Wednesday, Sept. 21, 2016
New York

Bloomberg BNA and Bentham IMF will hold an executive briefing and reception that explores how firms are integrating financing into their litigation practices.

The event will be Wednesday, Sept. 21, 2016, at Bloomberg LP, 120 Park Ave., New York, from 4:30 p.m. until 6:30 p.m., with a networking reception to follow.

Law firms face increasing pressure to help clients gain affordable access to the courts as skyrocketing legal costs and other factors make litigation more expensive. Financing provided by litigation funders is helping firms meet this demand while also accomplishing strategic objectives, Bloomberg says on its website.

Erwin Chemerinsky, Dean of University of California Irvine School of Law and author of the forthcoming book,Closing the Courthouse Doors, will deliver a keynote speech on how the upcoming election can change the course of the Supreme Court’s recent decisions and create a new era of wider access to civil justice.

Following Dean Chemerinsky, a panel of top legal and funding professionals will discuss the impact of funding on the U.S. legal system, and how law firms are taking measured risk to increase profits and accomplish growth objectives. Finally, the panel will look at the benefits to corporate clients, as well as plaintiffs.

Register for the event.

Zapproved has made available for free download its Legal Hold and Data Preservation Benchmark Survey Report, the industry’s most extensive survey series focused on legal data preservation and collections practices. Building on the 2013, 2014 and 2015 studies, more than 600 professionals dealing directly with litigation hold management participated.

The report has findings on the demographics, processes, common pain points and risks associated with legal holds, data preservation and data collection. Some of the key findings include:

• A strong response showing a vast majority of automated users feel “confident” or “very confident,” compared with 59% of manual users — a huge 26% difference.

• Respondents using automated systems trust custodian compliance at 76% versus just 56%, more than double the spread from 2015 which was 9.8%.

• In looking at a “culture of compliance,” 69 percent of survey respondents said they conduct some form of training for employees. This is down from 2015’s 75 percent but on theaverage for the three years this question has been part of the survey.

• When looking at intention to upgrade, manual users are 60% more likely to express a desire to do so compared to automated users. The gap closed slightly from 2015 which saw this at 67 percent.

Download the report.

The National Association of Corporate Directors is offering free downloads of an article featured in the association’s July/August issue of NACD Directorship magazine, Tom Sager’s “How to Win at War.”

Sager is a former general counsel at DuPont Co.

The article describes how to:

• establish the general counsel position as vitally important;
• define your role in strategic boardroom decisions; and
• prepare for battling activists, based on Sager’s experience with Nelson Peltz.

NACD Directorship magazine offers boardroom intelligence and corporate-governance information. The full publication is available exclusively to NACD members, but anyone may download a complimentary copy of the article.

Download the article.

CLE Luncheon, Sept. 26, 12 p.m. CDT
Belo Mansion, Dallas

Scott & Scott, LLP will present a complimentary CLE luncheon titled “Data Privacy and Security Issues in Cloud Contracts” at the Belo Mansion in Dallas on Monday, Sept. 26, from noon to 1 p.m. CDT. The event will be hosted by the Computer Law Section of the Dallas Bar Association.

Robert J. Scott, managing partner of Scott & Scott, will share suggestions on how each party can mitigate, balance or transfer the privacy and security risks in cloud computing.

On the surface, cloud agreements are similar to traditional technology licensing and services agreements; however, cloud computing engagements expose both the client and the service provider to risks not present in more traditional technology service or software transactions, Scott says. The transformation from on-premises software deployments to cloud based models has widespread implication for data privacy, security, and regulatory compliance.

Scott will address each element that contributes to privacy and security risk in cloud computing, including:
• GLBA Rules Affecting Cloud Contracts
• Using Cloud Services in Healthcare
• Due Diligence Obligations in Selecting Cloud Vendors
• Negotiating Key Provisions including insurance, indemnity, and limitations of liability
• How to Comply with Oversight Regulations involving Cloud Service Providers

Attendance for registrants is free, and lunch will be provided.

