Category: Legal Technology

July 2022 Legal Industry News and Highlights: Law Firm Hiring, Industry Recognition, and the Latest in Diversity and Inclusion

Thank you for reading the National Law Review’s latest in legal industry news – read on below for updates on law firm hiring and expansion, industry awards and recognition, and diversity and inclusion initiatives! We hope you are staying safe, happy, and healthy.

Law Firm Hiring and Expansion

Womble Bond Dickinson has announced its upcoming merger with Cooper, White & Cooper LLP, a multi-practice law firm based in San Francisco. Effective on September 1, 2002, the expansion will strengthen Womble’s presence in the Bay Area, with more than two dozen legal professionals operating out of the San Francisco area.

“California is home to some of the world’s key business and technology hubs, with San Francisco chief among them,” said Betty Temple, CEO and Chair of Womble Bond Dickinson (US). “The state – and indeed the entire West Coast – is strategically important to Womble, and we are thrilled to anchor our presence in the market through a firm that is well-known for its robust litigation and transactional skills. We look forward to continuing the growth of our services and footprint on the West Coast and in other key markets to provide greater value to our clients.”

“We have been impressed by Womble’s transatlantic platform and stellar reputation for advising companies on complex, high-stakes issues,” said Jed Solomon, a partner at Cooper, White & Cooper. “Combined with our cultural compatibility and shared commitment to exceptional client service, this was an ideal opportunity to expand our services to our collective client base.”

James W. Cox, MS, an experienced biologist and risk assessor, has joined Bergeson & Campbell, P.C. and The Acta Group as Senior Scientist. Mr. Cox, who has formerly served as an Acting Lead Biologist in Risk Assessment in the EPA’s Office of Pollution Prevention and Toxics and as a Biologist at the Department of Defense, has reviewed hundreds of biological agents, nanomaterials, industrial chemicals, and more to determine risks to human health and the environment. At the firm, he will continue to provide regulatory process guidance for products subject to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), and other notable regulatory programs.

“James’s contributions to our practice areas come at a crucial time, given the considerable uptick in the need for risk assessment skills,” said Lynn L. Bergeson, Managing Partner of Bergeson & Campbell and President of Acta. “We are so pleased James has joined our team and look forward to introducing him to our clients.”

Varnum LLP has expanded its office in Birmingham, Michigan. With growing client demand and ongoing hiring, the firm has nearly doubled the size of its operations in the area in the last three years, featuring noteworthy practices in the fields of banking, finance, corporate law, M&A, intellectual property, and more.

“Since opening our doors in Birmingham three years ago, we have been thrilled with the reception from clients, legal talent and the community alike,” said Firm Chair Ron DeWaard. “Our newly expanded office will allow us to continue our growth trajectory with first-class space for clients and talent.”

Industry Awards and Recognition

Nick Welle, Partner at Foley and Lardner LLP, has received a 2022 Philanthropic 5 Award from the United Way of Greater Milwaukee & Waukesha County. Created by the organization’s Emerging Leaders Council, the award recognizes five notable leaders in the community, particularly ones that have made significant contributions of mentoring, volunteer work, or leadership to nonprofit organizations in the area.

Mr. Welle is the Chair of the firm’s Health Benefits Practice Group, as well as the co-chair of the Pro Bono Committee based in Milwaukee. Both at the firm and through community volunteer work, Mr. Welle has managed projects such as camp clean-ups, backpack drives, and clothing fundraisers in the area, dedicating hundreds of hours to the Boys & Girls Club of Greater Milwaukee. Additionally, he assists in running the Milwaukee Street Law Legal Diversity Pipeline Program, which aids high school students from diverse backgrounds in researching potential legal professions.

At the 40 at 50 Judicial Pro Bono Recognition Breakfast, Barnes & Thornburg LLP was honored by the Judicial Conference of the District of Columbia Circuit’s Standing Committee on Pro Bono Legal Services for its ongoing commitment to pro bono legal services. More than 40 percent of the firm’s Washington D.C.-based attorneys performed more than 50 hours pro bono work in the last year, and as such, the firm was made eligible for the recognition.

