At eQ, we make sense of even the most extensive and intricate information and uncover the evidence that can make the difference between winning and losing your case. Backed by more than 25 years of legal industry experience, we combine technical knowledge with a personal and consultative approach to deliver comprehensive, end-to-end eDiscovery solutions. Find out more →

  • 27 Oct 2014 at 2:37 PM
  • Events

Above The Law Is Coming To Chicago

chicago-sales1As part of a nationwide tour, Above the Law is coming to the great city of Chicago.

Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.

Space is limited and there will be no on-site registration, so please RSVP below:

Screen Shot 2014-10-23 at 4.15.58 PMThe beginning of a new business, technology and legal inflection point is staring at us, chuckling at point blank.   The Internet of Things (IoT) has quickly ascended to be the “new frontier” for technology vendors to explore, customers to consider and the legal community to fear.

But what is the “Internet of Things” really?  Depending on who you ask, and who answers… the answer to the riddle appears to be in the shadowy area now linking the once inanimate objects with the animated… and here’s the kicker:  with no human interaction whatsoever.

IoT is a development in which everyday objects such as household appliances, light bulbs, coffee machines, automobiles, personal devices and health devices that have network connectivity, allowing them to send and receive data without the need of human interaction.

Today there are around 10 billion internet connected devices in the world. According to Morgan Stanley, by 2020, there will be 75 billion internet connected devices. This huge projected rise in IoT devices strongly suggests we are at a defining moment in technology history. IoT qualifies as a potential inflection point due to the fact that each individual’s personal digital world will be able to interact with the world in general – autonomously. This independent (machine to machine) communication capability will also generate a great deal more data subject to potential federal oversight, litigation (eDiscovery), and data breaches.

The Rise of the Machines

The rise of the IoT is bringing into focus a complicating and costly problem – eDiscovery and litigation hold. An example of the eDiscovery problem that will crop up sooner rather than later; how would you respond to a discovery request to provide data from potentially relevant corporate IoT devices such as the break room coffee maker or refrigerator, the restroom hand dryer, a company supplied FitBit fitness tracker, individual cubicle printers, and smart office light bulbs?

An issue with the above example is that most of these IoT devices won’t have adequate data storage capacity making eDiscovery of these devices especially time sensitive. Imagine trying to place a litigation hold on the log data for a specific floor section’s smart light bulbs?

The universe of potentially relevant information will increase geometrically complicating an already messy collection and review process. As plaintiff’s attorneys (and government agencies) become educated on the discovery potential for the IoT, organizations will need to proactively plan for a more demanding and invasive eDiscovery environment.

The scope of eDiscovery will have to expand. Instead of corporate legal working with just the IT department for eDiscovery planning and response, they may also have to work with facilities maintenance, property management, food service, and corporate carpool management.

The adoption of IoT poses additional questions that will eventually need to be addressed; will companies demand non-IoT devices to reduce the cost and risk during discovery? Will IoT manufacturers be forced to design IoT platforms that can automatically collect log files/data from all corporate IoT devices and secure them under a defensible litigation hold? How much additional storage will be required to store the IoT data and how long should it be retained?

The Future Begins Now

Both corporate legal departments and law firms should proactively develop an IoT expertise to stay ahead of this new eDiscovery challenge.

For those firms issuing eDiscovery requests, care should be taken to:

  • Build discovery request templates that include all potential IoT discovery targets
  • Train attorneys on the discovery implications/potential of the IoT
  • Purchase systems and expertise to analyze IoT data

For those companies and firms responding to discovery requests, care should be taken to:

  • Create a new discovery policy/plan that includes IoT considerations
  • Understand and map all IoT devices in their organization
  • Put systems in place to automatically capture data from these IoT devices
  • Adopt systems to ensure all IoT data can be quickly found and secured under a defensible litigation hold
  • Create and apply data retention policies for all IoT data
  • Purchase systems that can analyze IoT data
  • Train all affected employees on the importance of eDiscovery and the IoT

The Internet of Everything

The key to eDiscovery in the coming IoT world is to get started now. The IoT is growing quickly and is already catching many organizations unprepared. For those companies and firms that have not yet started to plan for eDiscovery in the IoT, the most effective way to quickly prepare is to partner with a discovery service provider that’s already focused on the potential issues and solutions.

