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Technology for Meaningful Legal Collaboration
Current discussions of electronic discovery and legal technology often focus on strategies for managing large volumes of data as it is funneled through different phases of the Electronic Discovery Reference Model (EDRM). The goal: to produce responsive documents in the fastest and most cost-effective manner possible. Yet an important part of the discovery process ' case analysis and legal strategy ' has been a niche left unaddressed by traditional technologies. Existing “big data” technology is very good at performing thousands of discrete operations on data at a massive scale, but there are few tools in today's marketplace designed to facilitate the unique ways legal professionals think and interact as they try to understand the facts of a case and to develop an effective strategy.
My law firm, Bartlit Beck, discovered a tool that enhanced its existing workflow for case analysis by allowing attorneys to work and collaborate more efficiently. This workflow includes activities like highlighting, underlining and attaching notes to key passages, or engaging in dynamic group discussions about pieces of evidence or annotations with particular relevance to case strategy. It also includes bookmarking and grouping content that pertains to a particular legal issue (or witness or date) with color-coded tags and custom binders for quick and easy retrieval. Most legal professionals analyze cases and build arguments in this manner ' by finding connections and stringing together a series of documents, passages, research, testimony and other pieces of evidence that begin to tell a story. Such activities typically take place at the nexus of case management: e-discovery and litigation support.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.