says his firm's Distressed Real Estate group was formed about 18 months ago; and similar to other firms with these teams, the core group is about 30 attorneys. His practice group, led by Chair Mark Edelstein, has been involved in the Chapter 11 filing of Stations Casinos (representing bidder Boyd Gaming Group), as well as representing the largest creditor group in the General Growth Properties bankruptcy case, and the largest creditor in the Extended Stay Hotels bankruptcy case.
"Workouts are just a tremendous growth area, and it's going to continue. You're going to see a lot of case law being developed from these issues, such as the decisions in the General Growth case that showed bankruptcy can be filed for the greater good," Miller says.

Richard Fries, a partner who leads the commercial real estate and distressed loan restructuring team at Bingham McCutchen, says that a specialized distressed property practice at many firms is here to stay, in contrast to the end of the last down cycle, when restructuring work seemed to fade away as bigger deals came in.

"The work in our distressed real estate group has increased significantly since its inception a year and a half ago," Fries says. "Our volume has probably increased close to 50 percent. We expect that, subject to changes in the marketplace, we shall be involved in distressed real estate workouts for the next two to three years at a level greater than today. It is hard to fix a percentage, but a steady increase each year is likely."

http://www.law.com/jsp/article.jsp?id=1202458980183&Real_Estate_Restructuring_Work_Proving_a_Boon_to_Firms

FTC Postpones 'Red Flags' Identity Theft Rule by Jenna Greene

2010-06-01T12:42:00.000-07:00

Under pressure from Congress, the Federal Trade Commission has agreed to postpone enforcement of its "Red Flags" rule that requires lawyers, doctors and other professionals to develop written identity theft prevention programs.

Both the American Bar Association and the American Medical Association have sued the agency, arguing that imposing the identity theft rule requirements on their members is arbitrary, capricious and has no legally supportable basis.

The rule was developed under the Fair and Accurate Credit Transactions Act, in which Congress directed the FTC and other agencies to develop regulations requiring "creditors" and "financial institutions" to address the risk of identity theft.

The FTC considers lawyers and other professionals to be creditors under the act, and required them to implement written identity theft prevention programs to detect the warning signs -- or "red flags" -- of identity theft in their day-to-day operations.

Last August, the ABA, represented pro bono by Proskauer Rose, filed suit in U.S. District Court for the District of Columbia challenging the rule's application to lawyers.
In October, Judge Reggie Walton backed the ABA, saying the FTC had overreached and that applying the rule to lawyers was unreasonable.

The FTC in February said it would appeal the decision.

Last month, the American Medical Association sued the FTC in U.S. District Court, arguing the rule should not apply to physicians either. Sidley Austin's Frank Volpe is representing the AMA.

On Friday the FTC announced that "as the request of several members of Congress," it would delay enforcement of the rule until the end of the year.

"Congress needs to fix the unintended consequences of the legislation establishing the Red Flags Rule -- and to fix this problem quickly. We appreciate the efforts of Congressmen Barney Frank and John Adler for getting a clarifying measure passed in the House, and hope action in the Senate will be swift," FTC Chairman Jon Leibowitz said in a statement. "As an agency we're charged with enforcing the law, and endless extensions delay enforcement."

http://www.law.com/jsp/article.jsp?id=1202458982652

What is LPO? By Doug Peters

2010-06-01T09:23:00.000-07:00

Legal Process Outsourcing or LPO as it is popularly known is a practice through which law firms seek legal assistance and services from another law firms from either within or outside their own country. The kind of services sought by the firms outsourcing are legal research, writing legal documents, review of documents, drafting of pleadings, contracts management, litigation support, document discovery, Intellectual Property focussed services and patents services (patent prior art search, patent portfolio management, patent optimisation and patent/trademark filing processes).

