Ark Group/Managing Partner’s 4th Annual – At the Forefront of Diversity WOMEN LEGAL 2011 Forum- June 8th AMA Executive Conference Center ~ New York, NY

The National Law Review is a proud media partner of the ARK Group’s WOMEN LEGAL Forum 2011– June 8th AMA Executive Conference Center ~ New York, NY which is dedicated to advancing the increasingly-important dialog on gender diversity in the American legal profession. 

The Business Imperative for the Retention and Succession of Female Leadership:

Why do so many Fortune 500 companies require their network of law firms to engage in diversity best practices that illustrate growth and change? Because evidence today not only supports that diversity practices are a sign of a well-managed company, but also because women make up almost half of the U.S. workforce and are assuming greater leadership roles in corporations across the board.

Is the “business of law” itself a detriment to the retention and succession of women leadership? Gender-based discrimination that equates to marginalized access to resources and decision-making continues to plague women in law firms.  There should be far more women serving as managing partners, executive and compensation committee members and filling additional critical leadership roles than there are today. Yet with increasing frustration, we continue to bring attention to the institutional impediments to women’s success and advancement.

For More Details and to Register:

New Ways of Navigating Today’s Legal Market

Recent Business of Law guest blogger at the National Law Review Marcie L. Borgal Shunk of BTI Consulting Group posted some great tips for staying ahead of the legal business development curve.

Savvy law firm leaders can define new ways of navigating today’s legal market by drawing on a combination of proven tactics and innovative best practices including:

  1. Systematic client feedback every 18–24 months
  2. Quarterly in-person meetings with each attorney’s top 5 clients
  3. Client-specific profiles on the firm intranet, replete with preferences from communication-style to level of detail included in invoices
  4. Brief, relevant highlights of anticipated changes and how they impact your clients distributed online, by email or social media
  5. Draft invoices to share with clients before submitting them for payment
  6. Targeting precise areas of growth within your practice (e.g., Securities Litigation with Energy companies or opportunistic mergers in the Telecom industry — read BTI’s Litigation Outlook 2011 and BTI’s Premium Practices Forecast 2011 for more ideas)
  7. Monthly and event-driven client team meetings to discuss changes in client’s goals, objectives and business needs and identify at least one specific growth opportunity

©2011 The BTI Consulting Group Wellesley, MA

ABA's 21st Annual National Institute on Health Care Fraud -May 11 – May 13 Miami Beach, FL

The  ABA’s 21st Annual National Institute on Health Care Fraud provides a rewarding educational experience for health care attorneys, regulators, prosecutors, criminal defense attorneys, and qui tam relators’ counsel. This National Institute draws panelists, facilitators, and participants from each of these significant groups and offers unique opportunities to meet and share experiences and concerns in a non-adversarial setting.

The program planning committee is committed to creating a program that advances education, communication, professionalism, and discussion of current legal and ethical issues that arise in the health care fraud practice. These issues are addressed in panel discussions and small workshop formats designed to maximize audience participation.

Early Bird Tuition Rate- Expires April 11th

Mandatory continuing legal education (MCLE) accreditation has been requested from all states which require continuing legal education. 16.75 hours of CLE credit including 1.25 hours of Ethics credit have been requested from those states recognizing a 60-minute credit hour and 20.10 hours of CLE credit including 1.50 hours of Ethics credit have been requested from those states recognizing a 50-minute credit hour.

Program Location:

Eden Roc Renaissance Miami Beach

The Economy has Changed – InHouse Law Departments are Changing – Law Firms You Need to Change Too. Exhibit A: Howrey LLP

Lead, Follow or Get Out of the Way.  attributed to Thomas Paine 

Lead Me, Follow Me, or Get Out of My Way.  General George S. Patton 

Much has been written lately about the demise of Howrey, LLP.  Reasons cited for the downfall include: alternative fee arrangements, discovery outsourcing and the decline in overall litigation.  As a former in-house counsel, I had a few cases with them and always found them to be very effective litigators. Howrey’s emphasis on litigation, according to some is the main reason of their demise.  From the Wall Street Journal’s Law Blog March 9th:

Howrey, which once employed as many as 750 attorneys and uses the slogan “In Court Every Day,” had built what many corporations described as “go-to” litigation and intellectual property practices in the U.S. and Europe.

