Waivers of consequential damages have become the industry standard in construction projects, and these clauses are found in most industry templates, writes Gregory Faulkner in Robinson+Cole’s blog, Construction Law Zone.

“No contractor wants to accept the risk that any one breach could lead to the financial ruin of its company,” he writes. “But does this clause, and others like it, go too far in the other direction?”

“Neither party should rely blindly on standard industry forms to define what losses are recoverable in the event of breach.  A project owner should analyze its potential exposures as part of its overall business plan for the project,” Faulkner writes.

Read the article.

The Texas trial and appellate law firm Godwin Lewis PC, with offices in Dallas and Houston, is changing the firm name to Godwin PC.

The name change reflects the departure of name partner and family law attorney Marilea Lewis, who is leaving to join the Dallas-based family law firm Orsinger, Nelson, Downing and Anderson, LLP.

“This was a natural evolution for Marilea and the best thing for her and her practice at this point in her career,” says Godwin PC Chairman and CEO Donald E. Godwin. “I think the world of Marilea and her work, and this is a very good opportunity for her to practice with an entire firm of lawyers who do family law work and do it very well.”

The newly renamed Godwin PC will continue its primary focus, built over the past 35 years, on business and commercial litigation and appeals. The firm is known for handling some of the biggest business litigation cases in Texas and elsewhere, including its successful representation of Halliburton in the landmark environmental litigation stemming from the 2010 Deepwater Horizon oil spill.

“I’ve so enjoyed working with Don and the other excellent attorneys here,” says Ms. Lewis. “But this was just a very good opportunity at the right time in my career. I appreciate everything Don and the others have done for me.”

Joining Ms. Lewis at Orsinger Nelson from Godwin PC is attorney Lon Loveless, who also practices family law.

Godwin PC is home to attorneys who have been named to multiple top-lawyers lists, including The Best Lawyers in America, Chambers USA and Texas Super Lawyers. The firm also is ranked by Chambers USA, and is named to the 2015 list of the Best Law Firms by Best Lawyers and U.S. News & World Report.

Founded in 1980, Godwin PC is a mid-sized trial and appellate firm with a national practice. With offices in Dallas and Houston, Godwin represents Fortune 500 and middle-market industry leaders in Mission Critical Litigation® throughout the United States.

Renewable energy sources are intermittent in nature, depending on when the sun shines and the wind blows. Because of this, suppliers face “ramp up” and “ramp down” issues, writes Thomas R. Burton III of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. in an article published in The National Law Review.

“Energy storage offers a way to harness renewables at their peak supply and deploy them at their peak demand,” he writes.

He cites programs in Massachusetts  and California as examples of how government policy can help accelerate adoption.

Read the article.

David J. Beck of Houston is being honored by the Texas Association of Civil Trial and Appellate Specialists (TACTAS) with the Lifetime of Excellence in Advocacy Award.

The award recognizes a local attorney who has, throughout their legal career, been an example of excellence in trial and appellate work. The Board of TACTAS nominates attorneys who they feel have consistently been examples of skill, zeal and professionalism, and the nominees are then voted on by the membership.

Beck’s firm, Beck Redden LLP, said in a release that he is consistently recognized as one of the country’s best trial lawyers and has been named in Best Lawyers in America 1985‐2016. “This recognition has grown from the consistent results he has achieved for his clients in his 50 years of practice. From the smallest disputes to the billion dollar cases, David understands the importance of each case to his client, and he approaches each with the same intensity and integrity that has served him – and his clients – so well for so long,” the release said.

Beck will receive the award during a ceremony held at the Four Seasons Hotel on Nov. 18, 2015.

TACTAS was established in 1986 to promote the availability, accessibility and quality of the services of civil trial and appellate lawyers to the public. TACTAS provides service to the public interest and advances the standards of the legal profession in the area of civil trial and appellate practices. TACTAS members include only attorneys and judges who have obtained board certification in Civil Appellate Law, Civil Trial Law, or Personal Injury Trial Law. Through its years of professional service, TACTAS has promoted high standards in professionalism, established principles and networking resources, and has provided integrity and strength for its members (www.tactas.org).

