Monthly Archive for July, 2009
The way to define success in our business is by measuring results: Have our clients achieved their objectives? This not only means getting the deal closed, but also leaving them and their merger partner (or new business) ready to hit the ground running. Success is never about winning every argument at the negotiating table, it [...]
Corporate law is also a business, therefore, a good corporate lawyer must manage his or her existing business and think about how to grow it, whether by working with new clients or identifying opportunities with existing clients. Very often, corporate management and investment bankers will call us, based on our reputation or some experience working [...]
Even if you have experience and a client comes to you with a transaction, a good corporate lawyer must be able to effectively communicate advice. The best advice I have ever received (and ever given) is to be clear and confident in the advice you give a client. Clients will feed on your confidence; it [...]
Developments are occurring now that present the risk of a significant negative change in the lawyer-client relationship, including some elements of the Sarbanes-Oxley legislation. If confidentiality and lawyer-client privilege are not treated in a judicious and balanced way, the lawyer-client relationship and the interests of clients will be threatened. What some self-proclaimed reformers do not [...]
Over the last few years, there has not been much change in the law of corporations. There have been significant changes, however, in the federal securities laws, and there has been a decided shift in emphasis and orientation. Congress has involved itself in areas that traditionally have been the province of state legislatures and state [...]
Recently enacted laws and new regulations have changed many aspects of the business world and the practice of corporate law. Privacy issues are also very important in this day and age. As we continue to move forward in an area of enhanced technology, the interplay between technology development and intellectual property law, as well as [...]
Every corporate lawyer must keep up to date with new developments in his or her area of legal expertise and in business and law generally. Each corporate lawyer will be responsible for particular client relationships and will be on the lookout for developments that would be of interest to those clients. In addition, a high [...]
The business world and the technology that provides the tools of the corporate lawyer are evolving at an ever-increasing rate. Twenty years ago, there were photocopiers, but word-processing mostly consisted of memory typewriters. For many, “cut-and-paste” involved scissors and glue. At that time, most delivery of printed material was done via the postal service. Since [...]
In our practice, as corporate lawyers we, by and large, represent the corporate entity. The corporate lawyer recognizes that the corporation is our client. As corporate lawyers we are charged with the task of acting in the best interests of the corporation. The best law firms will emphasize this, and it is a key principle [...]
Dealings in today’s business world have become increasingly complex due to a variety of factors: an increasingly hostile competitive environment; increasing globalization of today’s markets; advances in technology as they affect the business; and a complex array of regulatory concerns and litigation risks, among others. These factors have had and will continue to have significant [...]
The preparation for a negotiation begins with a very thorough discussion or set of discussions with the client about just what its particular goals are. Some or all of the following questions are important: What is the client trying to get out of the particular project that is under consideration? What are the key components [...]
To be successful as a corporate practitioner, one must have first of all an unwavering commitment and devotion to providing an extraordinarily high quality of service and counsel. Achievement of the client’s goals on a given project can oftentimes require long hours and tenacious commitment to the completion of task within the timeframe allotted. In [...]
Thomas W. Hughes Winstead, Sechrest & Minick, PC Chair, Corporate SectionThe role of the corporate lawyer has evolved over time, but has always been one of mutual trust, of giving valued counsel to the client and helping the corporate client achieve its goals. As the business world has grown in complexity, the corporate lawyer has [...]
We are entering a period in which we will see a great deal of regulation including the adoption of new rules and regulations by the SEC, and other regulatory authorities. We are going into a period that will be challenging for executives because they are going to have to understand a great deal more about [...]
I do not subscribe to the notion that corporate ethics have been changed by recent developments. While there is greater sensitivity, the fact of the matter is that good lawyers have always advised their clients to do the right thing. It is unfortunate when lawyers forget their role: Being a good lawyer is advising your [...]