A former general counsel highlighted the ‘over effectiveness’ of Howrey’s – In Court Every Day  motto, but  he may be missing a bigger business trend:

But here’s the problem: clients may want to hire lawyers with deep litigation experience. I am very confident, however of the following:

Clients do not want to be in court every day.

Sometime in the last five years or so, most general counsel came to a realization: all litigation is bad. Some is worse than others, and some necessary for a while, to be sure. A bottom line for litigation is emerging: you don’t want to be in court and if you are you want to get out fast.  .  Howrey 3: When is a Law Firm Brand Too Good?  – from John Wallbillich of Wired CG

Many general counsel have believed for some time that litigation is often a resource drain.  The change is that many C-Level Managers now understand the time, cost, and often slim chance of collecting on a judgment even if you win often involved with  litigation.  Blame the economy for this increased scrutiny by businesses on legal expenses vs. financial outcomes from litigation.   

Competitive businesses have to look closely at all major expenditures, including…Alert the Media legal costs.  Inside counsel have to explain their costs, perform cost benefit analyses, and provide detailed budgets to executives. Guess what happened along the way,  business demanded that the law firms they retain be run like …. businesses!

  • Businesses that had project mangers on staff for years began to wonder why their law firms didn’t.  
     
  • Businesses that had to devise thier own internal litigation budgets questioned why their litigators seemed reluctant to do so.  
     
  • Businesses that had to estimate costs and develop estimates for their clients began to wonder why law firms weren’t willing to shoulder some of the estimation risk too.

There will always be situations where companies need good litigators, maybe just not as many as they did before.  Which brings me back to the other reasons frequently mentioned for Howrey’s demise:  alternative fees and  the advent of third-party discovery vendors.  

Alternative Fees & the Advent of Third Party Discovery Vendors

Alternative fees and discovery vendors are just low hanging fruit.  In the aptly titled blog post:  A BS Detector’s Review of the Latest Howrey News, Patrick McKenna interprets:

Ooooooooo, here it comes……wait for it…….alternative fees and low cost service providers unexpectedly arose and killed a healthy, well run law firm!

So, although there may be less of a demand for litigators, a well run firm could adjust.  And although clients may want alternative fee arrangements (AFA) the tipping point for Howrey was the response to client pressure for a small percentage of cases to be converted to AFA?  Astutely noted by Patrick Lamb in his follow-up blog post: The BS of the “Howrey Story” :  

AHA. SO, the firm survived on overcharging clients for mundane administrative discovery service. And did not have the acumen to adjust its fundamental practice accordingly. That was certainly not anything that was foreseeable or addressable by management.

In the end, Howrey CEO Robert Ruyak, summed it up the best: 

What we found is that partners at major law firms have very little tolerance for change and very little tolerance for fluctuation in profits…. Wall Street Journal’s Law Blog March 9th


Change, Grow, Innovate – From Legal Advisor to Strategic Partner – also save  a $100 

InsideCounsel’s 11th Annual SuperConference – May 23-24 in Chicago is designed to provide senior legal professionals insights, ideas and solutions to help them meet their growing responsibilities and evolving needs.   Specific Topics addressed include: 

  • The Great Reset – From Legal to Strategic Business Partner
  • In-House vs. Outside Counsel – 5 Challenges & Solutions from Both Perspectives
  • Value Based Billing
  • Taking Control of Document Review – Strategies and Methods to Finishing Projects Faster while Keeping Costs Under Control and many, many more….

Earn up to 12 CLE Credits.  For More Information and to Register – CLICK HERE.   

Register Prior to April 1st and Enter Promo Code WBNLR2 & save $100 !

Copyright ©2011 National Law Forum, LLC

4th Annual SOX/MAR for Insurance Conference 14-15 Apr 2011 Boston, MA

The National Law Review is a proud Media Sponsor of the 4th Annual SOX/MAR for Insurance Conference April 14 -15 in Boston, MA 

This fourth annual conference comes at a critical time for re/insurance companies. Organizations will need to file for the first time their audited statutory statements under MAR in June 2011.

This event will bring together top-level executives to discuss the challenges and requirements when it comes to NAIC compliance for the re/insurance industry.  It will examine SOX and MAR strategies that re/insurance companies can implement to create consistent controls and documentation within their organization. The conference will also include a thorough examination of up-and-coming technological advances that are available to increase efficiency.

