Post a CommentWhat Area of Law Interests You Most? 6/25/2008 During your summer employment you may be exposed to several different practice areas. Are any of them especially appropriate for you? To help you decide, here’s a brief overview of five different practice areas: corporate, securities, patents, labor & employment and insurance.
You can get more detail on these and other practice areas right here at the Hub, in the top navigation bar, click Building Your Skills and then Practice Area Skills.
Corporate
Corporate law deals with various aspects of the development, management, change, growth, and death of business entities. Types of entities corporate attorneys frequently deal with are:
Typical activities for corporate attorneys include:
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Structuring deals like mergers and acquisitions or asset and stock purchases
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Organizing and choosing the types of business entities that will be most beneficial to their clients
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Counseling upper management on corporate governance issues, including shareholder rights, director and officer responsibilities and liabilities, etc.
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Helping the entities gain financing through loan transactions to resolve business and corporate legal issues
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Resolving business and corporate legal issues involving things like tax consequences of a transaction or qualifying to do business in other states
Corporate law involves many state law issues and local rules and regulations applicable to running ongoing businesses. Keep in mind that more than 50 percent of all Fortune 500 and NYSE-listed companies are incorporated in Delaware and therefore governed by the laws of Delaware. As a result, Delaware law is almost more “national” corporate law than state law.
Securities
Technically, securities are defined as evidences of debts or property—i.e., intangible obligations to pay money or rights to participate in the earnings and distributions of corporations, trusts, and other property. Stocks, bonds, notes, convertible securities, warrants, and other documents that represent a share in a company or a debt owed by a company are examples of securities. Companies sell these different types of securities to raise capital for their businesses.
Typical activities for securities attorneys include:
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Documenting or drafting deal-related materials, offering memos, outlining and reviewing a company’s disclosure requirements, preparing and reviewing SEC filings, and counseling a corporation or its directors on financing, raising capital and structuring a transaction—all in the context of rules and regulations promulgated by the Securities and Exchange Commission (SEC) to regulate the offering and selling of securities to the public (this always involves federal securities laws under the 1933 or 1934 Acts and sometimes involves state securities laws known as “blue sky” requirements)
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Working with the registration of securities that are to be sold to the public and the regulation of the trading of outstanding or “listed” securities, such as securities traded on stock exchanges and the over-the-counter market
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Establishing reporting requirements of securities issuers and rules governing proxy solicitations and tender offers
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Establishing the authority of the SEC
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Working with certain anti-fraud provisions
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Writing primarily to protect investors and ensure complete disclosure of accurate information about:
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The underlying company
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The type of investment they are purchasing
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The value of the stock, whether purchased through an initial public offering, a stock exchange, or the over-the-counter market
Patents
Patent law is a part of intellectual property law. It gives the owner of an invention the right to exclude others from making, using, or selling the invention for a given period of time. Patent law is an area of exclusive federal jurisdiction (i.e., is governed strictly by federal law).
A patent is a grant of right from the government and for which the government gives the inventor (i.e., patent owner) a “monopoly” in connection with the invention for (generally) 20 years. The benefits of the patent process are that it increases the collective knowledge of the public and encourages investment in innovation.
There are three types of patents:
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Utility—issued for a new, useful and non-obvious machine, manufacture, composition of matter, or process
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Plant—granted under the Plant Patent Act (enacted in 1930) to a person(s) who discovers and asexually reproduces new varieties of plants that are distinct and meet the other requirements of patentability, e.g., non-obviousness (a species of bacteria does not constitute a plant within the meaning of this statute)
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Design—granted on new, original, non-obvious, and ornamental designs for articles of manufacture
Typical activities for patent attorneys include:
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Patent prosecution—the procedure of getting a patent application approved
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Patent litigation—the procedure of appealing the denial of a patent application by the U.S. Patent and Trademark Office (PTO)
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Patent infringement litigation—the legal process through which a patent owner can protect his/her rights under the patent against infringement by another
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Licensing—the process through which the owner of a patent allows another to use the patent in exchange for specified consideration (e.g., money)
To become a patent attorney, you must be admitted to the bar in a state or territory of the U.S., pass the USPTO registration exam and demonstrate proficiency in a scientific field (usually via a degree).
Labor & Employment
Labor & employment law consists of:
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Labor law, which relates to union activities dealing with unionized workplaces and employee representation
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Employment law, which involves the rights of individual employees, as opposed to unions. Labor & employment law attorneys are litigators who represent their clients before administrative agencies or in court, argue the merits of their clients’ positions, negotiate collective bargaining contracts, participate in grievance arbitrations, and serve as counselors to their clients when it comes to employment issues
Typical activities for labor & employment attorneys include:
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Keeping up with the latest developments in labor law
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Advising human resources professionals on legal aspects of employment matters—recruiting, hiring and training
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Overseeing all labor matters, including downsizing, unfair labor practices, strikes, collective bargaining, etc.
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Advising on OSHA worker’s compensation, as well as Sarbanes Oxley and immigration matters
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Advising on family medical leave, as well as wage & hour discrimination, the Americans With Disabilities Act and equal pay act issues
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Managing outside counsel for contract development and litigation
Insurance
Insurance coverage actions can involve complex issues, including disputes between insurers related to matters such as primary/excess coverage or reinsurance. Insurance coverage cases tend to focus on the language of the policy and the case law analyzing the policy language.
Insurance law has three areas of focus:
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Coverage generally involves an insurer and the insured. The insured is seeking to recover under a policy of insurance, and the central legal question is whether the insured’s policy covers the loss or liability.
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Defense refers to situations where an insurer hires counsel to defend its insured against an action brought by a third party—typically an action alleging that the insured has caused the third party to suffer bodily injury or property damage.
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Compliance involves the 50–state regulation of the business of insurance, from rates to advertising/solicitation to licensing of adjusters.
Typical activities for insurance attorneys include:
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Making rapid coverage determinations that result in the right decision faster for the policyholder and the insurance company
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Finding court interpretations of specific clauses and terms in policies, and checking policy interpretations by experts
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Understanding liability exposure of policyholder and damaged potential for a company
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Researching benchmarks for damage issues and assessing conflict issues with outside counsel
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Isolating and acting on compliance issues quickly to make changes and avoid fines
Checking statutes, insurance regulations, bulletins, and attorney general opinions across all jurisdictions, and investigating compliance questions from regulators when no regulation is directly on point Return to Career GuidanceBack to top
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