Daily Business Review
Daily Business Review





July 4, 2009
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Litigation Technology

When computers don’t just contain evidence, but are the evidence, proceed with caution

How to handle technology-bereft opposition

Technology is great, but proving your point is the key

Paralegals have many more tools at their disposal


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New Partners

Fewer make it to the top ranks
Aspiring partners must work harder with higher standards as frugal law firms promote fewer to top echelon.

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E-Discovery
Federal rule seeks to curb inadvertent disclosure of e-mail

Facebook, other networking sites look like plunder to attorneys

Lawyers must get tech-savvy to help gather evidence

Early strategies for ESI discovery work best in court

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Florida Supreme Court
Crist has a chance to shake up the makeup of the court with four appointments

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Diversity Scorecard
Out in the cold

Economic downturn has a disproportionate impact on minority lawyers, students

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Securities Law

Trust is absolutely essential to the efficient functioning of our economy.

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Most Effective Lawyer

South Florida attorneys who scored significant victories for their clients

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Top Litigation Shops

South Florida has plenty of legal talent in relatively small places. Smaller litigation boutiques often grab the spotlight as they routinely score a significant share of big victories in state and federal courtrooms.

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Employment & Labor

Device-ive behavior

Employers should clearly define employee job functions

Employers must be protected from non-exempt claims

Expansion of Family Leave Act will likely continue

Compliance with gun laws will keep employers in Florida out of line of fire

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Corporate Governance

Back to basics: Stay focused on the business, and listen to shareholders
Investors’ anxiety over the global credit crisis and the collapse of confidence in financial markets means public companies should be prepared for more aggressive investor focus on financial performance, corporate governance and to a lesser extent corporate social responsibility.

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Managing Partners Survey

South Florida law firms stretch their dollars
With economy in a funk, law firms tighten belts, look for ways to collect past-due bills.

In their words
Managing partners were asked several open-response questions. Here is a sampling of their responses to some of them.

Communication key to reassuring nervous staff during tough economic times
The credit crisis is putting the brakes on major projects, drying up some areas of legal work, and layoffs have hit top-name firms

Hildebrandt report advises law firms to prepare for a tough 2009
Brace yourselves, because the legal industry is in for a long and painful slide. That’s the gist of the latest client advisory from Hildebrandt International, which director James Jones called “the grimmest one I’ve ever written.”

The charts

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New Lawyers

Law school graduates are knocking for opportunities following last fall’s record pace for hiring and robust starting salaries and bonuses. The Florida Agency for Workforce Innovation reported a net loss of 200 jobs in the 90,900-strong legal services sector in August from a year before.

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Intellectual Property

As  companies feel the brunt of lower consumer demand and higher fuel prices, they’re scouring their patent assets for new ways to make money and seeking to protect their patented market share from hungry rivals, attorneys are noting.

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Arbitration and Mediation

As arbitration gains in popularity, courts ponder challenged awards

Technical mediation calls on experts to wade through data toward settlement

Miami vies for global recognition as arbitration-friendly venue

Attack on arbitration

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Lawyer Compensation Survey

Bankruptcy cases from the financial crisis of another era fueled the legal fees of South Florida lawyers who climbed to the top of the heap for billing rates in the Daily Business Review’s annual lawyer compensation survey.

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Arthur L. Gallagher Corporate Counsel
Successful GCs reap rewards
Helping make his employer smaller is one reason why Arthur L. Gallagher got a big pay raise. He is executive vice president, general counsel and corporate secretary at Equity One, a retail real estate owner-operator with shares listed on the New York Stock Exchange.

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International Law

With the growth in globalization, family law attorneys may find themselves increasingly involved in international disputes.

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E-Discovery

While a litigator’s goal is to prosecute or defend his client’s positions with passion, the overarching obligation of attorneys to maintain the concepts of truth and professionalism must not be subordinated to the ends sought by clients.

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White Collar Crime

The economic crisis, driven in large measure by the subprime mortgage meltdown, is affecting major segments of the economy. Not a day goes by that there is not some media report on the effects of billions of dollars of mortgage failures. Criminal investigations into all industries involved in the process are under way.

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Health Care Law

Stiffer sentences
After being rebuffed for several years, the Food and Drug Administration recently won sentencing guideline changes that could increase the chance of prison time for officials in FDA-regulated companies.
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Supreme Court gives protection to makers of medical devices
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Retention & Recruitment

Rates of associate attrition from the largest law firms in the United States are higher than ever in spite of years of efforts to reduce them. As associate compensation has soared, the tenure of these well-paid young attorneys at their firms has become ever shorter.

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Review 100

Legal Upheavals
The softer economy is having a tangible impact in South Florida’s legal community with layoffs, reassignments and pay cuts taking hold after years of steady growth.

Softer economy, pro bono work put brakes on expansive growth
Revenue at two firms shrank in their last fiscal years, and growth slowed at several other firms. The moderate showing contrasts with the expansive growth displayed by many firms nationally last year. Only one of eight firms that provided their South Florida financial results this year displayed double-digit growth, compared with 10 of 15 last year.

Methodology and Charts
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Summer Associates

Law firms scale back summer programs

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Class Actions

Wave of subprime litigation could soak business world outside mortgage industry.

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Preparing for the Storm

Experts have become the front-line soldiers in the war over how much money insurance companies should pay homeowners following a catastrophic hurricane.

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