Listening to Jeff Franke talk excitedly about the second annual CLOC Institute brings to mind Martin Luther and the 95 Theses. By nailing his grievances with the Roman Catholic Church to the door of All Saints’ Church in Wittenberg, Germany, the 16th Century theologian triggered waves of profound change across Europe – the Reformation – and his own excommunication.
Continue Reading A Magna Carta for Corporate Legal Services? Legal operations group sets about transforming a system in dire need of change

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 Kellye Walker / Huntington Ingalls Industries

Kellye Walker, general counsel and executive vice president of Huntington Ingalls Industries (HII), understands that GCs wear many hats. She’s not only her company’s top lawyer, she’s also one of its business leaders. And she leads a team of lawyers by trying to set the tone and guide them without getting in their way. The interview has been edited for length and style.Continue Reading Lawyer with a Business Perspective: It’s important for general counsel to remember that they wear more than one hat

By T. Sean Kelly / FTI Technology

T. Sean Kelly, a senior director at FTI Technology, spends a lot of his time helping clients implement, and conduct information governance and e-discovery using, Microsoft Office 365. Kelly previously worked for Johnson & Johnson, where he was responsible for e-discovery issues across business sectors, advising internal stakeholders and outside counsel on best practices in collection, forensic technology, document review and cost control. The interview has been edited for style and length.Continue Reading Ready for an Upgrade? What you need to know about Microsoft Office 365

By Sheryl Koval Garko / Fish & Richardson

Sheryl Koval Garko is an intellectual property litigator in Fish & Richardson’s Boston office who enjoyed recent success in an influential trademark case decided by the U.S. International Trade Commission (ITC). Early in her career she benefitted from her firm’s support of women in its ranks. She still profits from that support, but she has also joined the leaders who have helped expand the ways women are supported. The interview has been edited for length and style.

 MCC: Tell us about your intellectual property litigation practice and the kind of work you do for your clients. What attracted you to IP litigation specifically?
Continue Reading Empowered by IP: A litigator is inspired by the challenges of technology and the support of her firm

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

By Rees Morrison / Altman Weil, Inc.

Many law departments use a request for proposal (RFP) to choose outside counsel to represent them in a major matter, for a portfolio of matters likely to start over a period of time or on a panel. Typical RFPs describe the bidding protocol, expectations of the department and background facts for the firms. These facts generally include work that will likely need to be done, the annual number of similar matters in the past, the distribution of law firms used, fees paid, outcomes achieved, etc. RFPs are a comfortable, familiar tool, often involving the procurement function, but they are quite often heavy on text.Continue Reading Improve RFPs With Data Analytics: Law departments and outside counsel both stand to benefit

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 Veta T. Richardson / Association of Corporate Counsel (ACC)

Veta T. Richardson is the president and CEO of the Association of Corporate Counsel, based in Washington, D.C. Beginning in 2000, ACC has conducted extensive surveys of chief legal officers (which include law department leaders with various titles, including general counsel). Not long after the latest survey of 1,100 chief legal officers from 42 countries was released, she agreed to discuss what she reads in the results. The interview has been edited for style and length.Continue Reading Making Sense of the ACC Survey: Veta T. Richardson interprets what chief legal officers seem to be doing

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