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Your company received a document subpoena in a legal dispute in which it is not involved. Or it received a data request from a consumer under the GDPR or California Consumer Privacy Act. Who covers the expense in responding to it?   If the subpoena issued is in federal litigation, your company is likely responsible for the cost of compliance, especially if it has a connection to the litigation. Companies must also foot the…
Reviewing the data and the thousands of electronic documents requested or produced during discovery in litigation, in response to a subpoena or in an internal investigation, takes time. As we all know, time is money.   Leveraging technology goes a long way to helping cut down on time and costs. In the end, regardless if done manually or with the help of document review software, the first step in reducing review costs is culling…
Who knew the topic of legal holds is so engaging? Articles about litigation holds turn out to be some of our most popular reads. We’ve written in the past about litigation hold triggers and the duty to preserve evidence as well as the privileged nature of legal hold communications. But, a lawyer’s duty to prevent evidence destruction does not end by hitting send on a legal hold email. Both in-house and outside counsel are…
  Generally, legal hold notices (also called “litigation holds”) are privileged, protected by the attorney-client privilege or work product doctrine. See, e.g. Gibson v. Ford Motor Co., 510 F. Supp. 2d 1116, 1123 (N.D. Ga. 2007). However, the privileged nature of legal hold letters may be lost if a party spoliates evidence (destroys evidence) or fails to observe appropriate document and ESI preservation procedures.   What is a Litigation Hold? Litigation holds are…
  The number of legal operations, or “legal ops”, positions is growing as companies try to reduce legal bills and increase legal department efficiency. But where should a legal operations manager start to revamp a legal department?   We talked to a few pros for advice.   Legal Departments With Legal Ops Professional = More Mature Legal Department   A few years ago, legal industry analyst Jordan Furlong presciently noted on his Law 21 blog,…
Legal operations (or “legal ops”) is becoming a more common and mature position within in-house legal departments.   According to a 2018 “flash survey” of Chief Legal Officers by Altman Weil, 75% of legal departments with 50 or more attorneys have at least one person managing legal operations and half of the smaller legal departments surveyed reported having a legal operations manager. That number is sure to grow as companies try to reduce legal bills…
Legal operations (or “legal ops”) is becoming a more common and mature position within in-house legal departments.   According to a 2018 “flash survey” of Chief Legal Officers by Altman Weil, 75% of legal departments with 50 or more attorneys have at least one person managing legal operations and half of the smaller legal departments surveyed reported having a legal operations manager. That number is sure to grow as companies try to reduce legal bills…
When governments imposed COVID-19 work from home orders, some legal departments and law firms were better prepared than others to support remote work. As former Big Law litigator turned legal innovation and tech evangelist Stephen Embry recently noted, if lawyers really want to deliver value to clients nowadays, one of the best things lawyers can do is get their client’s work done competently, efficiently and with as little disruption as possible. Technology can most…
When governments imposed COVID-19 work from home orders, some legal departments and law firms were better prepared than others to support remote work. As former Big Law litigator turned legal innovation and tech evangelist Stephen Embry recently noted, if lawyers really want to deliver value to clients nowadays, one of the best things lawyers can do is get their client’s work done competently, efficiently and with as little disruption as possible. Technology can most…
(Updated March 30, 2020) In 2012 the American Bar Association amended Comment 8 to Model Rule of Professional Conduct 1.1 (Duty of Competence) to address changes in technology. The Comment now reads: “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements…