Litigation Technology

The American Lawyer |News

With Help From New Law, This Legal Department is Firing its Outside Counsel

Roy Strom | April 24, 2018

Univar Inc. is working with Elevate and a new Elevate-affiliated law firm to find new ways of doing legal work that it claims will result in 50 percent savings for its $10.5 million legal budget. "Law Land is not special," said Univar's general counsel.
Corporate Counsel |

Mastering Legal Holds: Best Practices for Legal Professionals

John Tredennick | April 24, 2018

This three-part series will provide a primer on the duties surrounding legal holds and preservation and offer tips on how to fulfill your responsibilities as a legal hold administrator. It is written for legal and IT professionals who want to learn best practices for effectively managing and implementing legal holds. This first article focuses on key steps to consider in implementing the hold.
The Legal Intelligencer |Commentary

'Pittsburgh History': Boring Name, Big Development for Attorney-Client Privilege

Edward S. Robson | April 20, 2018

The plaintiffs propound discovery seeking your communications with the board related to the transaction. Can the company assert the attorney-client privilege against plaintiffs? Pennsylvania courts have been surprisingly quiet on this common issue until recently.
Legaltech News |News

Newly Integrated Litera Microsytems Launches Contract Drafting Tool

Gabrielle Orum Hernández | April 19, 2018

Clause Companion, a rework of Microsystems' previous contract proofreading tool, allows users to store contract content to drag into new drafts.
Daily Business Review |Commentary

How Accounting Claims Can Be Game-Changers in International Litigation

Jason Domark, Charles C. Kline and Reid Kline | April 18, 2018

Imagine that your client invested in a foreign partnership, and the “partner” ran off with the funds. Or maybe your client relied on the wrong offshore wealth adviser, or placed funds with the wrong trust company.
Daily Business Review |Commentary

Legal PR 101: What You Need to Know to Get the Word Out

Julie Talenfeld | April 17, 2018

So you've just won a huge case for your client. You worked long hours doing research, preparing your client for court, and gathering evidence. Now it's time to let the world know about the verdict.
New Jersey Law Journal |Analysis

Why Cybersecurity Matters in High-Stakes Litigation

Avi Benayoun and Chelsea Koff | April 13, 2018

Preserve, preserve, preserve … but what about protect?
The Legal Intelligencer |Commentary

Court Provides Guidance on the Authentication of Social Media Posts, Or Does It?

Edward T. Kang | April 12, 2018

Facebook has been making headlines lately over claims it shared personal data on more than 87 million people to the political data firm, Cambridge Analytica for use in the 2016 presidential election. In the midst of the Cambridge Analytica chaos, the Pennsylvania Superior Court provided long-overdue guidance on the authentication of posts from Facebook and other social media platforms.
New Jersey Law Journal |Analysis

Retaining Control over use of Technology-Assisted Review

Donna Fisher, Matthew Hamilton and Sandra Adams | April 12, 2018

A look at "Winfield v. City of New York" in view of three significant TAR cases authored by S.D.N.Y. Magistrate Judge Peck, and other illustrative cases, as well as suggestions for best practices.
Corporate Counsel |

The Time Is Now for Corporate Legal Department Digital Transformation

Dan Carmel | April 09, 2018

By combining the right technology platform with smart change management practices, corporate legal departments, like finance, human resources and many other business departments, can use new digital technologies to dramatically transform how their departments operate. In doing so, such digital transformation strategies enable corporate legal departments to reduce operating costs, increase productivity and deliver enhanced and new services to their company.
Daily Business Review |Commentary

#MeToo Movement: 8 Guideposts to Avoid Legal Landmines

Paul O. Lopez | April 09, 2018

The scandals relating to the sexual harassment of women that have rocked Hollywood and have captured the headlines over the last few months have business owners and managers once again focusing on the crucial issue of how to deal with harassment and discrimination in the workplace.
The Legal Intelligencer |Commentary

