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Daily Business Review
Daily Business Review




May 9, 2008
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Special Report: Intellectual Property
Trade se©ret twist

The currency of Silicon Valley has always been ideas. During the dot-com boom, innovators rushed to start their own companies while their former employers rushed to the courthouse to file trade secret suits.

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Special Report: Law Firm Administration

 No partner likes to receive a complaint from a client. However, what is far worse is when a client feels aggrieved because of a firm's actions or inactions and does not complain.

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 Special Report: Bankruptcy

Business is good for bankruptcy guru Paul S. Singerman, and that’s bad news for the South Florida economy.

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 Special Report: New Partners

Jim Kaplan and Bill Zeena had none of the basics needed to run an office when they told Wilson Elser Moskowitz Edelman & Dicker of their plans to open a new firm in a few months.

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Special Report: Electronic Evidence

With so much attention lavished on the electronic data discovery amendments to the Federal Rules of Civil Procedure over the last year, you might be inclined to conclude that EDD is never encountered in state courts.

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Special Report: Entertainment Law

Supreme Court considers whether Federal law trumps state law in contract dispute
It’s the kind of complicated but significant legal dispute that “Judge Alex” Ferrer would never deal with on his own nationally syndicated television show

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Special Report: Supreme Court

2007 marked by lack of confrontation on high court — but that could change with pending rulings

The Florida Supreme Court had a peaceful but busy 2007. Its docket was not nearly as controversial as in the recent past and for once the high court was not locked in battle with the Legislature and the governor.

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Special Report: Diversity Scorecard

Diversity is a touchy subject. It brings out the worst in people: anger, defensiveness, frustration, fear and sometimes prejudice, to name a few — particularly among law firm leaders.

The Daily Business Review's annual report focuses on:
Improving law firm diversity is about more than just recruiting — it’s about retention, as well
Despite gains, women still scarce at management level
Blacks make modest gains, still lag women, Hispanics
Gays make strides but can’t always share their personal life in office
And more.

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Special Report: Securities Fraud

Scams: If it seems too good to be true, then it probably is
Boom or recession, the lures used by investment fraudsters to target their victims stay pretty much the same.

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Managing Partners Survey
Increased associate salaries and more requests from clients for alternate fee arrangements are putting the financial squeeze on managing partners at South Florida law firms.

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Advice for new Lawyers

The Daily Business Review solicited advice for new lawyers from five law firm leaders: Squire Sanders’ Alvin B. Davis; Kelly-Ann Cartwright of Holland & Knight, Mark Zelek of Morgan Lewis, Oscar Rivera of Siegfried Rivera, and Thomas Lehman of Tew Cardenas. Getting through the first year as an associate is exhaustingly hard work, they say. And it’s called the practice of law for a reason. It takes practice and patience.

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Attorney Compensation

Legal superstars
The lawyer who can hit a home run at trial can expect to reach that lofty fee plateau of $1,000 an hour

Firms cope with alternative billing
As more corporate clients are getting the alternative billing arrangements they want, they are claiming some pushback from law firms trying to make the best of the new deals.

Alternative push
There are several different ways that firms bill their clients. Firms’ preferred method: the billable hour. But with increasing pressure from clients, there has been some movement toward alternative billing arrangements.

And more...
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Arbitration & Mediation

Award analysis
Arbitrators cannot sever all their ties with the business world, since they are not expected to get all their income from deciding cases.

Securities arbitration should return to its simple, fair roots
Although arbitration was intended to provide a more efficient process, it has instead become a complex process.

Shifting roles of attorney and mediator raises critical issue confidentiality
It comes as no surprise that in a great many areas of the law, litigation has been overwhelming court dockets. Mediation programs have proved an effective way to provide relief.

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Law Firm Technology

Many lawyers are overwhelmed with the new federal rules governing electronic discovery. It’s no wonder.

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Insurance Law

Consumers’ credit histories can play a major part in their lives — from impacting credit card interest rates to securing a mortgage. For more than 40 years, the credit scoring system has enabled financial institutions to make decisions about doing business with consumers.

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Entertainment Law

The Florida Legislature recently took a major step to help the state’s film and entertainment industries. Both lawmakers and Gov. Charlie Crist should be applauded for signing into law a bill that will boost filmmakers, producers and entertainment entities.

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White-Collar Crime

By most accounts the U.S. Government’s crackdown on corporate fraud has been a success. After all, virtually everyone has heard of Enron, WorldCom and Adelphia, and of the CEOs, CFOs and other executives who received lengthy prison sentences.

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Health Care Law

Recent criminal and civil fraud enforcement actions have raised the stakes for health care organizations related to the quality of care and the medical necessity and reasonableness of providing health care services.

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Medical Malpractice

Battle about to be decided by high court as medical community is slow to comply with Patients’ Right to Know amendment.

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Litigation

Keeping electronic information in its native format has plenty of advantages during e-discovery.

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Review 15

South Florida’s top law firms can stop the hand-wringing. Revenues and profits are strong. The biggest worry is the mushrooming pay of new associates.

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Construction Law

Disputes over the ownership and use of architectural plans, designs and drawings have become increasingly common. They can lead to copyright infringement suits resulting in significant liability, including a defendant’s loss of the profit from a construction project.

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Summer Associates

Competition is fierce on both sides when it comes to summer law internships in South Florida. Because there are fewer big firms here than in cities such as Chicago and New York, plum summer associate positions are limited.

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Retention & Recruitment

In an effort to maintain a competitive edge and with increasing pressure from corporate clients, firms more than ever need to demonstrate their commitment to diversity by providing opportunities for employment and promotion of diverse lawyers.

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Class Actions

No calamity after all
Concerns of plaintiff attorneys that reforms would hamper litigation turned out to be mostly unwarranted.

Is rise in malpractice insurance premiums justified?
Some legal malpractice insurance carriers are charging exorbitantly higher premiums for attorneys who handle class action litigation.

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National Diversity Scorecard

Compiled by the Minority Law Journal counted the number of new minority partners at the nation's largest firms. Firms are adding color to their partnership ranks — but don't hold your breath. Real diversity is going to take a while.

Each year since the Minority Law Journal, an affiliate of the Daily Business Review, started the national Diversity Scorecard, there have been small but consistent increases in the proportion of minority lawyers at large firms. In 2001, only about one partner in 30 was a lawyer of color. Now it's about one partner in 20.

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The Am Law 100
Hard-earned lessons

The good times keep rolling, but it’s not the same old story — especially for partners who must produce or perish. Times are so good for the men and women who own Am Law 100 firms that those who snared profits of a mere million dollars were below par.

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