Corporate Law (By Steve Ebert)
Litigation v. Transactional
Corporate attorneys support corporations in either litigation or transactional matters. As a litigator, the attorney assists his corporate client in settling claims against another organization through negotiations and court appearances. Litigators are required to research particular questions of law and submit motions to the court in defense of a corporation. They utilize their communications skills to defend client corporations in the courtroom.
Most corporate work, however, is accomplished by attorneys without litigation. Transactional attorneys negotiate and draft agreements behind the various deals engaged in by a corporation. Work can include mergers and acquisitions (M&A), financing arrangements such as letters of credit, or asset purchases.
Transactional attorneys must ensure that clients actually get what is written in their agreements. Corporate lawyers spend a lot of time combing through the primary underlying documents of an agreement to ensure that the representations expressed by the other parties in a transaction with their client are accurate and do not expose it to any hidden risks. This investigative process, which is usually done by younger attorneys, is known as due diligence.
Corporate attorneys are very well compensated for their hard and demanding work, but their average work-week can be very long.
In-House v. Outside
Lawyers have the option of working for a private firm (outside) or working inside a corporation (in-house). As an in-house attorney, you would work in the general counsel's office and concentrate on day-to-day aspects of the corporation, while the outside counsel typically deals with more complex and frequent transactions, such as an M&A deal. There are both internal and external opportunities for transactional and litigation attorneys. For those attorneys interested in working in-house, employers tend to require 3 to 5 years prior work experience in a law firm. In-house attorneys typically make less money than their counterparts in law firms, but are still well compensated. In general they have greater control over their work hours.
What do Lawyers Do for Non-Profit/Tax Exempt Organizations? (By Steve Ebert)
The nonprofit sector is comprised of organizations that promote a particular public purpose without distributing profits for the benefit of a private individual or organization. The nonprofit sector includes: educational institutions such as universities, certain hospitals, scientific research, societies for the prevention of cruelty to animals, religious institutions, business associations as in the case of chambers of commerce and pension funds. These divergent institutions vary greatly in size and resources, and in some cases are as complex and control financial resources equivalent to top Fortune 500 companies.
As an attorney for a nonprofit, one can specialize in a number of areas.
Tax attorneys provide valuable services so that the nonprofit can retain its tax-exempt status. These attorneys prevent private inurement and determine that the organizational activities fit with in the designated allowable areas under the Internal Revenue Code (IRC) as stated in section 501(c). Also, tax attorneys provide important advice and legal opinion letters that opine to the legality of certain joint ventures with for-profit businesses.
Regulatory attorneys within government ensure that non-profits comply with the substantive law within the particular area in which the non-profit specializes. They also grant compliance.
Trust and estate lawyers manage the planned giving department by coordinating endowments, and other specialized donor options.
Finally, lawyers can serve on the board of directors for non-profit organizations and ensure that they comply with their charters.
What is Real Estate Law? (By Steve Ebert)
Finance
On the financial side, real estate lawyers operate similarly to corporate transactional and securities lawyers. While real estate attorneys can work on either residential (homes & apartments) or commercial (office towers, hotels and shopping centers) real estate, the underlying purpose is the same. In both cases attorneys, depending the stage of the process they are in, will help secure, negotiate and draft agreements relating to the temporary or long-term financing of the construction of the asset. Financing is accomplished by pledging the underlying real estate as security for the borrowed money (mortgage), and/or the pledging rent monies from the tenants in the development.
Attorneys may also negotiate lease agreements with tenants. Another thing they do, to increase the liquidity (available capital) for the real estate developer, is help the developer negotiate investment agreements with a large company which groups real estate assets all over the country for investors. One type of real estate investment vehicle is known as a REIT (Real Estate Investment Trust).
Environmental/Land Use
Although financing is a critical component of real estate, part of the value of the asset is the quality of the land. Environmental attorneys draft and negotiate a variety of documents that attest to the condition of the land and its suitability for certain types of development. These attorneys work with engineers to perform the due diligence, background investigation, and to ensure that the seller is properly representing the condition of the land they are selling.
An attorney also represents property owners in lease negotiations to restrict the activities of tenants to prevent environmental degradation and decrease of property value.
Environmental Attorneys also have a litigation role as well. Superfund cleanups, air pollution and the defense of wetlands are just some of the cases they work on. Although the substantive matters are clearly different, the day-to-day roles of litigators specializing in these areas are similar to those of other types of litigators. Environmental lawyers can also work for government agencies (e.g. Environmental Protection Agency) and for non-profits (e.g. The Nature Conservancy.)
