About
The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


« May 2010 | Main | July 2010 »

MARK YOUR CALENDAR

20174639.thb During LegalTech West Coast, I taped several videos for our Law Technology News website, including discussions with our e-discovery columnist Craig Ball, consultant Tom Allman, DLA Piper's Marean Browning, and Patrick Oot, of the Electronic Discovery Institute.

They all are scheduled to participate in this fall's 7th annual Advanced E-Discovery Institute, which will be held November 18-19 at the Ritz-Carlton Pentagon City, Arlington, Va.

I'll be attending for the first time, on a panel addressing "The Business of E-Discovery." Conference topics also include an EDD case law update; proportionality; corporate counsel concerns; class actions; evidence, authenticity and admissibility; early assessment; ethics; and more.

For information about the program, visit  here.  Patrick Oot and I discussed the conference on his video, so I'll give you a heads up when it's scheduled to debut!

June 30, 2010 in EDD: E-Discovery, videos | Permalink | Comments (0) | TrackBack

EDD UPDATES

MtnLaw Technology News receives a lot of
e-mail announcements of new e-discovery products and services. Among the new releases:

Iron Mountain has debuted Stratify Legal Discovery OnPoint. The hosted system helps users load data for early filtering to help legal professionals assess the merits of their cases. It offers metadata-based faceted search, automatic concept organization, and random sampling technologies. At any stage, legal professionals can return to the full volume of restored, unfiltered data to identify additional documents to be included in the review.

CaseCentral introduced its cloud-based CaseCentral eDiscovery Platform 4.1, which includes a new folder creation assistant that automatically creates complex folder structures for large data sets. For the latest news and analysis, visit the EDD Update blog.

Assist: Dan Howley.

June 29, 2010 in EDD: E-Discovery | Permalink | Comments (0) | TrackBack

TWO EDD DEBUTS

Edd  Among new e-discovery releases:

* Iron Mountain has debuted Stratify Legal Discovery OnPoint. The hosted system helps users load data for early filtering to help legal professionals assess the merits of their cases. It offers metadata-based faceted search, automatic concept organization, and random sampling technologies. At any stage, legal professionals can return to the full volume of restored, unfiltered data to identify additional documents to be included in the review.

* CaseCentral introduced its cloud-based CaseCentral eDiscovery Platform 4.1, which includes a new folder creation assistant that automatically creates complex folder structures for large data sets.

 For the latest news and analysis, visit the EDD Update blog. 

 Assist: Dan Howley.

June 28, 2010 in EDD: E-Discovery | Permalink | Comments (0) | TrackBack

MAIL BAG #20100626

Checkin' the inbox:Email

* Lawrence Savell, counsel at New York's Chadbourne & Parke, checks in to let his know his latest article, "Minimizing the Legal Risks of Using Online Social Networks, is now available on Law.com. 

* Timothy Corcoran is closing his management consulting practice. "I've been lured back to the corporate sector and will shortly join Thomson Reuters as an executive in the Hubbard One division," he says. His  blog, Corcoran's Business of Law, continues as an independent publication, but will shift to a new address.

* San Francisco's D. Mark Jackson, a partner at Bassi, Edlin, Huie & Blum, has launched LeanLaw, a blog for lawyers and other professionals. It focuses on "organizational efficiency and personal productivity." But I have to confess, his latest post leaves me puzzled: "I’ll be presenting at the U.S. Open golf tournament today. The topic is ethics and electronic discovery," he says.

OK, I guess I'm clueless but what's the nexis between golf and EDD? Perhaps he'll jump into the comments and 'splain it all to us.

* Bill Onwusah, lit support manager at Hogan Lovells, forwards a link about a vendor offering "safe discovery" legal reviews on iPads and iPhones.

*Ashley Carr says I should update my area code link (over on the right nav bar, in the "Practical Magic" list) to her site, AreaCode.org. I just might do that. You might find it interesting, as well.

* Peg Duncan's post about "ECA & the Prince of Denmark" will no doubt entertain the e-discovery crowd. From Slaw blog.

* New Orleans' Michael Goldblatt checks in to recommend  TechTalk, "a weekly 30-minute podcast by The New York Times' tech reporters with updates on technology trends and tips."

