Tom Stephenson

What is the #eDiscovery Case of the Year? As you plan your schedule for #RelativityFest next week, please join us for the #CaseLaw Update on Thursday, Sept. 27, at 1PM CT, where where we'll try to answer that question with leading experts. We'll have judicial insights from Judge Allison Goddard and Judge Andrew Peck (Ret.) of DLA Piper, case law perspectives from eDiscovery Today with Doug Austin, and Kelly Twigger's take on case law developments along with the latest data from eDiscovery Assistant. We'll be looking at case law involving #ArtificialIntelligence, #Hyperlinks as attachments, the #Sanctions leap from Fed. R. Civ. P. 37(e)(1) to 37(e)(2), and we'll see if anything has changed in the use of Fed. R. Evid. 502(d). Tom O'Connor will have the first audience question from his #EDRM program insights. You can register to join online or in person here: relativityfest.com. Relativity Association of Certified E-Discovery Specialists (ACEDS) EDRM - Electronic Discovery Reference Model #law #litigation

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📣 EVENT ALERT: As Outside Counsel Guidelines (OCGs) grow more complex, law firms face pressure to ensure compliance, keep clients informed, and manage billing. AI offers promising solutions, but navigating its risks requires careful planning. Join Williams Lea and Sandpiper Partners on Oct. 16 in New York for our OCG roundtable, where industry experts will share insights on integrating AI with best practices to boost efficiency and compliance. Register now ➡️ https://hubs.la/Q02Q5L5Q0 #WilliamsLea #OutsideCounselGuidelines #LegalBilling #Ebilling #LawFirms #LegalSupportServices

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More Spokeo (and Transunion v. Ramirez) influences in the debt collection space....mere confusion resulting from not following the fair Debt Collection Practices Act (FDCPA) law does not create sufficient standing to bring an action. Folks who are not lawyers or who don't engage in consumer litigation likely wonder why I often reference Spokeo. I am referring to a prior U.S. Supreme Court case that held that even if a party violates the letter of the law, you (as a private litigant) still may be unable to sue them in (federal court) unless you can prove how you were concretely damaged by that violation. In the consumer financial services and privacy law worlds, Congress has created many laws with specific conduct requirements , such as requiring a debt collector to reveal the name of the original creditor in a debt collection communication so the debtor can lookup other details related to the transaction that created the debt. Under the Spokeo doctrine, if these conduct requirements are violated, you still may have no basis to sue unless you can prove some form of concrete damage to you. In the data privacy realm, this sometimes means that those who have had their data improperly leaked (the Leakee ?) have no cause of action against the Leaker unless the Leakee can show he/she was damaged somehow by the violation.

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Who do law firm chairs and managing partners look to when they need advice? Lisa Smith and Fairfax Associates advise and bring their deep expertise to many of the world's most successful law firms (and those that aspire to be in that company). On today's episode of Big Law Life, Lisa and I talk about: * The evolution of compensation structures in BigLaw; * How firms are shifting from focusing on billable hours to emphasizing profitability and origination; * The ability of high-value partners to move firms in a competitive market; * Managing lateral hiring, and evaluating candidates with a careful analysis of their expected performance; * Ways to develop leadership pipelines and develop future firm leaders; * How rising billable rates are a key driver in advancing profitability; and * The impact of AI technology on legal services and client expectations. If you're a law firm partner in a management role, or looking to understand better how law firm leaders are viewing their roles and working to meet firm goals you won't want to miss this episode! Check it out at: https://lnkd.in/dCENn53Y #biglaw #lawyerlife #lawfirms #lawfirmstrategy #lawfirmmanagement #lawfirmleadership #lawfirmpartnercompensation #lawfirmeconomics #lawfirmfinancials #attorneys #lawyers #legalindustry #lawfirmlife #lawfirmsuccess #amlaw25 #amlaw50 #amlaw100 #amlaw200 #globallegal100

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Get insight into the aftermath of the Francis Scott Key Bridge collapse! Legal experts weigh in on potential coverage disputes and subrogation claims. Don't miss Partner Michael Savett's analysis!   •   •   •   https://lnkd.in/ebtRFGJD #InsuranceLaw #LegalInsights #Subrogation #ButlerLegal

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The New York State Commission on Ethics and Lobbying in Government is rolling out changes to its online lobbying application/filing system in conjunction with regulation changes that are taking effect in December 2024. Any contact currently listed in the Commission’s lobbying application system should have received a notice recently, and this GT Alert is intended to address questions that filers may have as a result. Read more in this #GTAlert written by Josh Oppenheimer and Cathryn Crummey: https://buff.ly/4h0fvnw. #GTNewYork #NYGovernment #GovernmentLaw #Lobbying

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'New C-suite roles must be integrated, not balkanized'  Many points raised in Forbes's recent article on Big Law hiring resonate with the findings in our Q3 Technology & Transformation Executive Hiring Analysis. We’re seeing a clear upward trend in hiring at the C-level as law firms drive transformation to stay competitive. We’re in the final stages of completing our report, If you’d like a copy, please register via the link in the comments.

