Risk Management

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Interview with Brian Bauer / PHENIX Investigations, Inc.

 

Brian Bauer, chief executive officer of PHENIX Investigations, Inc., took an unusual path to a career in corporate investigations. He didn’t come from a career in law enforcement, as so many investigators have. But his background helped him hone an approach that has served him well during his two decades in business. And it’s one that a lot of businesses would do well to emulate. It’s all about the clients. The interview has been edited for style and length.Continue Reading Corporate Investigations Made Easy: How one firm lets the clients call the shots

Interview with Frank A. Segall and Scott H. Moskol /Burns & Levinson 

Frank A. Segall and Scott H. Moskol co-chair the cannabis business advisory group at Burns & Levinson, where they have built an unusual practice helping individuals and companies involved in the marijuana industry navigate the complex and rapidly changing legal and business environment. MCC talked to them about the growth and opportunities in this new area of the law. The interview was edited for style and length.Continue Reading Growing Their Own: How one firm is working to bring the cannabis business into the mainstream

Interview with M. Melissa Glassman / McGuireWoods, LLP 

Not every woman starts law school shortly after she starts a family. And of those who do, not all of them decide to go to work at a large firm as a litigator – and somehow survive to tell the tale. But M. Melissa Glassman is not every woman. And Glassman, now a deputy managing partner at McGuireWoods LLP, did a lot more than survive. But she insists she never aspired to be Superwoman. The interview has been edited for style and length.
Continue Reading Finding a Way to Make It All Work: A law firm leader and litigator looks back on her long career

By David White / AlixPartners LLP

Responding to data breaches can be a tricky business. If not managed correctly, corporate liability can easily be exponentially compounded. The key to successfully managing any complex crisis lies in the planning. It’s important to develop a carefully laid-out process long before the fire alarms start ringing. Once they do, there’s usually not much space for thinking of creative solutions. That’s why we map out our escape routes and post them on the wall for all to see.Continue Reading The Data Breach Response: Who Will You Tell?

By Ryan McConnell & Stephanie Bustamante / R. McConnell Group

When you check your weather app, and it says there is a 30 percent chance of rain, have you ever thought about what that actually means? If it says 80 percent, do you assume it will rain (even though there is a 20 percent chance it will not)? If it says there is a 60 percent chance of rain and you see clear skies, are you disappointed or happy?Continue Reading Watching Which Way the Wind Blows: You need good forecasting to build good compliance

By Daniel Garrie / Law & Forensics LLC

Seeking information from social media accounts is becoming commonplace in litigation. Obtaining social media discovery, however, can pose significant challenges, as this information can take many forms, involve different file types, be generated by different users and be extremely voluminous. To avoid pitfalls, requesting parties should avoid blanket requests and be specific about the social media material they want and need. Likewise, responding parties should fully produce social media data responsive to a request, and fully document redacted or withheld material.

Scott v. United States Postal Service

The case of Scott v. United States Postal Service illustrates the importance of tailoring social media requests. Scott was a personal injury case. To help prove the lack of injury, the defendants moved to compel the production of “all postings related to any type of physical or athletic activities from June 6, 2014, to present on all social media websites, including, but not limited to Facebook, Instagram and Twitter.” The plaintiff objected that this request was “immaterial and not reasonably calculated to lead to the discovery of admissible evidence.” The court found that the information sought was relevant but agreed that the request was…
Continue Reading Social Media E-Discovery: How to Request and Respond – Courts have provided guidance for litigators

COMPLIMENTARY WEBINAR
Title: IoT and Disparate Data: A Powerful Combination for Labor and Employment Cases
Date: Tuesday, May 16, 2017
Time: 1:00 PM Eastern Daylight Time

REGISTER HERE!

The IoT is here and the real question is no longer will its data affect litigation, but how can I use it in my current cases to provide a positive and meaningful impact to my clients.  Join Dan Regard and Charlie Platt of iDiscovery Solutions while they talk about how they have helped their clients use IoT and Disparate Data to communicate factual data and tell compelling stories. In this webinar, they will guide you through the basics as well as several case studies which leveraged this data to significant effect.

Continue Reading Complimentary Webinar: IoT and Disparate Data: A Powerful Combination for Labor and Employment Cases

By Thomas S. Markey / McNees Wallace & Nurick LLC

Privacy lawsuits, including consumer class actions and data breach cases, often live or die early in litigation when defendants seek dismissal based on plaintiffs’ lack of standing. In federal courts, where many privacy actions are filed, plaintiffs have standing only if they can establish a “personal stake” in the litigation.

In May 2016, the U.S. Supreme Court decided Spokeo, Inc. v. Robins, a decision that attempted to clarify its interpretation of the federal standing doctrine. In the year since Spokeo, however, a split has emerged among federal appellate courts regarding standing in consumer class-action lawsuits. Recent federal court decisions interpreting Spokeo, along with the well-publicized disclosures of data breaches at Yahoo! Inc., offer insight into how companies can strengthen their cybersecurity programs and minimize their exposure to data breach liability.
Continue Reading Avoiding Consumer Class Actions after Spokeo: Courts are still struggling with the issue of standing

By Pamela D. Hans & Christina Yousef / Anderson Kill

 

A lawsuit of any magnitude can be devastating for your business, whether it manifests its hardship financially or otherwise. The stress of making the right decision for your company’s future can seem insurmountable at times. And just like that, a light at the end of the tunnel: a settlement offer that is reasonable and good for your business. The only problem is that your insurance company will not consent.
Continue Reading Policyholders’ Hands Are Strengthened When Insurance Companies Refuse to Settle: Appellate decisions on a California case suggest the tables may be turning

By Deborah B. Dunie / National Association of Corporate Directors (NACD)

A former CTO of a Fortune 1000 company with significant government experience, Deborah B. Dunie has an enviable resume for board service. She discussed her work with the National Association of Corporate Directors (NACD) advisory services, which recently unveiled a suite of tools and educational offerings to help close the “cyberliteracy” gap on corporate boards. Her remarks have been edited for length and style. Continue Reading Plugging the Cyberliteracy Gap: In confronting enterprise risk, directors should focus on risk tolerance and liability, not threats