Register for the CLE luncheon.

Phase 5, an independent market research firm, is conducting a comprehensive study of how third-party risks are managed within organizations.

Participants in the study will receive complimentary copies of the final report. All responses are confidential and will be reported only in aggregate form.

Some of the questions to be considered include:

• What are the top objectives organizations have when it comes to their third party risk management programs?
• What challenges do organizations face when developing their third party risk management programs, and what could undermine the effectiveness of their efforts?
• What processes do organizations employ to conduct third party due diligence?
• How does your organization compare to your peers when it comes to its level of third party program maturity?

Take the survey.

Houston trial law boutique Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA, once again is being recognized as one of Texas’ top commercial litigation firms after earning a spot in the 2016 edition of Chambers USA: America’s Leading Lawyers for Business.

In addition to being ranked as a top Texas firm, AZA partners Joseph Ahmad, Demetrios Anaipakos, John Zavitsanos and Todd Mensing received individual recognition from Chambers USA.

In the firm’s Chambers USA profile, AZA lawyers are described as, “Robust litigation specialists with a fast-growing reputation as a feared opponent for established national firms. Especially strong experience in representing clients in the technology and energy arenas.”

Published by London-based Chambers and Partners, Chambers USA is known worldwide for its thorough guides to the legal profession.

Read more about the announcement.

NAVEX Global’s 2016 Ethics & Compliance Training Benchmark Report shows compliance professionals struggling with small budgets, growing numbers of learners and limited time to train.

The company offers the report for downloading at no charge.

NAVEX says this benchmarking data can be used to measure a company’s program against its peers, and come away with strategies to solve key training challenges.

The ethics and compliance training benchmark report:

• Helps you make data-based decisions about who, when and how much to train
• Pinpoints emerging training topics and strategies to watch
• Reveals common program gaps and offers real-world solutions for tackling them

Download the report.

Exterro has published an e-book on e-discovery project management, which shows how to incorporate project management principles and tools into your legal process.

E-Discovery is often treated as a reactive activity without defined, repeatable processes, resulting in missed deadlines, lost evidence, and miscommunications which can all lead to wasted time, increased internal costs, and potential legal sanctions, Exterro says on its website. But e-discovery doesn’t have to be run this way.

The book shows how to:

• Empower your legal team to focus on the tasks that matter
• Create visibility for team members
• Collaborate effectively with other teams inside and out of the organization
• Provide the necessary predictability and accountability to ensure your project is completed in a timely, cost conscious manner

Download the e-book.

Dallas-based trial law firm Deans & Lyons, LLP, is expanding its Texas footprint with the addition of five prominent trial attorneys in the firm’s newly opened Houston office at 1001 Fannin St., Suite 1925.

Joining the firm are veteran Houston trial lawyers Tom Sartwelle, Matt Pletcher and Jeff Nobles, previously with the Houston office of Beirne, Maynard & Parsons, LLP, and Chad Castille and Matt McCracken, previously of Houston-based Serpe Jones Andrews Callender & Bell, PLLC.

According to a release published by the firm, Castille will serve as managing partner of the Houston office. His practice is concentrated on complex civil litigation, representing individuals, small businesses and Fortune 500 corporations in a diverse array of industries. His expertise includes cases involving medical and hospital negligence, oil and gas, commercial and residential construction, pharmaceutical liability, medical devices, catastrophic personal injury and wrongful death, and commercial business disputes and torts.

Read the article.

The Ninth Annual Blickstein Group Law Department Operations Survey, in cooperation with Consilio, is being conducted online now, with a deadline of Tuesday, August 9.

The survey is the oldest research specifically covering law department operations. It is designed solely for the professionals who manage complex legal department operations for their companies, Blickstein Group says on its website.

The LDO survey was first created in 2008 to give law departments a consistent platform to benchmark themselves and shed light on the then-emerging profession of law department operations.

