International Trade

Modern Communication Brings E-Discovery Challenges

As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

Opinion

It's Not All About The Benjamins, Baby (Lawyer)

Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

Series

Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

Acetris Case Clarifies Definition Of 'US-Made End Product'

The U.S. Court of Federal Claims' decision in Acetris Health v. U.S. is important to all suppliers of products to the government because it interprets the interplay of the Buy American Act and Trade Agreements Act in contracts subject to the trade agreements clause, say Stephen Ruscus and Donna Lee Yesner of Morgan Lewis & Bockius LLP.

3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

Opinion

Law Schools Must Take A Stand Against Mandatory Arbitration

Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

Myths And Facts About Using TAR Across Borders

Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

Reading The China Tariff Tea Leaves

With tariffs against some $250 billion of Chinese goods taking effect Friday, U.S. companies that do business with China are wondering what happens next. While China is the more export-dependent country, it is unlikely to face the sort of industry protests and lobbying aimed at the Trump administration in opposition of the tariffs, says Mark Ludwikowski of Clark Hill PLC.

What 'Commercial Scale' Means In IP Trade Agreements

The “commercial scale” threshold for intellectual property-related criminal offenses appears in important international agreements. However, there has not been a consensus on the understanding of the term, which leaves a wide and opaque margin for interpretation by countries, judges and lawyers, say Tran Manh Hung and Hoang Ngoc Quan of Baker McKenzie.

The Applicability Of FOIA To Monitorship Documents

The long-running litigation related to Siemens’ 2008 Foreign Corrupt Practices Act plea agreement, and a D.C. federal court’s recent decision, highlight the complexity of determining whether sensitive information that companies provide to compliance monitors is exempt from disclosure under the Freedom of Information Act, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.