In addition, the organization recognized Barnes & Thornburg for being one of only six firms in which at least 40 percent of its partners in the Washington D.C. office reached the 50-hour marker.

Tycko & Zavareei LLP’s Sabita J. Soneji has been nominated to the Public Justice Board of Directors for a term that will last three years. Working against unchecked corporate power, ongoing pollution, unjust employers, punitive credit card companies, and more, Public Justice engages in impactful legislation to take on notable systemic threats to justice in the United States. Ms. Soneji, a Partner at Tycko & Zavareei, has nearly 20 years of experience in litigation and legal policy, fighting consumer fraud at both the federal and state level.

“I’m genuinely honored to be nominated to serve on the Board of an organization that tirelessly works to promote justice, diversity, and fairness,” said Ms. Soneji. “I’m even more excited to get to do that work with such an incredible group of devoted attorneys.”

Diversity, Equity, and Inclusion

Brittainy Joyner, attorney at Shumaker, Loop & Kendrick, LLP, has been accepted into the 2022 cohort for the Nonprofit Leadership Center’s Advancing Racial Equity on Nonprofit Boards (ARENB) Fellowship. Broken into six separate sessions, the ARENB program helps to advance the racial and ethnic diversity of nonprofit boards throughout the Tampa Bay area, ensuring these organizations are prepared and committed to fostering more inclusive cultures and environments. Ms. Joyner, a member of Shumaker’s Litigation and Disputes Service Line, focuses her practice on litigation and disputes for homeowners associations, as well as arbitration, mediation, and negotiation.

“We are proud that Brittainy got accepted into Advancing Racial Equity on Nonprofit Board Fellowship,” said Maria Del Carmen Ramos, Shumaker Partner and Diversity and Inclusion Committee Co-Chair. “At Shumaker, we understand the importance of promoting racial equity. We are happy to see our attorneys, like Brittainy, being committed to doing something about it. We know Brittainy will be a valued fellow.”

In celebration of 2022’s Pride Month, New York Times bestselling author and Pulitzer Prize finalist Dr. Eric Cervini joined Katten Muchin Rosenman LLP attorneys for a virtual conversation about the history of LGBTQ+ politics in the United States, as well as the continued battle for LGBTQ+ rights. The event was moderated by firm Partner J Matthew W. Haws, who is a member of the Lesbian and Gay Bar Association of Chicago and the National LGBTQ+ Bar Association.

With more than 300 anti-LGBTQ+ bills proposed this year across the country, Mr. Cervini acknowledged the community’s ongoing struggle. However, he noted “As I remind people, we have been through much worse. We have survived the inquisition, the Lavender Scare, the AIDS crisis, and Anita Bryant […] We can certainly get through this. But we need to be studying up, how we were successful and how we failed in the past and then also be recruiting new allies, just as Frank Kameny recruited the ACLU, we need to be recruiting new allies today.”

Darrell S. Gay, partner at ArentFox Schiff LLP, has been named one of Crain New York Businesses’ 2022 Notable Diverse Leaders in Law. Selected for his contributions to local counseling, pro bono work, and community service and philanthropy, as well as his commitment to diversity, equity, and inclusion initiatives, Mr. Gay is an experienced attorney, focusing his practice on the field of labor and employment. He assists in guiding clients through employee relations issues, as well as internal investigations and traditional labor matters.

In addition, Mr. Gay is a longtime leader in the private bar and the business community. He served for three years as the Commissioner for the New York State Civil Service Commission, and additionally played a central role in founding and leading the firm’s Center for Racial Equality.

Article By Chandler Ford of The National Law Review / The National Law Forum LLC

For more business of law legal news, click here to visit the National Law Review.
Copyright ©2022 National Law Forum, LLC

3 Benefits of Cloud-Based Law Firms

Any law firm that’s evaluating practice management software has seen “cloud-based” options. Cloud technology has been around for a while, but some law firms are hesitant to switch to the cloud due to security concerns, lack of control, or downtime. The cloud has numerous benefits for a law firm, however. Instead of relying on filing cabinets and in-office servers, law firms can embrace the cloud and maximize their time and profits.

