Employment Assistance Wellbeing Schemes - Save Tons Of Money, Stop Litigation, Use Virtual Support

By using a virtual internet company to provide an independent wellbeing support to staff your business can get benefits which enable you to meet government criteria as laid out by the Health and Safety Executive concerning staff wellbeing at work. It is now a statutory requirement that employers do not allow their staff to become sick due to work place stress. As an employer your growing business can be greatly affected by litigation, high level of sickness and lack of appropriate advice.

What to look for in a virtual company

Choose a company that has a proven track record with clear principles and visions; you will want to know that they are able to offer an appropriate service to your workers.

What are the additional benefits?

Small businesses or individuals can pay on a monthly basis instead of yearly; you do not need to tie up your cash flow in advance.

What would workers want?

Many workers would want the following package:

o 24 hour 365 days a year independent employee telephone counselling and advice

o 24 hour 365 days a year independent telephone employee counselling advice and advice for managers from

o Monthly stress management and wellbeing seminars

o Staff mentoring

o Staff career progression

o Complementary therapy

o Access to interactive website

o Newsletter

o E-learning

o A Wellbeing In the Work Place manual

o Wellbeing benefit portfolio

The benefits to you as an employer

You will know that you have offered your staff a great deal and supported them to do their work. You will know that you have met the government requirements, you will be seen as a great employer, you will attract customers and quality staff due to your beneficially packages.

No matter what the size of your company internet based services can make the difference.

Take action today and gain substantial rewards.

Gradle Gardner Martin is a Management Consultant, Trainer and Author.

Her new book "Inducing Wellbeing In The Work Place: A Workers Guide To Stress Management" is available to buy from her website http://www.myworkplacewellbeing.net and at all book stores.

Gradle publishes a weekly newsletter and free downloads on Work Place Wellbeing at http://www.stressfreecaringinthecity.org

Preparing for Your Business Deposition

Preparing for Your Business Deposition

You're upset enough that your business dealings have gone to court. You don't know who to trust, and now your opponent's attorney wants to question you. What does he or she want? What questions will you face? Can you bring your own lawyer?

These and other questions are answered in Preparing for Your Business Deposition. This effective DVD has helped lawyers across the nation prepare thousands of executives, business owners, and managers for their business depositions.

Through re-enactments and interviews with four litigators you'll learn effective tips and common pitfalls to avoid during a business deposition.

This DVD emphasizes:
- Giving short, simple answers
- Keeping answers within the scope of the question
- Learning when and why to say, "I don't know"
- Understanding the question before answering
- Controlling your emotions

Preparing for Your Business Deposition is geared to helping nonlawyers understand the process. It's concise, but doesn't rush through the scenarios. Best of all, it has actors and lawyers you can identify with, grappling with realistic cases.

Preparing for Your Business Deposition was produced by the State Bar of Wisconsin as part the Law Office Video series that's used and endorsed by several other state bars, including Texas, North Carolina, and Alabama.

Experience the high quality of Preparing for Your Business Deposition for yourself by ordering today. It's the only resource you need to perform your business deposition.

Price: $145.00

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9th Circuit to Law Firms - Turn Over to Grand Jury Foreign Docs Obtained in LCD Antitrust Discovery

For foreign companies doing business in the United States, avoiding getting sued may be hard enough without having to worry about whether you're being investigated by a grand jury and the U.S. Department of Justice. However, life can be really difficult for foreign companies that are not only getting sued, but also have to turn over their civil litigation documents for investigations of possible criminal conduct.

Under a recent 9th Circuit ruling, this is exactly the kind of misfortune that has befallen several foreign LCD manufacturers. The foreign companies, including LG Display, Sharp, and Chunghwa Picture Tubes, are embroiled in an antitrust class action suit and are simultaneously being investigated for antitrust criminal behavior.

Even though it couldn't find any precedent to support its decision, the court ruled that if the documents were in the country then they were within the "grasp" of the grand jury. The 9th Circuit's ruling comes as a big victory for the DOJ. It gives prosecutors expanded power to subpoena foreign documents that have entered the country for civil litigation purposes.

Antitrust Criminal Violations

The foreign companies involved in the investigations and civil litigation were mostly based in East Asia, countries such as Japan and South Korea. The companies produced LCD screens and marketed them within the United States, where they were used in cell phones, computers, and flat screen televisions. The foreign manufacturers reportedly controlled 90% of the U.S. market for such products.

In its criminal indictment, DOJ attorneys charged that the foreign companies had conspired to fix prices in the LCD screen market from 1996 to 2006. According to the DOJ, the scheme violated U.S. antitrust laws. In 2008, the companies pleaded guilty, resulting in one of the largest criminal settlements in U.S. antitrust history. One company, the South Korean LG Display paid a whopping $400 million, which a DOJ press release called the second highest criminal antitrust fine ever imposed. All in all, the companies racked up fines of nearly $600 million for violations of the Sherman Act.

Class Action

Problems for the LCD makers, however, did not end with the criminal punishments. Soon after the criminal charges were levied against the LCD makers, private plaintiffs began filing civil suits, bringing similar claims of price fixing and civil violations of antitrust laws. Subsequently, all cases were consolidated into a multidistrict litigation (MDL). Then, in 2010, California District Court Judge Susan Illston certified a class action.

So far, according to the law firm of Lieff Cabrasser, which is serving as lead counsel for the class, the court has now given preliminary approval of partial class settlements from two of the foreign companies for a combined $17 million.

District Court Quashes

Civil suits are often filed on the heels of criminal antitrust charges. As such, a certain amount of overlap in the evidence is unavoidable. However, under current criminal law pertaining to the reach of grand juries, obtaining foreign documents requires letters rogatory or other methods. The grand jury's subpoena power does not extend outside the U.S.

Nonetheless, the DOJ sought documents brought into the United States as part of discovery in the civil litigation and apparently located at the offices of the law firms.

What were the documents and why did the grand jury want them? According to an earlier protective order of the district court, the foreign documents may have contained "deposition transcripts of foreign national employees of the Toshiba Entities and AUO, as well as the other non-indicted foreign defendant (such as... Hannstar Display Corporation)."