Beck Redden is a litigation firm that handles a wide range of disputes including commercial, oil and gas, product liability, antitrust, securities, environmental, insurance coverage, legal and accounting malpractice, white collar crimes, patent and other intellectual property cases.

California-based Kite Pharma, Inc. (Kite) has entered into a worldwide research and license agreement with Washington-based Alpine Immune Sciences, Inc. (AIS), a privately‐held biotechnology company, to discover and develop protein‐based immunotherapies targeting the immune synapse to treat cancer.

In a release, the company said AIS will grant Kite an exclusive license to two programs from its transmembrane immunomodulatory protein (TIP™) technology, which Kite plans to further engineer into chimeric antigen receptor (CAR) and T cell receptor (TCR) product candidates. Under the terms of the collaboration, Kite will make an upfront payment to AIS of $5 million and additional payments to support AIS’ research. AIS will be eligible to receive milestone payments based upon the successful achievement of pre‐specified research, clinical, and regulatory milestones totaling $530 million plus low single digit royalty payments on product sales.

Latham & Watkins LLP counsel Geoff Kuziemko, based in the firm’s Silicon Valley office, represented Alpine Immune Sciences in the licensing agreement. Silicon Valley partners Patrick Pohlen and Brian Cuneo advise AIS on corporate matters.

The release continues:

“The field of immuno‐oncology has the potential to significantly improve the outcome of patients with cancer,” said Arie Belldegrun, M.D., FACS, Chairman, President and Chief Executive Officer of Kite. “We believe the ability of AIS’ TIP™ technology to modulate the immune synapse can be incorporated into engineered T cell therapies to advance CAR and TCR product candidates into multiple tumor types. This collaboration is another example of Kite’s continuing commitment to advancing our pipeline through transformative technologies grounded in innovative science.”

Under the terms of the collaboration, Kite will make an upfront payment to AIS of $5 million and additional payments to support AIS’ research. AIS will be eligible to receive milestone payments based upon the successful achievement of pre‐specified research, clinical, and regulatory milestones totaling $530 million plus low singledigit royalty payments on product sales. Kite will receive an exclusive, worldwide license to research, develop and commercialize engineered autologous T cell therapies incorporating two programs coming from the AIS platform.

“AIS was established with a team of experienced scientists to capitalize on our keen understanding of immunology and protein engineering,” said Mitchell H. Gold, M.D., Executive Chairman. “At AIS, we have a robust discovery platform to identify molecules capable of directly modulating the immune synapse. We look forward to working with Kite, a company that uniquely understands the complexities surrounding cancer biology.”

About Kite Pharma, Inc.

Kite Pharma, Inc., is a clinical‐stage biopharmaceutical company engaged in the development of novel cancer immunotherapy products, with a primary focus on engineered autologous cell therapy (eACT™) designed to restore the immune system’s ability to recognize and eradicate tumors. Kite is based in Santa Monica, CA.

About Alpine Immune Sciences, Inc.

Alpine Immune Sciences, Inc. is a privately‐held biotechnology company focused on developing protein‐based immunotherapies that harness the body’s own immune system to target cancer and autoimmune disease. AIS has developed a proprietary variant immunoglobulin domain (vIgD™) platform to enhance or diminish an immune response. The vIgD™ platform, unlike other therapeutic approaches in development or available commercially that address a single target, is designed to interact with multiple targets in the immune synapse. AIS has also developed a transmembrane immunomodulatory protein (TIP™) technology, based on the vIgD™ platform, for direct applications with engineered T cell therapies to potentially improve their efficacy and persistence. AIS was launched in 2015 with series seed financing from Alpine BioVentures and is headquartered in Seattle, WA. Alpine BioVentures is a Seattle‐based healthcare venture firm led by Dr. Mitchell H. Gold, Managing Partner, a long‐time executive and pioneer in the immuno‐oncology area, and Jay Venkatesan, Managing Partner, a veteran investor in the biotechnology space.

