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Analysis

Analysis

ABA Model Rule 1.6's Lessons on Maintaining Confidentiality Online

Shari Klevens and Alanna Clair, Dentons | June 18, 2018

Information that is protected as 'confidential' is generally broader than what is considered “privileged.” As confirmed by the opinion, confidential information can include the client’s identity.

Analysis

The GDPR's Idea of Consent Isn't the Same as the U.S. Legal Framework

Batya Forsyth and Everett Monroe, Hanson Bridgett | June 18, 2018

The GDPR sets a much higher standard for valid consent that makes obtaining and maintaining it from its users more difficult than the U.S. legal framework.

Analysis

On-Demand Legal Providers Want to Put State Battles Behind Them

Rhys Dipshan | June 15, 2018

After years of fighting state bar associations, on-demand legal services companies like Avvo, LegalZoom and Rocket Lawyer have shifted to evolving their businesses.

Analysis

The Benefits of Digital Transformation Through Contract Lifecycle Management

Chase Bradshaw, Concord | June 15, 2018

A simple task that takes hours can be automated to free up time to focus on delivering strategic value.

Analysis

3 Takeaways From SEC CorpFin Director's Big Crypto Speech

Ben Hancock | June 14, 2018

SEC Division of Corporate Finance Director William Hinman's remarks at the Yahoo Finance All Markets Summit offered some of the clearance indication to date of how the regulator analyzes initial coin offerings.

Analysis

The Problem with Law Schools? They Only Prepare Future Lawyers

Rhys Dipshan | June 12, 2018

Speakers at the Thomson Reuters 2018 Legal Executive Forum in New York argue that legal education has fallen behind as the legal industry has shifted to serve more operational and business needs.

Analysis

Better Safe Than Sorry: 10 Ways to Prepare for Government Investigations

Aaron Vick, Cicayda | June 12, 2018

Your response in the hours and days following an investigation inquiry strongly impacts the eventual outcome.

Analysis

Protecting Privilege Before and After a Cyber Breach

Robert W. Anderson and Eric B. Levine, Lindabury, McCormick, Estabrook & Cooper | June 11, 2018

Critical to any counsel working to prevent a cyber-attack or respond to a successful cyber intrusion is an understanding why and how to properly utilize both attorney-client and work-product privilege.

Analysis

Mobile Marketing Under the Telephone Consumer Protection Act: Do You Have the Consent You Need?

Ana Tagvoryan, Jeffrey Rosenthal and Harrison Brown, Blank Rome | June 07, 2018

Recent legal trends can help distinguish between informational and transactional text communications, and those that may cross the line into marketing and advertising.

Analysis

Rule 30(b)(6) May See First Substantive Change in Nearly 50 Years

Alvin Lee and Chad Smith | June 06, 2018

The proposed amendment is significant because it would create additional and entirely new discovery obligations on corporations who receive 30(b)(6) deposition notices.

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Analysis

Navigating Software License Disputes: 5 Steps to an Amicable Resolution

Bryan Mechell and Kris Teng, Robins Kaplan | June 06, 2018

Parties involved in negotiating and resolving license-compliance disputes can consider various strategies to help navigate the process and avoid expensive litigation.

Analysis

The Role of ‘Gamesmanship’ in E-Discovery

Ben Sexton, JND eDiscovery | June 05, 2018

Increased penalties alone do not appear to be the antidote for bad faith discovery practices, particularly when detection is so difficult. But until changes are made, a few steps can ensure the best outcome possible.

Analysis

3 Things to Know: Experts Sound Off on Smart Contracts

Ben Hancock | June 04, 2018

Highlights from the latest Legal Speak podcast on how smart contracts will change what lawyers do.

Analysis

Mandatory Arbitration Agreements May Not be Immutable in Cryptocurrency Litigation

Todd Friedman, Kenny Nachwalter; and Justin Wales, Carlton Fields | June 04, 2018

Public access prevailed in the Eleventh Circuit’s recent Leidel v. Coinbase decision, which provides insight for how aggrieved investors may be able to draft pleadings against third-party money service providers.

Analysis

Nervous System: The Small Start of Big Data

David Kalat, Berkeley Research Group | June 04, 2018

'Nervous System,' which approaches data privacy and cybersecurity issues from the context of history, tells the story of modern database systems and the evolution of storing data.

Analysis

The Future of Law: Creating Your Own Marketplace of Ideas

Frank Ramos, Clarke Silverglate | June 01, 2018

Can’t attend a major conference? Creating a forum centered around legal tech isn’t as much work as you think.