June 27, 2010 | Permalink | Comments (2) | TrackBack

LTN VENDOR SATISFACTION SURVEY

Vendor The results are in from the inaugural LTN Vendor Satisfaction Survey, conducted by our ALM Legal Intelligence research group under the direction of vice president Kevin Iredell. Conducted this winter, via a confidential online poll, the survey asked legal professionals who buy -- or influence the purchase of -- legal technology to review the vendors and to tell us what they want from those vendors. (LTN's editorial team was not involved in the process.)

Anyone who has ever tried to call a major company, from a bank to an airline, will easily predict the criteria that tops the "wish list" -- customer service. Overwhelmingly (77%), respondents screamed for "responsiveness to issues and prompt resolutions."

Topping the list of technologies used in firms of all sizes is online legal research. LexisNexis and Westlaw top the charts, as might be expected, but alternative Fastcase, which offers lower-cost research alternatives, has gained traction.

In our July issue cover story, "Help, Please!" Law Technology News explores the survey, and analyzes its results. Here's a sneak preview of the article!

June 23, 2010 in News & Analysis, Surveys | Permalink | Comments (0) | TrackBack

INTEGREON OUTSOURCING DEAL: NEW MODEL?

CMS Cameron McKenna has signed a 10-year, ₤538 million deal with California’s Integreon to outsource non-billable "middle office" services.

Outsource

The services include accounting and finance, human resources and training, marketing and communications, training, library and information services, research, IT, and facilities.

The U.K.-based firm is part of Frankfurt, Germany-based CMS, which has nine member law firms and 53 offices. The parent firm employs 2,400 attorneys.

Integreon and CMS are positioning the deal as a significant shift from traditional professional services business models. Integreon even provided a quote from legal industry futurist Richard Susskind: "This is a hugely significant development that sets the pace for the global legal market," he said, suggesting the deal will free up the firm's legal and tax professionals to focus on their clients and services.

Assist: LTN editorial assistant, Heather Schultz.

June 18, 2010 in Outsourcing & Near-Sourcing | Permalink | Comments (1) | TrackBack

COWEN GROUP: PM IS EXPLODING

The Cowen Group, a New York-based legal recruiter and consultancy, has announced the results of its 2009/2010 eDiscovery and Litigation Support Professionals Salary Survey. According to managing partner David Cowen, 487 professionals at 100 major firms shared their salary data with TCG for its 5th annual report. The data was gathered between November 2009 and February 2010.

PM As usually occurs, salaries are highest on the East Coast, lowest in the central part of the country. TCG broke the results into six different categories, with these median 2009 base salaries and projected 2010 East Coast figures:

* analyst $67,500 ($72,000)
* specialist $91,000 ($93,000)
* project manager $115,000 ($125,000)
* regional coordinator $135,000 ($145,000)
* national manager $165,000 ($205,000)
*  firmwide director $267,000 ($295,000).

Biggest trend? Cowen told Law Technology News that he sees legal project management exploding for both attorneys and non-attorneys. Firms are embedding "legalists" (read: attorneys) into lit support, and everybody's comfortable with that model, he says.

Of course, you'd expect a headhunter to say people are the first priority, but Cowen says savvy firms are recognizing that successful e-discovery requires investing in "people, process, and technology" -- all three, not just one or two. He cites Morgan, Lewis & Bockius; Fulbright & Jaworski; Wilmer Hale; and Chicago boutique EimerStahl as among the industry leaders using this approach (none are his clients).

What surprised him? Despite the turbulent economy, most professionals who were pink-slipped weren't out of work for more than a few weeks, and that there was a small uptick in salaries.

And, as George Socha and Tom Gelbmann predicted in LTN last August, one of the biggest 2010 EDD challenges isn't hiring, it's retention. Firms that don't provide coaching, training, and other career growth opportunities may find key professionals walking out the door.

Cowen's bottom line is a familiar refrain to LTN readers: It's all about better, faster, cheaper; transparency; and aligning legal and business goals. "If you are going to be successful in this new, new world to have to engage in enlightened management techniques that have been long established in Fortune 500 corporations. You need to run your firm like your clients' [companies]," says Cowan.

June 17, 2010 in EDD: E-Discovery, Hiring & Retention, News & Analysis | Permalink | Comments (0) | TrackBack

GREEN GRASS, BLUE SKY

Headed to LegalTech West Coast next week in Los Angeles? You'll face a smorgasbord of choices to help you stay up-to-date on the latest technology trends and products.

Among the highlights, Erick Andersen, of Microsoft's legal team, will present the 6/24 keynote about how legal organizations can effectively use unified communications systems to reduce costs and improve collaboration among colleagues and clients.

