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When Discovery Clashes with Privacy Law
No matter the industry or market sector, increasingly robust data-analytic platforms offer business decision-makers new, quantifiable insights into the factors that motivate customers and consumers. At the same time, however, concerns about data misuse have led to a complex set of laws and regulations that impose limits on how businesses treat certain kinds of personal information, known as personally identifiable information (PII).
Businesses that want to use data analytics and comply with those privacy rules have an additional burden when the data in question become or could become part of discoverable information in litigation. Then, businesses must make choices about how to handle PII data, which of it to produce and the justifications to support those decisions. Balancing these data-driven issues requires an understanding of the ever evolving landscape of each competing concern.
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.