Features
New Capabilities Allow More TAR Use In e-Discovery Tasks
Recent advances in technology assisted review (what I call "TAR 2.0") include the ability to deal with low richness, rolling collections, and flexible inputs in addition to vast improvements in speed. These improvements now allow TAR to be used effectively in many more discovery workflows than its traditional "TAR 1.0" use in classifying large numbers of documents for production.
Features
Immigration Compliance
With the dire and obvious need for immigration reform and the equally obvious slow move toward adopting a comprehensive solution, some companies choose to put immigration compliance on the back burner. Bad idea.
Features
Prior Documents May Affect a New Lease
Always check to make sure prior documents signed by your client do not affect the new lease you are about to finalize. An attorney who fails to heed this warning may be unintentionally ignoring restrictions or prohibitions contained in these prior agreements and expose his/her client to unnecessary litigation by parties seeking to enforce such contracts.
Ethics of Settlement: Restricting Plaintiff's Counsel from Representing Future Claimants
Rules of professional conduct of all 50 states include an express prohibition against a lawyer participating in making ' or even offering ' an agreement in which restriction on a lawyer's right to practice law is part of the settlement of a client controversy. A look at a hypothetical case.
Columns & Departments
Med Mal News
Discussion of two major cases.
Features
Second Circuit Limits Abuse of Conservation Easements
Conservation easements provide an attractive mechanism for preserving open spaces and historic buildings. Although some landowners undoubtedly create conservation easements out of pure altruism, tax advantages play a significant role in the creation of most conservation easements. .
Features
Adopting Information Governance in Small and Midsized Firms
The law firm records management industry has been evolving to an information governance framework. The records function within the firm has traditionally been more of a back-end function, with the idea that everything was created in paper, made into an official record, indexed and hopefully regulated by retention schedules.
Features
Divorce in the Red Zone
In cases involving divorce financial planners, red zones are legal and financial coordination points between the attorney and the planner ' the latter bringing a broad financial perspective to the case that compliments the attorney's legal perspective.
Features
Analyzing Child Custody Reports
This is the third installment of a four-part series offering a model for attorneys to use when faced with the task of analyzing a custody assessment.
Features
Is It a 'Cyberattack' or a 'Data-Breach Incident'?
This article goes beyond the nuts and bolts of how to respond to a data-breach incident, and offers some lessons learned from the frontlines of the cybersecurity war to help companies successfully navigate the legal and public-relations minefield that ensues.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Read This Before You Set Your 2018 Billing RatesSetting the next year's billing rates follows a simple formula at most firms: last year's rate plus a common percentage increase across all lawyer cohorts. A more disaggregated approach is needed -- firms should set higher percentage increases for senior lawyers and lower increases for junior lawyers.Read More ›