Kite Pharma, Inc. Forward‐Looking Statements This press release contains forward‐looking statements for purposes of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The press release may, in some cases, use terms such as “predicts,” “believes,” “potential,” “proposed,” “continue,” “estimates,” “anticipates,” “expects,” “plans,” “intends,” “may,” “could,” “might,” “will,” “should” or other words that convey uncertainty of future events or outcomes to identify these forward‐looking statements. Forward‐looking statements include statements regarding intentions, beliefs, projections, outlook, analyses or current expectations concerning, among other things: the ability to research and develop TIP™ technology and to engineer a TIP™ into CAR and TCR product candidates; the success of such product candidates and their ability to overcome the inhibitory mechanisms present in the tumor microenvironment; and the ability to advance Kite’s pipeline through new technologies. Various factors may cause differences between Kite’s expectations and actual results as discussed in greater detail in Kite’s filings with the Securities and Exchange Commission, including without limitation in its Form 10‐Q for the quarter ended June 30, 2015. Any forward‐looking statements that is made in this press release speak only as of the date of this press release. Kite assumes no obligation to update the forward‐looking statements whether as a result of new information, future events or otherwise, after the date of this press release.

Brian D. Miller has joined the Washington, D.C., office of Rogers Joseph O’Donnell, P.C. (RJO) as a shareholder.

“Brian has a distinguished record of public service,” the firm says in a release. “As Inspector General of the GSA from 2005 until May 2014, Brian was highly regarded for his vigilance in prevention of public waste and corruption. Earlier, Brian held several notable positions at the Department of Justice, including a senior management role at the U.S. Attorney’s Office for the Eastern District of Virginia, Special Counsel on Health Care Fraud/Senior Counsel to the Deputy Attorney General, and as an Assistant U.S. Attorney in the Eastern District. Most recently, Brian was a Managing Director of Navigant Consulting.”

In the last year, the firm says on its website, Miller designed and supervised an internal audit for potential False Claims Act liability, conducted an internal investigation/review, and advised clients regarding government contracts issues and potential disclosures to federal agencies.

Read the announcement.

Software publisher Adobe Systems Inc. actively investigates its existing customers to determine whether each customer has properly licensed Adobe software, or is committing copyright infringement, reports Keli Johnson Swan, an associate at Scott & Scott LLP.

Her article follows:

Adobe often pursues its customers directly, but sometimes grants a power of attorney for BSA | The Software Alliance to pursue copyright infringement claims on its behalf. In each instance, Adobe requires its customers to prove ownership for each and every license for all copies of Adobe products installed on a customer’s computers, or face harsh monetary penalties.

Adobe license terms often change as each new product is released, which means that the way a customer may have previously been licensing software is no longer valid.

For example, historically, Adobe has offered easy paths to upgrade older Adobe software by allowing components of Creative Suite to be upgraded to a full suite. However, that changed with Adobe Creative Suite 6, which stopped allowing customers to upgrade from a component of the suite to the full suite.

The change has created an obstacle for clients with older products installed on its network to track the upgrade paths and prove ownership of the upgraded products. While a client may have previously been able to upgrade CS3 Dreamweaver to Creative Suite 5 Design Premium, that is no longer the case for Creative Suite 6. Beginning with CS6, Adobe requires a customer to have an existing license for the full Creative Suite in order to upgrade to a CS6 Creative Suite. However, customers may still upgrade older standalone products to the newer version of the same product.

It is important for customers to keep an accurate record of each underlying license for its Adobe upgrades in order to prove it is compliant with the current software licensing terms, and avoid potential copyright infringement damages. When in doubt, a customer should consult with an attorney with experience defending against software audits.

James S. Brady, office managing member of Dykema’s Grand Rapids office, has been selected to receive Western Michigan University’s Distinguished Alumni Award for 2015. He will receive the award Friday, Oct. 30, at WMU’s Bernhard Center alongside fellow distinguished alumnus Thomas P. Englert, former CEO of Discount Tire Co. Inc.

Established in 1963, the Distinguished Alumni Awards program honors and celebrates alumni who bring distinction to their alma mater through professional accomplishments and who have achieved a high level of success in their careers. Alumni are nominated by their peers and selected by the WMU Alumni Association Board of Directors.

