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WHAT WE'RE WATCHING

CONTROVERSY AND CONSEQUENCES - It looks like Donald Trump's presidency could be ending the same way it began: kicking up controversy for the law firms that represent him and his interests, and raising broader philosophical questions about the perils of taking on divisive clients and cases. And while Trump wasn't the first, won't be the last and is far from the only current client with a spotty public image, he is emblematic of a new kind of reputational risk that could potentially cause more severe problems for law firms than a mere PR headache. In this week's Trendspotter column (the first of a two-parter before a short Thanksgiving holiday hiatus), we'll look at the clients that have sparked the most public pushback on firms recently. Next week, we'll dive into whether the backlash could have real business consequences.

SECRETS, SECRETS ARE NO FUN - In last week's Litigation Trendspotter column, we discussed how the rise of remote work has heightened the risk of employees traipsing off with their companies' trade secrets. As Victoria Hudgins reports, that risk applies to law firms too. "It's bound to happen just because it's easier to monitor an office network, but once you send everyone to work remotely it becomes much more challenging to monitor that data," said Ben Hughes, commercial services practice lead for cybersecurity provider Polito Inc. And it's not only current employees and lawyers that law firms need to worry about (just ask Cole Schotz). Hughes said law firms are—or at least should be—enacting new cybersecurity protocols to thwart attacks on office and personal networks. "I think that's another revolution we're seeing in law firms. You can't just monitor the office anymore, you need to monitor the endpoints such as mobile devices [and] laptops. The shift of emphasis is on the endpoint because it's insufficient to focus on the office network."

YOU CAN'T TAKE IT WITH YOU -  Speaking of lawyers (allegedly) misappropriating confidential info: The Center for Workplace Compliance sued the law firm Littler Mendelson and two Littler attorneys Friday in Virginia Eastern District Court over alleged copyright infringement and violations of the Computer Fraud and Abuse Act. The suit claims that Littler shareholder Lance E. Gibbons and principal Chris Gokturk, both former staff attorneys for the center, misappropriated members-only materials, including memoranda, templates, checklists, guides, and other resources produced for employers. Morgan, Lewis & Bockius represents the Center for Workplace Compliance. Counsel have not yet appeared for the defendants. The case is 1:20-cv-01387, Center for Workplace Compliance (f/k/a Equal Employment Advisory Council) v. Littler Mendelson et al. Stay up on the latest litigation with the new Law.com Radar.

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