Microsoft was just chosen by our colleagues at Corporate Counsel as the 2010 Law Department of the Year. A key factor was how general counsel Brad Smith helped engineer a "personality shift" for the software giant, from contentious to cooperative, in resolving international disputes.

The LegalTech seminars will be packed with expert panels on everything from project management, to social media, to cloud computing, to e-discovery; and the vendors at the exhibit hall will welcome the chance to show you product demonstration.

Golf But just when you feel like your brain may just about explode from too much information, Friday, June 25, presents an opportunity to get outside and network in the famous California sun! ALM's inaugural Lawyer Invitational will be held at Trump National Golf Club, an opportunity for the proverbial "quality time" and networking.

Among the technology companies who are sponsoring the event are LexisNexis, Thomson Reuters, Kroll, and First Advantage. Part of the proceeds will benefit the Arnold Palmer Hospital for Children. For more information, visit www.thelawyerinvitational.com.

June 16, 2010 in Conventions, Meetings, Live Programs, Distractions :), Good Works, Social Networking, Travel | Permalink | Comments (1) | TrackBack

LEGAL CURRENTS

During my recent trip to Minnesota, the Thomson Reuters Legal team invited me to tape another episode of its Legal Currents podcast.

Moderator Leonard Lee and I had a lively interaction, discussing my cover story, "Risks & Rewards," in the May issue of LTN. The article, and our conversation, focused on the importance of nuanced social media policies for just about any organization. We talked about the potential problems law firms and companies can face, if personnel use social media inappropriatelyNetwork -- from violations of professional responsibility and ethics rules or Federal Trade Commission guidelines; to damage to reputation and branding; to harassment; and more.

And if you missed ALM's "Social Media: Risk & Rewards" programs in New York and San Francisco, no worries! We will be offering an advanced program November 3 in New York.

June 11, 2010 in Podcasts, Social Networking | Permalink | Comments (0) | TrackBack

ACCESSDATA & CT SUMMATION

Darwin Watch: Wolters Kluwer's CT Summation and AccessData have just announced that they have signed the paperwork to merge into a single company: AccessData Group.

The new company will offer a cradle-to-grave electronic data discovery offering, they report. Currently, AccessData's namesake e-discovery software helps users address litigation holds, automated collection, processing, and analysis prior to attorney review. CT Summation's roster includes litigation workflow and e-discovery products: iBlaze, CaseVault, and Discovery Cracker.

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AccessData CEO Tim Leehealey told Law Technology News that he will remain on as CEO, with his current management team, which includes Brian Karney (COO) and Erick Thompson (founder/CTO), among others. Whether CT Summation leaders will participate on the management team is unsettled at this time, he said.

The deal is expected to close in 3Q, said Leehealey, who declined to discuss financials details, but the companies report that Wolters Kluwer will remain as an investor with a minority stake in the new company.

Once merged, AccessData Group expects its primary competitors to include Autonomy, Guidance Software, Clearwell, EMC Kazeon products, and LexisNexis Concordance, among others, he said.

The biggest challenge? "It's always execution," says Leehealey. "If anybody answers the question with anything other than execution, they are confused."

Assist: LTN news editor Dan Howley.

June 10, 2010 in Darwin Watch | Permalink | Comments (0) | TrackBack

WESTLAWNEXT MOBILE

Thomson Reuters has been busy fine-tuning and tweaking WestlawNext -- the latest upgrade to its flagship research network that was introduced at LegalTech New York. A few weeks ago, at the company's Eagan, Minn., campus, I was briefed on the latest developments from Brian Quinn, senior director of new products, and Gretchen DeSutter of TR's communications team.

Ipad Among the refinements added this spring: enhanced topical search and topical category pages and new search templates. On May 25, TR debuted WestlawNext Mobile. It mirrors the interface of the main product, Quinn explained, and can be used with any device that has a web browser. It helps legal professionals access and navigate their research folders, search using WestSearch, and read documents or notes on mobile devices.>

And yes, yes, yes, there's an iPad version that supports touchscreen search term navigation. Unfortunately, there's no link right now that provides information to non-subscribers about the integration. But subscribers can get more info once they log in.

June 9, 2010 in Mobile Tools | Permalink | Comments (0) | TrackBack

KROLL ACQUIRED BY ALTEGRITY

Altegrity today announced plans to acquire Kroll from Marsh & McLennan Companies, in an all-cash transaction valued at $1.13 billion the companies announced. Kroll offers a range of security and technology services, including investigations, financial advice and intelligence, and more.