Brady earned a B.S. in political science from WMU in 1966. In 1987, he was appointed to the WMU Board of Trustees, serving with distinction through one of the University’s greatest periods of growth. He also previously served as a member of the WMU Foundation Board of Directors, holding such positions as board chair and chair of the Committee on Directors.

Earlier this year, Brady received the Marion Hilligan Public Service Award from WMU’s Cooley Law School, which is given annually in recognition of “contributions by a lawyer in public service to area governmental bodies or community organizations, reflecting greater individual responsibility in promoting public health and welfare through law.”

In his practice, Brady focuses on business and commercial litigation, white collar investigations, criminal law, health care fraud and environmental and energy law. He is former United States Attorney for the Western District of Michigan.

Outside of his practice, Brady’s involvement in the community and his reputation as a mentor are well-known. He serves as chair of Emmanuel Hospice, as a board member and former chair of St. Ann’s Skilled Nursing Home, and as a board member of Catholic Charities West Michigan. He also previously taught at WMU’s Cooley Law School.

Business advocacy group Chicago United has selected Everett S. Ward, a member of Quarles & Brady LLP’s Real Estate Practice Group, as one of 50 local business executives to be featured in its newest Business Leaders of Color (BLC) publication. Ward and his fellow honorees will be recognized during Chicago United’s 47th Anniversary Gala and Bridge Awards presentation on Thursday, Nov. 12, at the Hilton Chicago.

The Chicago United Business Leaders of Color are recognized as individuals who have a proven track record of balanced decision-making and appreciation for multiple perspectives, have a range of experiences that reflect flexibility and the ability to transcend narrow experiences and issues, and have an ability to respect diverse points of view and varied ways to approach issues and topics. The BLC has been released every two years since 2003, highlighting exceptional corporate and civic leaders who currently serve, or are ready to contribute, as board directors for Fortune 1000 companies.

The 2015 honorees were selected from a pool of more than 125 exceptionally qualified candidates from a wide variety of product and service industries. Additional past BLC members include First Lady Michelle Obama; Valerie B. Jarrett, senior advisor to President Barack Obama; Don Thompson, CEO of McDonald’s Corp.; Amir Shahkarami, CEO of Exelon Nuclear Partners; Luis Sierra, president of BP Aromatics – the Americas, Europe and Middle East at BP; Adela Cepeda, owner and president of A.C. Advisory, Inc.; Sue Ling Gin, founder and CEO of Flying Food Group LLC; and Lou Nieto, board member, AutoZone & Ryder. Kwame Y. Raoul, Quarles & Brady attorney and Illinois State Senator, was an honoree in 2013.

Ward has extensive experience representing financial institutions, REITs, corporations, and other clients in real estate acquisition, disposition, and financing transactions throughout the United States. He is a Fellow of both the American College of Real Estate Lawyers (ACREL) and the American College of Mortgage Attorneys (ACMA). He also serves on the board and executive committee of the Oak Park Economic Development Corporation, is a member of the Economic Club of Chicago, and is a member of the Board of Trustees of The Field Museum of Chicago.

About Chicago United
Chicago United is an advocacy organization that promotes multiracial leadership in business to advance parity in economic opportunity. Chicago United supports the business community’s need to maximize the use of corporate and entrepreneurial talent and brings together diverse senior business leaders to break through barriers and realize the benefits of diversity and inclusion. Chicago United is a premiere business membership organization creating an environment where racially diverse CEOs and executive-level managers can share common experiences to promote multiracial leadership in governance, management, and business partnerships. It delivers best practices for diversity practitioners and fosters relationships among leaders who share common values. For more information, please visit www.chicago-united.org.

About Quarles & Brady LLP
Quarles & Brady is a full-service AmLaw 200 firm with more than 475 attorneys offering an array of legal services to corporate and individual clients that range from small entrepreneurial businesses to Fortune 100 companies, with practice focuses in health care and life sciences, business law, labor and employment, real estate, data privacy and security, and complex litigation. The firm has offices in Chicago; Indianapolis; Madison; Milwaukee; Naples, Florida; Phoenix; Scottsdale; Tampa; Tucson; and Washington, D.C. Additional information can be found online at quarles.com, as well as on Twitter, LinkedIn, and Facebook.