The foreign defendants "vociferously argued against producing either their documents or their employees into this country during this entire litigation." The district court reluctantly quashed the subpoenas, noting a lack of precedence in doing so and encouraging that the DOJ take the issue up on appeal to the 9th Circuit. Judge Illston reasoned that allowing the DOJ to have foreign discovery documents that had been brought into the United States under court order would grant the DOJ foreign discovery otherwise outside the grand jury's subpoena power.

Law Firms' Position

According to a press release from White & Case, one of several big name law firms representing the foreign LCD makers, the DOJ employed a "questionable" tactic: "subpoenaing law firms representing foreign manufacturers of such devices for documents originating and kept in the ordinary course of business outside the United States." A partner at the big defense firm not involved in the dispute questioned whether this tactic would hurt the DOJ's traditional policy of international comity and reciprocity:

"We don't want foreign governments doing this to U.S. companies, [but] DOJ has sought to sidestep this policy by issuing subpoenas to law firms defending foreign targets of antitrust grand jury investigations."

In arguing against the subpoenas, the law firms did not claim that the foreign documents were privileged. Nor did they allege that there was collusion between the government and the class action plaintiffs. And the district court found no acts of bad faith on the part of the government. The law firms argued instead that the district court had made a valid exercise of its discretion when ruling to quash the subpoenas pursuant to Federal Rule of Criminal Procedure 17.

9th Circuit Reverses

Writing for the 9th Circuit 3-judge panel, Judge Noonan disagreed with the law firms' position. Judge Noonan reasoned that the appeal should not be considered under an abuse of discretion standard. That standard allows trial judges copious leeway in how they handle matters below. Appellate judges are typically reluctant to reverse decisions made with trial court discretion.

However, Judge Noonan responded to the lower court's concern for lack of case law in the area. He considered the lower court's opinion as a "passing of the decision" to the appellate court. The decision below was "a request for guidance."

The judge applied an earlier established "per se rule that a grand jury subpoena takes precedence over a civil protective order." By a chance of litigation, the documents have been moved from outside the grasp of the grand jury to within its grasp. No authority forbids the government from closing its grip on what lies within the jurisdiction of the grand jury.

The Takeaway Lesson

The Department of Justice is the big winner in this case. But just how much they will actually use this new tactic is not yet determined. After all, to some extent, they must play nicely with foreign entities to preserve relations with their governments. But to what extent is apparently now a question of the DOJ's discretion.

Going forward, this ruling will have an impact on how law firms handle foreign clients simultaneously involved in civil and criminal litigation. Attorneys in such situations will need to consider carefully whether bringing foreign materials into the country might adversely position their clients if and when those materials are subpoenaed. They should ask that age-old discovery question: Are these documents really necessary?

Finally, for young attorneys entering the field of antitrust defense, you may want to brush up on your Korean, as the best strategy for reducing the risk that a client's sensitive documents will end up in the hands of a grand jury might be simply to do document review in Seoul.

Christopher Dize graduated summa cum laude from Salisbury University. He will receive his J.D. from Seton Hall University School of Law in 2011. After graduation, Chris will clerk for a judge of the Superior Court of New Jersey, Appellate Division.

Chris has also interned with judges of the United States District Court for the District of New Jersey and currently works for a litigation firm in New Jersey. His articles also appear on lawandreason.wordpress.com and ellblog.com.

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Using DVD Media in Traumatic Brain Injury Litigation

INTRODUCTION

The use of media at trial is certainly more the norm than the exception. In fact, jury surveys indicate that plaintiff's use of media does not offend, as one might think, or make jurors believe plaintiff's attorney is being excessive. Rather jurors expect the use of technology and view it as responsible when used by either side. The same can be said for preempting the need for a trial altogether by putting together the strongest possible presentation for ADR and mediation, with the goal of prompting a settlement. What does a video bring to the table? Simply, there is no other medium that will effectively communicate the non-economic damages of your case like the emotional sledgehammer of a well-produced DVD documentary. While the rule of thumb for evaluating a case may be a multiple of 3.5 of the economic damages, a documentary can boost this value as much as tenfold or more by clearly communicating the contrast in the plaintiff's life. By tapping into the non-economic damages with a thoughtful DVD documentary, you will find yourself leaping closer to recovering the elusive full value of your TBI cases. Remember, at ADR the goal is not to bring the adjuster to tears, but to convince the adjuster that you can bring a jury to tears. The use of video is your best opportunity to accomplish this.

Videotape has traditionally been the media of choice in presenting brochures or Day-In-The-Life. Today, however, DVD is becoming widely used. A few years ago, one ran into compatibility issues with CD versus DVD and CD-R, DVD-R versus CD-RW and DVD-RW. Even when a disc was used to record, playback became an issue as some formats work on computers and others on home DVD players. The maze certainly brought many would-be users back to the safety of traditional videotape, along with its fast-forward and rewind delays and snafus. The TBI case, complex by nature, is conducive to presentation by DVD at trial and mediation (or other ADR). This article attempts to unravel the mystery of using DVD. Additionally, we will offer simple solutions and methods for producing the TBI case DVD. Rather then focusing on admissibility issues at trial, we will focus on the actual aforethought that might accompany a production for Mediation. The effort will assist you significantly for trial. Finally, we will explore how to make damages more compelling with digital media.

FORMATS AND TECHNOLOGY

For years, videotape came in every imaginable shape and size - BetaMax, BetaCam, U-Matic ¾", 1-inch, BetaCamSP, VHS, VHS-C, SVHS, 8mm, Hi8, Digital8 - and that's just the tip of the iceberg. The next step in the digital revolution was CD-ROMs. While this storage format was simple enough, the confusion arose when a dozen or more video file formats started competing, led by MPG, AVI, and MOV. Each required its own player application on the computer to replay the file. Then DVD started to catch on. It provided far superior audio (better than an audio CD) and video. A demand was created to burn small quantities of the discs, so the manufacturers went into overdrive as they smelled the profits JVC had reaped on the VHS format. The requirements of the file system of the DVD was the same throughout, but the nature of the actual storage disk characteristics changed. We had DVD-R, DVD+R, DVD-RAM, DVD-ROM, plus the "RW" versions. Even the nerdish of techies were running into the streets screaming. Sadly, it's not over, not by a long shot. With the upcoming High Definition (HD-DVD) formats of Blu-Ray and AOD (Advanced Optical Disk) we will all soon have a whole new vocabulary of alphabet soup on our hands. Here is all you need to know about DVD formats:

1) Use DVD-R for everything. The disks are only about fifty cents each and it's the most universal format around. You should find that it plays back on just about any tabletop player or computer drive.