Why Should My Firm Use Cloud-Based Software?

Traditionally, law firms have relied on in-office software that is installed on a local computer or server within the office space. These servers are only accessible from computers in the same space but limit any remote access or capability. This setup quickly became an issue for law firms looking to sustain business continuity during the pandemic.

A cloud-based solution isn’t installed locally on the office server but is fully hosted on the internet. It uses a remote server maintained by the software provider, and access occurs through the internet. More recently, cloud-based legal practice management software has become the gold standard for law firms to manage and operate their business from anywhere. LPMs have slowly started to replace traditional servers and become the backbone for law firms to handle client management, calendaring, tasks, billing, and document storage.

Even post-pandemic, law firms are still learning to embrace legal technology and leverage the advantages of shifting their practice to the cloud. When done correctly and with the right resources, cloud-based law firms can improve aspects of their business from accessibility, security, client support, and even hiring and retention.

If you’re still on the fence about moving your firm to the cloud, here are 5 benefits that may change your mind:

Person checking phone for security code

1. Improved Security

Legal technology has come a long way in recent years with a strong emphasis on compliance and security. Law firms may be concerned about security, but some are realizing the cloud is more secure and cost-efficient than an on-premise solution. This is mostly because on-premise solutions typically require specialized support staff to perform lucrative updates to the system. These updates can cause severe downtime and even cost money calling in support.

With a cloud-based legal practice management software like PracticePanther, the all-in-one platform automatically updates and comes with the security and support your firm needs. The platform comes equipped with ABA and IOLTA compliant features and 256-bit military-grade encryption to ensure confidential information is safeguarded. It also offers two-factor authentication and customized security settings, which allow law firms to limit access to certain aspects of the software for some staff members.

Person communicating via video call

2. Supports Remote and Hybrid Work

Though many law firms are still working out the kinks — remote and hybrid working environments are a mainstay in the legal industry. Many lawyers are enjoying the productivity benefits and work-life balance of remote or hybrid schedules, allowing them to put in the hours they need for casework while also balancing their responsibilities at home.

On-premise legal software limits lawyers with remote work in many ways. Cloud-based legal software enables law firms to work securely within a centralized platform from anywhere. This allows staff to continue their responsibilities without risking accessibility or tasks falling through the cracks when staff are in different locations. For example, PracticePanther can create workflows with triggered tasks for staff to complete a new client onboarding, send documents for electronic signature, and even process payments. This process can be done from anywhere and lives in one system where the appropriate staff can easily access the case or client matter.

3. Streamlined Billing and Online Payments

Clients’ expectations have shifted and they want more convenient processes, especially with legal billing and how they conduct business with law firms. These clients are already using online services for virtually everything, from grocery shopping to accessing medical bills, and they want the same digital experience from their lawyers.

Cloud-based software makes this simple, especially when billing and online payments are built natively. This means firms can track time, create invoices, and send them for payment with easy-to-use payment links embedded. Platforms like PracticePanther also include exclusive reporting functions so firms can gain better insight into where and how their cash flow is generated to make more informed business decisions.

Outlook on Cloud-Based Firms

Cloud-based software offers law firms a unique opportunity to manage their practice and staff while growing their business from virtually anywhere. This structure has proved sustainable for many law firms and will continue to be the standard in the legal industry for firms that want to remain competitive and most importantly, profitable.

Article By Nina Lee of PracticePanther

For more legal marketing and technology news, click here to visit the National Law Review.

© Copyright 2022 PracticePanther

Throwing Out the Privacy Policy is a Bad Idea

The public internet has been around for about thirty years and consumers’ browser-based graphic-heavy experience has existed for about twenty-five years. In the early days, commercial websites operated without privacy policies.

