E-Discovery

At this point, the lengths companies go to in order to protect data, keep it secure, and prepare for e-discovery is old news. Data breaches — and the news coverage that usually follows — have frightened many companies into at least attempting to ratchet up data security policies. Likewise with retention practices. There have been enough e-discovery horror stories that most companies, and especially their lawyers, know they need to start prioritizing this stuff.

Strangely though, you don’t often hear much about data security within corporate boards. But it turns out that the boards of many multinational corporations with hundreds of millions of dollars in revenue are way, way behind the curve on data security.

Company boards are doing everything from printing out physical copies of thousands of pages of sensitive material, to sending unencrypted information to personal e-mail accounts, unsecured iPhones, and home computers. The Thomson Reuters report, released Wednesday, gives a harrowing account of disasters waiting to happen….

double red triangle arrows Continue reading “Many Corporate Boards Are Pretty Much Waiting to Get Hacked, Report Says”

The information age we live in can be a blessing and a curse. Few fields demonstrate this truth more persuasively than the realm of electronic discovery.

During a panel here at the Legal Technology Leadership Summit on the theft and exfiltration of intellectual property, the panelists discussed the exponential growth in information densities, the increasing importance of IP, and the challenge that evolving technology presents to the governing legal frameworks. As one panelist noted: “Technology leaps, the law creeps.”

What does rapidly changing technology mean for the e-discovery world? And what are some considerations that in-house lawyers should keep in mind when responding to e-discovery requests?

double red triangle arrows Continue reading “Dispatch from Amelia Island: In-House Strategies for Litigation Response”

Greetings from the Ritz-Carlton in Amelia Island, Florida. It’s lovely here (despite the presence of a few love bugs). We can see the ocean, hear the tides, and smell the salt air from our oceanfront balconies.

Three members of the Above the Law team — David Lat, Elie Mystal, and Chris Danzig — are down here to cover the first annual Legal Technology Leadership Summit. The Summit — hosted by ATL, the Electronic Discovery Institute (EDI), and the American Society of Digital Forensics & eDiscovery (ASDFED) — brings together thought leaders and decision makers from throughout the legal profession, including judges, academics, and senior in-house, law firm, and governmental lawyers.

You’ll be seeing coverage of the conference in these pages over the next few days. You can also follow the proceedings in real time over Twitter, through the feeds of our three correspondents — @DavidLat, @ElieNYC, @ChrisDanzig — or by searching for tweets collected under the #LTLSummit hashtag (by our reporters and by conference attendees).

You can read more about the Summit over at the conference website. Thanks to our distinguished speakers and generous sponsors for making this event possible.


Get excited, because the Legal Technology Leadership Summit is less than one week away. It is set to take place from September 6 – 8, on Amelia Island, Florida. You can access the full agenda here if you’d like to see the interesting programs that are in store for all Summit attendees.

It is only fitting that we would honor a leader in corporate legal technology at the Summit, so we are currently accepting nominations for the first Corporate Legal Technology Leadership Award. This award recognizes the legal department and the legal technology innovator(s) that identified a problem, championed a solution, and monitored the outcome. The individual winner of the award will receive a Dell Inspiron Duo Tablet PC + Audio Dock, as well as a plaque commemorating the award.

Corporate legal departments or the representatives of the department may submit nominations. There is no fee to enter. To submit a nomination, please complete the online form available here.

A special thanks to our generous Summit Ambassadors, who are making this event possible: Applied Discovery, Autonomy, Clearwell Systems (now a part of Symantec), Datacert, Dell, Ernst & Young, Falcon Discovery, FTI Technology, Guidance Software, Mitratech, Nextpoint, Nuix, Pangea3, Planet Data, ProSearch Strategies, QuisLex, Recommind, Robert Half eDiscovery Services, TCDI, Valora Technologies, and WestlawNext.

We would also like to thank our Law Firm Sponsors: Dorsey & Whitney, Shook Hardy & Bacon, WilmerHale, and Winston & Strawn.

Click here to register for the conference. We look forward to seeing you there.

