A decade-long construction defect battle involving a South Padre Island, Texas, luxury condominium complex damaged during Hurricane Dolly has been resolved in a take-nothing defense win secured by attorneys of the West Mermis law firm for the general contractor, G.T. Leach Builders.

The condominium developer, Sapphire, initially sued its insurance brokers for negligence for allowing the builder’s risk insurance policy to expire, leading to claims for extensive damage to the Sapphire condominium project from the 2008 storm. Nearly three years later, G.T. Leach and several of its subcontractors were added to the $30 million lawsuit.

The trial team, led by Lawrence J. West, presented evidence proving that the developer’s allegations of multiple breach of contract claims were unsupported, according to the firm. They demonstrated that the contract contained express provisions that prevented the Developer from recovering the $30 million it was demanding.

Read details of the case.

Exterro Inc., a provider of e-discovery and legal software, has released the 4th Annual Federal Judges Survey, produced in partnership with BDO Consulting and EDRM at Duke Law.

The survey report can be downloaded from Exterro’s website at no charge.

The report is a compilation and analysis of the responses of 30 judges to questions about attorney and judicial e-discovery proficiency, recommendations for improvements, and their thoughts on how legal teams are using new e-discovery rules.

It includes:

• 33-pages of quantitative data analysis on where attorneys need to improve their e-discovery skills — and how to do so
• Op-ed commentary from judges on the practical implications of the survey results
• Access to the raw data, showcasing how the judges responded to  each of the 27 questions we asked them

Download the survey report.

NAVEX Global will conduct its first-ever online master class when it presents “Addressing & Preventing Sexual Harassment.”

The complimentary, 2.5-hour event, will be Wednesday, Feb. 28, 2018, beginning at 8:30 a.m. Pacific time | 11:30 a.m. Easter time.

“With the onslaught of high-profile sexual harassment allegations and an emerging “speak-up” movement around the globe, it’s evident that ignorance and a blind-eye has plagued our culture for too long,” NAVEX says on its website. “It is imperative—now more than ever—that your organization’s leadership fully understands what defines harassment and how to address it in the workplace.”

Register for the event.

Zapproved has published “GDPR Readiness: A Quick Start Guide” about the European Union’s General Data Protection Regulation (GDPR) which is set to go live on May 25, 2018.

Zapproved says that half of all affected businesses won’t be ready for the May launch of the GDPR. This guide is intended to help those struggling with compliance so companies can avoid fines, which can be as much as 4 percent annual corporate turnover, or €20 million — whichever is greater.

“If you collect or maintain data about EU residents or conduct business in the EU, you will need to understand and comply with the data collection, security, access and erasure provisions of the GDPR or face unprecedented penalties,” the company warns.

This complimentary quick guide explains why GDPR exists and how it’s likely to conflict, at least initially, with U.S. discovery principles. It includes a short checklist for the first steps to take to get started with GDPR readiness.

Download the guide.

The Association of Corporate Counsel has released the new ACC Chief Legal Officers 2018 Survey, a study of the issues and environment in which chief legal officers (CLOs) operate, based upon feedback from nearly 1,300 CLOs in 48 countries.

The report can be downloaded for a fee, and a free executive summary is available.

Notable findings include what keeps CLOs up at night, reporting structures, how CLOs view the future of departmental budgets and staffing, litigation and contract workload, and where data breaches and regulatory issues have the greatest impact.

The 2018 report includes an executive summary, key findings, global and industry benchmarking metrics, and an in-depth question-by-question analysis. Key metrics include:

• Legal department spend by company revenue
• Internal, external, and total spend as a percentage of revenue
• Legal department staffing numbers (including lawyers, paralegals, legal operations and administrative professionals)
• Matters handled by the legal department (litigation, compliance investigations, contracts)
• Data breaches, regulatory investigations and patent trolls

Download the report.

Flexera will present a complimentary webinar on how open source security and compliance have grown to be a big part of the cybersecurity and legal portfolio.

Presenter Jeff Luszcz, vice president of product management for Flexera, also will share special insights from Flexera’s open source auditing team for the past year.

The event will be Wednesday, Feb. 21, 2018, beginning at 11 a.m. Central time.

Topics will include:

• Open source vulnerabilities and licenses that made the news in 2017.
• Closing the risk window – How long do you really have to mitigate a vulnerability once it is discovered?
• How do GDPR laws affect your use of open source?
• How you can improve your open source security and compliance process.

Register for the webinar.

Zapproved and General Counsel News have posted an on-demand webinar that can help executives and lawyers learn about the impact and strategies associated with the European Union’s General Data Protection Regulation set to take effect in May. (See the video below.)

While the GDPR standardizes data protection law across the EU, it doesn’t spell out how U.S. companies can update data preservation processes to be compliant. This on-demand webinar offers key steps on ensuring a company’s approach to processing personal data of EU citizens meets these new cross-border data privacy guidelines.