By engaging with their peers on these and other critical topics, attendees will leave the conference with a clear understanding of how to approach SOX and MAR to increase performance and effectiveness while decreasing cost and time.

key conference topics include:

  • Evaluate the NAIC regulations for Model Audit Rule and what is needed to reach compliance for June 2011
  • Improve communication between business units to increase performance and efficiency with documentation and controls
  • Utilize information technology to streamline controls, documentation and spreadsheets for both SOX and MAR compliance
  • Enhance SOX and MAR controls to increase efficiency for statutory financial statements
  • Discuss how automated controls can increase effectiveness and decrease cost
  • To Register and for more information – please click here:


    7th Securities Litigation and Enforcement Summit April 26-27 New York, NY

    The National Law Review is proud to be a media partner for the upcoming IQPC’s 7th Securities Litigation and Enforcement Summit –  April 26-27 in New York, NY.   This two day event will feature panel discussions, case studies, contemporary insights and practical advice vital to the successful management of securities litigation. 

    The second half of 2010 the securities industry witnessed a rise in class action suits mainly due to an increase of undisclosed product and operational defects, breaches of fiduciary duties and accounting improprieties. Securities litigation and associated risk is thus once again front and center in the legal landscape.

    ATTEND AND LEARN ABOUT:

    • SEC, DOJ and State Attorneys General enforcement initiatives and actions
    • New enforcement initiatives under the Frank Dodd Act – what will be the impact for securities litigation cases?
    • Developing effective strategies to respond to and resolve government enforcement actions
    • Aligning litigation strategy with macro economic considerations
    • International trends impacting US based securities litigation
    • Recent trends in Insider Trading and Fraud investigations

    Register By Friday March 25th and Save:

    Please click here for more information and to register:


    April 8-10 the First Annual Young Professionals in Energy International Summit takes place in Las Vegas, Nevada

    Young Professionals in Energy (“YPE”) is the first and only interdisciplinary networking and volunteer organization for people in the global energy industry – a place where bankers can connect with engineers, accountants with geologists and so on.  Their mission is to provide a forum for knowledge sharing and camaraderie among future leaders of the energy industry. This April 8-10, the first annual YPE International Summit takes place in Las Vegas, Nevada at the Tropicana Hotel, bringing together over 10,000 members and over 40 chapters for the energy’s industry’s biggest networking event of the year.  

    The Young Professionals in Energy International Summit has been approved by the Nevada Board of Continuing Legal Education for 6.0 credits Continuing Legal Education  Attorneys and judges who attend this activity may claim up to the maximum credits indicated based on actual attendance at the event, to be held April 8-10, 2011 .

    March 1st is the last day to save $50 on registration! For more information and to register – please click here:


    Social Media Posts by a Third Party: Florida Bar Rules

    From Business of Law Guest Blogger at the National Law Review Margaret Grisdela of  Legal Expert Connections – a great quick  overview of those tricky Florida State Bar rules concerning social media:  

    Ethics in Blogging was the topic of a presentation I made this morning at the Broward County Bar Association, with co-presenter Alan Anthony Pascal, Esq. of The Florida Bar.

    Posts to a lawyer’s social media page by a third party was one of the topics we covered. Below please find some highlights from the Florida Bar Guidelines for Networking Sites, which applies to Florida attorneys as well as lawyers from other states who are soliciting business in Florida.

    Third Party Posts

    “Although lawyers are responsible for all content that the lawyers post on their own pages, a lawyer is not responsible for information posted on the lawyer’s page by a third party, unless the lawyer prompts the third party to post the information or the lawyer uses the third party to circumvent the lawyer advertising rules.”

    Removal of Non-Compliant Information from a Lawyer’s Page

    “If a third party posts information on the lawyer’s page about the lawyer’s services that does not comply with the lawyer advertising rules, the lawyer must remove the information from the lawyer’s page.”

    Request for Removal of Info on a Page Not Controlled by the Attorney

    “If the lawyer becomes aware that a third party has posted information about the lawyer’s services on a page not controlled by the lawyer that does not comply with the lawyer advertising rules, the lawyer should ask the third party to remove the non-complying information. In such a situation, however, the lawyer is not responsible if the third party does not comply with the lawyer’s request.”

