April 27, 2023

Revisiting eDiscovery Fundamentals

By Angela Chmielewski The process of electronic discovery is more than a crucial element of modern litigation, it is an enormous business and area of legal practice unto itself. The eDiscovery market was estimated at $11.2 billion last year — and is expected to be a $17 Billion business by 2027 — and many of the nation’s largest law firms have formed distinct eDiscovery Practice Groups that employ...

April 26, 2023

How In-House Teams Can Navigate the Regulatory Fallout from Bank Failures

By Celeste Mitchell-Byars and Mark Haut Many in-house counsel at companies across all industries were caught off-guard by a flurry of disconcerting bank failures last month. Following the collapse of crypto exchange FTX in late-2022, U.S. bank regulators began raising concerns on bank risks and vulnerabilities from crypto assets. The first public sign of problems brewing was on March 8, 2023, when California-based...

April 21, 2023

Lexis vs. Lexis+: The Comparison

Summary: Lexis vs. Lexis+: Product Overview and Timeline Content Comparison Comparison of Key Features Price Comparison Try Lexis+ Lexis ® and Lexis+ ® are two leading legal research platforms from LexisNexis ® that provide access to an extensive database of information, including, but not limited to, case law, statutes, regulations, and secondary sources. Widely used by attorneys and other...

April 21, 2023

Technology for Litigators: 5 Reasons Why Data Analytics Tools Matter for Success

This post was originally published in July 2020 and was updated in April 2023. Long reserved for big law firms with big budgets, litigation data analytics tools have become more accessible in recent years. These groundbreaking resources allow firms of any size to gain data-driven insights into factors that influence their litigation matters, like the venue in which the case was filed or the judge assigned to the case...

April 06, 2023

A Sea Change in Antitrust Enforcement: How Antitrust Compliance Can Be a “Cost Savings Program” for U.S. Companies

The Biden administration made it clear from its earliest days in office that antitrust enforcement would undergo a major sea change under new leadership at the Department of Justice (DOJ) and Federal Trade Commission (FTC). “We feel strongly that we are playing a role in our democracy in responding to the will of the people,” said Timothy Wu during a speech to the ABA Antitrust Law Section in November 2021...

April 05, 2023

California Equal Pay Act (EPA) Case: California Appeals Court Allows Staples Employee to Proceed with Claim

While in-house counsel at U.S. companies have been monitoring their compliance with a wave of new salary transparency laws, a court has given new life to a closely watched pay discrimination case in California. A California appeals court ruled in Allen v. Staples, Inc. that a trial court erred in dismissing an employee’s claim under California’s Equal Pay Act (EPA) and reversed the trial court’s decision...

April 04, 2023

Potential Ban on Non-compete Agreements: How In-House Counsel Can Prepare for Possible Impact

By Elias Kahn | Senior Product Manager, Lexis Practical Guidance The Federal Trade Commission (FTC) issued a notice of proposed rulemaking last month that, if adopted, would ban virtually all non-compete agreements nationwide between employers and employees. The potential non-compete ban would be one of the broadest expansions of agency authority in the FTC’s history, as reported by Law360 . Note also that on...

April 03, 2023

Litigation Analytics: The Types of Data You Need in Court

Summary What is Litigation Analytics? Types of Data Analysis Cognitive Analytics and Artificial Intelligence From Law Office to Courtroom: Integrating Litigation Analytics into Your Strategy This article was originally published on March 6, 2019, and was updated on May 17, 2023. Technological advances are revolutionizing the process of litigation. The challenge — and opportunity — of exploding...

March 31, 2023

7 Litigation Support Software Tools to Maximize Efficiency

This post was originally published in October 2020 and was updated on March 31, 2023. It's not a surprise that technology can simplify the job of a litigator, regardless of their area of expertise. Litigators today have the benefit of a wide range of legal tools tailored to their practice. These solutions, when properly leveraged, can help take their practice to the next level. What is litigation support software...

March 28, 2023

Artificial Intelligence for Lawyers: How AI Revolutionizes Your Legal Practice

Summary Artificial Intelligence, Machine Learning, and Legal Research Useful Analytics for Attorneys Artificial Intelligence for a Law Firm How Will AI Affect the Practice of Law? This article was originally published in November 2018 and was updated on November 20, 2023. Historically, people often associated artificial intelligence (AI) with visions of robots from science-fiction movies — but...

March 24, 2023

What is Legal Analytics?

Summary: What Can Legal Analytics Do? The Data Behind Analytics Magic The Value of Legal Analytics Will Legal Analytics Replace Lawyers? Revolutionize Your Practice With Legal Analytics This article was originally published on November 11, 2019, and was updated on March 24, 2023. Big data analytics technologies are becoming omnipresent in many industries, and the legal sector is no exception. Enter...

March 21, 2023

Artificial Intelligence: Judge Slams Attorney for Not Using AI in Court

Updated November 20, 2023 Summary: Excessive Attorney's Fees: Recap of the Case A Call for AI in Legal Research Prepare for the Courtroom with AI-Enhanced Technology At LexisNexis, we have not been subtle about our views regarding the impact artificial intelligence (AI) is having — and will continue to have — on the practice of law. We’ve discussed a myriad of AI-related topics, including...

March 20, 2023

AI Terms for Legal Professionals: Understanding What Powers Legal Tech

The legal technology landscape is evolving rapidly in front of our eyes, creating a whole new vocabulary of AI-related terms and phrases . For those of us who aren’t product developers or software engineers, it’s helpful to define what these terms mean. This user guide is designed to equip you with a better understanding of key AI concepts. The Basics Extractive vs. Generative Large Language Models...