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There were over 5,200 discovery rulings in 2023 and 4,000 more in 2024 so far. This surge reflects the increasing complexity of eDiscovery and its critical role in litigation. Last week, we heard from Kelly Twigger and Daryl Greene, CEDS from eDiscovery Assistant during a breakout session that dove into the kinds of developments shaping the industry. Here are some of their insights: Preservation Challenges with Ephemeral Messaging:   - Example: In re Google Play Store Antitrust Litigation – sanctions for failure to preserve Google Chats set to auto-delete.   - Emphasizes need for robust preservation policies for all communication platforms. Evolving ESI Protocols:   - Continued challenges with production formats and handling complex data sources.   - Importance of clear, agreed-upon ESI protocols to streamline discovery. Impact of Generative AI:   - Use of AI tools like TAR (Technology Assisted Review) for managing large data volumes.   - Concerns about accuracy, bias, and data security. -*Handling Hyperlinked Files:   - Disputes over whether hyperlinked documents count as attachments in discovery.   - Example: UAB "Planner5D" v. Meta Platforms, Inc. – court addressed production of hyperlinked files. - Early Case Assessment (ECA):   - Focus on using advanced analytics and machine learning for targeted data collection.   - Leads to cost savings and better-informed legal strategies. - Proactive Information Governance:   - Emphasis on comprehensive data management policies to mitigate risks.   - Addresses compliance, cybersecurity, and privacy concerns. Staying updated on current case law is of the utmost importance is this ever-evolving digital landscape. Thank you to Kelly and Daryl for sharing their expertise! #CaseLaw #eDiscovery #LegalTech #Atlanta

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⭐ The new #NAWLResearch Report is here! ⭐ For the first time, instead of surveying law firms, NAWL surveyed individual in-house counsel. We wanted data comparing the pros and cons of in-house versus law firm positions. The results of this year’s survey shed light on the ongoing debate over whether in-house positions offer superior environments for women and other minorities. Discover what we learned: https://lnkd.in/geaR43rn 💬 Do our findings surprise you? #NAWL #InHouse #LawFirm #WomenLawyers

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While this may seem like just another case against the SEC, Bitnomial, with its clean track record, seems to be in a unique position to advocate for a court ruling here that could have significant impacts to the industry. A favorable outcome would not only be another court bolstering Judge Torres' ruling regarding secondary sales, but potentially could extend far beyond that. Should the court rule in favor of Bitnomial, this could establish a precedent that clarifies regulatory jurisdiction within the digital asset derivative space. Such a ruling would confirm that the SEC lacks authority over crypto-based derivatives and, more crucially, affirm that the underlying assets are not classified as securities. Will be interesting to see how this one plays out.

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Learn more about the Center's recent white paper, "Artificial Intelligence in Legal Practice: Benefits, Considerations, and Best Practices," through AI Working Group Chair and white paper contributor Kevin McCarthy (Larson • King). Read the full white paper here: https://bit.ly/3JJyTWh. #DRICommunity #DRILawyer #DRITheCenter #PublicPolicy #Legislation #Advocacy

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I saw a recent article from Artificial Lawyer speaking to Jon Fowler on "How Will GenAI Change eDiscovery" It was a very in-depth article, covering (in part) his history with eDiscovery. One of the points mentioned that jumped out at me was the point that many lawyers expressed concerns that predictive coding would replace human judgment (where is Sarah & John Connor when you need them 😝). It also talks about how deepfake's could affect the future for eDiscovery. I felt is was a great insight into how an expert in the Legal Tech Sector sees the future of eDiscovery, The good, The Bad and The Ugly (2nd film drop). I feel that it is definitely worth reading, so have included the link below. #eDiscovery #GenAI #LegalTech https://lnkd.in/ebYBx3Z9

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✨ TIP TUESDAY ✨ Case management meetings bring together legal teams to strategize, collaborate, and align efforts toward achieving successful outcomes for clients. They ensure everyone is on the same page regarding case strategies, objectives, and timelines. They also provide a platform to evaluate progress, address challenges, and adapt strategies to ensure clients' needs and expectations are met. Active engagement in case management meetings can lead to many benefits for paralegals: 🗒 Increased Responsibility: Demonstrating your knowledge and practice involvement during these meetings can lead to greater trust from colleagues and supervisors, potentially opening doors to more challenging assignments and increased responsibilities. 🗒 Networking Opportunities: Building relationships with other team members, including attorneys and paralegals, can expand your professional network and create opportunities for mentorship and career advancement. 🗒 Skill Enhancement: Actively participating in case management meetings allows you to sharpen various skills, such as critical thinking, problem-solving, and communication skills. Case management meetings are not just routine gatherings; they present invaluable opportunities for paralegals to contribute meaningfully, grow professionally, and make a tangible impact on client outcomes. Check out Misty Murray's blog post for a detailed case management meeting checklist. Consider organizing these meetings for your team, and share your experience(s) in the comments below! #fbaparalegalsection #fairfaxbarassociation #paralegals #legalassistants #tiptuesday #casemanagement