Eventually, people started to realize that they were leaving trails of information online, and in the early ‘aughts the methods for business capturing and profiting from these trails became clear, although the actual uses of the data on individual sites was not clear. People asked for greater transparency from the sites they visited online, and in response received the privacy policy.

A deeply-flawed instrument, the website privacy policy purports to explain how information is gathered and used by a website owner, but most such policies are strangely both imprecise and too long, losing the average reader in a fog of legalese language and marginally relevant facts. Some privacy policies are intentionally obtuse because it doesn’t profit the website operator to make its methods obvious. Many are overly general, in part because the website company doesn’t want to change its policy every time it shifts business practices or vendor alliances. Many are just messy and poorly written.

Part of the reason that privacy policies are confusing is that data privacy is not a precise concept. The definition of data is context dependent. Data can mean the information about a transaction, information gathered from your browser visit (include where you were before and after the visit), information about you or your equipment, or even information derived by analysis of the other information. And we know that de-identified data can be re-identified in many cases, and that even a collection a generic data can lead to one of many ways to identify a person.

The definition of data is context dependent.

The definition of privacy is also untidy. An ecommerce company must capture certain information to fulfill an online order. In this era of connected objects, the company may continue to take information from the item while the consumer is using it. This is true for equipment from televisions to dishwashers to sex toys. The company likely uses this information internally to develop its products. It may use the data to market more goods or services to the consumer. It may transfer the information to other companies so they can market their products more effectively. The company may provide the information to the government. This week’s New Yorker devotes several pages to how the word “privacy” conflates major concepts in US law, including secrecy and autonomy,1 and is thus confusing to courts and public alike.

All of this is difficult to reflect in a privacy policy, even if the company has incentive to provide useful information to its customers.

Last month the Washington Post ran an article by Geoffrey Fowler that was subtitled “Let’s abolish reading privacy policies.” The article notes a 2019 Pew survey claiming that only 9 percent of Americans say they always read privacy policies. I would suggest that more than half of those Americans are lying. Almost no one always reads privacy policies upon first entering a website or downloading an app. That’s not even really what privacy policies are for.

Fowler shows why people do not read these policies. He writes, “As an experiment, I tallied up all of the privacy policies just for the apps on my phone. It totaled nearly 1 million words. “War and Peace” is about half as long. And that’s just my phone. Back in 2008, Lorrie Cranor, a professor of engineering and public policy at Carnegie Mellon University, and a colleague estimated that reading and consenting to all the privacy policies on websites Americans visit would take 244 hours per year.”

The length, complexity and opacity of online privacy policies are concerning. The best alleviation for this concern would not be to eliminate privacy policies, but to make them less instrumental in the most important decisions about descriptive data.

Limit companies’ use of data and we won’t need to fight through their privacy options.

Website owners should not be expected to write out privacy policies that are both sufficiently detailed and succinctly readable so that consumers can make meaningful choices about use of the data that describes them. This type of system forces a person to be responsible for her own data protection and takes the onus off of the company to limit its use of the data. It is like our current system of waste recycling – both ineffective and supported by polluters, because rather than forcing manufacturers to use more environmentally friendly packaging, it pushes consumers to deal with the problem at home, shifting the burden from industry to us.  Similarly, if the legislatures provided a set of simple rules for website operators – here is what you are allowed to do with personal data, and here is what you are not allowed to do with it – then no one would read privacy policies to make sure data about our transactions was spared the worst treatment. The worst treatment would be illegal.

State laws are moving in this direction, providing simpler rules restricting certain uses and transfers of personal data and sensitive data. We are early in the process, but if the trend continues regarding omnibus state privacy laws in the same manner that all states eventually passed data breach disclosure laws, then we can be optimistic and expect full coverage of online privacy rules for all Americans within a decade or so. But we shouldn’t need to wait for all states to comply.