Kroll Altegrity is owned by Providence Equity Partners, a global private equity firm. The transaction is expected to close by September, assuming the usual approvals. Altegrity's CEO Mike Cherkasky served as president/CEO of Kroll from 2001-2004. MMC turned to Wachtell, Lipton, Rosen & Katz for legal counsel; Debevoise & Plimpton aided Altegrity and Providence.

Among Kroll's entities is Kroll Ontrack, which offers a range of services, software, and consulting to help legal, corporate, and governmental entities (and consumers) deal with data, including data recovery services. Kroll Ontrack has a high profile in the e-discovery community; it ranked as a top 5 overall services provider in the final Socha/Gelbmann e-discovery survey in 2008. In the same survey, it ranked in the 11-15 category for its software.

On EDD Update, Craig Ball, Law Technology News' e-discovery columnist, notes that MMC bought Kroll in the summer of 2004 for $1.9 billion. "Wonder if some of Kroll's investigative skills will be tasked to find out what happened to that $770 million in value lost to shell-shocked shareholders like me?" But, says Ball, "It's likely a good move for Kroll -- always a poor fit at Marsh and a minor contributor to revenues -- and a homecoming of sorts [for] Cherkasky."

"The new owners are probably a better conduit for the government investigation work that's an important part of Kroll's book of businesses," says Ball. But he caveats that it "will be interesting to see what conflicts emerge between Kroll's (and Ontrack's) Wall Street and AmLaw 100 work, and the work for Uncle Sam."

"Altegrity's acquisition of Kroll is one more example of the continuing mergers, acquisitions, and partnerships [within e-discovery]," say George Socha and Thomas Gelbmann. "Kroll Ontrack is certainly one of the largest and most well established providers of EDD services and software, so this sale is something we will be following with interest.The impact of this acquisition on Ontrack's direction will be interesting to track but could take a year or more to manifest itself."

Calls to our usual sources at Minn.-based Kroll Ontrack were deferred to Kroll's new headquarters. Kroll CEO Ben Allen told LTN that the sale definitely helps Kroll, and especially Kroll Ontrack, because (as Ball suggests) it will be a much bigger fish in the pond. As part of MMC, "Kroll was about 10%," but as part of Altegrity, it will be about "40% to 45%" of the company. Allen rebuffed any concerns about conflicts, saying the companies already had processes and procedures in place that work well.

As for the difference between the 2004 and 2009 sales prices, Allen deferred to MMC for comment. But he noted that Kroll had already sold off three significant entities, a drug screening business, a government services business, and a corporate advisory and restructuring group, since 2008.

Press Release  here.

June 7, 2010 in Breaking News, EDD: E-Discovery | Permalink | Comments (1) | TrackBack

HONOR PERFECTION - AN OPEN LETTER TO SELIG

Dear Bud Selig:

As New York Yankees broadcaster Michael Kay always says, "It's important to get the call right."

4s2udVcc-2The Detroit Tiger's Armando Galarraga pitched the 21st perfect game in MLB history last night. There is no ambiguity. The video unequivocally shows that the runner was out. But the runner was called safe.

The umpire, highly respected veteran Jim Joyce, immediately acknowledged that he got the call wrong. To his credit, Joyce personally apologized to the pitcher, and issued a public statement.

Galarraga exhibited dignity, compassion, and class in accepting the decision and exonerating Joyce.

If ever there was a situation to use your discretion, Commissioner Selig, this is it. Make this right. Change the record to reflect the perfect game.

Also: MLB should immediately amend the video review rules, and allow the crew chief to use his discretion and call for a review in extraordinary circumstances.

Congratulations, Armando Galarraga. You were truly perfection, on and off the field. 

P.S. It would be a very nice touch if Cleveland manager Manny Acta would also ask for the record to reflect a perfect game.

P.P.S. Check out Ashby Jones' "An Imperfect Game: Lessons from a Blown Call," in the Wall Street Journal's Law Blog. More: Above the Law. Legal Blog Watch.

Update: Breaking news: Selig just issued a statement saying that he will take the matter under consideration! And in a very touching moment, Galarraga brought the lineup to a tearful Joyce to start today's game.

June 3, 2010 in Baseball / Yankees | Permalink | Comments (1) | TrackBack

 
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