Electronic Discovery Market Takes Leap
August 30, 2005
e-Discovery services have come a long way in just a couple of years as a technological medium and a legal service, according to a recent comprehensive and authoritative survey of the genre.
Corporate Compliance And How It Relates To Litigation Data-Management
August 30, 2005
If we counted a penny for every general counsel, chief information officer or information-technology director who laments the passing of the regulatory-agency laissez faire policies of old, we'd give Donald Trump a run for his money. The simple truth is, there is no going back -- Sarbanes-Oxley, Gramm-Leach-Bliley, the Safe Harbor Protection Act and European Data Protection Directive -- they're all here to stay.
The Increasing Importance of Corporate Minutes
August 30, 2005
As corporate scandals continue to dominate the financial press, the actions taken by members of corporate boards of directors are under attack by the civil class action bar, the Securities and Exchange Commission, federal prosecutors, and state regulators. As the activities of board members are increasingly subjected to challenge in civil and even criminal proceedings, the existence of a clear record of the board's activities has become an increasingly critical element in establishing a corporation's decision-making process. Thus, boards of directors should take a fresh look at how their decision-making process is described in corporate minutes to ensure that the minutes will permit the directors to defend the actions taken in the boardroom, as well as to demonstrate that the directors have performed their oversight duties with appropriate care.
Inside <i>Grokster</i>
August 18, 2005
The Internet industry has had a little time to sit back and examine the U.S. Supreme Court's decision in the <i>Grokster</i> case, pondering its true meaning and its impact on technology and software developers as well as the entertainment industry. In this virtual roundtable discussion, members of <i>Internet Law & Strategy</i>'s Board of Editors and other Internet law experts chime in with their thoughts. I think you'll find these comments insightful and raise the issues that the industry faces in the wake of <i>Grokster</i>.
Inducement Theory In <i>Grokster </i>Leaves Unanswered Questions
August 18, 2005
In <i>MGM Studios, Inc. v. Grokster</i>, the Supreme Court decided that the defendants could be held liable for copyright infringement perpetrated by the users of their respective software. Rather than clarifying the "significant non-infringing use" standard from <i>Sony Corp. of America v. Universal City Studios, Inc.</i>, to determine whether the defendants could be held liable for distributing a product with knowledge that it could be used to infringe, the Court utilized an alternative approach of finding liability. Turning to common law precedent and patent law, the unanimous Court held that liability may be based on purposeful, culpable expression under an inducement theory of secondary infringement. While some of the potential implications of this decision can be predicted, the full effect will not likely be clear for some time.
CD: Research and Surveys: Marketing's Most Underutilized Tools
August 18, 2005
In our industry surveys and research are performed to address timely and relevant issues, trends and data meaningful to today's lawyers, marketers and industry professionals and to gather information on the best and brightest in the legal profession. While surveys attempt to capture current trends in business and attitudes and can be used to increase your business development knowledge, examine trends in the industry so you are two steps ahead of the game, research comes in many forms and is today's smartest way to gain competitive intelligence. Before the television ads, before the radio spots, before the magazine spreads, even before the colorful brochure, comes the research and surveys. Two key and often over looked components valuable to every marketing campaign.
CD: High-Powered Recruiting
August 18, 2005
Recruiting is War. The competition for candidates is intense -- law students, lateral associates, partners with business -- it's brutal. But some savvy firms, large and small, are using aggressive marketing tools and tactics to double, even triple their hiring success. Computer games and giveaways, differentiation and direct mail, micro-sites and mailers -- the sky's the limit, and expert marketers are working in close partnership with Hiring Partners and Recruiting Directors.
How To Choose An EDD Trainer
August 03, 2005
Even the most seasoned litigator may be puzzled by such arcane terminology as deduplication, metatags, blowbacks and concept querying. To make sense of the electronic-data discovery (EDD) process in general, and to further ensure that the litigator is adept in using the selected litigation review and production tools, selecting a trainer with the appropriate skills and pedagogical technique, combined with "real world" experience in setting up review workflows and meeting production deadlines, is nothing short of critical.
Asset Finance: Next-Generation Technology Systems Critical to New Business Model
August 01, 2005
Spurred by increasing customer demands, new competitive pressures and regulatory changes, the North America equipment leasing industry is undergoing dynamic change. It will affect how lessors conduct business for years to come, with companies feverishly developing new products, income streams and distribution channels, while still seeking further operational efficiencies.
