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New Trends for Managing Privilege In e-Discovery
As any corporation or law firm will attest, the cost of litigation continues to rise and with it the need to identify efficient solutions while maintaining transparency and defensibility. Document review, specifically, has long burdened litigation budgets; however, recent trends in the acceptance of technology integration and more advanced managed review workflows is taking root in the legal landscape. Litigation teams have been tasked with striking the right balance between identifying creative solutions to reduce these budgetary concerns while delivering high quality and defensible work product.
Federal Rule 26(b)(5) governs privilege disclosure during the discovery process by allowing the claiming party to withhold privileged information so long as: 1) a claim is expressly made; and 2) the nature of the documents are disclosed in a manner such that the adverse party is able to assess claims for privilege without being provided access to the underlying sensitive information. This mechanism is commonly referred to as a privilege log. Traditional privilege logs can generally be defined as a log of responsive data to be withheld on the grounds of privilege where the following information is provided: custodian, recipient list, communication date, subject and a privilege description/assertion.
Below we will touch on the burdens of traditional privilege logs and also alternatives to consider.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.