2) Ignore HD-DVD formats for the time being. Honestly, if you want higher quality, just invest in a DVD player that "upconverts" to a component, HDMI or DVI output. The picture from a contemporary store-bought DVD disk is beautiful on a high-def TV with one of these players. Let the dust settle for a couple of years before you take the plunge in this new format.

DECIDING IF YOUR CASE IS RIGHT FOR DVD PREPARATION

Before you ever contact a digital media production company, you must conduct a thorough investigation of the case. It is both a waste of a client's money and the attorney's time to invest is such a project without having made the appropriate considerations, not to mention the embarrassment of presenting your project if it is inaccurate or premature. One way to approach the decision is to ask yourself if investing $5,000 to $10,000, or more, is likely to increase the settlement value by several times that amount. If the answer is "yes" then you are doing a service to your client and the case to move forward. Likewise if you believe the value of the case can increase by $100,000 to several hundred thousand, the investment is very modest. Some cases are very suited to digital production and the decision is easy. Other times cases are not so well suited but can still be candidates for production. An otherwise mediocre case can get a better then mediocre result if presented dynamically. If the liability is weak, digital media can assist in clarifying the defendant's presumptions and misconceptions. If damages are questionable, digital media is an opportunity to present your client and the physicians. Ultimately the production should explain the case clearly. As trials become more expensive and uncertain, plaintiffs should be willing to consider utilizing ADR and specifically mediation. Defendants are also facing uncertain trials and are willing to sit through a presentation. The best time, ideally, would be before litigation costs mount. However, reality is that cases resolve much closer to trial and hence the timing of mediation usually coincides with the impending trial. Preparing for the mediation with a DVD presentation can be an excellent trial preparation effort if done properly. Additionally, depending on the content of the production, parts of the production can be used for trial depending on the jurisdiction.

PREPARING THE CASE FOR DVD

DEPOSITIONS

Preparation starts at the beginning. If you are planning on creating a DVD, or even thinking you might, you must capture moments in video (preferably digitally). As you plan discovery, plan to have depositions videotaped.

- Do not be afraid to videotape defense experts or witnesses. It is amazing what you will memorialize on tape to watch later and use to make your case.

- Be sure to video your own experts since they will be very effective in explaining your client's injury or the defendant's liability.

- Videotape your witnesses, including before and after witnesses.

- And finally, videotape officers, paramedics and other officials and be sure to have them attend in uniform.

The cost of videotaping a one-hour deposition varies but often is around $250. This is in addition to the court reporter, and any expert fees. But the effort is only one part of a bigger end. Consider that many videographers' charges include the setting up and bringing digital equipment to the deposition. Three considerations:

- Have the videographers arrive early enough to set up, especially when you are taking a defense expert's deposition and paying a fee;

- Try to schedule multiple depositions at one set up;

- Always hold any demonstrative evidence up for the camera to see;

- And be sure to use a digital video camera.

Since you will be on video, be sure to specifically prepare the questions and plan the sequencing of information you wish to elicit. Court reporting technology like Livenote allows for the immediate flagging of portions of a deposition and can be useful to bookmark "golden nuggets" that come out during the deposition. Do not let defense counsel rattle you; maintain your composure. This is your show, literally. In many jurisdictions, and under the Federal Rules, videotaping depositions is a matter of right. Check local rules to see if you are required to give notice to opposing party (see FRCP 30).

EXPERTS

Opposing experts do not like to be videotaped. It is easier to push a deception in a transcript than it is on video. No doubt the expert will have moments, many of them, when she looks impenetrable. But that is how they will look at trial. You can capitalize on the moments of vulnerability. Remember the whole videotape will not be used in the final product, just golden nuggets from it. The defense expert has probably written a report that, if believed, requires that most of what plaintiff's experts have said be completely wrong. A video deposition will help to reveal the error in that thinking. Using the simple approaches that work look great on video. Getting the expert to admit she has not reviewed or been provided with a complete file or specific information is powerful. Typically the expert will attempt to dismiss the unreviewed information as unimportant and those attempts look better on video then on paper. You should videotape your own expert. Insurance adjusters are typically told about plaintiff's experts in letters from defense counsel. Now they can see them on the big screen. Let the adjuster assess the impact of the expert. Sending the videotape to defense counsel with a second copy and a letter directing that it be sent to the insurance company sends a message. The cost of the extra videotape is nominal. Sending it says "here, look at my case for yourself."

Another reason to videotape your own expert is to tempt the defense lawyer to drone on with annoying questions. If, at trial, the defense attempts to use the deposition to discredit plaintiff's expert, taking the opportunity to let the jury view the entire deposition, regardless of length, and hearing the droning defense lawyer is almost comical. The video deposition of plaintiff's expert will also give video to the presentation of plaintiff's case in the DVD. This is a vast improvement over using voiceovers while showing a deposition transcript or report.

WITNESSES

Do not be afraid to videotape defense or eye witnesses. Again the golden nugget you may miss is worth more than the cost of video. Witnesses for the defense are not professional witnesses, like experts, and can reveal facial expressions and tonal qualities that do not make it into the written transcript. These are hugely powerful for the final compilation. Witnesses are not familiar with being asked questions under oath, let alone, while being videotaped. Capitalize on their vulnerability. The truth comes out nicely when a witness is honest, deceit doesn't.

OFFICIALS

Having a uniformed police officer videotaped is huge. In cases where there are multiple officers, each one appearing in the final compilation will lend a great deal of impact to the viewer. Police officers tend to be very rigid on videotape but that plays out perfectly for our purposes. Let their stoic, skeptical personality radiate. This, in turn, can come across to a viewer like a very independent opinion. Do not miss the opportunity. Similarly, paramedics should be deposed in uniform. This lends credibility to the level of their knowledge and experience in such matters and builds confidence in what they say.