What is Securities Law? (By Steve Ebert)
Business organizations have two primary methods of obtaining external financing for their business affairs-debt and equity. Debt securities are typified in the form of bonds, financial instruments that give investors a return of their principal, combined with additional monies in the form of interest payments over a scheduled period of time.
Equities are typified in the form of stock, which allows investors to have a proportionate interest in a company and share in the upside, or potentially downside, of the growth of the company.
In addition to these two mainstream examples, other financial instruments that may constitute a security include an investment contract, interest in a partnership, or an option.
As a securities attorney on the transactional side, your tasks would include regulatory compliance with the U.S. Securities & Exchange Commission (SEC) and Blue Sky laws (state level securities laws). You would also negotiate and draft financial instruments in the capacity as counsel to the company, commercial bank and/or underwriter (investment bank).
Securities litigators work for the plaintiff, representing individual investors that sue for fraud and other misrepresentations, or for government agencies such as the SEC or the U.S. Attorney's Office. In addition they can represent defendants in a variety of forums, including state courts, the federal district and appellate courts and administrative proceeds: see Regulatory Practice.
What is Finance Law? ( By Steve Ebert)
The finance practice area can be subdivided into three areas:
Public
Project
Structured
Public finance
Public Finance represents the intersection of private business and the government, or certain tax exempt organizations. This concept utilizes particular debt instruments that generally exempt investors from paying taxes on capital gains in furtherance of projects that are deemed to have a public purpose. Substantive example include public housing, stadiums, utilities, transportation (airports, highways and railroads), certain hospital financings, as well as the floating of government debt securities. Public finance is unique in its nature of combining business transactions within the context of public policy concerns.
Project and Structured finance
These are conceptually similar, but used in different contexts. In both cases, the private sector recognizes the value of a particular investor, however, the investment has a timing problem with respect to revenues and expenses. In other words, the present value of the projected revenue stream for the economic life of a project is greater than the present value of the estimated costs of the project. This significant difference, in turn, justifies the financing of the venture with significant up-front costs. The project finance model is mainly used in the international arena, to finance private sector investments in utilities and infrastructure. Structured finance is used both at home and abroad and is applied to diverse sectors of the economy.
As an attorney, your work would involve extensive negotiations and drafting, in conjunction with due diligence. You would most likely be required to do significant traveling. Also, you would work with other attorneys who have expertise in the underlying substantive area in which you want to finance.
What is Tax Law? ( By Steve Ebert)
The role of the tax attorney is very different than that of an accountant! The tax attorney understands the byzantine intricacies of the Internal Revenue Code and its myriad regulations, as well as other sources of tax law. His job is to plan, in a strategic fashion, the most tax advantageous manner of accomplishing a business goal. When newspapers report that company X is merging with company Y, experts know that there are many ways in which this complex deal can be structured. Often it is the creativity of the tax attorney that makes the deal possible.
Tax considerations permeate every type of business transaction, whether a family partnership, or the issuance of additional equity securities by a Fortune 500 company. Although tax attorneys do not usually have the primary role in driving a transaction, they are essential counselors in all areas of business, responsible for the complex structure of corporate America.
This is an excellent practice area for individuals who desire predictability in their lifestyles, and control over their work hours. It is also for people who enjoy the challenge of performing detailed analyses within a complex set of rules. Tax lawyers, as the strategists for the deals, work for law firms, the Big Five accounting firms, the IRS, and commercial and private banks.
What is Regulatory Law? (by Steve Ebert)
Regulatory law is primarily comprised of the "fourth branch" of government - administrative agencies. Congress transfers authority to various agencies through the delegation doctrine to further the policies and directives they have enacted. Examples include the Environmental Protection Agency (EPA), Securities & Exchange Commission (SEC) and Federal Communications Commission (FCC). Each of these agencies creates its own set of procedural and substantive rules, and these regulate much of the national economy. The goal of lawyers working for these bodies is to make sure that businesses and organizations follow the laws.
As a regulatory attorney you could assist business organizations by navigating them through government rules in a compliance capacity. For example, if a technology company wants to become publicly traded, the SEC requires the disclosure of information to investors and the filing of critical documents.
On the litigation side, these agencies generally have their own internal court system that complements the Federal judiciary. Lawyers appear with their clients before an Administrative Law Judge (ALJ) and follow abridged procedural rules in a trial on the merits of a particular case.
Lastly, attorneys lobby regulatory agencies for their corporate and other clients as well. Administrative agencies can only pass regulations after the proper completion of a notice and comment period. During this period, the attorney/lobbyist can utilize policy and legal concerns in an attempt to influence public policy to meet the needs of their clients.
