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2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices
The changing data landscape and prevalence of new data sources continues to impact how e-discovery is addressed. I had the opportunity to discuss these impacts with Andrea D'Ambra, senior counsel for Norton Rose Fulbright, as part of a recent webcast, “2015 Litigation Cost and E-Discovery Trends.” We compared and contrasted findings from Norton Rose Fulbright's Litigation Trends Annual Survey (http://tinyurl.com/mdknhfw) of in-house counsel and Exterro's 2015 Federal Judges' Survey on E-Discovery Trends and Best Practices released last February. Following are the takeaways we discussed.
Litigation Costs Are Rising
In the Norton Rose Fulbright Study, there was an 8% increase in respondents with budgets from $1'$5 million compared to 2013, with 25% of the respondents believing litigation disputes will increase in the next 12 months (incidentally, 73% of our webcast attendees agreed that litigation frequency is going to increase over the next 12 months). See, Figure 1 below. According to D'Ambria, companies are facing higher litigation costs and are budgeting accordingly. Company expansions, mergers and acquisitions, existing disputes that had not ripened to litigation and high-profile settlements are all contributing factors, she said.
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.