Address Information Governance Now to Avoid Legal Headaches Later
New research by the Information Governance Initiative (IGI) found that 98 percent of 400 information management professionals surveyed had records that needed to be kept for 10 years or more....
View ArticleKey Takeaways from the New Trade Secrets Act
In May 2016 the Defend Trade Secrets Act of 2016 was signed into law. It amends the Economic Espionage Act, creating a federal civil cause of action for trade secret misappropriation. It will have a...
View ArticleProtecting Your Company from Ransomware
Ransomware has become so lucrative that an industry has developed around it, with commission-based ransomware-as-a-service programs that allow the malware to be deployed by anyone who can key a ransom...
View ArticleGovernance Above and Beyond Compliance
It was once possible to satisfy regulators by having a compliance officer check a series of boxes indicating compliance with applicable regulations, but this is no longer the case. Companies are now...
View ArticleFive Tips for Retention of Expert Witnesses
The right expert witness can be the linchpin of a successful litigation strategy, whether a case goes to trial or is resolved before reaching jury or judge. But the retention must be handled correctly,...
View ArticleTips for Conducting Internal Fraud Investigations
Decisions made at the beginning of an internal fraud investigation will either enhance the possibility of a swift and successful resolution or pave the way for a costly and drawn out legal saga that...
View ArticleDiversity in the Legal Profession
The legal profession as a whole isn’t doing a very good job at diversity. A Washington Post article noted that 88 percent of lawyers are white, making law the least diverse profession in the country....
View ArticlePR Mill Shuts Down When DOJ Loses a Case
The authors discuss a case in which the U.S. Department of Justice indicted four retired Army National Guard colonels, one of whom became their firm’s client, on charges of conspiracy, bribery, and...
View ArticlePreparing the Designated Corporate Representative for Deposition
In most commercial, IP, employment and product liability litigation, it is common for some deponents to be corporate representatives rather than individual fact witnesses. Federal Rule of Civil...
View ArticleCan Transaction Parties Rely on the Common Interest Privilege?
In many situations, parties to a transaction want to share legal advice among themselves. Parties whose interests are aligned can save money by sharing and discussing these opinions because they won’t...
View ArticleCruising Through E-discovery
The author offers best practices, strategies and concrete advice about e-discovery projects. The starting point is the creation of a process for preserving and collecting new data types, with...
View ArticleThe Privacy and Cybersecurity Challenge for Startups
The privacy and cybersecurity landscape is constantly evolving, and it can require significant resources for companies to keep pace with both threats and compliance obligations. This is especially...
View ArticlePreparation is the Best Defense Against a Cyber Attack
Today virtually all business is on the radar of cyber criminals, and cybersecurity is no longer just an IT issue. It’s companywide, and all stakeholders need to be involved in solutions. Best practices...
View ArticleIt is Still Possible to Patent Software
This article discusses patenting strategies for prosecuting existing cases, as well as strategies for preparing cases yet to be filed, so they will withstand heightened scrutiny resulting from the new...
View ArticleConfronting the Gray Market in Korea and the U.S.
Both Korea and the United States face an influx of gray market goods (also known as “parallel imports”), but they offer trademark owners vastly different tools to combat this problem. The Lanham Act...
View ArticleProtecting Data Analytics from Litigation
In earlier days, data analytics revealed individually identifiable customer patterns, but as data sets have grown, data analytics have shifted from forecasting about individual consumers to forecasting...
View ArticleData Governance for the Internet of Things
More companies are joining an interconnected web of devices connected to the Internet, known as the Internet of Things (IoT). Companies need to develop information governance strategies to accommodate...
View ArticleDelaware Case Makes it Easier for Duped Shareholders to Sue
In May of this year, the Delaware Supreme Court handed down a decision with major implications for shareholder litigation. It held that shareholders could sue Citigroup directly for losses they...
View ArticleBigLaw Raises, and a Pitch for Inside Counsel to Start Thinking Small
This past summer many big firms gave new associates a substantial raise, up to $180,000 in some cases. The authors contend there was no market-based reason for the raises, that they occurred despite...
View ArticleContract Review Meets E-discovery
Because they are so labor-intensive, contract reviews tend to be reserved for pivotal events, but in an era when e-discovery has become common, there is an opportunity to make good use of them more...
View Article