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TOP STORIESNovember 1, 2007
EDD Demands Set Global TrapIP Magazine The Columbia Pictures Industries v. Bunnell case resulted in the discovery of global assets. With today's interconnected networks, Drinker partner David J. Kessler explains how U.S. electronic discovery requirements have a global reach that can violate foreign law. Commentary: GCs Should Assert Purchasing PowerLegal Week
Surveying Legal TechLaw Technology News
Ex-Prosecutor Dishes Up Advice to GCs on Government ProbesFulton County Daily Report
Good Law Firms Turning VirtualThe Legal Intelligencer
E-Discovery Looks Like Risky BusinessLaw Technology News
In-House Counsel, Beware!The National Law Journal
Beware of Outsourcing BacklashNew York Law Journal
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You can make a strong case to support the assertion of Peter Kurer, UBS' general counsel, that the legal services market is "dysfunctional." With partner profits having more than doubled over the last decade, it does seem evident that something is not right with the market, says Legal Week's Alex Novarese. Yet it seems hard to fathom why general counsel believe the primary fault lies with advisers. Ultimately, the responsibility to assert purchasing power is the client's, Novarese says.
The ABA's Legal Technology Resource Center surveys private practice attorneys annually to analyze their use of technology. This year, more than 1,800 ABA members responded, with results reflecting a small firm focus and lawyers with a penchant for mobile computing and Internet news.
In a continuing legal education program, Roscoe C. Howard Jr., a partner with Troutman Sanders and former federal prosecutor, dished up advice to in-house counsel on how to prepare for surprise visits from government agents. Here are 15 tips, including: Find out what they're looking for, whom they suspect and when they think it happened. "Your goal is to find out those individuals, separate them and if necessary toss them under the bus," Howard said. "The goal is to protect the company."
Law firms are spending millions of dollars on marketing activities that need to comply with myriad state ethics rules on advertising. One consultant says to put more effort into public relations, but it remains difficult for law firms to blend the virtual world and technology into marketing campaigns.
In "The Singularity is Near: When Humans Transcend Biology" Ray Kurzweil observes that the rate of change is accelerating at an exponential rate. DLA Piper partner Browning Marean applies this principal to the exploding field of e-discovery to unveil some of the risks of the business of EDD.
In a wake-up call for all lawyers -- inside and out -- the Department of Justice has brought a case under the False Claims Act against Christi Sulzbach, the former GC of Tenet Healthcare, seeking millions of dollars based upon her actions as chief compliance officer. The case offers an enlightening -- and frightening -- look at the cumulative impact of some important trends in corporate enforcement in the past two decades. Attorney Dan Small asks if this is sensible targeting or government overreaching.
As offshore outsourcing keeps pace with Internet technology and faster, reliable global telecommunications, attorneys Richard Raysman and Peter Brown warn firms to keep a careful watch on anti-outsourcing legislation that may present practical challenges and new legal requirements.