    Lawyer Social Media Pages are Exempt from Filing

    “Finally, the Standing Committee on Advertising is of the opinion that a page on a networking site is sufficiently similar to a website of a lawyer or law firm that pages on networking sites are not required to be filed with The Florida Bar for review.”

    Page references in these guidelines can include a LinkedIn profile, a blog comment, Twitter profile, Facebook page, etc.

    Read the Florida Bar Guidelines for Networking Sites here.

    © Legal Expert Connections, Inc.

     

     

    Got Klout? Measuring Your Law Firm Social Media Efforts

    Many thanks to our Business of Law guest blogger Kevin Aschenbrenner of Jaffe PR who provided some truly useful information on how law firms can gauge the effectiveness of their social media programs.  Read on….

    One of the most frustrating aspects of actively working on law firm social mediaefforts is the feeling that you’re in a vacuum. You often can’t tell if anyone is listening. And, posting, “Do you think I’m awesome?” just won’t cut it.

    This is why influence is such a hot topic in social media. Essentially, the more influence you have online the more likely it is that people will not only pay attention to you but also act on what you post. I talk more about influence in this blog post. Go ahead and read it. I’ll wait.

    Welcome back. So, influence. It’s a good concept, but it’s a bit of a vicious circle – you need influence to have an impact online but you need to know what your influence is to use it to assess your law firm social media efforts. It makes my head hurt, too.

    Or, it used to. Now there’s an online tool that will measure your influence. It’s called Klout (www.klout.com) and it ranks your online influence with a number out of 100. For an example, here’s a link to my Klout Score:http://klout.com/kevinaschenbren. As Klout Scores go, I’m not up there with Brian Solis (85) or Chris Brogan (84), but it’s respectable and, I’m within kissing distance of 50, which is the Klout Score required by a few hotels in Las Vegas in order to qualify for free upgrades (http://adage.com/digitalnext/post?article_id=146189).

    But I digress. I’ve found Klout very helpful as a sort of diagnostic tool for my social media efforts. It’s not perfect and I quibble with some of the other information you get in your report, but it’s not a bad guidepost.

    To find out your Klout Score:

    • Go to www.klout.com and type in your Twitter handle.
       
    • To see your entire report, I suggest creating an account. It’s free and gives you access to additional data and it will also ensure your score is refreshed regularly.
       
    • You can increase the accuracy of your Klout Score by linking your Facebook and LinkedIn accounts.
       
    • Check back periodically to see how your Klout Score is doing.

    And, if you really want to have fun with your online influence, check out Empire Avenue (www.empireavenue.com). I’ll leave you to explore that one on your own.

    © Copyright 2008-2011, Jaffe PR

    One of the most frustrating aspects of actively working on law firm social mediaefforts is the feeling that you’re in a vacuum. You often can’t tell if anyone is listening. And, posting, “Do you think I’m awesome?” just won’t cut it.

    This is why influence is such a hot topic in social media. Essentially, the more influence you have online the more likely it is that people will not only pay attention to you but also act on what you post. I talk more about influence in this blog post. Go ahead and read it. I’ll wait.

    Welcome back. So, influence. It’s a good concept, but it’s a bit of a vicious circle – you need influence to have an impact online but you need to know what your influence is to use it to assess your law firm social media efforts. It makes my head hurt, too.

    Or, it used to. Now there’s an online tool that will measure your influence. It’s called Klout (www.klout.com) and it ranks your online influence with a number out of 100. For an example, here’s a link to my Klout Score:http://klout.com/kevinaschenbren. As Klout Scores go, I’m not up there with Brian Solis (85) or Chris Brogan (84), but it’s respectable and, I’m within kissing distance of 50, which is the Klout Score required by a few hotels in Las Vegas in order to qualify for free upgrades (http://adage.com/digitalnext/post?article_id=146189).

    But I digress. I’ve found Klout very helpful as a sort of diagnostic tool for my social media efforts. It’s not perfect and I quibble with some of the other information you get in your report, but it’s not a bad guidepost.

    To find out your Klout Score:

    • Go to www.klout.com and type in your Twitter handle.
       
    • To see your entire report, I suggest creating an account. It’s free and gives you access to additional data and it will also ensure your score is refreshed regularly.
       
    • You can increase the accuracy of your Klout Score by linking your Facebook and LinkedIn accounts.
       