The LexisNexis CounselLink strategic consulting team will present a complimentary webinar on alternative fee arrangement (AFA) implementation.

The webinar will be Tuesday, Nov. 17, at 11 a.m. EST.

The event will cover: Current AFA statistics that show you’re in good company; AFA approaches that deliver win/win results for both legal departments and law firms; and a practical model that minimizes risks and guides you from planning to measuring success.

Kris Satkunas, director of Strategic Consulting, will lead the webinar.

Register for the webinar.

Cyber Revolution, Inc., a provider of solutions designed for small and medium sized law firms, has announced that it has been selected as a Premium Solution Provider to the ABA Law Practice Division.

“Cyber threats are constantly evolving to overcome security barriers, but our affordable Cyber Security monthly plan provides the protection that small and medium sized law firms need to stay ahead of current and future cyber threats. Being proactive is the only option for law firms to protect themselves,” said Nicolas Chaillan, CISO of Cyber Revolution, Inc.

In a release, the company said:

Cyber Revolution’s Serenity Plan provides an affordable and simple cyber security solution for law firms. Led by Cyber Revolution’s team of world-renowned experts, the Serenity Plan includes a yearly audit, employee trainings, risk assessments, 24/7 emergency support and Cyber Revolution’s proprietary Law Firm Cyber Security Certification program.

“Cyber Revolution’s Certification Seal can be used to assure current and prospective clients, regulators and insurance providers that your firm has taken the necessary steps to implement effective and secure procedures and processes that will limit exposure and protect their license, reputation and clients’ data”, Chaillan added.

Cyber Revolution hopes that with its relationship with the ABA, it can spread awareness of cyber security in the legal field through educational outreach, trade shows, professional publications and the ABA’s extensive network. Moreover, Cyber Revolution hopes to empower small to medium sized law firms that traditionally find themselves either too small or resource constrained to proactively take control of their digital security.

“This is the solution that everyone was waiting for. Cyber Security protections used to be too expensive and scary for small law firms like us. Cyber-Revolution’s Threat Brief and Report was thorough and insightful – exposing vulnerabilities not only to my systems but all aspects of my firm that could result in the unintended disclosure of critical information. Their level 3 certification will soon be the standard by which all lawyers will have to safeguard information,” said David J. Dischley, of the Law Office of David J. Dischley, PLC.

About Cyber Revolution, Inc.

Cyber Revolution has more than 15 years of experience in the Cyber Security industry, with leadership from Founder and Chief Information Security Officer, Nicolas Chaillan. Chaillan was an early pioneer and contributor to the computer language PHP. Chaillan developed two secure payment solutions for French banks and is considered a top industry expert in Cyber Security, the company said in a release.

iCONECT has prepared an infographic guide to help in improving document review. The company has made that infographic available for free download.

“2016 budgeting season is here and many firms find themselves disenfranchised from their document review platform of choice, or worse, forced to lock themselves into a long-term commitment for an expensive, unwanted bundle, that doesn’t even qualify as best-in-class,” the company says on its website.

The infographic is designed to help take a document review platform beyond the status quo and choosing the best platform for the job.

Download the infographic.

Christopher M. Schultz has become Executive Vice President and General Counsel of Level 2 Legal Solutions, a leading e-discovery and legal services outsourcing firm. Schultz goes to Level 2 from the AmLaw 50 firm Perkins Coie, where he was the founder and co-chair of the firm’s e-discovery practice.

“I have partnered with Level 2 on the most complex and sensitive of cases over the years and have watched them position themselves right where I want to be  ̶  at the intersection of technology and unparalleled personal attention to clients’ needs,” said Schultz. “There is a new value model quickly emerging in the legal world, and the opportunities are tremendous for Level 2.”