LPO has become a compelling option for most companies in the west. Law firms in the US and the UK have seen the worst economic fallout in the past few years. As a result they have started looking for options to reduce their costs. Legal services are very expensive in the US and the UK with hourly rates for lawyers and consultants touching the roof. This has helped countries like India and Philippines in getting a lot of legal work from abroad. The LPO market was valued at $320 million in the year 2008 by Value Notes research and is likely to touch $640 million by the end of 2010. Pricing has been the key driver for legal firms wanting to outsource.

Though legal work in India and other major outsourcing hubs has grown in the past couple of years, there have been a few challenges as well. Some lawyers in the US and the UK have started compromising on their fees due to the economic meltdown. Some fledgling companies doing legal work in countries like India have not been able to deliver as promised. This has resulted in many companies in the US looking for legal firms within their country to ensure all processes involved are ethically followed. Besides, there are concerns looming large over the confidentiality of clients and the ethical composition of the outsourcing firms.

India has become one of the most popular destinations for companies wanting to outsource legal work. This is so because there are certain very obvious advantages like availability of English speaking, US and UK graduated, qualified attorneys working at less expensive rates. Besides the Indian legal system is much like its counterparts in the west.

Legal process outsourcing is a major chunk of the outsourcing pie. Though there are limitations and challenges surrounding this, we can expect only growth in this sector. If large and experienced BPO companies manage to work on the ethical and quality aspects of this vertical, we can expect unprecedented growth in the coming years.

http://www.ideamarketers.com/?articleid=1119730&CFID=35732806&CFTOKEN=61680156

Legal Services In India by Tim Jhonson

2010-05-05T11:59:00.000-07:00

Every couple wants to a child who can take forward their genes and legacy after they leave this world. Ability to bear child is the biggest boon for a female that nature has blessed her with. Unfortunately some couples are denied this happiness because of reasons associated with husband, wife or both.

Assuming the proper initial inquires have been made and adequately addressed, what are the cost savings reasonably attainable by an outsourcing U.S. law firm and its clients? Answering that question necessarily involves a comparative analysis of revenue and expenses.

What is the future like for LPO? While some of the largest firms and corporations in the world are using these services to handle their legal needs, will it hold up? The services offered are very effective and affordable, but what will happen in the years to come?

The above tasks can be time consuming and hence quite expensive if done by a qualified legal services provider in a country like the United States who charges tens or even hundreds of dollars by the hour. But the same work can be done very efficiently in countries like India for rates as low as one-fifth of what it costs in the US.

With money getting increasingly difficult to earn keep and manage hiring legal outsourcing attorneys seems practical. The attorneys help you in finding the best professionals at the lowest cost as possible. What does this translate into?
After BPO (Business Process Outsourcing) it is now LPO (Legal Process Outsourcing and KPO (Knowledge Process Outsourcing) that is wooing the Indian lawyer. It is natural for the Indian lawyer to opt for foreign projects as they get paid much better.

Top notch law firms focusing on LPO in India are capable of researching almost any legal issue and can providie services as is required by clients in the US or Canada. LPO is a great new way to reduce the cost of litigation in the US. It helps the client and also the law firms.

Additionally the advantage of time zone, familiarity with common law doctrines and easy availability of English speaking lawyers attracts more foreign firms to opt for LPO services India. Indian attorney with UK/US qualifications are also sought after which is perfectly fulfilled by the top legal services India.

The law firms and in house legal departments have enjoyed the benefits of a quicker turnaround time. The work left with the Indian entity at the end of their day is completed and available when they arrive at work the next day. These have become as important as the other core reason for outsourcing, namely saving of costs.

The provisional patent specifications must include a proper title with a written and brief description, some drawings if required and/or model or sample if needed. However a complete specification would also include the best mode, deposition like microorganisms and claims apart from the aforementioned.

If one is just starting out on BPO (business process outsourcing) for the first time, it is better to choose out the independent third party contractor which usually will have its own infrastructure and manpower in the offshore country from where the service is executed.