What is Family Law? (By Elisa Behar)
A developing legal field, Family Law, is also known as domestic relations law. Family law explores the relationships between many individuals such as husbands and wives, parents and children, and domestic partners. Family law is evolving primarily in response to the social changes of the past decades. The women's rights movement, children's rights movement, changes in the "traditional" family, developing reproductive technologies, and evolving sexual mores have affected the nature of family law and its practice.
Traditionally, family law was purely a matter of state law. However, this too has begun to change since Congress has enacted legislation governing matters of family life. Such legislation includes laws regulating child support, parental leaves, child custody and parental neglect. Over the coming years, one can expect to see an increased federalization of family law and an evolving uniformity of state law.
The practice of family law necessarily involves an understanding of many different fields, including contract law, constitutional law, property law, divorce law and civil procedure, to name a few. And, family law questions often have far reaching impacts in other aspects of one's life. For example, determining whether a marriage is valid may affect a spouse's ability to collect pension benefits or other benefits afforded to a legal spouse.
Family law practitioners today can expect to deal with a variety of topics. These include but are not limited to: adoption, alternative dispute resolution, divorce, child support and alimony, wills and estate planning, elder law, genetics and reproduction issues, prenuptial agreements, tax, bankruptcy, and third-party parenting (including alternative guardians, step-parents, same gendered parents).
A family lawyer does a lot of work with people. Often the family lawyer not only advises her client about the law, but also serves as a counselor to the client. Those interested in pursuing a family law career should consider whether they would like to work closely with people who are often experiencing emotional pain. Family lawyers must be patient, understanding, and they must also be able to communicate well.
What you can expect in a family law career: A 1997 American Bar Association survey of family lawyers revealed that 65% of family lawyers practiced in small firms (3 persons or less). 75% of the lawyers surveyed said they worked 60 hours per week or less. And more than 75% of the lawyers surveyed earned less than $100,000 per year. Of course, this survey does not account for other factors that might affect the salaries, such as regional differences.
What is Criminal Law? (By Elisa Behar)
Many people often associate lawyers with criminal law. That is probably because it is the type of law with the most media exposure. Who can forget the infamous O.J. trial as it was broadcast on national television for weeks? Furthermore, television shows such as The Practice depict lawyers constantly defending murderers and rapists. Most of the dramatic courtroom scenes in movies involve a tense exchange between a lawyer and a criminal defendant who has taken the witness stand.
In reality, criminal law is not as dramatic as the movies or television would purport. In fact, the majority of criminal cases are dismissed or settled in some way before there is even a trial.
Criminal law deals primarily with crimes committed against the state, i.e. with social crimes. Examples include murder, theft, larceny, arson, embezzlement, and rape. These crimes are prosecuted by either a state or federal official who can hold any of the following titles: U.S. or state attorney general, U.S. attorney, state's attorney, district attorney, county attorney or city attorney. Criminal statutes determine which courts will hear what cases and who will prosecute those cases.
States have different procedures by which they prosecute individuals accused of committing crimes. However, in most states, a prosecutor's office will begin investigating a case after the individual has been arrested. At this point, the state and the accused will engaged in what is called plea bargaining. Plea Bargaining is basically a negotiation between the state and the accused. There the accused may decide to plead to a lesser charge or attempt to seek a lesser sentence than might otherwise be sought by the state. If the two parties agree, the individual may receive his or her sentence without undergoing a lengthy and expensive trial process. If the two parties cannot agree, then a trial may take place.
A criminal defense lawyer defends the individual accused of committing a crime against the state prosecution. Criminal defense lawyers can either be public defenders (appointed by the state to represent those who cannot afford to retain their own lawyers) or private practitioners (hired by the accused and paid for by the accused). Defense attorneys do not have to believe that their clients are innocent in order to represent them. In fact, many defense attorneys believe or know that their clients are guilty, but nevertheless represent them. That is because many defense attorneys believe that everyone is entitled to adequate representation.
What you can expect if you're a young lawyer working as a prosecutor
Many attorneys feel that prosecutorial work provides excellent trial practice. That is because prosecutors, unlike many civil litigators, spend a lot of time in court - sometimes even on a daily basis! However, that does not come without a price. Traditionally, these jobs do not pay very much and young lawyers find that they are strapped for time.
Many jobs in this field are competitive. For example, it is extremely difficult, if not almost impossible, to begin working at the U.S. Attorney's office immediately upon graduation. Securing such a position is considered a very prestigious accomplishment.
What you can expect if you're working as a defense attorney
Defense attorneys will deal extensively with people accused of committing crimes. This means generally that they may meet people from all walks of life. Defense attorneys will have extensive communication with their clients. Defense attorneys generally do not earn very much, as only a small percentage of individuals can afford to pay high attorney's fees. Furthermore, many criminal defense attorneys tend to work in small offices (as opposed to big firms).