Appellate E-Filing Evolves in the Third Circuit and Pennsylvania State Courts

Howard J. Bashman | April 09, 2018

As longtime readers of this column are aware, I am an enthusiastic supporter of electronic filing on appeal. Appellate e-filing has long been mandatory for attorneys in the U.S. Court of Appeals for the Third Circuit and other federal appellate courts, but it remains optional for attorneys in the Pennsylvania state appellate courts.
New Jersey Law Journal |Analysis

Using Modern Techniques for an Age-Old Battle: The Scope of E-Discovery

Thomas Cotton | April 05, 2018

This article discusses two circumstances in which a litigation cyborg can hold an advantage over a human lawyer when arguing discovery's scope.
The Legal Intelligencer |Commentary

DOJ Issues Two 2018 Memoranda Related to Actions Brought Under the FCA

Vasilios J. Kalogredis and Katherine E. LaDow | April 05, 2018

The U.S. Department of Justice (DOJ) issued two internal memoranda in January which relate to the agency's role in actions brought under the False Claims Act (FCA) 31 U.S.C. Section 3729.
The Legal Intelligencer |Commentary

Second Circuit Court Declines to Enforce Arbitration Clause

Rudolph J. Di Massa, Jr. and Drew S. McGehrin | April 02, 2018

In Anderson v. Credit One Bank, Case No. 16-2496 (2d Cir., March 7), the U.S. Court of Appeals for the Second Circuit affirmed decisions of both the District and Bankruptcy Courts for the Southern District of New York in addressing the enforceability of arbitration clauses in bankruptcy proceedings.
Law.Com |Podcast

Making Sense of Legal AI: What It Means for Your Practice and What's Ahead

Vanessa Blum | Leigh Jones | March 30, 2018

There's so much happening in legal AI right now that it can be hard to separate hype from reality. We have a crash course for you on this week's Legal Speak podcast.
The Legal Intelligencer |Commentary

DOJ Now Targeting HR Professionals for Criminal Antitrust Violations

Carl W. Hittinger and Tyson Y. Herrold | March 30, 2018

Human capital (i.e., skilled labor) has become increasingly vital to the success of business enterprises. But such invaluable capital can also be extremely difficult to attract and retain, as corporate loyalty has become less of a two-way street and the gold ring of opportunity swings by.
The Legal Intelligencer |Commentary

The Ethics of E-Discovery, Part 2: Smarter—But Unethical—Clients

Leonard Deutchman | March 29, 2018

In Klipsch, the U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York's order that even though “the likely valuation of actual damages” caused by the defendant's discovery violations was $25,000, the defendant additionally had to pay the plaintiff a total of $5 million as “compensation” for “discovery efforts” the plaintiff had to take solely because of the defendant's misconduct, as well as for “restraint … appropriate to secure” the plaintiff's “likely recovery of treble damages and attorney fees at the conclusion of the case.”
The Legal Intelligencer |Commentary

Balancing the Rights of School Districts in Wake of Shootings

Gabrielle C. Goham | March 29, 2018

In the wake of the latest rash of school shootings, as in all those which came before, rational minds question the general role of the public school system in preventing such attacks. Why didn't the school do more to prevent this tragedy? If this keeps happening, could it be the fault of the school system?
The Legal Intelligencer |Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton | March 29, 2018

I am an older lawyer who is a solo practitioner. Is there anything I should be doing to protect my clients if I should pass away unexpectedly?
Daily Business Review |Commentary

How to Take Your Side Without Risking Client Base

Julie Talenfeld | March 29, 2018

After serious events impact the public, people begin to take sides. Some rally together for reform, while others push to keep things the same. Following the tragedy at Stoneman Marjorie Douglas High School in Parkland, it became evident that the second amendment and gun control have caused a clear divide in opinion.
Daily Business Review |Commentary

Recent SEC, CFTC Comments Ease Crytocurrency Fears, Boost Confidence

Jesse Fulton | March 28, 2018

To say the last month in the crypto world has been nothing short of a wild ride would be an understatement. With approximately $475 billion exiting the market in a blink of an eye, many new to the market are likely getting their first taste of reality in the crypto space.
Texas Lawyer |Commentary

