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The landscape of corporate investigations has changed dramatically in the last year. New regulations, new market pressures, new data sources and more challenging working conditions have placed organizations under tremendous pressure. Almost overnight, with the COVID-19 pandemic, the entire investigations workflow had to shift to remote environments, with courts or regulators offering little pause for organizations to catch up to the changes. Now, with regulatory and investigations activity expected to pick up significantly in the coming year—more than two-thirds of corporations surveyed have significantly increased budget allocation for investigations work — it’s more important than ever to tighten up remote investigations methods to meet best practices.
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By Brian E. Middlebrook, Tyrik Jiang, John T. Mills and Joseph Salvo
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant’s breach of any purported duty of care, and whether the defendant’s alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is “what is the value, if any, of your injury or damages?”
By Ted Theodoropoulos
For a legal CIO, one of the key responsibilities is to establish that the organization has the right technology in place to support its operations and achieve its business goals. This can be challenging, as there are many factors to consider when choosing new technology for your organization. One bad decision can have a material impact on not only the bottom line, but on the ability of your firm to compete in an ever-changing legal market.
By Jessica Robinson and Amit Dungarani
Part One of a Two-Part Article: Challenges and solutions in document review
HSR second requests have become increasingly common in mergers or acquisitions that meet the premerger reporting threshold, which in 2022 was a transaction value of more than $101 million. The burdens of complying with second requests are onerous. The mere thought of undergoing such an exercise tends to strike fear in the heart of the legal department. In this article series, we’ll outline the major challenges of second requests, suggest strategies to overcome them, and discuss how to face a second request with equanimity and confidence.
By Alaa Pasha
Recognizing that this is a time of innovation, one way law firms can ‘prepare for a future we can’t yet see’ is through leveraging two key levers: the need for empathy and iteration.