What is White Collar Criminal Law?
An emerging field, white collar criminal law has developed to address the various statutes that criminalize wrongdoings in the business context. Examples of white collar crimes can include money laundering, racketeering, fraud or embezzlement. Unlike crimes such as rape, murder and petty theft, which usually involve a small group of individuals, white collar crimes can involve businesses and corporations.
Many big firms have developed small white collar crime departments to address the needs of their corporate clients.
What is Public Interest Law? (By Elisa Behar)
Public Interest law is a very difficult area of the law to define namely because it can mean many things. Primarily, public interest lawyers do just that - they work for the best interests of the public. But what is in the best interest of the public encompasses many issues. Public interest lawyers, for example, could be attorneys that provide subsidized or free legal services to women who have been victims of domestic abuse, or they can be lawyers working for the American Civil Liberties Union.
More importantly, practicing public interest law does not limit the lawyer to any specific type of law. They are no more labor lawyers, than they are criminal lawyers or contracts lawyers. Thus, public interest law is best defined by its activist nature as well as its clients. There are three places where one can find public interest lawyers:
•public law firms (for example: legal services organizations, public defender programs)
•non-profit organizations
•private law firms
Public Interest Organizations
Public Interest organizations perform a myriad of legal work for a variety of people. They can include anything from the American Civil Liberties Union (ACLU) to the Sierra Club Legal Defense Fund. Public Interest lawyers meet and work with a wide range of people. A public interest lawyer in such an organization could work with migrant farmworkers, individuals accused of crimes, gay activists, elderly people, consumer groups. Many attorneys who work for public interest organizations find their work very rewarding. For one, they are able to work on causes in which they truly believe. Furthermore, they are able to receive "hands-on" experience that they might not otherwise receive at a big firm. However, public interest organizations tend not to have very much money. Therefore, attorneys working for such organizations can expect to have significantly lower pay than their law firm counterparts. A lot of legal aid moneys have been cut back over the past decade.
Non-Profit Organizations
Non-Profit organizations include universities, museums, libraries and other organizations that have specifically designated themselves as non-profit organizations. Attorneys can serve as in-house counsel for such organizations. This might include reviewing contracts or preparing other documents. While some in-house attorneys might litigate on behalf of their non-profit organization, typically matters requiring litigation will be referred to outside counsel.
Private Law Firms
Most law firms do not exist exclusively as public interest law firms. Rather, such law firms will encourage their attorneys to devote a small percentage of their time to public service. These law firms will often accept referrals from local legal services and assist indigent clients in resolving their disputes. Again, these matters can range from assisting a woman in obtaining a divorce to helping clients keep their home in a possible foreclosure. Also, law firms may sometimes provide free legal services for non-profit organizations.
Attorneys seeking to work solely in public interest should reconsider whether they would like to work at a law firm. While law firms may certainly offer an attorney pro bono opportunities, law firms will expect their attorneys to devote a majority of their time to billable, non-public interest matters.
What is Bankruptcy Law? (By Steve Ebert)
Despite its negative connotations, bankruptcy is an important and vigorous area of the law notwithstanding current strong economic growth. Furthermore, the concept of bankruptcy requires careful consideration and planning in any financial agreement. There are different types of bankruptcies-reorganizations v. liquidations, and personal v. corporate. These are identified by different chapters of the bankruptcy code that lead to a variety of outcomes.
On the transactional side, companies want to eliminate legal risk by planning in their contracts for what will happen if they fall into financial trouble. Creditors normally retain a security interest, i.e. personal property equivalent to a mortgage in real estate. In the event a debtor is unable to pay for goods bought on credit, the creditor will have a pre-agreed repayment plan or retain the legal right to repossess the goods. If the debtor is a solid business but experiencing a cash crunch and thus difficulty with timing of payments, the creditor may work closely with the debtor on an arrangement subject to the contract and the bankruptcy code. As a litigator, an attorney can represent the creditor in the client's attempt to salvage as much value as possible to minimize their loss in a bankruptcy procedure.
Bankruptcy lawyers work for law firms and certain types of businesses.
What is International Law? (By Elisa Behar)
International Law can be divided into two areas of practice:
• Public Interest Law (NGOs) or Government.
Lawyers who work on trade agreement for the government usually have experience in the area via
government or corporate work; they may also have political connections; or may be noted academics.
•The international version of other substantive areas, e.g. project finance, or international trade.
Sometimes large corporate law firms have a substantial number of international clients
and oversee business dealings between companies.