Sponsors of this year’s survey include QuisLex, Exterro and Onit.

Survey participants will receive copies of the proprietary.

Topics include:

• Compensation
• Metrics and Reporting
• Outside Counsel Management
• Technology and Cybersecurity
• Change Management

Participate in the survey.

Bloomberg BNA’s Big Law Business, in partnership with Catalyst, will present a complimentary live event, “Taking Control of Corporate Discovery: What It Means for Outside Counsel,” Thursday, July 21, in New York. The event will be 3-7 p.m. EDT, at Bloomberg LP, 731 Lexington Ave., New York, NY.

This free event will explore the changing nature of the in-house and outside counsel relationship, given ever-tightening corporate budgets and new approaches to discovery.

Sessions will address:

• Best practices on managing costs in complex cases by leveraging technology
• An overview of the latest analytical tools to aid in discovery
• How the recently amended Federal Rules of Civil Procedure will affect eDiscovery

Register for the event.

Paper Software has announced the release of Contract Tools, a powerful new Microsoft Word add-in designed to aid in working with contracts.

To introduce the new product the company will have a free webinar July 26 at 11 a.m. Central time.

The company says the product helps with:

• Comprehensive proofreading
• Streamlined search
• Automatic to-do lists
• Intuitive navigation
• Autocompletion
• And much more

Register for the webinar.

Texas Lawyer’s annual listing of the top verdicts in Texas includes last year’s trial win by Dallas-based Rose•Walker for firm client ThermoTek Inc. as one of the state’s top contract verdicts.

In November of last year, Judge Sidney Fitzwater of the U.S. District Court for the Northern District of Texas in Dallas entered a judgment of $9.6 million for medical products manufacturer ThermoTek. The judgment followed a unanimous verdict in which jurors agreed with Rose•Walker’s argument that a competitor fraudulently obtained ThermoTek’s business information for a series of physical therapy machines.

“We’re always happy to walk out of court with a win on behalf of our clients,” says firm founder Marty Rose, who represented ThermoTek at trial along with firm partner Chris McDowell. “But to have our work recognized among other top trial wins is a special honor.”

Read the article.

The National Association of Corporate Directors (NACD) recently released Director Essentials: Preparing the Board for Shareholder Activism and provides an executive summary of the report for free download.

As year-round shareholder activism becomes the new norm in the American boardroom, directors are called upon to prepare for and respond to any possible activist challenges, the NACD reports. The new publication is designed to equip directors with the knowledge and tools they need to address this challenge.

This report includes information on trends in activist campaigns, types of investors and their methods of influence, and the board’s role in preparing for and responding to an activist campaign.

The full publication is available exclusively to NACD members, but the executive summary is freely available.

Download the executive summary.

Wednesday, July 20, 12 p.m. CDT
Register

Bracewell’s next event in its Power Regulatory Webinar Series will be a July 20 webinar titled “Qualifying Facilities, Exempt Wholesale Generators and Market-Based Rates: The Basics and Beyond.”

The Wednesday, July 20, webinar will begin at noon Central time.

Speakers will be Catherine P. McCarthy, Stephen J. Hug, and Blake Urban.

Future events and speakers in the series will be:

Wednesday, September 14
“Developments in Western Markets”
Deanna E. King and Stephen J. Hug

Wednesday, October 12
“FERC Audits”
Robert E. Pease and Tyler S. Johnson

Wednesday, November 9
“FERC Update on Anti-Market Manipulation – Power”
Michael W. Brooks and Serena A. Rwejuna

Register for the next webinar.

Veteran trial lawyer James Edward “Jim” Maloney has opened a solo practice in Houston, at The Esperson Buildings, 815 Walker St., Suite 1150.