How Outsourcing Can Boost Your Business By Sture Nyberg

2010-04-21T06:11:00.000-07:00

Outsourcing today is rising as one of the most profitable ways of handling business. Many business houses and big companies are realizing the importance and the advantages of giving their projects a right way peak with excellence outside their boundaries and at a rate much below their general in-house prices and that is why, its popularity too is on a high.

What Outsourcing is?
As it is more about involving a third party and transferring the most part of the responsibilities to them, so, the parent organization is in a kind of relief and finds this system quite reasonable and worth investing. As mentioned above, it sometimes a process of talent hunt, sometime a cost cutting and sometime and most commonly the both.
The advantages of outsourcing are just many and the very important ones that everybody generally looks for and finds beneficial:

Lowers down costs: Money plays the key role in everything and when outsourcing can save such great amount of bucks then who wouldn't want to opt for it? The first money saving factor in this type of business is that the employees will not have to be paid wages. So, the sure shot expenses of paying salary get deducted. Another advantageous factor in this regard only is that the company gets exempted from paying a higher amount as tax. There is no expense for the employees who are working separately and they alone are responsible for all their costs related to that of their social security, their own withholding and miscellaneous things. Moreover, another great money saving factor is that when companies give out the projects to some other firms and clients who are based out of their country, the expenses gets lower. They can manage to pay much lower an amount to such clients than they would usually have to pay.

An ongoing process: As the business of outsourcing gives one enough scope and space to think more and do more through it, a temporary business too can be stretched and make run on a long note. The process gets more like an ongoing system and thus, this business do not die easily.

Lowers the work pressure/load: When the companies give away the most part of their business and responsibilities to other organizations the responsibilities gets reduced. This leaves them with more time and scope to think about other important things like the inclusion of new sectors and new implementations in their main business.

Easy change or replacement of employee: As the third party organization is not being hired on a permanent basis and they do not usually be on contract based relation, the mother company can at anytime stop continuing their works with them. Also, much time gets saved in choosing a third party and there is no lengthy procedure of hiring them. It mostly depends on the experience and previous records of the firm based on which it wins project for it.
So, the points above show how beneficial Outsourcing would be for the overall growth of your business. Outsourcing done with a proper strategy by following up the service at the best possible level for his activities, you are just more than assured to get the best colors.

Irrespective of the type of your business or the product depth & width, use of Social Media Marketing can boost up the business you are doing or you are about to enter with me.

http://ezinearticles.com/?How-Outsourcing-Can-Boost-Your-Business&id=4136661

Law firm of the 21st century - the clients’ revolution

2010-03-31T09:15:00.000-07:00

There is no question that the worst recession for 80 years has had a major impact on the legal sector. General counsel are under pressure to deliver more for less. In turn, they are demanding reduced costs and greater value from their legal advisers. Quite rightly they want accountability when it comes to how their budgets are being spent and more imagination when it comes to fee structures.

For law firms this has meant facing up to challenge and change. Whilst some are holding fast, hoping that the boom times will return soon, the smarter ones are adapting for the longer term.

This report shows that the legal landscape has changed permanently and more quickly than anyone imagined when we produced our original 21st century law firm report in 2008. Even before the credit crunch, it was clear that business people were disillusioned with ever increasing fees, wasteful practices and an unwillingness to change. Harsh economic times have pointedly polarised these issues.

During the recession we, as a high quality provider of legal services, set about changing our business to provide greater efficiency, better service and realistic pricing. Innovative use of technology and the possibility of moving work to lower cost centres are all part of our agenda to deliver more for less. We think that others will have to follow in order to survive.

