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Professional Development: Training the New Crop of Incoming Associates

September 01, 2021

Young lawyers do not learn to practice law in school. They are missing practical application of the law. This must be taught by senior lawyers. The following is a step-by-step guide for attorneys who finds themselves responsible for training new lawyers.

Stakeholders: How to See Things from the Client's Perspective

September 01, 2021

Without hearing the Voice of the Customer (or Client), we risk missing the mark in our strategy, messaging and positioning, as well as delivery of work, product and service, operations, technology, staffing and so forth — in short, we potentially miss on everything.

USPTO Looking to Beef Up Its Own Trademark Protection

September 01, 2021

The agency announced that the Department of Commerce has applied to register the USPTO's marks in a bid to crack down on scammers who are impersonating the agency.

Voice of the Client: Stakeholders: How to Hear the Voices of the Clients and See Things from their Perspective

September 01, 2021

Without the Voice of the Customer (or Client), we risk missing the mark in our strategy, messaging, and positioning, as well as delivery of work, product and service, operations, technology, staffing, and so forth — in short, we potentially miss on everything.

Tightening Antitrust Enforcement Could Be Boon for E-Discovery

September 01, 2021

U.S. antitrust enforcement is tightening, and e-discovery practitioners and vendors in the M&A market are expecting an uptick in work. But the influx of complex discovery may drain resources for other corporate e-discovery matters.

The Queen's Gambit: Vetting Costs and Other Factors In Hiring a Tech Vendor

September 01, 2021

There are numerous "gameplays" to reduce risks when selecting and hiring a technology vendor. With each mitigating factor you incorporate into your contracting playbook, prepare to incur additional costs.

The Not-Doing List: Focusing Your Strategic Marketing Plan

September 01, 2021

Effective marketing and business development is all about getting your at-bats. A desire for a perfect solution oftentimes impedes our ability to participate in efforts that are good enough.

Key Issues In Cyber Insurance Policies

August 01, 2021

The surge in ransomware attacks has made familiarity with the provisions of cyber insurance essential for professionals in the entertainment industry, which is among prime targets of ransomware operatives.

Beyond Se Habla Español: Changing How Attorneys Market to the Growing Hispanic Population

August 01, 2021

Law firms frequently lack the appropriate marketing strategies to engage the growing U.S. Hispanic population. The lack of a cohesive strategy poses a risk to a law firm's current and future growth potential. This article explores practical insights for law firms that want to serve this rapidly expanding market.

The Future of Litigation Workflow: Reimagining Technology and Process in the Next Decade

August 01, 2021

Hear what a cross-section of law firm leaders say about how the pandemic has impacted litigation in the short- and long-term.

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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.
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Law Firm Management
The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel Management
Legal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This 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.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The 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.
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Artificial Intelligence
When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value Paradox
The Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.
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