OmniVere provides best-in-class electronic discovery solutions, litigation support & forensics consulting services.  OmniVere continues to lead the way in offering flexible solutions to clients throughout the EDRM lifecycle, including compliance measures and data technology consulting.  To speak to an OmniVere expert today, please click here.

Kenneth Gary is Senior Vice President and Chief Marketing & Communications Officer at OmniVere.  Prior this venture, Mr. Gary was Publisher of The National Law Journal & Legal Times.

student-loan-debtAverage law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…



Kinney Recruiting’s Evan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22.  Evan will also be in Hong Kong November 14 to December 15.  Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.

One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.

Kinney is exclusively handling this in-house search.

This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team.  The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US.  The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.

The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.

It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level.  Of course, the candidate can be currently in a relevant in-house role.

Mandarin fluency is strongly preferred.

Compensation package is at over $500,000 USD.

Please reach out to Evan Jowers at <a href=””></a> or <a href=””></a> if you are interested.

Introducing RBsourceFilings – A comprehensive SEC research and workflow tool that brings together everything you need in one search to ensure better legal practice: Laws & Regulations + SEC Guidance + SEC Filings + SEC Staff Comment Letters.

The JOBS Act created new tools for companies to publicly advertise securities deals online.   As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.

Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act.  InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online.  By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.

The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly.  This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.

However, with these new powers come new pain points.  InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including:

  • Custom, white-labeled investor portals with transaction-specific URLs
  • Offering and investor management workflows
  • Secure document sharing among third-parties
  • Integrated compliance tools including accredited verification, “bad actors” reports and AML screening

Thousands of companies are trying to raise capital through Reg D every day, many of which are pursuing the new Rule 506(c) route. InvestorID FirmTM equips your clients with better tools to interact with investors and raise capital—including through securities “crowdfunding”—which creates billable hours for your firm to manage and close deals and perform compliance tasks.  After the close, the suite of tools for ongoing reporting and investor management places your firm at the center of your clients’ investor relations efforts, which translates to ongoing, long-term engagement with the client.

Many attorneys prefer not to wrangle with certain compliance processes like verification of accredited investors, screening for “bad actors” and AML.  Rather than punt on a solution, you can use InvestorID FirmTM to outsource these compliance tasks to securities compliance firms at a fraction of the cost of legal services.

Additionally, the platform has pricing tiers that make it affordable for every size law firm, including solo practices.  The ROI for InvestorID FirmTM is less than one transaction for most practices.

Ready to get started?  Visit our site at or contact us at for a demo account today!

London’s Lavender Law


It’s the legal profession’s equivalent of a long-term relationship.

When Michelle Waites, Senior Patent Counsel for Xerox Corporation, attended The LGBT Bar’s Lavender Law conference several years ago, she wasn’t sure what to expect. She left having forged a lasting business relationship that still endures today.

It was during The LGBT Bar’s event – an annual gathering of more than 1,600 lesbian, gay, bisexual, transgender and allied legal professionals – that Waites first met Marla Butler, a partner at Robins, Kaplan, Miller & Ciresi LLP, who specializes in patent law.

Today, the two are still close friends as well as professional colleagues. Butler’s firm continues to work with Xerox – a business partnership forged via The LGBT Bar.

On November 19th, The Bar will present its first-ever conference outside the United States. Dubbed “A Lavender Law Experience for Europe,” the day-long Business Legal Conference will replicate programs such as the one that brought Waites and Butler together for legal professionals in Europe.

“We hear, every single year, about important business relationships that are forged through The LGBT Bar’s networking and educational events,” says the group’s executive director, D’Arcy Kemnitz. “For LGBT professionals, and our allies, ‘community’ is important. And for more than a quarter-century, The Bar has been the premiere place for our community to come together, network and make our professional more inclusive, more involved and more profitable. We’re excited to be exporting that experience to London for our inaugural event abroad.”

Presented in conjunction with Interlaw Diversity Forum, and hosted by JPMogran, the event includes CLE & CPD panels; a corporate counsel awards reception honoring Guardian News & Media’s Director of Editorial Services Gillian Phillips, and a career fair for both young and seasoned professionals looking for their first job – or their dream job – in the law.

The event will also honor Fiona Woolf, Lord Mayor of the City of London, for her work supporting LGBT equality.