MORE IS MORE

Never think that you have too much video or that you have videotaped enough witnesses. Again, when the camera is not on and a golden nugget moment occurs, you will know it. You'll literally feel it and you will not be happy. You may have a lot of material when you begin compiling the presentation according to your case theme as it has developed, but, as they say, you can always cut more hair off, but you can't glue it back on. So have more than enough. Know that you will not use the vast majority of what you have. And know that a lot of work must go into edit and finding the many golden nuggets you found along the way.

BE CREATIVE

Video depositions are essential to the final product. But do not stop there. What else is there? Admissible at trial or not, can it help explain damages or liability, or, dare we mention, sympathy? Crash photos, coroner reports and photos, pre-injury awards, medical records and reports are some ideas. The use of B-roll: the hospital entrance, the wreck, the path of travel, anything that makes the message more compelling. The producer should be able to conduct additional interviews of people not deposed, or overlooked by the defense, and capture powerful Day-In-The-Life video, among other things. Of course the lawyer should assist the producer as will be discussed below.

THE RIGHT PRODUCER TO BRING THE STORY TOGETHER

Obviously, it is critical that you team up with a video writer/producer who not only understands all the subtleties of video production, but also has vast knowledge and experience working with the unique needs of plaintiff attorneys. Avoid trying to bring in your usual deposition videographer as she may not have experience beyond videotaping a deposition. Likewise, do not hire the crew who videotaped your last run of TV commercials. They may be able to craft flashy tidbits, but they don't know any of the mechanics of a plaintiff case. Ask your colleagues who they like to use. When you find a video producer, ask to see examples of her work. Does the video communicate the story, and is the quality that with which you are comfortable? Remember, the editing and pacing of the final product should be comparable to what you would see on prime time television, but this time with a legal motif.

LAYERING THE ELEMENTS

The process of compiling the various elements you have collected into a polished presentation is a time consuming one. You didn't gather the materials overnight, and your producer will not be able to sort through them overnight. The producer will begin by determining the needs of the audience, in this case the adjuster. What does the adjuster need to know in order to make an informed decision to resolve the case? First, obviously, the liability must be communicated. The producer will bring all the disparate elements of your case together into a brief, easy to watch overview. Only the most compelling parts - the golden nuggets - of your documents, your experts, and the depositions you've so carefully thought to videotape will come into perfect alignment to explain why the defendant is responsible for causing your TBI case.

If the liability is relatively uncontested, be brief and move on to the damages. The adjuster needs to have a clear understanding of how you will present your case at trial: who the witnesses will be, how they come across, their testimony, and, if appropriate, the Day-In-The-Life (DITL) footage you will show the jury. On a moderate to severe TBI case, the DITL excerpts show your client in physical, occupational, and speech therapy. We see the morning routine, and why your client is likely to need care, perhaps 24-hours per day, for the remainder of his life. In a mild TBI case, we see everyday examples of problems your client has with balance, taste, smell, sight, short-term memory, personality, and the myriad of other symptoms with which he will be burdened permanently. The final video will be a layering of information that serves as a microcosm of your trial presentation. Consider this:

A) The video will begin with a tapestry of deposition excerpts and written reports which convincingly explain the defendant's role in the case;

B) We continue with excerpts from the treating neuropsychologist's deposition or video statement explaining the severity and permanence of the TBI;

C) Next, at the root level, we watch the DITL presentation you will show to the jury;

D) While the adjuster is watching the DITL, he hears statements from family and friends we have weaved in about how the TBI has changed the plaintiff's life;

E) After the DITL video, the family and friends clearly and concisely describe the plaintiff's pre-morbid condition - his activities, family life, breadwinner status, etc.;

F) Snapshots and home videos then illustrate these points to further show the plaintiff's quality of life prior to the TBI, narrated in the words of those who know him best;

G) Finally, the plaintiff's grim future, and how his life is not going to improve.

1 FRCP 30(b)(2-3)...(2) The party taking the deposition shall state in the notice the method by which the testimony shall be recorded. Unless the court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means, and the party taking the deposition shall bear the cost of the recording. Any party may arrange for a transcription to be made from the recording of a deposition taken by nonstenographic means.

(3) With prior notice to the deponent and other parties, any party may designate another method to record the deponent's testimony in addition to the method specified by the person taking the deposition. The additional record or transcript shall be made at that party's expense unless the court otherwise orders.

The producer will need to know if you will be showing the finished video on a standard TV monitor or a widescreen 16x9 display so that the video can be edited with the proper aspect ratio. Keep in mind that professional DVD authoring allows for creative flexibility in additional soundtracks, subtitles, chapter points, and so forth. You will need to decide if you will send the video to the adjuster two to four weeks in advance, or use it as part of your presentation at ADR. There are pros and cons to each. Arguably, forcing an adjuster or lawyer to watch the DVD with a mediator and in your presence is a successful approach. You may want to start negotiations before the viewing to get a feel for the opposition's valuation. Or, you may choose to view the DVD prior to negotiations to visually substantiate your client's offer to compromise. If you decide to show it at mediation, you need to consider what equipment you will use for playback. Be certain you have tested the DVD in the player, and have successfully played it from beginning to end prior to the mediation.

CONCLUSION

DVD is the current technology that is stable and reliable. It is an excellent format for making the defense visually understand your case. The objective is not to bring the adjuster or defense lawyer to tears but to make them understand that the jury will be brought to tears. Finally, the extensive preparation during discovery will aid your theme and development of evidence for trial.

Tim Titolo is a neurolawyer in Las Vegas, Nevada. The Titolo Law Office practice emphasizes brain and spine injury since 1988 – [http://www.titololaw.com] Dave Fulton is Founder and President of Image Resources, Inc., a nationally recognized, full service video production company based outside Indianapolis, Indiana, which has specialized in producing settlement documentaries since 1994 -- http://www.i-r.com

Timothy R. Titolo is Las Vegas and Nevada’s experienced trial attorney. Mr. Titolo handles all types of personal injury cases, including catastrophic and serious injuries and wrongful death. He has particular expertise in traumatic brain injury (TBI), spinal cord injury and nerve damage cases.

