ABA Section of Business Law
Business Law Today
Snap Judgments
By Molly Thomas
Minding the gap?
According to The National Law Journal, the gap between
first-year associate salaries and partner profits is widening. Research
from the National Association for Law Placement and The American
Lawyer shows that in 2001, first-year associates were earning, on
average, 24.8 percent of partner profit figures, whereas in 2005, the
percentage was only 17.8 percent, the lowest in recent years. While a
first-year salary of $160,000 may sound like plenty, it isn't keeping pace
with partner profits. William Johnston of Hildebrandt International,
however, foresees a narrowing of the salary gap in coming years.
"Overall profitability will start to plateau," he says, adding
that firms will start to feel the squeeze of competition for qualified law
school graduates from hedge funds and investment banks as well as among
firms. Factors such as number of associates per partner and the growth of
non-equity partnerships may be contributors to the phenomenon of the
widening gap.
Pay less for paperless productivity
Beyond a responsibility to the environment, conservation practices can save
money, increase productivity, and boost morale, according to a February
column in Los Angeles Lawyer. When Jeffrey Unger of Ungerlaw,
PC, decided to give environmentally responsible business practices a try,
he was pleased to discover just how friendly the results were, not only to
the firm but for the client. Strategies such as implementing a paperless
infrastructure led to the paperless delivery option, which almost 70
percent of clients have chosen, reducing cost and waste. The success of
their crusade to eliminate paper waste sparked the firm's interest in
investigating other "friendly" customs, with a committee of
dedicated staff volunteers at the directive's helm. A 9/80 workweek allows
staff to alternate Fridays off after eight-hour days Monday through
Thursday. Ideas such as this creative scheduling not only allow employees
more flexibility but also boost productivity and reduce computer emissions.
Lesson learned: not only are friendly practices good for the environment
outside the office and in, but also pleasant for the pocketbook.
Payback is a bear for Bear Stearns
Prime brokerage firm Bear Stearns was ordered to pay nearly $160 million to
investors for providing their clients with fraudulent account statements
after mistakenly placing their bets on the overvaluation of Internet and
tech stocks. The case centered around the firm's Manhattan Investment Fund,
and, more specifically, the actions of its manager, Michael Berger, who has
remained a fugitive since 2002 after failing to appear for his sentencing
hearing. The fund ultimately imploded in the late 1990's to the tune of
nearly $400 million. Since then, relationships between hedge fund clients
and their securities firms are being given more attention by regulators,
and the securities firms themselves are going to "take notice of this
case and are likely to review their own internal controls," said a
lawyer who contributed to the New York Times article under
the condition of anonymity.
How to make a criticism sandwich
Far from a necessary evil, criticism can be not only constructive but also
a tool to strengthen relationships, provided it is done right. An article
in the February issue of The American Lawyer provided tips
for giving and getting the most out of truly constructive criticism. It
advises to first put your negatives in a positive sandwichmeaning,
focus on your beginnings and endings to cushion the negative criticism and
be fair. Next, always be specific. Vague and unfocused criticism offers no
real reward. Give specific directions or suggestions for improvement
without negative goals. Keep your compliments personal and your criticism
as impersonal as possible in order to make it clear that your criticism is
not of the person, but their behavior, remembering that we are our own
harshest critics. That junior associate who almost botched the deal is
probably already punishing himself severely. Finally, timely feedback is
the most effective and most relevant, and don't forget to end on that
lasting high note!
The bell tolls for thee, associate
"If you will not be in the office before 10:00 a.m., please make sure
to communicate as much to your secretary with instructions to inform
relevant partners of your anticipated schedule," chastens a February
memo from Mayer, Brown, Rowe & Maw LLP's New York office, according to
the Wall Street Journal Law Blog. The memo was directed
toward associates strolling in apparently too late for the partners in the
firm's securitization practice. Reasons such as staying at the office past
midnight and grueling commutes help explain the prominence of start times
on the late side, but too-late mornings are frowned upon, says a firm
spokesman.
YourTube or MyTube?
As the murky legal ground surrounding online posting of copyrighted
material is explored, the battles rage between old media and new. Viacom
International, the parent company of MTV and Comedy Central, has filed suit
against Google and YouTube claiming "massive intentional copyright
infringement," according to the New York Times. Although
Viacom and YouTube had been working toward an agreement, in February,
Viacom demanded that YouTube remove more than 100,000 video clips from its
Web site and is now seeking more than $1 billion in damages. Viacom points
out programming such as reality shows on MTV and Comedy Central's "The
Daily Show" as key to YouTube's demographic and a vital pull to
YouTube's Web site. YouTube makes their profits through advertising, and
copyright holders want a share of that revenue. Although YouTube has been
seeking licensing arrangements with major media companies, they have yet to
come to an agreement.
The reality of retiree benefits
A new accounting rule stipulates that state and city governments must
declare the value of their promised retiree benefits. Texas state
comptroller Susan Combs, however, does not want to participate and is
trying to encourage other states to join in a campaign against the rule,
which could make many governments look bankrupt. "I am having trouble
appreciating the purpose of this standard," she wrote in a letter to
her counterparts, asking for support. Accounting experts, however, maintain
that the rule was enacted after many years of due process. In addition,
they are concerned with governments that have promised retirement health
care to their workers as delayed compensation perhaps without the budgets
to back the promises. The Governmental Accounting Standards Board, the
independent board that enacted the rule, sees retiree benefits as a
government obligation but worries that public employees may not understand
that these promised benefits could be rescinded. Perhaps the numbers tell
the story better: preliminary estimates of Texas' obligations are around
$50 billion.
Do we hear the pitter-patter of private property rights?
After nearly a quarter century of huge economic growth, China quietly
passed its first legislation protecting private property rights, the
New York Times reports. The legislation was delayed and
withdrawn last year after President Hu Jintao and Prime Minister Wen
Jiabado invited public debate and intellectual discussion surrounding the
issue, which some critics say illuminate the hollowness of China's
socialist system. Leaders Hu and Wen have remained silent this time around.
The measure will strengthen the rights of private entrepreneurs and the
growing middle class who are fueling a real estate boom in China, where
property rights have been murky (land is owned by the state and individuals
are given only the right to use the land for 70 years). Critics of the
legislation worry that the measure will protect those who have accumulated
property based on a long tradition of corruption. The legislature included
a revision of the corporate tax that had given foreign investors a
substantial advantage over local companies. Pro-growth policies continue as
China's economy continues to expand.