A Look at the Data Issues Energy Industry Counsel Face this Year

Deana Uhl | March 27, 2018

As one of the longest standing segments in the global economy, the energy industry is deeply rooted in its processes and conventions. Aside from environmental…
The Recorder |News

DLA Piper Adds Alston & Bird's State Attorneys General Lead in California

Xiumei Dong | March 26, 2018

Jeffrey Tsai, a former senior official in Kamala Harris' Attorney General's Office, has joined DLA Piper as a partner in Los Angeles and San Francisco.
National Law Journal |News

Judge Considers Legality of PACER Fees

Cogan Schneier | March 23, 2018

U.S. District Judge Ellen Huvelle will decide whether PACER is charging inordinately high fees and putting the revenue toward unauthorized uses.
Corporate Counsel |

Corporate Counsel Taking Lead Role in Employing Technology

Rob MacAdam, HighQ | March 22, 2018

As technology continues to act as a change agent in the legal industry, the nation's leading corporate legal departments are showing no hesitance in embracing…
Legaltech News |Slideshow

7 Ways 2018 is the Year of Access to Justice

Zach Warren | March 22, 2018

Seven stories that reveal how many people and companies are putting actions behind their access to justice words so far this year.
The American Lawyer |News

GE Inks Legal Outsourcing Deal With UnitedLex, Eying Big Savings

Miriam Rozen | March 22, 2018

UnitedLex says the agreement will help GE shave 30 percent off its legal spend in areas ranging from e-discovery and document review to litigation and operations.
New Jersey Law Journal |Analysis

For Midsize Law Firm Leaders, 'It Takes Dollars' to Tackle Tech Initiatives

David Gialanella | March 21, 2018

Vendors are one thing. But many more costs are internalized, and law firm technology spending is a growing part of the budgetary discussion.
Delaware Business Court Insider |Commentary

Is Stockholder Litigation in Trouble in Delaware? An Update

Edward M. McNally | March 21, 2018

A series of recent Delaware court decisions have caused some plaintiffs law firms to decide stockholder litigation should no longer be filed in the Delaware courts.
The Legal Intelligencer |News

Dechert Settles Female Staffers' Sex Discrimination Case

Lizzy McLellan | March 20, 2018

A pair of women claimed they were fired because of their sex and age, but the firm said technology replaced them.
Corporate Counsel |News

Many Law Departments Don't Think Firms Have Innovated Lately, Data Shows

Rebekah Mintzer | March 16, 2018

New research supports the idea that their law firms and service providers haven't been listening closely to calls from their clients to think differently.
Corporate Counsel |Expert Opinion

Safeguarding Your Company: Preventing and Detecting Antitrust Violations

Cindy Caranella Kelly and Sarah Gibbs Leivick | March 16, 2018

In the past several years, anticompetitive activity has impacted a wide range of industries around the world. In 2016, global cartel fines across industries reached almost $8 billion, and more than $4 billion in 2017.
The Recorder |

Former Google In-House Discovery Leader Says It's Important to Invest in People Before Tech

Caroline Spiezio | March 15, 2018

For Pamela Davis, who left Google last year, success is about a lot more than just technology.
The Legal Intelligencer |Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton | March 15, 2018

I saw an article recently about competency and the need for lawyers to become proficient on electronic discovery or else face disciplinary rule violations. I am an older lawyer. What should I do?
Legaltech News |News

Analytics Pay Day: Gavelytics Closes $3.2 Million Funding Round

Ian Lopez | March 14, 2018

Gavelytics, a judicial analytics company focusing on California courts, will use the funds to expand into new jurisdictions and product offerings.
Legaltech News |News Slideshow

18 Millennials Changing the Face of Legal Tech

Gabrielle Orum Hernández | March 13, 2018

Expect to see a lot more of these new faces in the legal industry's discussions about innovation.
The Legal Intelligencer |Case Digests