Titolo Law Office has earned a reputation for achieving significant results. Through his successes, as well as by writing articles and giving presentations to attorneys and medical professionals around the country, Mr. Titolo has garnered the respect of colleagues.

You Paid What For That Patent? How Patent Counsel Hiring is Like the VP Wardrobe Buying Process

The recent hullabaloo regarding Sarah Palin's "gold plated" wardrobe from Saks and Neiman Marcus got me thinking about how many companies select patent law firms. This may seem like a non-sequitur, but bear with me...

Those responsible for dressing Gov. Palin apparently believed that the large expenditures at Saks and Neiman Marcus automatically translated into value for the Republican ticket by allowing her to be viewed as more "Vice Presidential" than she would otherwise been considered. Notwithstanding the high cost of her new wardrobe, as reported in the New York Times, her overall "look" remains the same as when she campaigned for and served as Governor of Alaska: business-appropriate jackets, feminine skirts and high heels. The response to this wardrobe makeover by a major fashion commentator: "Honey, I could have dressed you for a lot less than that." From this comment, as well as the continuing backlash about the cost, it appears that the expense of Gov. Palin's wardrobe does not directly correlate with the value provided to the McCain-Palin presidential ticket.

Not dissimilarly, when I review patent portfolios for clients for valuation and strategy analysis, I often think to myself "you paid WHAT for this patent?!" All too often, otherwise smart business professionals effectively engage in "magical thinking" by assuming that the act of throwing money at a high end patent firm will translate into creating business value. Of course, these same professionals would not believe that the mere act of spending of money will result in value creation in other areas of their business. So why do they do this in the patent realm?

I believe that the information costs associated with vetting and selecting patent legal services make it difficult for busy business professionals to make informed decisions in their company's patent matters. Without legal training or substantive business experience in patent matters, the vast majority of business managers likely do not believe themselves to be capable of directing strategic decisions about their company's patent portfolio. They therefore cannot rationally make the decision to identify a low cost, but otherwise excellent, patent law firm to work on their patent matters. For lack of any other means by which to select counsel, they assume that company value will be increased if they hire the patent law firm equivalent of Saks and Neiman Marcus, even when they could have obtained the same patent "look" by hiring a much less expensive law firm.

Fortunately, there is a solution to the patent law firm information cost problem. The emerging specialty of intellectual property ("IP") business strategists can provide business professionals with the information necessary to make educated and more cost appropriate selection of patent legal counsel. An IP business strategist can effectively operate as a business professional's "personal shopper" in selecting patent counsel and in assisting in managing patent legal expenses. In this role, the business IP strategist can obtain the right patent "look" for a company by knowing where to shop for legal services.

This is not to say that the business IP strategist would never select the Saks or Neiman Marcus equivalent of a patent law firm. Situations certainly exist where the cost of such a patent firm would be justified, such as in a so-called "bet the company" invention or litigation. However, as a "personal shopper" for patents, an IP business strategist can allow a business professional to make an informed decision about the appropriateness of such higher costs.

Moreover, the IP business strategist also understands the profit margins associated with patent law firms and, as such, will be better able to negotiate a discount with the law firm. That is, the patent "personal shopper" can help a business professional to obtain Saks and Neiman Marcus quality at a "sale price." And, who doesn't love to get a high quality product at a discount?

A "personal shopper" for patents will not necessarily result in reduction of a company's costs, however, I can virtually guarantee that the quality and overall value of the patent portfolio will increase. Also, it is highly likely that the cost savings enabled by a company's engagement of an IP business strategist will cover the cost of hiring this specialist. As more companies become aware that legal cost does not necessarily equate with patent value, the more IP business strategists will be seen as a useful way to improve the way one obtains patent legal services.

Jackie Hutter is Principal of The Hutter Group, a leading provider of IP ("Intellectual Property") business counseling and competitive analytics to forward-thinking organizations that seek to maximize firm asset value by capitallizing on the power of intellectual property. She has over 13 years experience counseling innovation-driven companies, universities and business development and investment professionals in maximizing their firm intellectual asset value. Jackie was named a SuperLawyer(R) in Intellectual Property in Georgia in 2004, and she has been a frequent speaker on IP issues to her fellow lawyers. Jackie was formerly Senior Patent Counsel at a Georgia-Pacific LLC, where she had sole responsible for Dixie(R) patent matters and, later, the company's Chemicals business. Prior to joining Georgia-Pacific, Jackie was a shareholder at the prestigious IP firm of Needle & Rosenberg, PC (now Ballard & Spahr), where she represented mulit-national companies, universities and innovators in protecting their IP to create maximum asset value. Jackie has also been a patent and IP litigator, which gives her a unique perspective in how to maximize firm IP value by avoiding litigation. Prior to attending law school on a full academic scholarship and where she graduated with honors, Jackie obtained her M.S. in Pharmaceutical Sciences and she spent several years as practicing chemist at Helene Curtis (now Unilever). She is a named inventor on one U.S. patent. Jackie lives in Decatur, Georgia, in a groovy mid-Century modern house with her husband, 2 daughters and several pets.

Corporate Lawyers - Important Role in Commercial Litigation

The large sectors of industries, commercial and corporate structures of countries as in the UK have several legal issues that bind them from time to time. There are several companies in each sector that leads to increased competition. And in a slight case of infringement of each other's territory results in bitter court cases and long drawn legal struggles for justice and judgment.

This also makes the role of corporate lawyers and solicitors extremely crucial and vulnerable at the same time. These men and women are extremely talented legal professionals with a wide experience and knowledge of every aspect of corporate law.

Aspects of Corporate Law

There are several aspects of the corporate sector that may lead to a legal struggle. There are management related aspects which include the shareholders and the stockholders. There are management and employee rifts and cases for claims.

Then there are the company creditors and those with whom the company may be sharing financial interests. At times a company may also be stuck in bitter corporate feuds with partnering companies. And then there are legal issues pertaining to mergers, collaborations and takeovers as well. in case of the latter there are legal issues that need sorting out over financial settlements and power sharing ratios.

Companies may also at times be involved in legal controversies over public litigations. There are corporate lawyers who have to represent companies when there is a complaint or case lodged by a consumer on some grounds of dissatisfied experience with a product or service; there are various such issues which need to be resolved on a regular basis.

