LJN Newsletters

When talking about the Internet, we are usually confronted with a good news/bad news situation. The good news is that the volume of information readily accessible via the Internet continues to grow exponentially. The bad news is that the overwhelming volume of Internet sources and content makes finding relevant information inefficient and often frustrating. The challenge is to find the proverbial needles in this ever-expanding haystack, which some sources say is expanding by 20 million pages per day.

In my more than 20 years as a librarian, I've seen many changes in formats and methods of delivery of publications; paper, microforms, and CD-ROMS. The Internet, of course, has become the medium of choice for many publishers and organizations, replacing paper with digital delivery of daily news and newsletters. But just like their paper relatives, it takes time to slog through a bunch of Web pages and e-mails each morning ' and time is generally at a premium for most of us. How do you make this task easier?

Law firms are starting to spend on technology again, focusing on projects that will help the enterprise run more smoothly and efficiently. Not that many years ago, before the economic downturn, firms were toying with Web-based systems to manage client relationships and other newfangled ideas. In the lean years, those projects fell by the wayside, and firms show no signs of reviving them anytime soon.
The central theme of the ninth annual survey conducted by Legal Tech's sibling publication AmLaw Tech, is simple: Firms are making roof repairs rather than remodeling the kitchen.

The U.S. Supreme Court has long recognized that forum selection clauses are enforceable. These clauses have become "boilerplate" in all types of commercial contracts, since today's business reality requires that companies transact business with each other in multiple legal jurisdictions. Of course, once a dispute does arise, the selected forum is often more convenient and desirable for one party than the other. So the case law is replete with decisions on whether and to what extent these clauses are enforceable.
So how do you make your forum selection stick?

In my experience with complex business litigation, I have seen my clients make some brilliant business litigation decisions, and I have seen some less than brilliant decisions. Some are critical and can spell the difference between success and failure.
In particular, I have repeatedly seen the same five business litigation mistakes

Attorney-client privilege should technically apply equally to in-house and outside counsel. However, it has been narrowed in the context of in-house counsel, partly due to the fear that mere participation of in-house counsel will be used to seal off disclosure of information about the basis for business transactions simply by funneling their communications through an attorney.
Determining when the attorney-client privilege applies to in-house counsel is a fact-specific analysis complicated by different roles that in-house counsel play.

In 1998, the Supreme Court reminded employers that "an ounce of prevention is worth a pound of cure." Today, as a result of Faragher v. City of Boca Raton, Burlington Indus. v. Ellerth, and the many cases that followed, in-house counsel are responsible for ensuring that their companies avoid harassment and, if it unfortunately occurs, what steps can be taken to preserve the Faragher/Ellerth affirmative defense.
Every in-house counsel should adopt these nine steps to prevent and defend against a harassment claim.

Recent rulings of importance to you and your practice.