Schnader Harrison

Inside Straight: How Do You Displace A Competent Incumbent?

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I gave my “book talk” about The Curmudgeon’s Guide to Practicing Law at Schnader Harrison’s annual retreat last Saturday and then had the opportunity to moderate a panel of six (counting me) in-house lawyers. Three of the gang were from QVC, one from Endo Pharmaceuticals, and one from the Graham Company. Being a rabble-rouser at heart, I started the discussion by posing the question that I often considered during my time as an outside lawyer: How can a law firm that wants new business displace a competent incumbent firm?

My co-panelists were quite good, but I must say that their natural instinct when confronted with this question was to evade. Each panelist started by saying something that was not quite responsive to the question. Only after some follow-up questions did our panel finally tell the audience how to displace a competent incumbent.

Let me start with the evasions, saving the real answers for the end . . .

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Virginia Judge Orders Predictive Coding, Despite Plaintiff Objections. Is This the Start of a New Era?

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Despite all the brouhaha surrounding Magistrate Judge Andrew Peck‘s recent predictive coding ruling, the gates on the cutting-edge electronic discovery technology appear to be opening. Not the flood gates, but the kind of gates big enough to let deer into your back yard.

We have another case this week, from a small county court in Virginia, where a judge has ordered predictive coding despite the plaintiff’s objections. Keep reading to hear about the latest technology-assisted review in litigation.

UPDATE (4:00PM 4/26/12): We’ve obtained the plaintiffs’ motion, as well as the defense’s response. You can see them below…

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Law & Reorder: An Interview with Deborah Epstein Henry

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Today is the official release date of Law & Reorder, a new book by Deborah Epstein Henry, a leading consultant to the legal profession. Henry, whom we’ve interviewed and written about before, is an expert on such topics as workplace restructuring, talent management, work/life balance, and the retention and promotion of lawyers — all topics that are covered in her book.

We chatted with Henry on Friday over the phone, about the changes taking place in the legal profession, whether they’re good news or bad news, and how law students and lawyers can navigate in this new environment….

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