“Our goal,” Kemnitz says, “is to bring together London’s best law firms, recruiters and corporate counsel representative for a unique, one-day expo to help attendees make the best connection with clients, the community and their careers.”

That unique experience is key, The Bar says, to forging profitable relationships like the one between Waites and Butler.

“I had never been to a conference where you would meet people from law firms you might work with,” Waites recently said. “In my company, there’s a push for having a diverse network of outside counsel, but I didn’t know of anybody among our outside counsel who was LGBT, so I wanted to go and try to meet some LGBT lawyers I could bring back to Xerox.”

Three years later, the connection endures.

“That kind of strong, business relationship is what The LGBT Bar is all about,” says Kemnitz. “And that’s exactly the value we’re bringing with us to London in November.”

For a complete line-up of events, and to register, visit

Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.

So what all are we up to this time?

Washington, D.C. — October 27: First up is our SCOTUS preview event in Washington, D.C. sponsored by eQ. with Lisa Blatt, head of the appellate and Supreme Court practice at Arnold & Porter, and Tom Goldstein, partner at Goldstein & Russell and publisher of SCOTUSblog. Come on by Monday, October 27, at 6 p.m. for food, drink and company. Sign up here to reserve your place.

Philadelphia, PA — November 5: Next up, Elie and Joe are visiting that place where it’s always sunny for an after school happy hour for law students courtesy of Kaplan Bar Review. Details are still being worked out, but expect food and drink and maybe some other goodies. Most importantly, swing by to see Elie and Joe fight about how much Chip Kelly owns the soul of the NY Giants. Check us out on Guy Fawkes Day, Wendesday, November 5. RSVP here.

Washington, D.C. — November 6: The Elie and Joe Kaplan Bar Review roadtrip continues South for a return visit to our nation’s capital for another installment in our law school trivia showdowns. As always, food and drink and prizes for first and second place. Which D.C.-area law school has the smartest students? Let us know if you’re coming.

Chicago, IL — November 20: The “New Normal” is no longer new. Join preeminent law firm management consultant Bruce MacEwen and other legal industry thought leaders for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m. for thought-provoking discussion, food, drink, and networking. Sign up here to reserve your place.

So that’s a lot of running around over the next month. Again, RSVP to the events you plan to attend and we’ll see you there!

SCOTUS 10/27
Philly Happy Hour (students) 11/5
DC Trivia (students) 11/6
(No Longer) “New Normal” 11/20

CLE and Ski!


One of the best CLE conferences we have attended over the years is the National CLE & Ski Conference, now in its 32nd year. Please join us and see for yourself! We three are your “environmental law” co-chairs.

The 2015 Conference is January 7-11, 2015 at the Vail Mountain Marriott Resort in the majestic Colorado Rockies. You can choose from 8 different programs, including Bankruptcy, Civil Litigation,  Employee Benefits, Family Law, Health Law, Intellectual Property, and Labor & Employment. Our favorite, of course, is our popular Environmental Law, Land Use, Energy and Litigation Program.

Every year, without fail, we come away with valuable insights and knowledge from colleagues, and new professional contacts, not to mention memories of world-class skiing. We enjoy hitting the slopes with attendees, friends and colleagues each day between the morning and evening CLE sessions.  

Click here for photos of networking events, and us on the Ricky’s Ridge and Blue Ox ski runs. Thanks to the discount ski lift passes and accommodations offered through the Conference, skiing what Vail (and Beaver Creek) have to offer, including Vail’s world famous back bowls, won’t hit your wallet quite as hard.

Be sure to use the promo code ABOVETHELAW when registering to receive a $25 discount!

We are particularly pleased with the agenda we put together for our program this year.   The expert faculty members are coming from  California, Colorado, Connecticut, Georgia, Maryland, Massachusetts, Vermont, Washington DC, and Washington State. They will address legal developments in air, water and wetlands law, energy and climate change, Superfund law and Brownfield sites, tax and conservation issues, land use control and development, storm water and TMDLs, condominiums and other common interest developments, health risk assessments, and much more!

See you in Vail!

Gregor I. McGregor, Esq.
McGregor & Associates PC
Boston, MA

Yvette Lowney, M.P.H., Senior Managing Scientist
Exponent, Inc.
Boulder, CO

Timothy R. Henderson, Esq.
Rich & Henderson PC
Annapolis, MD

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