Evaluating e-Discovery Solutions to Reduce Cost and Risk, and Comply with the FRCP
April 29, 2008
More than 40 sanctions cases ' resulting in millions of dollars in fines ' have been decided in one year since revisions to the Federal Rules of Civil Procedure ('FRCP') took effect. In contrast, only two have been recorded under the Sarbanes-Oxley Act since it was put into place in 2002. The 2006 changes to the FRCP specifically require that companies ensure all potentially relevant electronically stored information ('ESI') associated with litigation is preserved and protected, with a subset ultimately produced when required. While on the surface this may sound simple, those in the trenches on both sides ' legal and IT ' have war stories to tell of hard lessons learned. Organizations that do not take a comprehensive approach to managing ESI for discovery may fall prey to fines, sanctions and worse.
The Broken Covenant: 'Partners for Life'?
March 28, 2008
For today's young lawyers, that notion belongs to a different era, one that seems as far away as the New Deal and Tammany Hall. But it really wasn't all that long ago that this concept was the anchor of law firm life, a covenant that provided stability and security for the firm's members.
Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm?
March 28, 2008
You might not have followed, or might not even be aware of, a suit by former Sullivan & Cromwell associate Aaron Charney against his firm, and the firm's subsequent suit against Charney. Gossip aside, the case, which settled on Oct. 25, 2007, should be noted by law firms, if for no other reason, than to learn how not to handle discrimination and retaliation complaints.
With Succession Planning, Inertia Is Not an Option
March 27, 2008
Turning over the reins of a law firm is an art form. A well-staged plan that allows for a seamless transition from current leaders to the next generation — in both client relationships and management responsibilities — is crucial to the health and longevity of your partnership.
Think You Know What Constitutes Good Cause?
March 27, 2008
Many employers believe that since they make the first call as to whether cause exists, that is the final call. However, as demonstrated by the jury verdict in a recent Maryland trial, it is the jury, not the employer, that gets to make the final call as to whether cause exists. <i>Kinsbourne, et al. v. 180's LLC.</i>
DOL's New Proposed FMLA Regulations: They Help Employers, But Is It Enough?
March 27, 2008
Since the Department of Labor's regulations implementing the Family and Medical Leave Act of 1993 were first issued in 1995, they have caused a degree of consternation for employers navigating some of their more confusing aspects, and grappling with employee abuse. In an effort to add clarity, the DOL published new proposed changes to the regulations on Feb. 11, 2008. The proposed regulations clarify some uncertainties, but many remain.
How to Prepare for a Live Presentation
March 27, 2008
Delivering a live presentation with impact demands a particular type of preparation, whether you are addressing a room of hundreds or a client's small executive team. This article provides advice on how to craft such presentations.
Bringing Lateral Attorneys on Board: A Blueprint for Success
March 27, 2008
The lateral movement of attorneys between firms requires a well-defined and well-executed management program in order to maximize the benefits of the move to both sides. This article sets forth the key elements, all of which must be addressed in order to maximize the investment a law firm makes in the lateral and in order to achieve career satisfaction and retention of lateral attorneys.