Unlike the data breach disclosure laws which encourage companies to comply only with the laws relevant to their particular loss of data, omnibus privacy laws affect the way companies conduct the normal course of everyday business, so it will only take requirements in a few states before big companies start building their privacy rights recognition functions around the lowest common denominator. It will simply make economic sense for businesses to give every US customer the same rights as most protective state provides its residents. Why build 50 sets of rules when you don’t need to do so? The cost savings of maintaining only one privacy rights-recognition system will offset the cost of providing privacy rights to people in states who haven’t passed omnibus laws yet.

This won’t make privacy policies any easier to read, but it will become less important to read them. Then privacy policies can return to their core function, providing a record of how a company treats data. In other words, a reference document, rather than a set of choices inset into a pillow of legal terms.

We shouldn’t eliminate the privacy policy. We should reduce the importance of such polices, and limit their functions, reducing customer frustration with the privacy policy’s role in our current process. Limit companies’ use of data and we won’t need to fight through their privacy options.

ENDNOTES

1 Privacy law also conflates these meanings with obscurity in a crowd or in public.

Article By Theodore F. Claypoole of Womble Bond Dickinson (US) LLP

For more privacy and cybersecurity legal news, click here to visit the National Law Review.

Copyright © 2022 Womble Bond Dickinson (US) LLP All Rights Reserved.

How to Write Better Client Alerts and Blog Posts

One of the most effective marketing strategies for lawyers is writing client alerts and blog posts on a regular basis. Publishing content like this establishes you as a thought leader and helps to keep you top of mind with your clients, referrals, prospects and the media and bolsters your SEO results too.

So, what makes a good client alert or blog post? It’s not about writing the longest alert or publishing it before your competitors or including every detail about the court decision.

I see many law firms publish client alerts with good intentions – the whole idea is to get helpful information to your clients and prospects as quickly as possible with interesting insights.

A lot of law firms sometimes miss the mark because their client alerts are either just regurgitating facts, don’t have a lot of insight in them, are too long, are written in legalese and they’re not client-centric meaning they don’t put the client first and aren’t written for them and their needs, which completely defeats the point.

I also see alerts that are too cute or clever – with headlines based on movies, TV shows or music lyrics . What you really want to do is deliver a clear promise in the headline and provide value while engaging your reader.

A strong headline is often the determining factor on whether someone actually opens the content or not. You also must actually deliver on what you say you’re going to provide in the alert.

So if the alert says it is going to be on X topic and the first few sentences lead you to believe that, but then it goes down another path, that’s clickbait and frustrates the reader.

Almost as important as what you write is how you structure the alert. Dense, long paragraphs are not going to capture your reader’s attention today. Try using shorter paragraphs with subheadings. Make it easy for someone to follow along and find points of engagement. Bulleted or numbered lists also work well to engage your reader.

In addition, make sure your alert has a vantage point. Just regurgitating information that somebody can find on a public website about a major decision or case or update in the law is not very poignant, memorable, relevant or helpful.

What is helpful and useful is explaining what the decision or update means for your client’s business.  And of course, the hidden underlying message is “we can help you with this, we care about you and our insights can help solve your thorniest legal and business needs.” Just make sure that your content supports that too.

Writing client alerts and blog posts is one of the best ways to get back in touch with your clients, referrals and prospects in a way that showcases your subject-matter authority. Plus you’re not even thinking about all of the silent viewers and readers of your content and how that can actually lead to new business, greater visibility and brand recognition.

If writing a client alert or blog post seems too overwhelming to do alone, buddy up with a colleague or even better – a client. The summer is a great time to focus on drafting and publishing a piece of content like this, so what are you waiting for?

Watch this video for more tips on writing a better client alert or blog post.

Copyright © 2022, Stefanie M. Marrone. All Rights Reserved.

Privacy Tip #335 – Health Care Sector Continues to Be Hit with Ransomware

According to the 2022 State of Ransomware Report issued recently by Sophos, it surveyed 5,600 IT professionals from 31 countries, including professionals in the health care sector. Those professionals in the health care sector shared that 66 percent of them had experienced a ransomware attack in 2021, which was an increase of 69 percent over 2020. This was the largest increase of all sectors surveyed.