Corporate Lawyers and Solicitors

There are several legal roles that corporate lawyers and solicitors perform on behalf of their companies. These duties includes consultation regarding some of these following aspects among mnay others.

tax payments and issues

financial resources

investments

profits and losses

legal issues of mergers and takeovers

intellectual property rights and patents

bankruptcy

closing and negotiation of deals

paperwork and details

regional laws and international corporate laws

employee appointment and dismissal terms and clauses

These are only some of the aspects of corporate law that are undertaken by commercial litigation lawyers and solicitors on behalf of their hiring companies. Though there are usually a full time employment and a in house department for legal matters in every large corporation it is not uncommon to hire outside assistance and counsel as well if it is required.

There are different types of legal departments that are a part of companies depending on their stature as well as the nature and extent of their legal work. There are teams of senior and junior company lawyers that may be found in large or multinational corporations.

And there are also one man led department in medium companies. In case of smaller companies that do not wish to maintain a full time division owing to the rarity of legal issues there are corporate legal firms to their counsel.

For more information on commercial litigation lawyers, check out the info available online; these will help you learn to find the commercial solicitors!

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Cost-Crunching Counsel: Nine Keys to Controlling Costs and Improving Legal Services for Your Busines

Attorneys are all about money, right?

We're the ones who cue our families for photographs with, "Everybody smile and say, 'Fees!'" Go ahead. Insert your own joke here. We can take it. But despite the jokes and our reputation, most of us are businessmen, too. We understand the need to control costs. We don't like wasting anyone's time, either.

We're just like you. We thrive on referrals and return business. If we gouge clients, a lot of people hear about it.

So I'm here, as an attorney, to tell you how to keep your legal costs under control. I've enjoyed twenty years in my career with firms ranging in size from more than 500 lawyers to firms with less than five attorneys. It's this simple: When companies follow these nine keys for hiring and using legal counsel, they crunch their legal costs--and actually increase the quality of their legal representation.

Key #1. Get the right lawyer for the job.

Get the lawyer whose practice focuses on the narrow area of law in which you need assistance. (This almost always means you need more than one law firm doing your legal work, by the way.)

Choosing the right lawyer can save you big money in the long run. The focus of my practice is international dispute resolution. Many times, the best way to collect a debt owed by a foreign company (particularly if that company is based in an emerging market country) is to seize an asset of that company in a foreign country. Suing these companies in the United States is very expensive. Many countries do not fully recognize U.S. judgments. You sue here and take the judgment there, only to learn you essentially need to sue again and win in your debtor company's home country. Seizing your debtor's valuable asset in a neutral third country can oftentimes be the best solution.

The problem is that many, if not most, of the contracts my clients or their attorneys ask me to collect on outside of the United States weren't written with that in mind. Why not? Because they weren't written by an international lawyer. In these cases, I'm only brought in as the specialist to do damage control long after the agreement is executed. Many of these contracts state very explicitly that the client's home city is the only jurisdiction in which any lawsuit might be brought. So what happens? Such a provision can preclude action in some foreign countries and make seizure in all of them more problematic.

I had a recent case where I am certain we could have collected a million dollars for the client in an overseas jurisdiction had there not been a provision requiring litigation in an East Coast state. My East Coast client may have saved a few hundred dollars by having his regular lawyer draft the contract, but in the end, it may have cost them a million dollars.

Choosing the specialist usually saves money in the short term as well. My next door neighbor asked me to be her lawyer in purchasing a house from her parents. (A reminder: I do international dispute resolution.) I made clear I had absolutely no real estate background and that this transfer would be far more complicated than she probably realized.

My neighbor needed an attorney with experience in these deals. I knew such a deal should be structured to legally minimize various taxes and I told her that if she used someone without experience in this specific area--like me--she increased the likelihood of missing out on some tax benefit. Still, the clincher was when I told her that it would take someone like me around 30 hours to do such a project, while someone who was familiar with the legal territory would probably get it done in half the time.

I recommended a top-flight real estate lawyer with a tax background and told my neighbor she should expect legal fees of at least $3,500. She mentioned that the lawyer I'd recommended had completed the job, tax benefits intact, for much less.

I was shocked by the low fees and called the real estate lawyer for an explanation (I actually thought he had cut my neighbor a break as a favor to me). The lawyer told me it had taken him only three hours for the job because he does about twenty of these transactions a year. That means there is no need for him to research the tax laws each time so what would take me 30 hours takes him three.

This illustrates an old adage about the best way to find the best lawyer for your particular matter: solicit suggestions from your regular lawyer, or a friend who is an attorney. However, you need to ask for more than, for example, someone who has ever done a trademark registration. In that case, you'll probably be passed off to another lawyer in his firm that has handled a few trademarks rather than getting the name of a well-respected trademark lawyer outside the firm. Using the in-firm corporate generalist for your trademark work will prove mighty expensive if that generalist misses something in the registration.

Key #2: Stay in constant communication with your lawyer.

It may seem completely counter-intuitive that constantly communicating with your lawyer will save you money, but it almost surely will.

In reality, staying in good communication with your lawyer is the rough equivalent of regularly changing the oil in your car. It costs money each time, but a blown engine or (in the case of legal services) a big lawsuit is going to cost you a lot more in the long run than a few oil changes or phone calls along the way.

This brings me right to the next key:

Key #3: Know your goals and tell your lawyer [WHAT THEY ARE}.

This is an "ouch" item. Remember the old Rolling Stones song "You Can't Always Get What You Want"? With your counsel, "You Won't Ever Get What You Want" if you don't know what you want to achieve through legal representation.

It's your lawyer's job to explain various possible outcomes of a case or transaction, but it's your job to know what your goals are. You are always going to know your business better than your lawyer.

Many years ago, a client came to me about six months into some highly contentious litigation with his business partner. The client had already spent around $50,000 on this case he had brought, but he had a vague sense of uneasiness about it. His regular corporate counsel had referred him to me for a second opinion regarding the litigation.

I met with the client for a few hours and learned that he wanted me to make sure his lawyers were handling the case properly. During this conversation, the client must have told me at least ten times that he never wanted to do business with his partner again. I told him I would review the entire case file and get back to him in a few days.