Educated at Yale and a graduate of the Harvard Law School, he began his career at Baker Botts where he spent the next 35 years representing leading business executives and major corporations, with a client list that has included:

• Shell Oil Company
• Pennzoil-Quaker State
• Reliant Energy and its predecessors
• Match.com
• Novartis
• Lyondell Chemical Company
• Southern Pacific Railroad Company
• Ford Motor Company
• Bridgestone-Firestone
• T. Boone Pickens

When he left Baker Botts in 2012, Maloney had headed the firm’s securities litigation section and had also served as the longtime chair of the firm’s employment committee.

More recently, he was a partner at Andrews Kurth. There, his clients included a major international oil and gas exploration company and a number of special and conflicts committees of boards of directors at public companies and master limited partnerships. He has been involved in securities litigation work, corporate takeover disputes, corporate investigations, class actions and complex commercial disputes in both state and federal courts.

Over more than 40 years of practice, Maloney has tried more than 100 cases to jury and bench verdicts and managed thousands of others to successful resolution, he said in a release.

eSignLive by Vasco will present a complimentary webinar on the role authentication plays in digital transactions on Thursday, June 23, at 2 p.m. Eastern time.

Remote e-signature transactions are becoming the norm as mobile customers continue to demand service on their terms – anytime, anywhere, eSignLive says on its website. But how do you know exactly who you are transacting with? Authentication.

Authentication associates an e-signature to the person signing and ensures enforceability – so choosing the right user authentication method is important, the company says.

The session will include

• Authentication best practice and must-know tips
• Selecting the right authentication method
• Making it easy for customers
• 3rd party ID verification
• Mitigating risk

Register for the webinar.

The National Association of Corporate Directors’ 2016 edition of Governance Challenges combines guidance from five strategic content partners of the NACD with broad M&A expertise. The report addresses the importance of early board engagement in strategy, the need for proactive dialogue with all key stakeholders, and the imperative to balance short-term and long-term goals throughout the M&A process.

A complimentary copy of the report is available for download.

Boards can use this new resource to:

• identify “drive and drag” factors that can advance or delay transaction results;
• monitor key aspects of the due-diligence process before approving the deal;
• understand the tax implications of a prospective transaction;
• consider exposure to risk from antitrust liability, cybersecurity challenges, and environmental liability; and
• select and retain talent and adjust compensation arrangements during the leadership change.

Download the report.

The Center for Board Excellence is offering a free whitepaper that describes moving the directors and officers questionnaire process to a dynamic online system.

CBE says the paper explains how to save time and money by moving the D&O questionnaire online to:

• Reduce the number of questions
• Make them easier to follow and answer
• Turn definitions and schedules into dynamic flyovers or online links

“Focus particularly on the cost of your Directors’ and Officers’ time,” CBE suggests. “How much time did it take them to complete the process? How many irrelevant questions did they have to read and skip over? How many definitions did they have to look up in an appendix? Add to that the time it took you to compile the questionnaire and parse the results only to find that three forms came back incomplete.”

Download the paper or request a demo.

Zapproved has published its updated Preservation Case Law Summaries 2008-2016, the definitive guide to preservation case law with summaries tagged by venue, sanction and topic.

The guide can be downloaded from Zapproved’s website.

Zapproved says courts are analyzing preservation cases for spoliation with a high bar to determine if awarding sanctions is appropriate. The standards set forth in proposed changes to Rule 37(e) require that in order to impose an adverse inference, spoliation must have (i) caused substantial prejudice in the litigation and the result of  willfulness or bad faith; or (ii) irreparably deprived a party of any meaningful opportunity to present or defend against the claims in the litigation.

The new version contains these most recent preservation cases:

• Noble Roman’s, Inc. v. Hattenhauer Distrib. Co.
• Living Color Enters. v. New Era Aquaculture, Ltd.
• First Fin. Sec., Inc. v. Lee
• Brown Jordan Int’l, Inc. v. Carmiclet
• In re Takata Airbag Prods. Liab. Litig.
• Best Payphones, Inc. v. The City of New York

Download the guide.