|Illustration: Scott Page|
Monday, 01 February 2016 09:00 Written by Kate Simpson
The information we hold on our clients, their businesses, transactions, trials, and strategies can no longer be held on unprotected hard drives or sent willy-nilly through the exposed airwaves. “Regulators are pushing firms to get better at knowing their customers, and managing their data more comprehensively than they have in the past,” says Deloitte in November 2015’s CIO Journal. This push began some years ago with the know-your-client professional obligations placed on banks, law firms, and others to collect identification information and understand client’s activities and risk profiles for their investment decisions.
It’s barely past the middle of January as I sit to write this editorial and already the waves of change, some might even call them disruption, are crashing on the shores of the Canadian legal business. There’s two more notches in the lipstick case of the globalization of legal practice with the arrival here of Axiom, which has purchased the general counsel business of Canadian legal services pioneer Cognition LLP, and international labour and employment firm Ogletree Deakins Nash Smoak & Stewart PC, which gets its first beachhead in Toronto.
Monday, 04 January 2016 09:00 Written by Neill May
I think it is a certain sign of my age that when thinking about the proliferation and ubiquity of social media my thinking has evolved from initially worrying about the creation of a permanent record of embarrassing personal choices to then becoming concerned that it may actually be more damning to have absolutely no record of any embarrassing activity, proceeding finally to the realization that I’m too “mature” to be a good judge of what, in 2016, is embarrassing.
Nobody is perfect. People make mistakes. It could be a momentary lapse of judgment. It could be leading with your heart instead of your brain. It could be trusting someone who perhaps you shouldn’t have. It could be that you were tired. Or it could simply be that something had to be done, and this is what got done. These types of mistakes are and should be forgivable — because no one is perfect.
Monday, 16 November 2015 09:00 Written by Dera J. Nevin
In January 2011, I wrote “Taming e-discovery anxiety.” In the five years since, I have written 29 articles to de-mystify e-discovery and provide a language and common framework to improve general understanding of the basic process and mechanics of e-discovery. Generally, the source of my inspiration was questions from readers and others.
|Illustration: Dushan Milic|
Social media is an important source of discovery in an increasing range of cases and can often yield the most important evidence. Social media and its derivatives are prevalent with many people using social media as their dominant communications channel, preferring some in-app messaging tools to e-mail. Corporations, too, are using these media to target and communicate with their customers. Ignore these sources and you leave potentially game-changing evidence on the table.