International law can intersect many aspects of the law. For example, when you travel on a commercial airline flight there is the Warsaw Convention that limits the liability of the airline, in certain circumstances, for injuries that they may cause to you. However, as a particular area of law, as contrasted to being an element within the broader context of another substantive area, attorneys engaged in an international law tend to work for governments or non-governmental organizations (NGOs). An attorney for the US government could work with the US Trade Representative on negotiating a trade agreement with China. Also, a lawyer could work for Amnesty International and investigate claims against a foreign country. In addition, international lawyers are an integral part of the tribunal set up to investigate and prosecute war criminals in the conflict in the former Yugoslavia. Finally, international lawyers can represent governments or private groups when arbitrating critical issues in forums such as NAFTA or the WTO. International law represents a growing sector for lawyers as institutions such as the United Nations (UN) and the International Court of Justice (ICJ) grow in size and scope.
What is Intellectual Property Law? (By Elisa Behar)
Intellectual Property Law governs what we could call "products or creations" of the mind. Intellectual Property law is primarily an umbrella term for three distinct areas of the law: Copyright, Trademark and Patent.
Copyright Law
Copyright law protects "original works of authorship." These can range from essays to song lyrics, to maps and other literary works, and even to computer programs. Typically, songwriters, authors and artists seek to obtain a copyright on their work. Those seeking to copyright their work must demonstrate authorship. It must exist in some concrete form (e.g., the work is typed on a piece of paper, the music appears on sheet notes). Technically, a copyright arises as soon as a work is made.
Patent Law
A patent is generally a property right given to an inventor. Obtaining a patent is much more difficult than obtaining a copyright. An inventor seeking to patent her creation, must show that her work is: (1) of a patentable subject matter (2) novel (3) useful and (4) non-obvious.
It is important to point out that the novelty requirement needed to obtain a copyright differs from the original requirement needed to obtain a copyright. Novel means that the product has not existed before. Original can refer to two identical works created at different points in time. Patent owners have a monopoly over their product for a period of time. Patent rights may be transferred, sold and licensed.
Notably, because the requirements for a patent are so rigid and complex, patent lawyers must have technical backgrounds or passed the patent bar.
Trademark Law
Trademark law grants rights in symbolic information, such as a word or a logo usually used in connection with goods, in order to distinguish such goods from those of others. (Words and logos that are used in the sale of services are called servicemarks.) Examples of popular trademarks include: Coca Cola® and McDonald's®. Trademarks are valuable to corporations because they represent excellent marketing devices and to consumers because they protect against confusion. A trademark is acquired through use of the mark and can last forever, as long as it is properly used. A trademark owner can lose his trademark if he abandons it for a period of time.
Lawyers specializing in these any of these fields can expect their work to be interdisciplinary and varied. They can work in a range of arenas: corporations, law firms and for federal agencies and courts.
An intellectual property attorney working for a corporation may find herself litigating disputes arising out of copyright, trademark or patent issues, or she may find herself prosecuting patent applications. A publishing house, for example, may hire lawyers to deal with copyright issues; a company such as Nabisco® may hire lawyers to handle its trademark matters. Whatever the case, a lawyer working for a corporation will typically have only one client - the corporation.
Intellectual Property lawyers working for law firms may find that they have a variety of clients and will become well-versed in a myriad of issues. They may find themselves litigating intellectual property issues more than they would if they worked for a corporation.
Government agencies, such as the United States Patent and Trademark Office, employ both non-lawyers with technical expertise, and intellectual property lawyers, to review patent and trademark applications. Those reviewing patent applications must have technical backgrounds or have passed the patent bar.
What an intellectual property lawyer can expect: An intellectual property lawyer's hours and wages vary tremendously. This field is lucrative and those specializing in this field can expect to earn generous salaries, particularly if they choose to work for larger law firms. However, many such law firms have a billing requirement that lawyers must meet.
What is Immigration Law? (By Elisa Behar)
With the recent Elian Gonzalez scandal in the news, many Americans are getting just a small taste of Immigration Law and the sometimes emotional and complex legal issues involving immigration. In fact, immigration law has been around for many years. Since the United States began welcoming immigrants from other countries, immigration lawyers have been needed to facilitate the transition into the United States.
Immigration lawyers deal primarily with either facilitating the legal status of immigrants; or, if an individual works for the United States government, determining whether s/he legally belongs in the United States.
Immigration lawyers deal extensively with their clients. Furthermore, many of their clients have difficulty with the English language. Thus it is beneficial for an immigration lawyer to be fluent in other languages. Immigration lawyers, like family lawyers, must be able to interact with clients on an interpersonal level and must also be willing to work with people who may be in distress.