When we met again a few days later, I told him that his lawyers had been doing a fine job. Again, he kept mentioning how he never wanted to do business with his partner again.

I then asked him whether he realized that no matter what happened in his lawsuit against his business partner, they would still be partners at the end. Here's the "ouch": it turns out the client had thought that victory in his lawsuit would remove his partner from the partnership. The client had fifty grand into this process, and that goal of dissolving the partnership just wasn't going to happen.

I then spoke with litigation counsel who confirmed the lawsuit could never achieve that objective. The lawsuit was just to seek compensation from the partner for business he had allegedly diverted to another of his companies that should have gone to the partnership. We met a few times with his partner (who actually wanted out of the partnership). Within a few weeks, we achieved a settlement that removed the partner from my client's business--and ended the litigation that should never have been started in the first place.

Key #4: Avoid Litigation.

Being sued or finding yourself in a position where you have no real choice but to sue should almost always be avoided. This is easier said than done, but by living up to your agreements (and getting them in writing), spending a little up-front in legal fees and consulting with lawyers, you can go far in avoiding most lawsuits.

However, litigation is often necessary and should even sometimes be employed to further broad strategic business objectives. Nonetheless, once litigation has begun it is time consuming, difficult to control, and very expensive.

Regular communications with your lawyer will better enable her to head off problems before litigation becomes the only solution. It will also enable her to better position you to prevail in any such litigation, if it cannot be avoided.

I have found that the clients who are best at communicating with me have gone through litigation and truly understand the need to avoid it. Concentrate your efforts close to home. While great time and effort are spent on protecting against injury lawsuits (hot coffee and the like), that risk for most businesses is relatively small and, more importantly, can be insured against. For most businesses, employee and contract issues present a greater danger of getting out of hand. Ironically, these are precisely the issues that are easy to avoid up-front with proactive employment policies and clear written contracts.

Key #5: Use a law firm that appropriately outsources.

The big firms are usually set up in such a way that the profits of the partners come from the work of their associates. These associates are often recent law graduates who are likely to be far less efficient than a more senior lawyer. Put simply, 20 hours at $200 will cost you more than 10 hours at $300.

Associate time is often a lousy value. Law firms love having their associates doing legal research. The associate conducts highly profitable legal research and the law firm avoids having an inexperienced lawyer making strategic decisions. In the meantime you are paying to help train that associate. In seven years or so, he'll be ready to become a partner and use a new associate to do the same thing to some other client.

How can you avoid putting too much of your legal budget into associates? On each matter ask your lawyer whether it would be possible for her to subcontract out some of the research work by using a part-time contract lawyer or even an overseas research service.

In Seattle there are many lawyers who, for whatever reason, do not wish to work full time and so contract out their legal research services for anywhere from $30 to $70. Though your law firm will justifiably mark up these charges to cover their normal overhead, you still should expect substantial savings. There is even the possibility of using overseas lawyers to assist in initial research of some matters. With competent lawyers in India charging as little as $7 an hour for computerized legal research, there is no reason not to give them the first crack at research that your lawyer will have plenty of time to review and supplement.

The outsourcing used by your law firm should not be confined just to lawyers, either:

Good Japanese translators are in great demand in this country and so they are quite expensive. For years we have been successfully e-mailing Japanese documents to excellent translators in Russia who charge 1/5 as much.
We realize substantial savings for our clients by having our Chinese documents translated in China, rather than here.
We have used Korean engineers for initial engineering review on cases, saving at least 30%.

We even encourage Vancouver or Toronto, Canada, arbitration provisions in our client's international contracts because Vancouver arbitrators, though quite competent, generally cost about half of those in the locales most commonly used for international arbitration (London, New York, and Stockholm).

Key #6: Explore alternative fee arrangements.

It almost always makes sense to at least discuss with your lawyer billing arrangements other than straight hourly fees.

Perhaps you'll both benefit from a fixed fee arrangement. Here, you and your lawyer agree on a fixed fee that covers legal services. The real advantage in this arrangement, for both counsel and the client, is the ability to budget in advance and so limit billing "surprises" for both of you.

Contingent fees are another alternative option. Simply stated, the law firm is paid contingent upon the results they achieve. Although you often hear "If we don't win, you don't pay" on TV commercials, the more common arrangement in business cases is to use contingent fees in combination with cost-reduced or limited-number hourly fees.

There are also a number of hourly billing variations to consider. One common option is to negotiate a reduced hourly rate plus bonus. Here, an agreement can put your counsel at a reduced hourly rate plus bonuses to be paid for meeting or exceeding deadlines you agree upon.

Key #7: Have your lawyer give you an estimate of the fees and costs.

It's in your best interest to get an estimate of your legal fees.

An estimate is just that: an estimate. Legal fees are often difficult to predict, particularly in litigation where the opposing party's tactics greatly influence what your lawyer is required to do. However, you still need an idea of the legal costs you're about to encounter.

From my perspective as counsel, I have learned that it is always a good idea to give an estimate because sometimes clients truly have no idea exactly what is involved in handling a particular matter. Years ago, a client called me wanting to seize the assets of a Russian company that owed his company about $350,000. Because this was the first time I had worked with the company, I wanted to impress the client and I told him that I would use my contacts throughout Asia to determine whether this company had any assets there that could be seized. I also told him I would be working with a Russian law firm to explore the likelihood of success if we needed to sue in Russia. When he agreed to that strategy, my firm did all of these things, incurring $5,000 in fees and costs. About half of that went to lawyers/agents in Korea, China, Hong Kong, and Japan and to the lawyers in Russia who had written a very good four-page memorandum outlining what would likely happen if we were to sue in Russia.

I reported back to the client within a week and gave him very clear directions on what we needed to do to recover the debt. I then sent out the bill for approximately $5,000, believing we had done a great job very quickly and efficiently. I assumed the client was very happy with our work and would gladly pay the bill. (I can assure you that my clients for whom I regularly do this sort of work would not have batted an eye at the bill.)