Braun v. Herbert et al

March 13, 2018

The trial court did not err in finding that the business judgment rule protected the defendant companys decision to reject plaintiffs litigation demand given her failure to allege with particularity the wrongdoing at issue.
Daily Business Review |Commentary

Don't Forget the Exhibits: Get to Know New Rule 5.3

Nathaniel Edenfield | March 12, 2018

Should you try a case in the Southern District of Florida anytime soon, you will undoubtedly focus on your opening statement, direct and cross examinations, and closing argument.
The Legal Intelligencer |Commentary

Save Thousands on Medical Records: Implement HITECH Today

Shayna T. Slater | March 09, 2018

Whether representing hundreds of clients in a mass tort, or a single client in a personal injury case, medical records are an integral piece of the puzzle. How many times have you received an invoice for medical records and been shocked by the cost?
Corporate Counsel |Expert Opinion

A Stitch in Time Saves Nine: Sustainable Compliance in Cyberspace

N. David Neeman and Timothy C. Stone | March 09, 2018

In the not-so-distant past, when hackers breached a company's cybersecurity defenses and pilfered data, including sensitive customer information, the government and public alike often viewed the company as one of the victims.
Legaltech News |News

Integreon Hopes To Loop in Corporate Counsel With New Allegory Platform Interface

Gabrielle Orum Hernández | March 06, 2018

Following the e-discovery company's acquisition of Allegory Law, Integreon CEO Bob Rowe is hoping to morph the company into a full-services discovery manager.
Legaltech News |Analysis

Doing Discovery in Japan? Ganbatte! Privacy, Propriety, and Preparation

Michael C. Zogby and Yodi S. Hailemariam, Drinker Biddle & Reath | March 06, 2018

Inside the current data privacy landscape in Japan, with key logistical and cultural issues that practitioners should consider when seeking or conducting discovery in the country.
The Recorder |Expert Opinion

Social Media Divorces—5 Things to Avoid Posting During a Divorce

Marina Manoukian | March 06, 2018

In recent years, with the surge in the use of social media platforms such as Facebook, Snapchat and Instagram, married people's activities on these sites have either become the cause of divorce or been used as evidence in divorce cases.
New York Law Journal |News

Judge Andrew J. Peck, 1 of E-Discovery's Most Influential Figures, Retires From the Bench

Ian Lopez | March 05, 2018

After over two decades as a magistrate judge for the Southern District of New York, Peck will retire and join DLA Piper.
The Legal Intelligencer |Commentary

Pa. Supreme Court Excludes Warrantless Search of Cellphone

Matthew T. Mangino | March 01, 2018

On June 15, 2010, Michael Toll called 9-1-1 and reported he had been shot on a street corner in Philadelphia. A police officer responded and found Toll in his vehicle.
The Recorder |News

Lawyers, Developers Team Up in Hackathon to Revamp Legal Industry

Xiumei Dong | February 27, 2018

The winning team of a “Global Legal Hackathon” recently hosted by Orrick, Herrington & Sutcliffe aims to provide a platform to fund and expedite class action suits using blockchain technology.
Legaltech News |Analysis

E-Discovery Sanctions Front Page in BuzzFeed 'Fake News' Case

Mike Hamilton, Exterro | February 27, 2018

Not cooperating in e-discovery may be winning a small battle, but in the end you're doing things that may lose you the war.
The Legal Intelligencer |Commentary

It's Time for Attorneys to Wake Up and Recognize Change

Daniel J. Siegel | February 22, 2018

I am always confounded by colleagues who believe that their education ended the day they received their law degrees or that they cannot adapt to learning new things, such as a new area of law, a new procedure for doing things or any other “new” topic you might think of.
Legaltech News |News

CertaTech Focuses on DC Market With Clearwater Legal Acquisition

Zach Warren | February 21, 2018

CertaTech Solutions has announced the acquisition of Clearwater Legal, a managed document review services and legal staffing specialist.
Legaltech News |News

Judges Say E-Discovery Competency Has Stalled. But Is It Easier Said Than Done?

