Features
Six MetricsThat Matter in Evaluating e-Discovery
Analysis of the e-discovery process before it begins can make a project more efficient and cost-effective, but often, lawyers and document reviewers dive right in without a plan.
Features
Sensitive Data Loss is Not Inevitable
Global banking institutions are increasingly pressing outside law firms to demonstrate they are employing top-tier technologies to defend against cyber hackers. In some cases, firms are being asked to fill out 60-page questionnaires detailing their cybersecurity measures in minute detail, while others must consent to on-site inspections.
Features
The Ethical Duty to Be Competent in Technology and e-Discovery
Lawyers understand that they have an ethical duty to remain competent in the law and its practice. But far fewer are aware that an emerging body of legal-ethics rules and opinions say that lawyers also have a duty to be competent in relevant technology. And e-discovery, an area of law practice many lawyers still consider a niche, is quickly becoming more relevant to every type of litigation.
Features
Treatment of Social Media Accounts In Bankruptcy
In today's digital marketplace, understanding how the law applies to virtual assets is becoming as important as understanding how it applies to the brick-and-mortar world. Despite the importance of the Internet to commerce, however, it is still unclear how important provisions of bankruptcy law apply to certain virtual assets.
Features
Digital Ubiquity and the Fourth Amendment
Pick up pretty much any 21st century smart phone, tablet or PC, and in minutes, a treasure trove of information about its owner can be uncovered. Missives to a significant other, photos from summer vacation, browsing history that spans years; all of this information, generally considered of the most intimate nature, is easily accessible with even a rudimentary technical knowledge of the device's operating system. Needless to say, unwanted disclosure of such information can be highly damaging.
Features
Apple's iPhone User Interface Held Functional for Trade Dress Infringement, But Not Design Patent Purposes
In the long-running <i>Apple v. Samsung</i> dispute, the Federal Circuit has highlighted a marked difference between the effectiveness of trade dress and design patents in protecting the visual characteristics of a product, which could potentially cost Apple hundreds of millions of dollars in lost damages.
Features
Derivative Cyber Litigation
Potential liability for data breaches has emerged as a major concern for businesses in the past few years as massive cyber-attacks are increasing, with companies that use or store private customer data electronically or use social media as part of their marketing strategy being the prime targets. These data breaches have contributed to an increase in director and officer (D&O) litigation in connection with cyber incidents, and will continue to do so.
Features
Building a Vendor Management Program
For law departments, today's business environment is making it increasingly difficult to manage, control or reduce costs while being able to achieve satisfactory results. This is forcing companies to become more efficient in managing and controlling legal costs handled both internally by the organization and externally by outside counsel.
Features
Data Sharing in the Cloud
The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house. But is the attorney-client privilege at risk?
Features
Goulston & Storrs Embraces Template Management
The firm is always looking to improve service delivery, and in 2014, we were struggling with a template management solution that was falling far short of what the firm wanted. Our mission was straightforward: find a template application that the firm could manage and freely use on its own without external help and that meets the latest technology and software versions.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›