The webinar covers such topics as:

• Prepare for Article 30’s demand for detailed record keeping
• Article 30 of the GDPR broadly requires that data controllers and data processors maintain a detailed record of their processing activities.
• Understand the U.S and EU perspectives on privacy rights
• Consider gaining ISO2l701 certification
• Gaining ISO2l701 certification, an International standard of security that European regulators cite, demonstrates that you’re thinking like an international citizen with a cross-border responsibility.

Exterro has published a new E-Discovery Action Plan e-book that provides checklists, guides and tips to help optimize the e-discovery process. The e-book can be downloaded from Exterro’s website at no charge.

“Sometimes the hardest part about updating your e-discovery process is just knowing where to start,” the company says on its website. “With this new e-book, get six easy to use checklists for every stage of the e-discovery process so you can create an E-Discovery Action Plan for 2018.”

The e-book provides checklists on topics such as:

• Data Identification
• Preservation/Legal Hold
• Early Case Assessment
• Collection and Processing
• Review
• Legal Project Management

Download the e-book.

Andrews Kurth Kenyon LLP will kick off its 2018 Case in Point Webinar Series on Feb. 13 with “The Dog Ate My Evidence – Tips for Implementing Litigation Holds and Avoiding Sanctions.”

The first webinar will be on Tuesday, Feb. 13, at 10 a.m. Central time. Presenters will be  Kelly Sandill and Ashley Lewis.

Destruction of evidence can lead to the imposition of substantial sanctions against a company and its non-compliant employees, the firm says on its website. An effective litigation hold can be a first line of defense against claims of spoliation or obstruction. Unfortunately, implementing a litigation hold is not always a simple process and sometimes does not go as planned.

This CLE program provides an overview of developments in the law surrounding destruction of evidence, discusses the human and technological challenges of litigation holds, provides suggestions for avoiding common pitfalls, and discusses how companies can best handle situations in which evidence has gone missing.

Register for the Feb. 13 webinar

See upcoming  events in the series

eSignLive by Vasco has made available a new report: “Forrester Report: The State Of E-Signature Implementation: Twenty-Five E-Signature Use Cases Show Adoption Trends,” which can be downloaded from the eSignLive website at no charge.

The Forrester Report examines 25 e-signature implementations across the United States and Europe with use cases for receivables, payables, various contracts, onboarding agreements, and travel bookings – uncovering trends in adoption, authentication, and business results.

The report covers:

• The average implementation time for e signature projects
• Reported ROI metrics from each project
• Top challenges, from browser compatibility to user training
• How solution flexibility mitigates complexity
• Biometric authentication trends
• Innovation in mobile signing

Download the report.

ContractWorks will present a complimentary webinar, “Surviving the NDA Nightmare: Managing Legal & Logistical Problems,” on Thursday, February 22, 2018, at 11 AM PST.

The non-disclosure agreement is among the most crucial and the riskiest of all agreements handled by general counsel and their teams, ContractWorks says on its website. Webinar presenters will discuss how to overcome common challenges when working with NDAs, minimize legal and logistical problems associated with them and save on overall time spent managing the NDA process.

The webinar will cover:

• How to identify common and unforeseen risks in your NDAs
• How to mitigate the risks your NDAs carry
• How to utilize software to improve your process, save time, and enhance security

Anyone who is unable to participate in the live webinar may register anyway, and receive a recording after the webinar.

Register for the webinar.

A recent research study developed by Globality in collaboration with The Lawyer found that general counsel prefer working with smaller law firms but often lack the means to find them. The survey went out to more than 300 GCs from organizations with over $1 billion in revenue to uncover the latest industry viewpoint about hiring outside counsel.

The report, “Global Trends in Hiring Outside Counsel,” is available for downloading at no charge.

Key findings:

• Almost 70% of General Counsel rely on pre-existing relationships or referrals to source new legal providers. In-house teams overwhelmingly appoint law firms based on personal connections rather than a systematic appraisal of which firms would be best for the job.
• Levels of dissatisfaction are three times higher with larger law firms than with smaller competitors. Companies find smaller firms deliver better client service, but often lack the means to source them.
• When presented with a series of new legal technologies, 86% of survey respondents were most excited by tools for sourcing and/or communicating with legal providers outside of their immediate network.

Download the Globality report.

Houston-based  Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing has added six litigators to its trial, the firm announced.

The new hires include:

• Matt Caldwell, with experience advising clients on regulatory and compliance matters, especially involving tax and accounting questions
• Monica Cooper,  a trial lawyer with civil and criminal experience
• Shahmeer Halepota, a commercial litigator with mediation, international arbitration, and state and federal trial experience
• Kyle A. Poelker, who handles all types of complex commercial litigation in state and federal court
• Paul Turkevich, a commercial litigator who handles a variety of business disputes
• Patrick Yarborough, a commercial litigator with experience representing clients in all aspects of litigation, including mediation, arbitration and trial

Read details about the new hires.