Analysis

The Future and the Promise of Smart Contracts

David Zaslowsky, Ben Allgrove and Yoon Chae, Baker McKenzie | May 31, 2018

Smart contracts may be new, but they hold promise in executing and performing legal agreements.

Analysis

CLOC Reflections: 5 First-Time Attendees Give Their Thoughts Before, During and After the Institute

D. Casey Flaherty | May 31, 2018

World-weary veterans can become dismissive of the core conference fare as being largely geared towards beginners. But that's a feature, not a bug. D. Casey Flaherty spoke with these beginners to find their unique perspective on CLOC 2018.

Analysis

Platform Diving: How to Make Your Cloud Computing a Perfect 10

Kenneth Jones, Tanenbaum Keale LLP | May 30, 2018

Modern cloud services can provide value for law firm or corporate legal department needs in some unexpected places if you know where to look.

Analysis

You’re Going to Need a Bigger Boat: Small Firms Face Large Privacy Requirements

Mark Sangster, eSentire | May 30, 2018

Small firms can find themselves trapped between cyberattacks, like ransomware, that don’t prejudice based on the size of firm, and regulators who are indifferent to your size, when investigating a potential violation.

Analysis

AI's Impact on Discovery: More than TAR 2.0?

LTN Staff | May 30, 2018

Is AI in e-discovery just TAR 2.0? A Q&A with two professionals who have used it.

Analysis

The Different Levels of Software Patent Infringement Based on Statutory Claim Type

Joe Herndon and Eddie Obissi, McDonnell Boehnen Hulbert & Berghoff | May 29, 2018

The varying standards for infringement of software-related patent claims have practical implications that should affect strategy when drafting a patent, particularly when drafting a set of claims.

Analysis

4 Ways to Leverage E-Discovery Workflows and Technology for GDPR Compliance

Joe Mulenex, Exterro | May 25, 2018

E-discovery professionals may not realize that they’re in a position to assist with GDPR compliance by leveraging processes and technology already in place

Analysis

The 5 Secrets to Setting up a Legal Operations Function

Monica Zent, ZentLaw and Foxwordy | May 24, 2018

If you don’t already have a legal ops function, odds are that you’re looking into it. You should be; there are many benefits of a well-constructed legal ops function.

Analysis

3 Reasons Why AI Requires an Essential Human Component in RegTech

Kayvan Alikhani, Compliance.ai. | May 23, 2018

In the best interest of accurate data, enlisting a team of industry or topic-focused experts will give the AI the direction it needs to better analyze and classify data.

Analysis

Streamlining the Admissibility of ESI: Amendments to Federal Rule of Evidence 902

Maureen O’Neill, DiscoverReady | May 22, 2018

The new provisions of F.R.E. 902 bring the rule into the digital age, streamlining the process of authenticating electronically stored information and admitting it into evidence.

Analysis

Racist Rant, Other Events Show Social Media's Power Over Lawyers

Scott Flaherty | May 21, 2018

A racist rant. Scrutiny over prolific billable hours. Controversy over arbitration pacts. All three have made news in the legal world in the past few months, and all were thrust into the spotlight through social media.

Analysis

Law Firm Cybersecurity 'an Imperative' as Clients Make Demands Clear

Lizzy McLellan | May 21, 2018

Firms of all sizes are thinking about how to protect confidential client data.

Analysis

Advice to the Legal Class of 2018 in the Age of Automation

Konrad Pola, Diligen | May 21, 2018

In the technology-driven 21st century legal market, grads can often bypass lower value roles and move straight into the more interesting work they’ve been freed to do—practice law.

Analysis

A Battle Cry for Penetration Testers: Try Harder! Earn Your OSCP Certification

Jared Coseglia, TRU Staffing Partners | May 21, 2018

The OSCP designation is redefining expectations of excellence going far beyond pure proactive cybersecurity proficiency.

Analysis

Are U.S. Records Retention Requirements on a Collision Course with the GDPR’s ‘Right to Erasure?’

Stacey Garrett, Keesal, Young & Logan | May 18, 2018

U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. But this could be an issue with the upcoming GDPR.

Analysis

Changing Minds and Tech Platforms: What Makes a Lean Lawyer

Rhys Dipshan | May 18, 2018

Legal professionals are being challenged to become lean and efficient lawyers. And for most, that means deploying legal technologies, new workflows, and particularly, a new way of thinking.

Analysis

Match's IP, Trade Secret Challenges Could Be a Lesson Facebook's Dating Service

Stephanie Forshee | May 17, 2018

If legal fights in the online dating industry are any indication, Facebook's legal department would be smart to strategize about its inroads into this new line of business.

