An annotated review of Information Governance Insights columns from 2017

The scope of corporate counsel duties has changed rather rapidly and drastically in the past decade. As companies have quickly begun to digitalize nearly every aspect of their operations, digital information has become the lifeblood and primary asset of nearly all business, in every industry, in every sector. Whether a company makes or sells widgets, transports goods or people, facilitates markets or financial transactions, or provides services of any sort, in the past few years it has also become an information business. The volume of digital information flowing through companies has also grown exponentially in this same short period. Continue Reading

Nondisclosure agreements (NDAs) – also known as confidentiality agreements, confidential disclosure agreements and proprietary information agreements – are something most business leaders and attorneys deal with from time to time. However, few companies have formalized why, when and how NDAs should be used. Different people at the same organization may have very different approaches to using them, resulting in inconsistent protection of a company’s confidential information and potentially jeopardizing company trade secrets. Continue Reading

Article by David Hechler

There’s been a lot of talk about third-party litigation funding in recent months. The industry seems to be doing well – business is apparently booming. And that success has inspired a new entrant into the marketplace.

But what’s new isn’t the company. It’s the product the firm has introduced. The firm is offering a kind of insurance.

The company is called TheJudge, and it’s based in London. TheJudge has been quietly funding litigation in the U.S. for several years now. But in June, it cleared its throat and announced that it was formally launching its U.S. business. And it wouldn’t mind a drumroll and cymbal crash, thank you. Continue Reading

Article by: Michael W. Peregrine

The challenges associated with board oversight duties in “crisis situations,” and related expectations regarding director attentiveness, are highlighted in a recent Wall Street Journal article concerning Theranos. It serves as a reminder of the valuable role that general counsel can play in supporting the ability of directors to satisfy these duties and expectations. Continue Reading

Article by: Charlie Platt / iDiscovery Solutions

I’ve written on this topic before, and despite the danger of sounding like a broken record, I will repeat myself: Cybersecurity is all about risk management. Many of you are likely working with your company’s chief information security officer (CISO) and security teams to help assess and control this cyberrisk. (At least I hope you are.) And one of the first things most security professionals recommend is taking an inventory of your IT assets. In fact, it’s embodied in the first Function of the National Institute of Standards and Technology’s (NIST) Cybersecurity Framework:

“The activities in the Identify Function are foundational for effective use of the Framework. Understanding the business context, the resources that support critical functions, and the related cybersecurity risks enables an organization to focus and prioritize its efforts, consistent with its risk management strategy and business needs. Examples of outcome Categories within this Function include: Asset Management; Business Environment; Governance; Risk Assessment; and Risk Management Strategy.” Continue Reading

Interview with Scott Lefton/AccessData

Scott Lefton is a senior sales engineer at AccessData. Though he is not directly involved in conducting or supervising investigations, he spends a lot of time talking to the people who do, including chief security officers, people in HR and, of course, in-house lawyers. He listens to their “woes,” he said, and suggests software designed to help them. His remarks have been edited for length and style.  Continue Reading

Interview with Mike Koehler / FCPA Professor Blog

 

 When I read The New York Times front-page article in 2012 about Wal-Mart’s alleged bribes in Mexico, I thought it was going to be the U.S. equivalent of Siemens in Germany. Before I ask you about that, can you bring us up to date on Wal-Mart’s FCPA investigation? What has happened over the past five years? Continue Reading

Article by  Rebecca Love Kourlis & Brittany Kauffman / The Institute for the Advancement of the American Legal System (IAALS)

 

Americans deserve a legal system that can resolve disputes fairly, promptly and cost-effectively. But the truth is that runaway costs, delays and complexity are denying people justice and undermining public confidence in our legal system. Recognizing that this must change, in July 2016 the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) adopted a resolution endorsing 13 recommendations designed to secure the fair, speedy and inexpensive resolution of civil cases in state courts. Continue Reading

Interview with Teresa Lavoie / Fish & Richardson

Teresa Lavoie, a principal at Fish & Richardson, didn’t start out planning to practice law. Her background is in science, and her first quasi-legal position was working as a patent liaison at a biotech startup before she decided to attend law school. But that was obviously a good career move. She’s been working with startups ever since, and Lavoie has become one of the most sought-after life sciences patent attorneys in the world. The interview has been edited for style and length. Continue Reading