Archive for September, 2008

           While a number of topics are currently being discussed in the United States, one of the most controversial is that of the right to privacy. This hot button issue is made more complex in a post 9-11 environment. We struggle to find and maintain a balance between personal rights and public safety.Most people would vigorously defend the right to privacy, feeling that the accessibility of too much personal information is not only an invasion, but morally wrong, and unconstitutional. After all, prior to September 11th, the United States had not been subjected to the overt terrorism that had plagued other countries. The events of September 11th pervaded our false sense of security and caused us truly question if the enemy was in a far off country or our next door neighbor. In our post 09/11 world, the governments responsibility to protect Americans has taken on new meaning. In an aggressive effort to protect us from the threat within, the government has adopted a by any means necessary approach even if that means listening in to phone calls, reading emails, reviewing ... Read more..
           Securing outside counsel is crucial to any business regardless of the industry or size. However, more than 60% of legal departments within businesses gave serious thought to firing outside legal support in 2001. The number one reason for this consideration was a problem with communication and response. Then when you consider the expense associated with outside counsel, along with a large movement of lawyers, the numbers of unhappy clients in the past five years have increased.One of the most important factors when hiring outside counsel is to do your homework, know the law firm, as well as what they represent. After all, establishing a secure relationship is a win-win situation for both parties. To ensure you work with the right outside counsel, you will need to measure services offered with price, communication, responsiveness, professionalism, and areas of expertise. Today, we see many large (and small) corporations consolidating services with outside law firms as a means of tightening up operations, and with great success. Read more..
           Over the years, one of the most important factors candidates cited in searching for employment was benefits. Surprisingly this was second to salary. Considering the high cost of healthcare and prescriptions, benefits have played a vital role in the way people look for jobs. Unfortunately, in recent years, we have seen a decline in the benefits being offered. Companies are finding it difficult to keep pace with the rising costs of insurance and other employee benefits, forcing them to either reduce or eliminate their offering.Many believe that employees are entitled to benefits, feeling it is the companys responsibility to offer some level of support. Others believe that employee benefits are a privilege not a right. For this group, they believe that any offering is better than nothing at all. Adding further fuel to this hotbed issue the number one reason that people file for bankruptcy is medical bills. So, what is the truth about employee benefits is it a right or a privilege? Read more..
           Running a company comes with a number of challenges, some which involve the services of legal counsel. When you consider workmens compensation, sexual harassment, contracts, labor laws, marketing and advertising, licensing, termination disputes, and so on, you can easily see that securing a reputable law firm could be to your advantage. However, situations arise all the time within businesses. Because of this, it is vital to know when you should and should not secure the services of a law firm.Today, you can find a number of do-it-yourself legal solutions online. For example, years ago, tax and payroll issues were often handled by outside or inside counsel. However, with the ability to download forms and follow specific instructions, many times companies choose to handle things on their own. Obviously, this option means a huge savings and quicker turnaround in most cases. However, any do-it-yourself legal action also comes with risk if not done properly. As you can imagine, knowing when and/or if you should ever hire a lawyer to represent you could be a very, fine line. Consider contracts as an ... Read more..
            If you consider all the ways in which companies have to run a business, it is no wonder legal support is so critical. Markets today are highly competitive. The internet has made global competition a reality that years ago we could not have even dreamed possible. With the increased opportunity also comes increased risk. Businesses must have the right information, at the right time to make strategic, operational, and tactical decisions about their business.Although there are a number of areas within every company that need special attention, two of the most critical are finance and legal. Without surprise, these areas are also the source of potential business risk. Risk is a cost of doing business but for each risk event, a business will need to decide whether they will avoid it, mitigate it or transfer the risk. As it pertains to legal issues some risk issues can be handled within the company, while others will require the support of an attorney. In order to reduce or avoid risk, your attorney must not only be competent in their field but ... Read more..