By Tom Hagy featuring: Priya Cherian Huskins, Woodruff Sawyer & Company While there may be some good news in the shrinking number of Directors & Officers (D&O) actions (at least those that would trigger D&O insurance coverage) and derivative actions, there has been an uptick in...

Given the choice between attending antitrust compliance training and being pushed down a flight of stairs, is the question not how many employees will head for the stairwell, but who will get there first? If you answered yes, we may have a solution. When inviting them to training, make sure you...

Outsourcing anything from discovery to document review to patent searches, firms and companies appear to be finding great “efficiencies” of several varieties, the most obvious being cost savings. But with those savings comes other opportunities as well as risks for companies and firms. Whether...

as first published in the LexisNexis® e-discovery Brief Legal IT professionals are all too aware that the task of managing large mountains of data has always been a defining characteristic of our industry. Now that we've had to layer on the explosion of digital and social media content, we've...

In today’s competitive and litigious environment, corporations need to be notified of filings against their organizations as they happen in order to quickly determine their strategy. In a recent study we learned how one Fortune 500 company trusts LexisNexis® CourtLink® to be informed of...

Raising the Bar for Class Certification: Employment Law Implications of Comcast Corp. v. Behrend By Tom Gies and Mark Romeo, Crowell & Moring LLP The Supreme Court's March 27 decision in Comcast Corp. v. Behrend , 133 S.Ct. 24 (2013) decertified a class action in an antitrust case. The...

Increasing Scrutiny on Patent Trolls: Companies and Government Push Back Soverain Software LLC tried to stake out a $34 million claim against online retailer Newegg Inc., for alleged ownership of common online retail shopping features. Newegg pushed back, ultimately prevailing, but Soverain, a so...

FTC Steps Up Scrutiny on Mobile Bill Cramming in Georgia Lawsuit “Cramming”—the practice of placing unauthorized and misleading charges on consumers’ telephone bills – is the focus of a lawsuit filed by the Federal Trade Commission (FTC) on April 16, 2013 in the United...

General Counsel Should Establish Early Case Assessment Protocols to Manage Cases, Speakers Say Establishing a protocol of best practices—much like the checklist that an airplane pilot follows before every flight—is essential for general counsel in assessing the financial impact of a potential...

Big Data: What It Is and What It’s Good For Are you or your outside law firms using data analytics to identify profitability of individuals or specific matters? Or to support or refute claims and allegations? Or to spot and exploit trends and opportunities? While definitions may vary, these...

Restoring Your Company’s Reputation Following a Crisis Is No Carnival, but It Can Be Done “A floating toilet, a floating Petri dish, a floating hell.” These are hardly the words you want to see associated with your company. But today, those are just some of the phrases Carnival Cruise...

Value-Based Billing: The Alternative to Alternative Fee Arrangements It seems as though alternative fee arrangements, or AFAs, suffer more from great expectations than anything else. They were once touted as the great alternative to hourly billing. They were to solve all of the problems associated...

Insurance Coverage Issues Arising From Superstorm Sandy By Wystan Ackerman of Robinson & Cole LLP, with contributions by Matthew Jacobs of Jenner & Block Recent estimates suggest that the impact of Superstorm Sandy may be much larger in scope than Hurricane Katrina, one of the most devastating...

Re-Published from the LexisNexis® E-Discovery Brief December 2012 Absent “Reasonable Precautions,” Inadvertently Produced Emails Lose Attorney-Client Protection In a tough “horse is out of the barn” ruling, a federal court in Ohio held that the unintentional release...

Bringing E-Discovery Processing Back In-House: How do you know if it’s right for your organization? According to the 2011 Chief Legal Officer Survey by management consulting firm Altman Weil, chief legal officers said that cost control is their number–one priority. According to the survey...

Comprehensive Written Policies and Established Response Teams are Best Practices for Handling Litigation Holds Conducting a proper litigation hold at your organization is an important first step if your company is subject to a lawsuit. It can help preserve important documents that, if inadvertently...

Is the Fiscally Focused GC About to Change How Legal Services are Delivered and Priced? The relationship between law firms and in-house counsel, and the relationship between in-house counsel and their colleagues in the finance department, have seen significant change during the past two decades. Those...

Understanding The Reasons Behind Digital Piracy Is The First Step Toward Ending It, Researchers Suggest Although the recording and film industries were able to bring down large-scale file-sharing services and programs such as Napster® and LimeWire® over the past few years, digital piracy continues...

Advances In Cloud Computing Raise New Legal and Ethical Issues There is no dispute that the advent of cloud computing has been one of the most significant technological advances in recent years. Despite its enormous benefits, cloud computing has also raised new legal and ethical issues for attorneys...

Duty to Preserve Electronic Social Media Evidence By David M. Governo and Corey M. Dennis In this age of social media, many companies maintain pages on Facebook®, Twitter®, and other similar websites. Company information on such websites may be discoverable under the broad rules of discovery...

Social Media Presents Unique Challenges In Today’s Courtrooms Trying a case in today’s increasingly connected society—due to the proliferation of social media as well as the ease of accessing information via mobile devices—has become a challenge for attorneys and judges alike...

If You Are Like These Global Legal Departments, You Value Referrals, Being Understood, and Fair Billing Practices While the practice of law is more global than ever and everything about law seems to be changing, those of you who like some things to remain the same in this world will like the findings...

Be Prepared to Act Quickly to Protect Your Company’s Reputation In Case of a Crisis In today’s fast-paced communication environment and the advent of 24-hour news cycles and social media, even a seemingly insignificant or isolated incident can quickly become a crisis with the potential...

Mitigating Confidentiality Risks Posed by Cloud Computing Storing and sharing data seems to get easier by the week. So does losing and stealing it. Cloud computing is yet another advancement in this arena, and like those that came before it–laptops, email, websites, flash drives – the...

Legal Departments Must Do More With Less . . . And Prove It The economic downs and ups, then more downs, have spawned myriad regulations-- intended anyway -- to help eliminate some of the root causes of the downticks. Greater transparency has been codified. Failure to comply means liability risk....