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When Overreach Meets Accountability: 🗽SEC's Dealer Rule Vacated on the Day Gensler Announces Resignation🫡 🔄In a poetic twist of fate, Gary Gensler's SEC tenure ends as the courts deliver a decisive critique of his regulatory overreach. On November 21, 2024, Judge Reed O'Connor of the Northern District of Texas vacated the SEC's controversial Dealer Rule, a decision that reverberates across crypto and financial industries. On the same day, Gensler announced he would step down as SEC Chair effective January 2025. 🛡The Dealer Rule: A Step Too Far The SEC’s Dealer Rule attempted to redefine “dealer” under the Exchange Act, targeting digital asset markets and traders who provided liquidity. The rule’s broad language threatened to sweep DeFi participants—those using liquidity pools, decentralized exchanges, and smart contracts—into the same category as traditional market dealers. But Judge O'Connor’s ruling was a stark rebuke. The Court noted: 🧐The rule erased a century-old distinction between “traders” and “dealers,” violating the Exchange Act’s intent. The SEC overstepped its statutory authority, with Judge O’Connor emphasizing, “The Rule as it currently stands de facto removes the distinction between ‘trader’ and ‘dealer’ as they have commonly been defined for nearly 100 years.” The Impact on DeFi and Innovation DeFi protocols operate without traditional intermediaries, enabling peer-to-peer liquidity through open-source software and smart contracts. The SEC’s attempt to regulate such automated systems as “dealers” was seen as a direct assault on innovation. 😴A Reflection on Gensler’s Leadership Gary Gensler’s tenure at the SEC has been marked by aggressive enforcement, particularly targeting crypto markets. While his policies aimed to increase investor protections, many argue they stifled innovation and lacked clarity. 🫥👮The SEC’s repeated losses in courts—Ripple, Grayscale, and now the Dealer Rule—underscore the growing judicial pushback against regulatory overreach. Gensler’s resignation opens the door for a leadership shift, with potential candidates like Dan Gallagher and Paul Atkins signaling a more industry-friendly regulatory approach. 🧭What’s Next? This ruling is not just a legal victory; it’s a pivotal moment for how regulation adapts to innovation. With Gensler’s departure, the SEC faces a choice: continue on a path of contentious enforcement or work towards a balanced framework that supports both investor protections and technological growth. 🤞🗿For the blockchain industry, this is a reminder that vigilance and advocacy are essential. The Court’s decision reinforces the importance of adhering to legislative intent, especially as regulators grapple with the challenges of emerging technologies. 📢As one of the plaintiffs stated: "This is just the first domino. Innovation must prevail over overreach." #CryptoRegulation #DeFi #SEC #GaryGensler #Blockchain #Innovation

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ANNUAL MEETING PROGRAM SPOTLIGHT        In-house counsel frequently complain that outside counsel do not appreciate the importance of corporate budgeting and the need for realistic estimates of litigation costs. An optimistic estimate is often made at the beginning of the case and then after years of expensive litigation costs, the case results in an unexpectedly high settlement or verdict, leaving in-house counsel to deliver an unpleasant message to corporate leadership. But a “worst case scenario” estimate is not what in-house counsel are looking for either. They don’t want their “expectations managed.” They understand there is uncertain risk and that things change in litigation. What they want is for their case to be managed efficiently, effectively, and without surprises.    Join panelists Roddy Bourke (McCann FitzGerald LLP), Sarah M. (Mazda Canada Inc), Steven Rosenhek (Fasken), and George Wolf (HNTB) who will explore opportunities to balance a realistic understanding of the needs of outside counsel to develop a successful but cost-efficient resolution of a case, with the needs of the client to have timely information to evaluate a reasonable outcome consistent with running its business. #iadcmeetings     Join us at the Annual Meeting in Vancouver: https://lnkd.in/gjHmUH92   

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🚨 For corporate in-house legal teams, outside counsel billing can be a black box. Surprise charges – and unexpectedly high bills – come up with frustrating regularity, leading to a lack of control over legal spend. But it doesn’t have to be that way. One way to increase transparency is to bring oversight of the discovery work in-house with a modern ediscovery solution. A platform like Everlaw records all time spent by outside counsel on all matters, allowing in-house teams to easily access reports detailing what work was done and how much time was spent.  Read more about the advantages of having real-time access to performance data, including the ability to: ⚡ Compare invoices against activity tracking reports to identify discrepancies ⚡ Monitor legal spend proactively and identify potential issues early ⚡ Base discussions on metrics, not incomplete information, fostering stronger communication and collaboration with external partners 👉 https://lnkd.in/grGnzmVy  #Ediscovery #LegalTech

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In this LexisNexis Practical Guidance Practice Note video, Labor and Employment Department Shareholder Brandon Shemtob explains key takeaways from the U.S. Supreme Court’s ruling for Starbucks v. McKinney and how it presents a greater challenge for the #NLRB to obtain immediate #injunctions. Learn more in the video: https://lnkd.in/exuC3P9E #laborlaw

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