Elie wishes he had taken the nuggets.

* What can law firms learn from Folgers crystals? Maybe how to provide legal services rich enough to be served to America’s finest corporations. [What About Clients?]

* A look at what $100,000 in law school loans could have purchased instead — e.g., 505,050 chicken nuggets from Wendy’s. [Constitutional Daily]

* What kind of “reasonable accommodations” are alcoholics entitled to in the workplace? A three-martini mojito lunch sounds good to me. [Overlawyered]

* Some thoughts from Henry Blodget on Groupon and the SEC-mandated “quiet period.” Any thoughts, readers, on Blodget’s take on attorney/client privilege? [Business Insider]

* Professor Ann Althouse on the exoneration of Justice David Prosser (noted in Morning Docket): “A justice is despised because his decisions do not please liberals, and so, without thought, they forgot about things liberals like to love themselves for caring about, such as fairness and due process.” [Althouse]

Is it wrong to find Justin Bieber totally hot? Just askin'....

* E-discovery is moving to the cloud. What are the opportunities and the risks? Ben Kerschberg and Bret Laughlin discuss. [Forbes]

* Speaking of e-discovery, the DISH Network and Redgrave LLP are sponsoring an e-discovery research and writing competition, open to law students. [dishdiscovery]

* Law librarian Joe Hodnicki weighs in on the controversy over ScamProf aka Paul Campos and his controversial blog. [Law Librarian Blog]

* If you share Staci’s opinion that Justin Bieber “kind of looks like a girl,” here’s some support for your viewpoint. [Fashionista]

* The American Constitution Society is holding an online symposium in honor of the unveiling of the Martin Luther King Jr. National Memorial. [ACSblog]

When you’re in private practice, people ask you tough questions. “During the proxy fight, a trial court held that our proxy statement was false and misleading. We settled that case, so that judgment is final. We’ve now been hit with a 10b-5 shareholder suit, and the plaintiffs have filed a motion saying that the earlier proxy decision is binding on the question whether our statements were false and misleading. How do we defeat that motion?”

Then you move in-house, and the question changes: “How can we reduce the cost of electronic discovery and document review?”

Oh, how the mighty have fallen.

But, when you’re forced to think for a minute about electronic discovery and document review, you realize that the battle previously waged between law firms and third-party vendors to capture this work is now largely over: Document review, which was historically an important profit center for large law firms, has moved permanently into the hands of third-party vendors. That sea change was not prompted by the recession, and things are not going to return to the old “normal” after the economy recovers. Companies that continue to rely on law firms, rather than third-party vendors, to do large document reviews are probably making a mistake, and law firms that are counting on document review projects to resuscitate their profitability are betting on the wrong horse.

Why?

double red triangle arrows Continue reading “Inside Straight: Why Vendors Win The Document Review Work”

Get excited, because the Legal Technology Leadership Summit is less than two weeks away. It is set to take place from September 6 – 8, on Amelia Island, Florida. You can access the full agenda here if you’d like to see the interesting programs that are in store for all Summit attendees.

It is only fitting that we would honor a leader in corporate legal technology at the Summit, so we are currently accepting nominations for the first Corporate Legal Technology Leadership Award. This award recognizes the legal department and the legal technology innovator(s) that identified a problem, championed a solution, and monitored the outcome. The individual winner of the award will receive a Dell Inspiron Duo Tablet PC + Audio Dock, as well as a plaque commemorating the award.

Corporate legal departments or the representatives of the department may submit nominations. There is no fee to enter. To submit a nomination, please complete the online form available here. Nominations must be received by August 31, 2011.

A special thanks to our generous Summit Ambassadors, who are making this event possible: Applied Discovery, Autonomy, Clearwell Systems (now a part of Symantec), Datacert, Dell, Ernst & Young, Falcon Discovery, FTI Technology, Guidance Software, Mitratech, Nextpoint, Nuix, Pangea3, Planet Data, ProSearch Strategies, QuisLex, Recommind, Robert Half eDiscovery Services, TCDI, Valora Technologies, and WestlawNext.