March 09, 2023

Infinity Wars: The Epic Battle for Gender Equality in the Law

Summary Heroic but Unequal Equal Pay in the Legal Industry Make a Change with Practical Guidance This article was originally published in June 2018 with updates made on March 9, 2023. Our legal heroes exist in a world that suffers from gender inequality. The super world of superheroes has a not-so-super problem: gender. Despite the box-office success of Avengers: Infinity War , much as been written about...

March 08, 2023

ESG in 2023: Key Capital Markets Developments to Monitor

The U.S. Securities and Exchange Commission (SEC) has in recent years prioritized environmental, social, and governance (ESG) disclosures by public companies and the fight against “green washing” as key policy initiatives. This includes the creation of a Climate and ESG Task Force in 2021, whereby the SEC planted a flag in the ground and made it clear that ESG disclosure regulation will be a fixture of their...

March 06, 2023

Promoting Gender Diversity in the Legal Profession: A Changemaker's Guide

Summary: What Does it Mean to be a Changemaker? Gender Diversity at LexisNexis Tips for Combating Gender Inequality From Legal Research to Social Change: Attorneys as Champions of Gender Equality In 1970, a mere 3% of all lawyers in the United States ( of 326,842 total lawyers ) were women. Since then, we’ve witnessed significant progress both within the legal industry and beyond — much of...

February 28, 2023

Multi-State Consumer Data Privacy Law Compliance: 6 Principles for In-House Counsel

By Barbara W. Reece | Content Manager, LexisNexis Practical Guidance In-house counsel are confronting a major change in the regulatory landscape in 2023, with new comprehensive consumer data privacy laws going into effect in five states : California, Colorado, Connecticut, Utah and Virginia. The effective dates for these consumer privacy laws are: California Privacy Rights Act (CPRA)– January 1 Virginia...

February 16, 2023

15 Must-Have Traits of Successful Attorneys: The Keys to Solo Practice Prosperity

Updated November 20, 2023 What makes a solo attorney successful? There’s no clear-cut formula for rising above the competition and standing out as a solo practice; however, there are myriad traits that successful lawyers tend to have in common, ranging from well-developed expertise to an impeccable ability to handle stress. Becoming aware of these characteristics can help you strategize a plan for both personal...

February 14, 2023

Uncovering Hidden Pitfalls: A Deep Dive into 5 Challenges of Non-Disclosure Agreements (NDAs)

Updated November 20, 2023 Summary: Defining Confidential Information Establishing Appropriate Time and Geographic Scope Educating Clients Enforcing the NDA Navigating Concerns with Public Policy Solution: Using Practical Guidance to Draft NDAs How familiar are you with the challenges of drafting and enforcing NDAs? A Nondisclosure Agreement (NDA), also known as a Confidentiality Agreement , is...

February 07, 2023

12 Free Legal Resources for Legal Professionals

By Loyd Auerbach | Knowledge & Research Consultant, LexisNexis As a legal professional, you make a positive impact upon the world. From defending human rights to promoting ethical business practices, there are a myriad of ways your expertise and training may promote overall wellbeing. However, to scale your impact, it's critical that you have the right resources. At LexisNexis®, we support attorneys in...

January 31, 2023

LexisNexis vs. Google Scholar Case Law Search: A Comparison

Updated November 20, 2023 Summary Legal Research Technology: A Background Price Comparison: LexisNexis vs. Google Scholar LexisNexis and Google Scholar Search Usability: Comparing Ease-of-Use Built-In Analytics and Features Why Free Case Search Isn't Better Case Search Conducting efficient, high-quality legal research is critical to the success of any attorney. You’ve likely spent years honing...

January 31, 2023

Mass Arbitration Meltdown: How In-House Counsel Can Avoid Headaches Across All Jurisdictions

In-house counsel are paying close attention to recent developments in a proposed class action lawsuit in Pennsylvania state court, in which a plaintiff is attempting to prevent ESPN from enforcing a binding arbitration agreement in a data privacy dispute. ESPN filed a motion to compel arbitration in November, arguing that the plaintiff approved the user terms of agreement that require any disputes be handled out of court...

January 31, 2023

Five Steps to an Effective Cross-Examination

Summary Establish Your Goals for Each Witness Structure Your Questions to Box Witnesses In Strategically Use Constructive & Deconstructive Cross-Examination Know Witnesses’ Prior Testimony Inside & Out Keep Your Cool with Uncooperative Witnesses Rise to the Occasion with Tools to Help You Win Experienced trial lawyers will tell you that, while it may have taken them a few trials to become...

January 24, 2023

The Best Free Legal Research Tools

Updated November 20, 2023 Summary 8 of the Best Free Research Tools Free Sources of Primary Law Is winning with free legal research tools possible? Get More Free Legal Resources Running a law firm on a budget is challenging. If you’re a solo attorney or small law firm, it may feel impossible at times to compete against large law. However, solo attorneys and boutique law firms are uniquely positioned...

January 24, 2023

Antitrust Year in Review: Enforcement Insights from 2022

The Biden Administration made it clear from the outset that it would bring a higher level of scrutiny to the enforcement of competition laws compared with their predecessors from both political parties. In the year plus since Lina Khan took over as Chair of the Federal Trade Commission (FTC) in June 2021 and Jonathan Kanter was sworn in as Assistant Attorney General for the Antitrust Division at the U.S. Department...