Percipient, LLC

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I think workflow automation is a nice legal tech gateway drug. Although workflow and process automation is not “legal technology” per se and can be used in any industry, it is a good way for lawyers and legal teams to dip their toes into legal tech waters.   So often when people start thinking about implementing legal tech solutions, they try to “boil the ocean” and solve too many problems at once. The best place…
The oft-touted benefits of working with ALSPs (alternative legal service providers AKA law companies, legal services companies, etc.) are lower rates, specialization, and efficiencies. Because of these benefits, the use of ALSPs is growing.  Indeed, some predict a 25% growth in outsourced legal work and alternative legal services market share in the next five years.   We were curious to know the real value of using an ALSP. So we put our money where our…
Yes, the title “Best Blogs and Podcasts for In-House Counsel” is a loaded headline. But, that’s how people search for stuff on the internet so we went with it.   Admittedly, unless something is actually quantifiable, the “best” of anything is relative–especially when it comes to writing and podcasting. A more apropos title would be “Our Favorite Blogs and Podcasts for In-House Counsel”.   But, hyperbolic titles notwithstanding, these compilations are often helpful and we…
A new legal document review project may seem daunting.  At first glance, you may only see voluminous ESI (electronically stored information), many custodians from which data must be collected, not to mention the challenge of making sense of how that data supports the multiple factual and legal issues in the case.   So where should you start? The first step is prioritizing what should be reviewed (and what should not). That is where…
Cyber security education is one of the most important cyber security best practices explains Matthew Holland, CEO of Field Effect Software, in the latest episode of the Technically Legal Podcast. Field Effect is a cyber security company providing tools and managed detect and response (MDR) services to protect against cyber attacks.   Matt started his cyber security career with Canada’s Communications Security Establishment (CSE) (similar to the NSA in the United States) and…
Microsoft 365 eDiscovery (formerly, Office 365 eDiscovery) includes several useful features for eDiscovery and compliance matters such as email archiving, Legal Holds, and eDiscovery Search capabilities.   We run a fair amount of searches for ESI (electronically stored information) in Microsoft 365 eDiscovery and can attest it has helpful search features, but, despite Microsoft building out the eDiscovery Compliance Center and continuously improving functionality, Microsoft 365 eDiscovery search features have certain limitations that…
Magistrate Judge Tony Leung from the United States District Court for the District of Minnesota offers a few pointers to lawyers preparing for virtual court hearings via zoom or other video conference apps in the latest Technically Legal Podcast.   Tip number one is to realize that despite the fact you are not physically in the courtroom, you are still in a court hearing and the judge should have your undivided attention. He also…
Communications between lawyers and outside consultants or vendors working together on legal matters are generally confidential and protected by the attorney work product doctrine. The theory being that experts hired by lawyers are acting at the direction of counsel and doing work in anticipation of litigation. But, communications between lawyers and consultants are only privileged if the primary purpose of communications relate to legal services.  If a consultant is engaged for both business…
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…
For a party to meet its obligation to produce relevant evidence for use in litigation or in response to a subpoena, they must first meet their duty to preserve evidence. Often, one of the first steps an in-house lawyer takes to preserve evidence is to send a litigation hold letter (or “legal hold”) to employees that worked on the project or transaction subject to dispute.   Litigation hold letters are issued in anticipation of…