My assumption was wrong. The client called and said he had no idea that it would cost so much. This struck me as curious, since the client was a rather sophisticated business person whose company uses one of the big firms in town. Yet he told me that he thought that my search for assets, and my working with Russian lawyers, would basically consist of one afternoon's worth of phone calls. Because the miscommunication regarding fees was more my fault than his, I drastically cut the bill. But from then on I've tried to always give an estimate up front and then continue to update that estimate as the work progresses.

Key #8: Don't focus too much on the attorneys' hourly rate.

An in-house counsel for one of the largest corporations in America once told me that, no matter what the hourly fees were at the various firms used by her company, in the end, most of the firms tended to charge similar amounts. According to her, the firm whose partner billed out at $250 per hour simply billed more time than the firm whose partners billed out at $350. At the $350 per hour firm, more work would go to associates.

So here's the principle behind the key: Focus on lowering your total bill, not on the fees charged by individual lawyers.

Key #9: Don't forget about insurance.

One of the best investments against monumental legal fees is insurance.

Carry liability insurance and, if feasible, carry directors' and officers' liability insurance. Discuss your various insurance options with both your broker and your lawyer. Then, if you do get sued for any reason, have your lawyer check your policy to see if you have coverage. Too many times, companies have assumed their policy could never cover a particular matter when in fact it either might or it does.

These nine keys combined can form a powerful strategy to significantly control your legal costs. You may never be able to smile with your lawyers when they say "Fees!" for the firm's holiday photo, but you'll know you're making the most of your legal budget.

Dan Harris is an attorney with the international law firm of Harris & Moure, pllc., which focuses on assisting businesses in or involved with Asia, Eastern Europe, or North America. http://www.harrismoure.com

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Litigation Lawyers - Helping to Fight Criminal Charges

Criminal law is a specialized area of the law that involves complex legal information and concepts. If you have been charged with a crime, you should not consider representing yourself in court because you may miss out on critical information that could have a detrimental effect on your case.

Instead, you should work with New Jersey litigation lawyers to prepare a defense that has the best chance of helping you to retain your personal freedom. One thing that will affect how you prepare your defense is the class of crime of which you are charged. Different classifications mean different penalties, so you and your defense team should tailor your trial preparation and defense presentation to fit the class of crime you have been charged with. A crime's class is based on the seriousness of the offense and other circumstances.

Infractions

Infractions are minor offenses that usually violate a local law or ordinance. Instead of having a criminal trial for infractions, they are usually considered to be civil offenses and are punished by administrative penalties such as fines or the loss of a privilege. You may not need an attorney for a minor infraction, but it's a good idea to consult New Jersey litigation lawyers to make sure the case is not more complicated than it seems.

Lesser Included Offenses

A lesser included offense is a crime that has all of the elements that make up a more serious crime. For example, battery is a lesser included offense of murder because all of the same elements must be proved in both crimes. If you have been charged with a crime, you cannot be convicted of both the major crime and the lesser included offense. However, juries are able to find a defendant guilty of a lesser included offense instead of the major crime. In murder cases, the judge presiding over a case is required to inform the jury that the defendant can be found guilty of a lesser included offense. If a defendant is convicted of a lesser included offense, but not a major offense, there can be no retrial for the major offense. New Jersey litigation lawyers can counsel you and help you determine how to handle a case involving a lesser included offense.

Misdemeanors

Misdemeanors are more serious than infractions but not as serious as felonies. A misdemeanor crime would be something like writing a bad check or vandalizing public or private property. Misdemeanors are usually only punishable by up to one year of jail time, which is usually served in local jails instead of state prisons. You may also be sentenced to probation or community service for a misdemeanor. New Jersey litigation lawyers can help you prepare the best defense for your case.

Felonies

Felonies are the crimes that are considered the most heinous and are usually characterized by carrying a penalty of more than one year of jail time. The death penalty may also be applied for extreme felony cases. Felonies can include homicide, rape, and drug sales. If you have been convicted of a felony, you can lose the right to vote and to hold certain professional licenses. New Jersey litigation lawyers can counsel you on the best course of action to take if you have been charged with a felony.

Looking for the best NJ Lawyer ? Look no further, check out our New Jersey Lawyers website today!

Construction Litigation Help

Construction industry is wide service sector that requires different contractors to serve in different capacities this may include; electricians, plumbers, floor guys, cabinet guys, and handymen. To be able to choose the best contractor for your project it's recommended you ask for help from a construction litigation attorney. A good attorney will help you choose a contractor who they believe can deliver and have vast track record in finishing his duties as required by the law.

It's imperatively very wrong for a professional construction litigation attorney to refer or accord his friends favor by praising his worthiness yet he has been involved with dubious activities. It professional to refer your clients to contractor; with visible track record in doing business in this industry.

Other than that, there are several factors that any construction litigation attorney should consider before referring any contractor to their clients, that is; attorney should always scrutinize any contractor to know for how long he has been in this industry, that is; his achievements in field, his relationship with the business community around him, since its very hard for him to do shoddy jobs within the area of residence and the most important how long has he been in the construction industry. Sometimes it's also very important to check the type of license and accolades he has, this will enable you to give correct and meaningful advice to clients.

There are many licenses that contractors are required by the law to have one of them is commercial general liability insurance, its very important to have this insurance cover to posses, it ensures personal injuries and property damage at the place of work is catered for no matter the magnitude of the injury or damage. You should always think of workers and other properties around your project to avoid construction litigation processes which might increase you construction budget tremendously; the law requires every contractor comply with the minimum state and contractor's licensing law requirements. Over the year several contractors have overlooked or failed unknowingly failed to leave out the important consumer protection provisions like mechanic's lien notices, insurance clauses, three-day right to cancel requirements, and similar provisions. It's therefore recommended that before you refer a contractor, let them submit to you a sample contract agreement such that your client has an opportunity to review it with counsel should they so choose that particular contractor.

The financial base of any contractor is the pivot to being given the contract, it's therefore important for a contractor to submit his business financial account details i.e. balance sheet or a trial balance, if you overlook this issue you may end up being sued or your project being halted. With a qualified construction litigation attorney you can be able to choose and verify all business practices of any contractor.

Law Marketing contributing in many articles. His suggestion and opinion has proved helpful and practical to the people who are looking for a construction litigation help by Los Angeles construction lawyer. You can also find help on business litigation law.