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Typically, the production of data in litigation involves a series of disconnected actions involving several corporate or cloud-based systems. These disassociated e-discovery activities ' identify, preserve, collect, and track (IPCT) ' are then feed into a downstream set of processing, review, and production (PRP) steps often hosted outside the corporate firewall. Fortunately, technology advances are helping counsel and client alike to integrate systems and streamline processes both inside and across the firewall.
Columns & Departments
Rare Franchisee Judicial Victory Sets Dangerous Precedent for Franchisors
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It is a basic tenet of professional responsibility that lawyers obtain sufficient proficiency to ensure competent representation of their clients. The challenge in today's world of Big Data and corporate globalization and outsourcing of IT infrastructure is that the level of technological proficiency required is not always clear. Understanding your obligations and establishing defensible processes will be necessary to fully demonstrate competence in discovery should an issue arise.
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For the past few years, considerable public discussion about the need for law firms to address information security, or InfoSec, issues with their clients. InfoSec can hardly qualify as the next big thing. However, the Sony story has brought the issue front and center and, as we get further into 2015, we can be sure that the issue will only grow.
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Part One of this article analyzed what recent court and NLRB decisions are saying about the franchisor/franchisee employment question. The discussion continues herein.
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On Dec. 19, 2014, the President signed into law the long-awaited year-end tax package, the Tax Increase Prevention Act of 2014 (TIPA). This law extended to the end of 2014 many but not all of the individual, business, and energy provisions that expired at the end of 2013. In addition, the law provides for a new tax-advantaged savings program to aide in meeting the financial needs of disabled individuals, called the " Achieving a Better Life Experience" (ABLE) program.
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The explosion of social media in recent years has dramatically impacted the manner in which individuals and businesses interact with one another. Social media gives businesses endless opportunity to increase brand awareness and expand audience reach. However, social media also presents myriad legal issues, particularly with respect to brand management.
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As pressure on pricing continues, Big Law firms are buying (or building) analytics technology and hiring pricing specialists ' people who use market data, internal firm data and economics/pricing experience to ensure that firms are smart about bidding on work. The mission: Educate clients about the value the firm brings, while making sure to charge enough to make a profit.
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The franchise agreement almost always contains a clause specifying that the franchisee is an independent contractor and that the franchisor and franchisee are not intending to create an employment relationship. But a number of recent decisions from around the country have raised the question: Is a franchisee really an employee of the franchisor, despite the written disclaimer in the franchise agreement?
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Regulatory and business pressures have upped the ante for data management, and information governance (IG) has emerged as the new buzzword for meeting and beating these stakes. IG is a new way of looking at information management that combines the best of what's come before with new perspectives and approaches to keeping information secure, accessible and available.