What is Trusts & Estates Law? (By Elisa Behar)
A subcategory of property law, Trusts & Estates law or Estate Planning, governs the disposal of one's property on death. Each state has its own laws concerning the establishment of trusts and wills. A person can set up a will because she wants specific persons to inherit specific property. When the testator dies, the will may be admitted to probate court. That court will appoint someone (an executor) to carry out the wishes of the deceased. Alternatively, the testator can designate whom she would like to care for her estate. However, if an individual dies without a will (intestate), then that person's estate will pass through that state's intestacy laws and be distributed among relatives in a specified way. Since gifts devised (or given) to heirs are often taxed heavily, estate plans such as wills or trusts aim to maintain the testator's wealth as much as possible.
Trusts & Estates lawyers typically must know a lot about federal and state tax. Their jobs involve considering the tax consequences of particular will structures, drafting the will, administrating the will and if need be, litigating any disputes concerning the will.
Many large firms around the country have small departments devoted to trusts and estates. Lawyers there can expect to work a variety of hours depending on the firms. Lawyers who work in Trusts and Estates department find that their hours are more predictable than their litigation and corporate department counterparts. Lawyers also must be able to work closely with people, sometimes in stressful situations. Even Trusts and Estates lawyers in larger firms boast that they are able to "see the client."
What is Health Care Law? (By Elisa Behar)
The health care industry represents about 15% of the American economy. This industry is highly regulated and requires attorneys in many capacities. First, on the regulatory side, government programs such as Medicaid and Medicare as well as their state equivalents, require internal monitoring by major health centers to ensure proper medical procedures are followed and fraud is contained.
Second, many health centers are Internal Revenue Code (IRC) section 501(c)(3) tax exempt organizations. As such, they must serve a public purpose - e.g. treat indigent patients. Attorneys must monitor that donations are properly funneled, and the charitable purpose properly promoted. Many health centers, although tax exempt, engage in joint ventures with for-profit entities, such as physician practice groups and management companies. Strategic and creative attorneys navigate regulatory and tax laws to assist in the health center's success.
Third, these attorneys can have roles similar to those of corporate attorneys when health centers merge with other health centers, or negotiate contracts with vendors. Finally, labor and employment lawyers are valuable, as with any major business, to determine internal hiring policies, address employee grievances and negotiate contracts with individuals and labor unions.
Health care attorneys are employed by HMOs, insurance agencies, law firms and hospitals.
What is Labor and Employment Law? (By Elisa Behar)
Although often confused as being one and the same, Labor Law and Employment Law, are actually different.
Labor Law
Labor Law has its origins in the Industrial Revolution. It is an area of the law that grew in response to the inhumane labor conditions of the turn of the century. With the development of unions came the need for lawyers who could manage and assist with collective bargaining. This delineated, in turn, two different types of labor lawyer: those that represented the workers and those that represented management.
Today, labor lawyers still practice in much of the same way they did years ago. They still play key roles in union negotiations and collective bargaining. However, labor lawyers have diversified, so to speak, and now there are more than just two types of labor lawyers. In fact, there are "union lawyers, management, lawyers, government lawyers, arbitrators, and agents."
Management lawyers often work in firms. Management lawyers typically focus on assisting companies that do not have unions to stay that way! Union lawyers, by contrast, work strictly for the unions and assist in contract negotiations responsive to employee concerns and grievances. Government lawyers can really work in a myriad of fields relating to labor law. A government lawyer who does labor work may work anywhere from the National Labor Relations Board (NLRB).
Employment Law
Although many could consider Employment Law to be a subset of Labor Law, employment law has come to be considered its own separate field. As in Labor Law, employment lawyers deal with management and employees. However, typically they work with extensive statutory work, such as the Americans with Disabilities Act (ADA) and the Occupational Health and Safety Act (OSHA).
Employment lawyers represent plaintiffs who feel they have been injured in some way on the job, or by their employer. Similarly, they can represent the employers in defending them against these types of suits. Employment lawyers can also review employee contracts or work on employee benefits.
What is Election Law? (By Elisa Behar)
Election law is a relatively new field of law. It has developed recently to address the election process. For example, Election Law covers how a campaign is financed, and how candidates file to run for office.
Election lawyers can represent candidates, political action committees (PACs), political parties and oversight agencies. They may have administrative duties as well. This can include fundraising for the election.
Election law is a new and limited field. Few large law firms nationally have an election law practice. And, as can probably be predicted, election lawyers tend to be busier at election times. However, this does not mean that election lawyers are unemployed during non-election periods.
