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Electronic Discovery's Impact: Policies, Technology and Security
This was the decade of electronic discovery. Rapid development of technology, law and business processes, both in and out of the courtroom, brought legal and technical issues involving electronically stored information (ESI) to the fore. Although the General Counsel's office was the primary recipient of this uninvited wake-up call, legal is not the only department impacted by this change. IT departments across organizations must now understand the impact of ESI discovery obligations and regulations. Collaboration with legal is needed to create and implement new policies, while altering existing policies to keep pace with the rapidly evolving data storage and communication methods coinciding with the rising tide of ESI.
As a result of this role evolution, IT can no longer afford to lag behind legal with regard to knowledge of ESI policies and technology any more than legal can avoid assessing the impact of planned technology implementations inside the organization. A common theme that emerged from the Fourth Annual ESI Trends Report, a survey commissioned by Kroll Ontrack, was the growing gap between IT and legal's awareness of implemented company technologies, such as an archiving platform, legal hold tool and early case assessment (ECA) technology. The report also revealed a knowledge gap in terms of the existence of an ESI discovery strategy ' whether it had been tested, and how repeatable and defensible the policy appeared to be. Encouragingly, the survey revealed that legal and IT are cooperating and sharing responsibility for managing ESI for discovery requests now more than ever. [Note: The report is based on an independent survey conducted by Echo Research Inc. on behalf of Kroll Ontrack. A total of 203 online interviews were conducted among IT and in-house counsel at commercial businesses in the United States. Survey questioning was completed in June 2010.]
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.