Analysis

5 Dumb Trademark Mistakes Startups Should Avoid

Vivek Jayaram, Jayaram Law | May 17, 2018

Especially when it comes to intellectual property, a startup's appetite for risk can lead to costly errors when it comes to use, protection, and enforcement.

Analysis

Facebook’s Blockchain Bet Could Place It in the Data Decentralization Debate

Ian Lopez | May 16, 2018

Oft-considered an avenue for individuals to attain greater control over their digital information, blockchain could be leveraged by Facebook Inc. to change its status as "gatekeeper" for user data.

Analysis

Budgeting for E-discovery: It Doesn’t Have to Be a Myth

Chris Esposito, The MCS Group | May 16, 2018

By understanding the various charges and all the steps of the process, you’ll be well on your way toward predicting costs that previously seemed unpredictable.

Analysis

Keep Your Keys: Fraud May Be Biggest Threat to Blockchain Technology, Cryptocurrencies

Rhys Dipshan | May 15, 2018

At the CDX Academy Blockchain Brand Innovation Summit in New York, cybersecurity experts and the assistant director of the FTC discussed why fraud is one of the biggest problems facing blockchain-enabled technologies.

Analysis

The Emergence of Blockchain and Its Impact on E-discovery

Aaron Vick, Cicayda | May 15, 2018

Don’t assume that you’re absolved from the risk of litigation discovery even if your corporate policies are updated to include newly introduced technology such as a blockchain.

Analysis

The Problem With Smart Contracts

Rhys Dipshan | May 14, 2018

At the CDX Academy Blockchain Brand Innovation Summit in New York, speakers explained why smart contracts will only work in limited and narrow transactional situations.

Analysis

A Brief History of Blockchain

Lewis Popovski and George Soussou, Patterson Belknap Webb & Tyler | May 14, 2018

While many have invested in bitcoin, few really understand the underlying blockchain technology, which could be 'the largest technological expansion since the Internet.'

Analysis

3 Interesting Facts about the Patent Landscape for Cryptocurrency and Blockchain

Alexander D. Georges and James L. Korenchan, McDonnell Boehnen Hulbert & Berghoff | May 10, 2018

The race for patent protection in this industry remains an interesting ongoing story, and serves as evidence that many in the industry have faith in its growth and longevity.

Analysis

The Most Important Word in Legal Tech: Engagement

Jake Heller, Casetext | May 09, 2018

Six ways to get innovation not just bought by firms, but actually used by attorneys.

Analysis

Lawsuit Against Ripple Labs Is Not Your Typical ICO Case

Ben Hancock | May 08, 2018

The case involves the third-largest cryptocurrency in the world, and could delve into questions of how a digital asset's decentralization (or lack thereof) impacts its legal status.

Analysis

The Future of Law: How In-House Counsel Will Hire Outside Counsel

Frank Ramos, Clarke Silverglate | May 08, 2018

Analytics will play a major role in hiring moving forward, forcing many law firms to adjust their strategies.

Analysis

How to Use Early Case Assessment to Make Informed, Accurate E-Discovery Decisions

Joe Mulenex, Exterro | May 08, 2018

ECA can help understand the universe of a given matter, but it also includes the assessment of risk and the determination of a preliminary strategy.

Analysis

Blockchain and Interoperable Legal Tech Builds A2J Use Cases

Larry Bridgesmith, Vanderbilt Law School | May 07, 2018

The blockchain has a number of novel applications for access to justice initiatives, such as the Internet Bar Organization's outreach to Rohingya refugees.

Analysis

Copyright Liability for Foreign Internet Broadcasters Who Fail to Geoblock

Scott D. Locke and Laura-Michelle Horgan | May 04, 2018

Recently and to the likely dismay of many foreign broadcasters, in 'Spanski Enterprises v. Telewizja Polska' the D.C. Circuit took up an issue of first impression for the federal appellate courts: whether any extraterritorial limits of the copyright law would relieve the liability of foreign content disseminators that send their content into the United States.

Analysis

Facebook's GDPR Challenge and the Conundrum of Consent

Ian Lopez | May 04, 2018

The EU’s General Data Protection Regulation goes against the business models of Facebook and many other internet companies, say some compliance experts.

Analysis

You Want a Hole, Not a Drill: Finding the Right Technology Solution at Law Firms

Eric Wangler, BigHand | May 03, 2018

Firms typically end up blaming the technology for not working, when the blame often lies with the failure to properly define the problem, choose the right solution and then implement it.

Analysis

Nervous System: Just the Fax, Ma’am

David Kalat, Berkeley Research Group | May 03, 2018

'Nervous System,' which approaches data privacy and cybersecurity issues from the context of history, tells the story of how the fax machine actually pre-dates the U.S. Civil War.

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