What is Admiralty Law? (By Elisa Behar)
The law of the sea or admiralty combines financial and regulatory concerns. On the finance side, there are certain law firms that specialize in the financing of maritime related capital equipment. Although this practice area is somewhat nuanced to the industry, it parallels the notions articulated in the finance section above. On the regulatory side, there are various international treaties and conventions that control the sea lanes, the nature of items that can be transported and salvage rights of distressed ships, to name a few. Generally, a regulatory attorney would work for a national government, the United Nations or in-house for a multi-national transportation company.
What Is Entertainment Law? (by Sonya Crosswell Penn Law '02)
Many non-entertainment lawyers and students picture the practice of entertainment law as an exciting way to mix with the rich and the famous while earning a huge income. It is seen as an easy road to fortune, glamorous parties, gala events, and national recognition - if you can just get that first break. However, this is not the reality of the practice. Similar to any other specialty of law, entertainment lawyers work long hours and work hard.
Lawyers practicing entertainment law are not typically trained to be entertainment lawyers in law school. There is no substantive area of law individually identified as "entertainment law." However, as law schools adapt to the changing market place for potential students, more and more law schools have developed courses that provide a background in the various technical specialties involved in an entertainment practice. Thus, entertainment lawyers usually develop expertise in one or more legal areas, such as copyright, contracts, trademark, labor, worker's compensation, tax, business organizations, bankruptcy, family, immigration, or criminal law.
There are five branches of the entertainment industry, each involving production of projects intended for initial distribution and release in that branch: music, theater, movies, television, and print publishing (books, magazines, and newspapers). There are also five broad areas of concern common to all of these branches: credit; artistic control; grant of rights; representations, warranties and indemnities; and compensation. Potential clients in an entertainment law practice include multinational corporations (i.e. internet providers, motion picture studios, radio stations); unions (i.e. Screen Actors Guild, The Authors Guild, Writers Guild of America); individuals (i.e. actors, agents, artists, directors, songwriters); and miscellaneous clients (i.e. internet providers, restaurant and retail outlets, theme parks).
Music: Attorneys that practice law in the music business do so as members of a law firm that has been retained by a record company to handle the legal business that the in-house legal staff cannot handle. Although most major record companies use in-house counsel exclusively for signing artists and making standard deals, record companies usually retain outside counsel for corporate, tax, and litigation problems. Firms are also retained to handle mergers and complex affiliation deals.
Theater: Theaters have required the special services of entertainment lawyers familiar with the unique problems involved in staging a theatrical performance. These problems include securing the rights to perform a play; and negotiating contracts with the investors, producers, writers, directors, actors, and set designers. Lawyers also play an important role in negotiating rights to music, venue rental, and insurance.
Movies: Motion picture studios have in-house counsel to handle the day to day legal work of property acquisition, story and music copyrights, talent negotiations, guild agreement compliance with actors, extras, and directors, licensing, and distribution. Outside counsel is usually retained for litigation and complex business transactions.
Television: An attorney involved in television must be familiar with securing rights to scripts, hiring the producers, directors, actors, camera and lighting technicians, and all the other people who contribute to the on-air product. Television work also requires negotiating the rights to music, syndicating popular programs, securing movie and theatrical rights for special presentation, negotiating advertising contracts, labor union agreements, copyrights, and advertising the news staff on sensitive issues.
Print Publishing: Print publishing involves projects that are initially distributed to the public in printed form, as newspaper or magazine articles or as hardcover or softcover books. Attorneys in this area of entertainment law have to have a vast knowledge of contract negotiations and copyright law. For example, the contract between authors and book publishers is the agreement by which an author grants a publisher the right to print, publish, and sell the author's book. In most instances, this is the only document that the parties will sign, and it will govern their entire relationship. Moreover, even if the author retains an agent to find a publisher, negotiate a deal and dispose of reserved rights, the agency clause in the publishing agreement may be the only binding description of the author/agent relationship.
For those with an interest in entertainment law, it is recommended that you gain admittance to either New York of California's state bars since New York City and Los Angeles serve as headquarters for the industry. Lawyers interested in developing an entertainment law practice in a city outside of the two entertainment hubs should approach it with patience. An entertainment practice develops with time after a lot of hard work at both refining the lawyer's skills and developing industry contacts.
Entertainment is a relationship business. Success in the entertainment field is all about "who you know". Networking in order to establish industry contacts is highly beneficial. Word-of-mouth in the industry is probably the primary source of job information. It is possible to develop connections through bar association participation and community activities. Attendance at industry-related continuing education programs can introduce you to the right people. Social contacts established at bar-related activities let you know about local activities where you can continue to meet the industry people who can help your career.