We would also like to thank our Law Firm Sponsors: Dorsey & Whitney, Shook Hardy & Bacon, WilmerHale, and Winston & Strawn.

Click here to register for the conference. We look forward to seeing you there.

Click if you "like" this wall.

* Germany essentially outlaws the “like” button on Facebook. Really, why did we let them reunify? Did we all honestly think that was a good idea? [BuzzMachine]

* West Memphis Three could be getting out of jail. Umm… hide yo’ kids, hide yo’ wife? [WSJ Law Blog]

* Is an MBA just as bad of a bet as a JD? [Law & More]

* The hippies who don’t like genetically engineered crops need to remember that not everybody can afford to waste money on produce grown inefficiently archaically organically. [Volokh Conspiracy]

* Is that kiddie porn on your shirt or did you just buy it from Urban Outfitters? [Gawker]

* You can’t blame your e-discovery vendor when things go wrong. [Law & Technology / Forbes]

* I’m very glad that everybody is now here at the “there’s a huge problem with the market for legal education” party. Can I interest anybody in the “prospective law students are incapable of making a rational choice” punch? It’s spiked with Absolut Special Snowflake and it gives everybody the same deranged sense of self worth as new law student. [Truth on the Market]

* Of course, if you absolutely must go to law school, think outside the box and be ready to take advantage of any opportunity. You are responsible for your own career from day one. [An Associate's Mind]

The Legal Technology Leadership Summit will be taking place in three weeks, from September 6 – 8, on Amelia Island, Florida. Rooms are still available at the Ritz-Carlton, and conference attendees will be able to take advantage of our special rate at the hotel for just $199 a night. This extended offer EXPIRES TOMORROW, so take advantage of it soon.

If you’re interested in attending, check out the full agenda here, where you can see some of the conference highlights:

A special thanks to our generous Summit Ambassadors, who are making this event possible: Applied Discovery, Autonomy, Clearwell Systems (now a part of Symantec), Datacert, Dell, Ernst & Young, Falcon Discovery, FTI Technology, Guidance Software, Mitratech, Nextpoint, Nuix, Pangea3, Planet Data, ProSearch Strategies, QuisLex, Recommind, Robert Half eDiscovery Services, TCDI, Valora Technologies, and WestlawNext.

We would also like to thank our Law Firm Sponsors: Dorsey & Whitney, Shook Hardy & Bacon, WilmerHale, and Winston & Strawn.

Click here to register for the conference. We look forward to seeing you there.

UPDATE (7 PM): We have just received approval for Texas CLE credit. So for those of you keeping track, the Legal Technology Leadership Summit now offers CLE for Alabama, California, Illinois, New York, North Carolina, South Carolina, Pennsylvania, and Texas.

Tyler Clementi and Dharun Ravi: both said politically incorrect things.

* The Kardashians may be “America’s rightful overlords,” as Marin so memorably put it, but even they must respect intellectual-property laws. [Fashionista]

* Congratulations to the Best LGBT Lawyers Under 40 (class of 2011). Perhaps you know some of the inductees? [National LGBT Bar Association]

* In less cheerful LGBT news… another day, another Republican politician allegedly trolling the internet for paid male companionship. Stay classy, Phil Hinkle. [Indianapolis Star]

* Tyler Clementi joked about Dharun Ravi’s parents owning a Dunkin’ Donuts shop. [New York Magazine]

Must lobster salad contain lobster?

* So just who is behind Inside the Law School Scam? Con Daily got an interview with LawProf, and breaks down a list of schools where LawProf may be employed. [Constitutional Daily]

* The SEC is sniffing around S&P; Matt Levine explains why. [Dealbreaker]

* When it comes to taking “reasonable” steps to prevent disclosure of privileged materials, perfection is not required, according to Magistrate Judge Paul W. Grimm. [Catalyst E-Discovery Search Blog (Bob Ambrogi)]

* A popular grocery store on the Upper West Side thought that it could get away with mislabeling its lobster salad. Not so fast… where’s Kash when you need her? [New York Times]

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