    • Check back periodically to see how your Klout Score is doing.

    And, if you really want to have fun with your online influence, check out Empire Avenue (www.empireavenue.com). I’ll leave you to explore that one on your own.

    © Copyright 2008-2011, Jaffe PR

    Want your website to get noticed? Break the rules!

    From Moiré Marketing Partners, the National Law Review’s Business of Law Guest Bloggers this week, Sean Leenaerts provides some interesting insights on different things to consider for legal websites:

    Every time I hear someone in marketing or advertising talk about “best practices” for website design, I roll my eyes.

    Now granted, many of the do’s and don’t’s of web design have merit. They’ve been tried, tested and proven to work. And I believe that certain best practices such as ease of navigation, making good use of white space, ensuring that site text is easy to read and building for fast loading times are sarcosanct. But I also believe that best practices are helping to hold marketers back.

    The problem I have with best practices is that while they are there to guide everyone in website design, they also cause everyone to look pretty much the same. Adherence to best practices tends to create a formulaic, templated approach to website design. The logos, colors and images on various sites may differ, but they mirror one another in their composition–i.e. logos in the upper left, navigation at the top, copy centered or aligned to the right, vertical scrolling, etc. They’re design conventions that definitely work, but make for few standout websites.

    “Okay,” I can hear you saying, “that’s all well and good. But I’m a law/accounting/financial services firm. My site has to be functional, and it should stand out because of my message, not because it looks cool and creative.” All true. But in order to read your message, your site has to be noticed first. While I’m not advocating that professional services firms push the boundaries of convention just for the sake of being different, there are a few rules you can break (or at least bend) in order to make your site stand out from the competition.

    Go Horizontal

    While usability studies show that most website users prefer to scroll and read text vertically, most of those studies were conducted years ago prior to the ubiquitousness of touch screens, widescreen monitors and many other developments we now take for granted. For touch screens like those on the iPhone/iPad, horizontal navigation is the preferred form of navigation because it’s more ergonomic to move your hand from side to side than up and down. In the case of monitors, screen resolutions have gotten better. We used to design for 1024 x 768 screen resolutions. Now, many screens have resolutions that are 1440 x 900 and they’re much wider, which means that viewers get more real-estate horizontally than they do vertically.

    I also think–and this is strictly my opinion–that our brains are better wired to consume information horizontally. Maybe it’s because we’ve been doing it that way offine for so many years. Books are read with a horizontal flip, galleries place paintings and photographs alongside each other, and most of our world is organized horizontally rather than vertically–i.e. our houses are next to each other and we move through the world in a mostly linear fashion.

    Chart a New Course

    Navigation buttons and links should always be easy to find, but do they always need to be at the top or along the sides of the page? And do they always have to be “buttons”? Unconventional navigation–as long as its easy to find and figure out–has the ability to engage the audience and keep them on your site. A good example of navigation that breaks with traditional design and works well is from the web design firm Hello Goodlooking in Helsinki, Finland:

    Here, the navigation buttons are centered on the page and move to the sides when you click on them and open a window. They’re easy to see, easy to understand and make the site simply downright fun to navigate.

    Shift Your Perspective

    Right-aligned page content is often not seen in a world of centered or left-aligned web pages.  Whenever I come across a page that is aligned uniquely, I have to pause and take a second look. It’s a simple (and safer) way to look unique without having to deviate from other conventions of website design.

    Be Bold

    Using reversed type, multiple typefaces and unique fonts is generally frowned upon in website design. Yet sites that do all or some of these things tend to grab a lot of attention–and not necessarily for all the wrong reasons. And you don’t have to be a kooky design firm to do it. Morrison Foerster is a law firm whose website is truly unique within the industry. No images, just type–and mostly reversed type, at that. Big, bold headlines. A conversational tone. And don’t even get me started on their careers site, which has to be one of the best in any industry. Most law firms make claims to be different and innovative. MoFo’s website backs it up.

    Sometimes breaking with best practices is worthwhile. In fact, I’ll go so far as to say that it’s the only way to truly stand out. Striving for innovative design and a better way of web browsing has brought about some great changes in the last decade. Being different to be better is a perfect example of when the rules of best practices should be broken.

    Copyright © 2011 Moiré Marketing Partners, Inc. All rights reserved.