Schultz joins Level 2 after more than 16 years with Perkins Coie. He formed and co-chaired the E-Discovery Services & Strategies legal practice at the firm in 2007 and quickly established himself as one of the first experts in the new world of e-discovery law. A faculty member for The Sedona Conference, the legal sector’s premier forum dedicated to the advancement of e-discovery law and policy, Schultz graduated summa cum laude from the University of Arizona James E. Rogers College of Law where he was an editor of the Arizona Law Review.

“Schultz’s extensive relationships range from Fortune 50 corporations to technology startups, having provided advice and expertise on the legal and technical issues surrounding data retention, corporate compliance, document production and the full scope of e-discovery in litigation and investigations,” the company said in a release. “He has also served as a key discovery expert in a number of high-profile intellectual property and employment class-action matters.”

Read more about the move.

Technology companies can preserve both significant sums of money and valuable intellectual property rights if they take action when a customer or business partner files for bankruptcy protection, according to a report published on the Buchalter Nemer website.

Shawn Christianson, Valerie Bantner Peo and Ivo Keller wrote the article.

“Far less effort is usually required to preserve these rights than what may be involved in a major piece of litigation; but, in almost every case, the company must take timely steps to ensure that its interests are protected,” they write.

They discuss measures that technology companies can take, and the procedures they should be aware of, to protect their rights in this area of law.

Read the article.

The International Association for Contract & Commercial Management will present a free, three-week online course offering ideas and insights into the world of business and trading relationships. This course will be a repeat of an April event.

Starting on Nov. 9, “the three week course will help you to better understand what is involved in commercial business relationships, and the process of managing contractual agreements,” IACCM says on its website. “You will learn how a person’s or organization’s objectives – and those of their customers and suppliers – can be achieved in an effective way, without threat or failure.”

Three modules, 5-10 minutes each, are released each week. They are recorded so participants can listen at their convenience.

Topics include:

• Relationship fundamentals; the things that can go right or wrong in commercial relationships
• The rules that govern public and private sector procurement
• The complexities of supply chains and networks that are a feature of many contracts
• How to manage interdependencies and the needs of multiple stakeholders
• Judgment and the data needed to inform it

Register for the course.

Contract managers carry with them a lot of valuable knowledge, data and wisdom, so it is important that a business captures this information so that when an employee contract manager leaves the company, these gems do not exit with them and can be leveraged for future use, reports ContractRoom on its blog.

The post outlines a list of information and valuable data a contract manager holds and why it should be captured, such as “Knowledge about the terms or specific parts of contracts that caused the most amount of pain in specific transactions,” and “Knowledge of the personalities people have with whom you negotiate regularly,”

Read the article.

The latest of a line of recent cases in which the U.S. Supreme Court has weighed the enforceability of class action waivers in arbitration agreements was before the court on Oct. 6, 2015, when the court heard oral argument in DirecTV, Inc. v. Imburgia, et al., No. 14-462, reports James A. McKenna of Jackson Lewis.

“These decisions almost uniformly have favored arbitration, and many employers have adopted and successfully utilized arbitration agreements containing class action waivers,” he explains.

DirecTV’s customers signed agreements requiring claims relating to the agreement or to the company’s service to be decided by binding arbitration on an individual basis. “Arbitration on a class basis was specifically prohibited. At the time Amy Imburgia signed the agreement, the controlling California law was the “Discover Bank rule” announced by the California Supreme Court in 2005. Under the Discover Bank rule, almost all consumer arbitration agreements containing class action waivers were deemed unconconscionable and, therefore, unenforceable,” according to the article.

Read the article.

An article in Kane Russell Coleman & Logan’s new Energy Law Today blog reports on a case before the 5th U.S. Circuit Court of Appeals that raises the question: “When will an anti-indemnity statute bar an often well-crafted legal indemnity term in a master-service agreement?”.

The case is Tetra Techs., Inc. v. Continental Ins. Co., No. 15-30446.

“In Tetra, the commercial fight was between Tetra, which sought to enforce an indemnity clause against its subcontractor, Vertex Services.  Continental, Vertex’s insurer, tried to block any indemnity payment, relying, in large part, on the LOAIA,” writes Andrea (A.J.) Johnson.

