E-Discovery Malpractice Is More Common Than Perceived, LeClairRyan Partner Says – News – ABA Journal

Lawyers beware: the pitfalls of e-discovery may be more complicated than many litigators—even experienced partners—expect or are prepared to handle.

“In short, this is a complex, high-risk task that requires specialized skills and experience. It is not something one does once a year and gets good at,” LeClairRyan partner Dennis Kiker wrote at The e-Discovery Myth. Kiker’s post started with a mention of a malpractice suit against McDermott Will & Emery for alleged failures in managing an e-discovery case that resulted in the inadvertent disclosure of over 3,000 privileged documents.

via E-Discovery Malpractice Is More Common Than Perceived, LeClairRyan Partner Says – News – ABA Journal.

Process Makes Perfect: Some Guidance on Mastering Early Case Assessment | Corporate Counsel

A LexisNexis online survey conducted between Jan. 28, 2007, and Feb. 23, 2007, by Cogent asked 341 practicing litigators at mid-sized (20-75 attorneys) and large (76+ attorneys) law firms across the U.S. a series of 40 questions about their early case assessment and analysis practices, the perceived value of those practices and outcomes they ascribe to early case assessment and analysis. Based on their answers, we can report that the benefits of early case assessment include:

  • Successful outcomes — attorneys responded that, on average, performing early case assessment results in a favorable outcome in 76 percent of cases
  • Strategic planning — 87 percent of respondents said early case assessment is beneficial for determining the best way to proceed with a case
  • Reducing expenses — conducting early case assessment enables attorneys to reduce the litigation expenses in 50 percent of their cases on average
  • Managing budgets — More than half of attorneys surveyed (57 percent) find early case assessment assists in their ability to prepare a more accurate litigation budget

Savvy litigators shouldn’t be put off by the misconception that ECA is all about electronic evidence or that they need some clairvoyant ECA software. ECA is a human process. It is litigation fact-research of the most traditional kind, and for all but a small portion of the work related to Electrically Stored Information (ESI), it is a paper process.

via Process Makes Perfect: Some Guidance on Mastering Early Case Assessment.

Disputes sans frontières | The Lawyer

High stakes: who’s who in the $20bn transatlantic litigation market

There was a time when the idea of cross-border regulatory cooperation was so unlikely it was used by litigators as part of the strategy.

“Things would just take so long because there was no cross-border inter-connectedness,” says one New York-based litigation partner. “Things fell into the ocean.”

Not any more. What used to be a black hole is now one of the driving forces behind the global growth of litigation.

As Clifford Chance’s global head of litigation Jeremy Sandelson points out in our Special Report, starting on page 25, “I believe there will be much greater coordination betweenregulators as they each seek to protect their ’own’ markets while at the same time attempting to get to grips with global issues.”

via Disputes sans frontières | Features | The Lawyer.

Protecting The Data You Don’t Even Know You Have – Computerworld

Let’s assume for a moment that Google’s collection of Wi-Fi “payload” data really was unintentional. And that Google never used the data, didn’t even know it was there and stored it securely. Is it actually a privacy leak if no one has looked at the private data?

That, of course, is a question for lawyers and courts and government regulators.

Now consider: What happens when the various lawyers and courts and government agencies around the world investigating Google’s Wi-Fiasco demand to look at the data Google collected?

It becomes a privacy leak.

After all, in order to see whether there’s any personally identifiable or sensitive data in Google’s big pile o’ Wi-Fi data, somebody has to invade the privacy of the people whose data has been collected. And the prime candidates are litigators, politicians and bureaucrats.

Isn’t that comforting?

This isn’t a defense of Google. Google failed. That has become clear in the month since the search giant admitted that the cars collecting photos for its Street View feature were also collecting samples of the Wi-Fi signals near the cars — and those samples contained actual snippets of any unencrypted Wi-Fi network traffic.

Google failed in many ways, but perhaps its biggest failure was this: It collected data it didn’t know it was collecting. That may sound innocuous. It’s not. It’s an epic failure of good data-management policy.

Look, if you don’t know what you’ve got, you can’t manage it. You can’t keep it secure or retain it as long as you legally should, because you don’t know which rules apply.

Google spent years collecting it-didn’t-know-what. Now it will be paying the price for years — in bad publicity, investigations and lawsuits.

via The Data You Don’t Even Know You Have – Computerworld.

A Litigation Boutique Grows in Manhattan

Regular readers of our Churn feature know there was no shortage of big firm litigators hanging out their own shingles last year. Our colleague Nate Raymond at sibling publication the New York Law Journal checked in with a group of five former Clifford Chance litigators who joined the boutique boom by setting up their own shop to handle international arbitration, reinsurance, and commercial litigation in Manhattan. Here's his profile of the boutique Chaffetz Lindsey.

Writes Raymond, “A recession may not seem like the perfect environment for starting a new law business, but with clients under pressure to manage costs and large firms favoring institutional clients in potential conflicts, dozens of boutiques have popped up offering sophisticated legal expertise at reasonable costs to clients large and small.”

via A Litigation Boutique Grows in Manhattan.