Features

Data Mapping: Leave No Data Behind
Why Data Mapping Is a Critical Exercise for Corporate Legal Departments Data mapping is the process of figuring out what information a company gathers, where it is kept and how it moves across the company. This article examines the importance of data mapping for corporate legal departments and how it fits into a larger strategy.
Features

Protect Your Firm from the Coming Cyber Storm
The rise of security breaches has us all acutely aware of the importance of keeping firm and client information as safe as possible. Law firms of all sizes continue to be hot targets for cybercriminals looking for sensitive financial, personal and business data about clients and cases. Experts predict that 2023 will see more cybersecurity threats than ever before.
Features

How Companies Can Benefit from 3D Printing
3D printing, or additive manufacturing, is raising the bar for companies across a variety of industries in terms of convenience, capabilities, and lowering cost. To maintain a competitive edge, companies must keep pace with the developments occurring within their respective fields and should consider pursuing patent protection when appropriate to capitalize upon their own innovative contributions.
Features

Legal Tech: 10 Things I Hate About Your QC Plan
It is essential to have a quality control plan to ensure the accuracy and completeness of your review are consistent with the certification requirements of Rule 26(g) of the FRCP. To help make this process smoother, we've compiled a list of 10 common mistakes in poorly designed QC plans along with practical tips for developing your QC plan so you can avoid these pitfalls.
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Legal Tech: EDRM Is Getting a Facelift: Version 2.0 Is Coming
With proliferating data sources from collaboration apps, cloud technology and innovations like generative AI, along with evolving international data transfer regimes, e-discovery is in a rapid evolution. And the EDRM model is currently in the process of being updated to reflect that.
Columns & Departments
Podcast: Crypto's Down, But It's Far From Dead
Listen in on a post-webinar chat on "The Crypto Landscape: Post-FTX," with Blockchain Legal LLP partner Aaron Krowne and counsel Ali Derie, along with veteran entertainment industry lawyer Eric S. Goldman, about cryptocurrency's rocky recent past (and present) as well as its still-promising, if uncertain, future.
Features

Help! My Clients Want My Firm to Start Using ChatGPT!
Part One of a Two-Part Article Corporate legal departments are increasingly receiving requests from business clients to use ChatGPT or similar AI-powered tools in their operations. These requests can be urgent, with business clients demanding enablement from legal. This article is in two parts: Part One briefly details what "generative AI" tools like ChatGPT are and provides an overview of key legal considerations, including by looking forward to upcoming AI-specific legislation in the EU and the U.S.
Features

Yes, You Are My Data's Keeper
Federal Court Decision Among the First to Allow a Data Breach Liability Claim to Proceed Under Common Law Bailment Theory Data breach lawsuits have often struggled to match up the unique realities of data breaches with traditional theories of legal liability. A recent decision from the Southern District of Indiana, however, cut through these issues by allowing a class action claim to proceed on a theory of liability often proposed by commentators as a solution to the data breach liability conundrum but until recently almost uniformly rejected by courts: the common law theory of bailment.
Features

AI Regulation in the U.S.: What's Coming, and What Companies Need to Do In 2023
Part Two of a Two-Part Article In Part One, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two, continues the discussion on potential federal AI regulation and what companies can do to prepare.
Features

Legal Operations Success In 2023
Strategies for Navigating an Uncertain Economy, Leveraging CLM Technology to Streamline Processes, and Embracing Change During a recent discussion with a select group of leaders in legal operations in highly-regulated organizations, several key themes emerged that are likely to drive new initiatives in 2023.
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- 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 ›
- 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 ›
- 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›