“The district court held that the decommissioning of a platform in a salvage operation did not come under the LOAIA, and, thus, Tetra’s claim for indemnity was enforceable. In opposition, appellant Continental contends that the trial court too restrictively interpreted the [Louisiana Oilfield Anti-Indemnity Act].”

Read the article.

When you become a new general counsel, building your peer network is an important step in developing a support system as you prepare to face challenges in your organization, write Ilene Rosh and Kimberly Lerman in Major, Lindsey & Africa’s In Brief blog.

“We recommend that you look for opportunities to network wherever you can find them. There are many associations and trade groups that offer regular events, ranging from annually to monthly.” they write.

The benefits of attending networking events include connecting with key influencers, increasing your visibility, sharing knowledge and advice, and growing your confidence.

Read the article.

Every IG, IS and EDD project should start by defining the objectives and assembling the right team of people for the tasks ahead. The second stage is to conduct a complete and accurate inventory of the data sources implicated by the project scope, reports QDiscovery on its website. Indiana attorney Helen Geib wrote the article.

The article continues:

Taken together, stages one and two lay the groundwork for the final stage of accomplishing the objectives.

Making it happen — and doing it right — is undoubtedly the most challenging and complex part of any project, and the point at which most stalled or unsuccessful efforts founder. However, it can be made more manageable by breaking it down into a series of mini-stages, each building on the one before:

1. Make a plan.
2. Evaluate technology options.
3. Implement new systems and policies.
4. Educate and train employees.
5. Audit compliance on an ongoing basis.

To flesh out what these steps look like in practice, the balance of this post outlines a typical project in each area.

A) eDiscovery

Objective: Produce responsive ESI from an inventory management database in a readable format.

Team: Outside litigation counsel, records custodian

Project Steps:

1. Make use of the built-in searching and reporting capabilities of the database to identify, collect and produce the relevant data.
2. Schedule an online demo of the database with a records custodian (an employee who regularly works in the database). Look at the forms to identify potentially relevant fields, ask about search capabilities and go over options for standard and custom reports. Select the best format after reviewing sample reports to assess readability.
3. Direct the client to generate a report, in the selected format, that includes the field entries that are responsive to the requests for production subject to appropriate limitations, such as a date cut-off.
4. Not applicable (but note that employee education is important in eDiscovery in the context of litigation holds).
5. Repeat step three as needed to comply with continuing obligations to supplement discovery.

B) Information Governance

Objective: Improve overall company compliance with records retention requirements, while also making it easier for employees to find useful documents and collaborate on creating and reviewing documents on a day-to-day basis.

Team: Legal department, IT and department managers

Project Steps:

1. Develop and implement a comprehensive records management policy for unstructured data (e.g., MS Office files, PDFs).
2. Research the capabilities, system requirements and costs of document management systems such as Sharepoint and Office 360. Select the best solution in light of employees’ access needs, typical file types, data volume, the relative complexity of regulatory retention requirements, IT infrastructure and staffing, and of course, the budget.
3. Write or revise as needed a records retention schedule for the different categories of company information within the scope of the project. Develop practical guidelines for organizing and saving documents. Finally, roll out the new DMS.
4. First, educate employees in the legal and business reasons for adopting the new system and the costs to the company from not complying with retention policies. Second, provide technical training in using the software.
5. Set and follow an appropriate schedule for making regular and/or spot audits of employee compliance with the retention schedules specifically and the new document management guidelines more generally.

C) Information Security

Objective: Protect the company against garden variety cyber-attacks.

Team: IT

Project Steps:

1. Install and/or upgrade cybersecurity software for secure email use and web browsing.
2. Conduct due diligence on firewall, anti-virus and encryption solutions and select the best software tools.
3. Install the selected software on the server and individual workstations.
4. Hold mandatory employee training sessions on safe web browsing, spotting phishing emails, promptly reporting suspected viruses to IT staff and similar topics.
5. Actively manage software updates, install software on all new computers and continue to hold employee training sessions on an occasional but ongoing basis. Constantly monitor for cyber threats and troubleshoot issues as the need arises.