Exterro has published part 1 of the 2018 Judges Report, which provides an in-depth examination of how the bench views these e-discovery issues: attorney proficiency, judicial competency, how to resolve e-discovery mistakes effectively.

The report, which can be downloaded at no charge, includes:

• 10-page report on how 30 federal judges feel about e-discovery competency in their courtrooms
• Expert insights from judges on how to solve e-discovery mistakes
• Why only 23% of the judges surveyed agreed with the statement, “The typical attorney possesses the legal and technical subject matter knowledge required to effectively counsel clients on e-discovery matters.”

Download the report.

In an upcoming webinar, LawGeex will demonstrate how modern legal teams are revolutionizing their daily contract review processes.

The 45-minute event will be Wednesday, Feb. 21, beginning at 2 p.m. Eastern time.

On its website, LawGeex says the webinar will show how modern legal teams are revolutionizing their daily contract review processes. This will be a practical look at using on-the-ground solutions for contract review automation.

The webinar will cover:

• What is contract review automation?
• How are leading legal teams using this technology today?
• How to dramatically reduce the time and cost of contract review and approval.
• A live demonstration of contract review automation in action.

Register for the webinar.

Jessica Barger

Appellate and civil litigation law firm Wright & Close LLP has changed its name to Wright Close & Barger LLP, adding the name of partner Jessica Zavadil Barger along with the names of firm founders Tom Wright and Howard Close.

“We are very happy to recognize Jessica’s legal talents and business acumen through this name change,” said Wright. “She has been an outstanding leader for this firm and an outstanding fighter for her clients. Renaming the firm to include her is well-deserved.”

Barger has experience handling both trial and appellate cases, handling a variety of commercial disputes including insurance defense and coverage matters, product liability, premises liability and personal injury defense. She is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.

Read the article.

NAVEX Global will present a complimentary webinar on recent and anticipated enforcement and regulatory changes as they relate to third-party risk.

The online event will be Thursday, Jan. 25, at 1 p.m. EST / 10 a.m. PST.

Michael Volkov, renowned FCPA and third-party due diligence expert, will help participants learn about new FCPA policies and DOJ advice, data privacy regulations coming in May and more.

Participants also will learn what’s ahead in the world of anti-bribery, corruption and third-party risk management efforts.

Anyone who can’t watch the live online event may register to receive a recording of the webinar afterwards.

Register for the webinar.

Zapproved has published a report providing insights from a PREX17 summary on meeting the new GDPR rules by May 2018. The summary may be downloaded free of charge.

In May 2018, the General Data Protection Regulation (GDPR) will go into effect, requiring companies that do business in Europe to adjust their strategies for data management. The GDPR standardizes data protection law across the member countries, but it doesn’t specifically address preservation and discovery for U.S. legal proceedings.

The PREX17 session summary, “Data Privacy, the GDPR and Security All in One” explores the practical considerations for this transition with insight from Intel’s Dan Christensen, U.S. Magistrate Judge Elizabeth Laporte and Jeane Thomas, Partner at Crowell & Moring LLP.

It discusses strategies to address:

• Article 30 requirements for detailed record keeping
• U.S vs EU perspectives on cross-border discovery and personal privacy rights
• ISO2l701 certification

Download the summary.

Exterro has published its “Comprehensive E-Discovery Workflow Guide,” which can be downloaded at no charge.

This resource compiles four checklists documenting best practices for each stage of the e-discovery process.

The guide includes:

• 4 e-discovery checklists covering (1) Preservation and Legal Holds through (2) Preparation for Discovery, (3)Search and Collection, and (4) Review and Production
• 32 workflow steps to ensure your e-discovery process is efficient and defensible
• How to communicate across teams inside and out of your organization

Download the guide.

The National Association of Corporate Directors (NACD) will host a meeting of progressive general counsel, directors, and subject-matter experts for an intimate discussion on the continuing evolution of the general counsel’s role, and its impact on boardroom issues. This exclusive, one-day event seeks to help GCs to better align themselves with director expectations, as well as elevate their role in the boardroom, the company says.

The event will be on Monday, Feb. 12, 2018, at the Grand Hyatt Washington in Washington, D.C.

Once seen solely as legal advisors, general counsel are now regularly called upon to provide the board with an objective opinion about the company’s strategy based on their legal and ethical training. In fact, almost 70 percent of NACD’s full board memberships have a general counsel on their board roster. As part of our continuing goal of equipping boards with the information they need to create long-term value for businesses, NACD launched a new initiative: The Strategic-Asset GC.

Now in its second year, the Strategic-Asset GC event will aim to provide general counsel unique insights from directors, subject-matter experts, and fellow general counsel in order to help identify effective strategies for continued partnership with the board.

Register or get more information.