What is Sports Law? (by Sonya Crosswell Penn Law '02)
The traditional view holds that there is no area of study that can be specifically referred to as "sports law." There is no area of law that is unique to sports alone. What we normally mean when we say "sports law" is sports and the law that impacts that industry. Contract law is an identifiable area of law that has a significant impact on the sports industry.
Contract law principles retain their importance with respect to the interpretation and application of the terms of Collective Bargaining Agreements (CBAs). We read about athletes and contract disputes on a daily basis. In addition, contract principles remain relevant with respect to terms of player/team contracts that are open to individualized negotiation, notwithstanding uniform player contracts in the major team sports. Beyond player/team agreements, principles of contract law are relevant to the creation, formation and enforcement of a wide variety of agreements that are struck in the sports world. These include endorsement contracts, coach/team contracts, arena lease agreements, and student-athlete/university scholarship agreements and letters of intent.
Labor law is another readily identifiable area as well, particularly with the labor strife in sports these days. With the exception of soccer, players in all of the major team sports in the United States are represented by labor unions. Because of this, labor law and antitrust law have emerged to impact significantly the law that governs teams sports in the United States.
Antitrust law has had a severe impact on the structure of relationships in professional sports. Notwithstanding baseball, which was deemed exempt from antitrust laws, antitrust laws applied to give team owners less leverage in their relationships with players. Tort law is another identifiable area of sports law. Due to the unique characteristics of sports, tort law is applicable to impart liability on athletes for on-the field conduct. Specifically, negligence and battery suits against the parties involved.
Tax law also plays a significant role in sports law. Because there are significant revenues and salaries in sports, tax law is also an important component of a sports law practice. There are at least three areas in which taxation issues have or will be raised: 1) player's compensation; 2) tax status of teams and 3) college revenues.
Statutory law, which includes federal legislation such as the Americans with Disabilities Act (ADA), Title IX and Title VI, also play a major role in sports law. Constitutional law is also important when referring to the legality of mandatory drug testing of athletes. Constitutional law doctrines have also been invoked to challenge NCAA eligibility rules and assertions that due process protections have not been afforded to athletes. Other areas of law that are not as easily identifiable include issues related to stadium and arena construction, enterprise governance, and even estate and taxation issues.
Attorneys and agents who represent athletes are called upon to render a myriad of services for their clients. It is a misconceived perception to equate the practice of sports law with the representation of players in their contract negotiations. Given the vast areas of substantive law that are incorporated into sports law, attorneys are seen as "general practitioners" given the ultimate array of subjects that she/he must master. A sports lawyer may serve a transactional function, a litigation function, or both.
Apart from negotiating contracts with individual players, the lawyer who acts as counsel for a team or league will need to negotiate contracts with employees, including coaches and administrative staff. The attorney who acts in this capacity may serve multiple other functions, including negotiating lease agreements relating to sports venues and construction related contracts; negotiating endorsement contracts with sports merchandisers; negotiating television and radio contracts; supervising labor, tort, antitrust, breach of contract and other types of litigation; interpreting and applying collective bargaining agreements; managing player grievances relating to collective bargaining agreements; and, representing teams in legal matters involving leagues and vice-versa.
Attorneys representing educational institutions will be called upon to represent their clients in broad and varied ways, including representing colleges and universities in negotiating and enforcing employment contracts with coaches, athletic directors and other athletic related administrators and personnel; representing colleges and universities in lawsuits addressing such matters as compliance with NCAA rules and regulations and Title IX compliance; representing a university with respect to facility agreements and negotiating marketing related contracts; developing, protecting and enforcing intellectual property rights; acting as a compliance officer within a university's athletic department; representing secondary school districts in litigation related matters such as those involving tort liability, Title IX, and the American with Disabilities Act; and, developing and providing risk management advice to school districts.
The attorney who represents a sports facility may be called upon to perform a range of services, including negotiating and monitoring contracts with teams, concessionaires, governmental authorities and contractors; and representing or supervising outside counsel in litigation relating to matters such as tort liability stemming from injury to spectators, ADA disputes and breach of contract.
Sports lawyers offer other services, including representing athletes engaged in individual sports; representing promoters of various types of sports related events such as boxing, tennis and golf tournaments and college football bowl games; representing national and international federations and other bodies that govern sports, such as the PGA, and the International or US Olympic Committees; and representing media interests (for example, television and radio networks, sports journalists and broadcasters, as well as their employers) and organizations that seek commercial endorsements from sports figures.
Prospective sports lawyers may pursue one of several career paths. One route is to be hired by a law firm frequently involved with sports law. Another path is to be engaged by a player-agent firm, or by an individual agent, whether the agent is a lawyer or nonlawyer. The office of the university's general counsel, the union's office, the team's office and the league and commissioner's offices, are other possible sources of employment.
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