Whilst little good has come out of this recession, the much needed reality check for lawyers is, perhaps, one positive by-product. Is the time ripe for a revolution in the delivery of legal services? This report suggests, that the revolution has now arrived.

http://www.legalweeklaw.com/legalweeklaw/view_abstract/4043/practice-area/corporate/partnerships-and-llps/law-firm-21st-century-clients-revolution

No effect of Obama’s tax reforms on LPO industry in India

2010-03-23T09:06:00.000-07:00

Outsourcing to India has always been and always be on the higher side whatever the case may be. There are many reasons fueling this fact and the most prominent of them are: Indiaâ€™s cost, quality advantage, young knowledge workers and its time zone that are making companies not just from the U.S. but from around the world to outsource jobs to India. No company wants to go bankrupt. Every company wants profits. And one of the best ways to earn profits in these recessionary times is surely outsourcing.

Mr. Barack Obama seems to be oblivious about the fact that in the days of globalization, by introducing protectionist policies he would not solve any purpose. By introducing tax reforms he may be able to revive the United States from the recession faster than expected and may be able to generate â€˜fewâ€™ jobs in the field of market research, manufacturing etc. but surely wouldnâ€™t be able to stop the outsourcing industry from flourishing. He should understand that itâ€™s not about the U.S. anymore. The world works as a single unit with everyone connected to everyone in some or the other way.

Law firms and in-house counsel and attorneys wouldnâ€™t be affected by the potential implications of President Obamaâ€™s policy that will seek to curb tax breaks on companies that outsource, but mostly it could affect relations with India, which is one of the world’s biggest sources of Legal process outsourcing (LPO) services. Even if it seems like a bad news, practically itâ€™s not. Right now, by outsourcing jobs to the LPO industry in India, the law firms, legal counsels and attorneys in the U.S are saving up to 50% to 70% on their cost. Even if there are no tax breaks, this figure would end up close to 30% to 50% which is still a huge figure and can overpower the thought of taking away jobs from the LPO industry of India

Mr. Pankaj Parnami, Founder Director, KPO Consultants says â€œThe LPO Industry would not be affected by the tax reforms. The lower costs and quality of service we provide from India will overpower these reforms and the overall effect would be nullified. There is no need to worry for India Inc.â€�

The current economic climate is forcing the U.S. companies to find more ways to manage spending, and outsourcing is a time-tested and appropriate decision. It is a catalyst for review of spending and use of capital. For every company that chooses to keep business functions in-house because of social backlash or political threats, there is another one who finds that the financial and organizational benefits are compelling enough to move non-core functions out of their company and offshore.

â€œThe disparity between wage costs in the US and in leading offshore countries like India for similar jobs, output and quality is far too great to simply dismiss, especially when American CEOs have a fiduciary responsibility to shareholders.â€� says a top executive from a leading LPO firm.

http://applyandgo.com/blog/2010/03/no-effect-of-obama%E2%80%99s-tax-reforms-on-lpo-industry-in-india/

Advantages of working with Legal Process Outsourcing.

2010-02-01T08:43:00.000-08:00

Q: What Can Legal Process Outsourcing do for Law Firms?
A:

Help law firms to save cost up to 40%.
Provide faster turnaround time, reliable quality and professional support.
Help in saving time and money by enabling them to utilize their human resources on core activities.
Reduce on unnecessary overhead expenditures.
Gives relief from recruiting and training personnel.

For more information, please visit www.legalprocessoutsourcing.com

Your legal back office 24/7

2010-01-28T07:25:00.000-08:00

Vee Technologies' LPO division offers customers the benefits of outsourcing as lower cost, faster turnaround time, reliable quality and professional support. LPO can handle end to end Legal, Paralegal, and Secretarial services .

We Can help you save 30 to 40 % of your cost.

For more information please visit www.legalprocessoutsourcing.com

Improve business agility by focusing on core competency

2010-01-28T06:37:00.001-08:00

Welcome to Vee Technologies' LPO

The law firms and litigation support organization are the key buyers of Legal, Paralegal and Secretarial services. Several corporate and consumer law firms have established relationships with legal process outsourcing and exploring newer business strategies and operating models through tie-ups and partnerships for reducing on unnecessary overhead expenditures and exploring the advantages of Outsourcing.

For more information, please visit www.legalprocessoutsourcing.com