Zach Warren | February 21, 2018

Even if understanding everything needed for e-discovery requires a whole mindset shift, it's a necessary one, judges said in the most recent Exterro judges survey.
Legaltech News |News

Breaking the Traditional: The Launch of 'ctrl ALT del: Networking Rebooted'

Monica Bay | February 16, 2018

Monica Bay relates her experiences from the inaugural ALT conference and asks attendees their thoughts on the event.
Legaltech News |Analysis

Recent Cases Offer Lessons on the Limitations of Discovery Sanctions

Phil Favro, Driven | February 16, 2018

GN Netcom and Waymo teach that parties are generally better served by dedicating their energies to obtaining dispositive evidence rather than dispositive sanctions.
The Legal Intelligencer |Commentary

Strategic Considerations for Litigation Hold Letters in a Commercial Dispute

Christopher E. Ezold | February 15, 2018

Litigation hold letters have become commonplace in commercial litigation since the string of 'Zubulake' decisions in 2003.
The Legal Intelligencer |Commentary

Preservation and Points for Charge: Important Decision Expected

James M. Beck | February 15, 2018

It appears that the Pennsylvania Supreme Court is serious about cutting back on the collateral order doctrine.
Legaltech News |Analysis

Legal Tech Needs Better Content, Not More Content

Steve DiMattia, Greentarget | February 15, 2018

So why are marketers doing the opposite? An inside look at new survey results on legal technology marketing.
Legaltech News |Podcast

Innovative or Insignificant? UnitedLex's Dan Reed on Legal Tech's 'Evolutionary Curve'

Ian Lopez | February 14, 2018

At Legalweek 2018, LTN's podcast team sat down with UnitedLex CEO Dan Reed to discuss AI, legal decision making and more.
Legaltech News |Analysis

Transparency in E-discovery? Save It for Your Clients

Hal Marcus, OpenText | February 13, 2018

Disclosing your e-discovery process won't foster cooperation from opposing counsel, but your clients will love you for it.
The Recorder |Expert Opinion

Recent Decisions Provide Ammo for Challenging Expert Testimony Supporting Class Cert

Terence N. Hawley and Joshua D. Anderson | February 13, 2018

Class action plaintiffs often submit expert testimony in support of class certification motions, raising the question of how defendants should respond—particularly when the plaintiff's evidence is unreliable or otherwise deficient.
The Legal Intelligencer |Commentary

'Rancosky' Decision: Does It Lower the Bar for Punitive Damages?

Kristin H. Jones, Sara B. Richman and Brian Callaway | February 08, 2018

The Pennsylvania Supreme Court's decision in Rancosky v. Washington National Insurance, 170 A.3d 364 (Pa. 2017), was one of the court's most eagerly anticipated commercial cases of 2017 due to its possible repercussions for the insurance industry.
The Legal Intelligencer |Commentary

In Camera Review of Privileged Documents: Is It Both Mandatory and Immediately Appealable?

Kevin P. Allen | February 08, 2018

Two recent decisions from the Pennsylvania Superior Court appear inconsistent and irreconcilable with respect to a trial court's in camera review of documents subject to a claim of privilege. In one case, the Superior Court rebuked the trial court for not conducting an in camera review and suggested that in camera review by trial courts of allegedly privilege documents is required in Yocabet v. UPMC Presbyterian, 119 A.3d 1012 (Pa. Super. 2015).
Legaltech News |News

Your Post-Legalweek 2018 Recap of Legal Tech Product Offerings and Upgrades

Zach Warren | February 07, 2018

A nonexhaustive list of some of the biggest legal technology product news announced during this year's Legalweek New York.
Legaltech News |News

Access to Justice in Legal Gets Its First 'Venture Studio' in CuroStudio

Gabrielle Orum Hernández | February 07, 2018

CuroLegal is hoping its new 'venture studio' can help the industry focus its efforts around access to justice.
The Legal Intelligencer |Commentary

E-Discovery

The Legal Intelligencer | February 06, 2018

In the Legal's E-Discovery supplement, read about possession, custody or control; preserving wearable data and how when it come to ethics and e-discovery, attorneys must stay current.

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