If you look at the Office for Civil Rights data breach portal, you will see that a vast majority of breaches reported by health care providers and business associates are related to “Hacking/IT incident.” This confirms that the health care sector continues to be attacked by threat actors seeking to steal protected health information of patients.

If you are a patient who receives a breach notification letter from a health care provider or business associate, the letter will provide guidance on how to protect yourself following a data breach and may offer some protection guidance, including credit monitoring or fraud resolution. Such a letter has been sent to patients to comply with the breach notification requirements of HIPAA and state law. Part of those requirements includes that the patients be provided mitigation steps following the breach to protect themselves from fraud. Avail yourself of these protections in the event your information is compromised. Take the time to sign up for the mitigation offered. It is clear that these attacks will not subside any time soon.

Article By Linn F. Freedman of Robinson & Cole LLP

For more cybersecurity and media legal news, click here to visit the National Law Review.

Copyright © 2022 Robinson & Cole LLP. All rights reserved.

June 2022 Legal Industry News and Highlights: Law Firm Hiring, Industry Recognition, and New Diversity and Inclusion Efforts

Happy Summertime from the National Law Review! We hope you are staying safe, healthy, and cool. Read on below for the latest news in the legal industry, including law firm hirings and expansion, legal industry awards and recognition, and diversity, equity, and justice efforts in the field.

Law Firm Hiring and Expansion

Michael Best & Friedrich LLP has added Brett R. Valentyn as Senior Counsel to the firm’s Corporate and Transactional Practice Group. Mr. Valentyn, a well-practiced mergers, acquisitions, and corporate attorney, has a wide array of experience in areas such as private equity, corporate governance, and transactional and contractual matters. He has advised clients across industries in buy-side and sell-side transactions for both small-cap and large-cap companies.

“Brett’s successful history in advising clients on transactional matters has him well-positioned to flourish,” said Jason Rogers, Chair of the Corporate & Transactional Practice Group. “Brett’s impressive background in transactional law will only strengthen our already deep bench of talented and business-minded private equity and M&A attorneys. I’m confident Brett will make a wonderful addition to our Corporate & Transactional Practice Group.”

Corporate attorney Eric D. Statman has joined the Toxic Torts practice group at Goldberg Segalla. A 20-year veteran of complex commercial litigation, Mr. Statman is poised to continue his environmental, product liability, and mass tort practice out of the firm’s Manhattan office.

Previously, Mr. Statman has aided clients across a variety of industries, resolving major disputes with minimum impact to corporations through mediation or litigation, as well as negotiating a large number of group settlements. Notably, he has represented asbestos defendants as local and national counsel, helping to develop strategies to minimize exposure.

Michael J. Ligorano has rejoined Norris McLaughlin’s Real Estate, Finance, and Land Use Group and Immigration Practice Group after nine years as the Diocese of Metuchen’s General Counsel. Ligorano is an established New Jersey land use and immigration practitioner with experience evaluating undeveloped land, as well as acquiring, developing, and financing municipal projects around the state. In addition to city planning, Ligorano has served as a legal resource for multinational businesses who wish to enter the United States, assisting in the navigation of the US immigration process. He is the former supervising attorney for the Diocese of Metuchen Catholic Charities Immigration Program, and a member of the American Immigration Lawyers Association.

“Michael has a deep understanding of our firm and of the local landscape. He is not only one of the state’s foremost land use and commercial real estate attorneys, but as an experienced immigration counsel will help make ours arguably the best immigration practice in the region,” said David C. Roberts, Chair of Norris McLaughlin. “We are pleased to have Michael at the firm and look forward to his leadership and cross-practice collaboration.”

Five partners and eight associates have joined the Chicago office of the MG+M The Law Firm. The Asbestos Litigation Practice welcomes Partners Timothy Krippner, Michael Cantieri, Christopher Triska, William Irwin, and Daniel Powell, as well as Associates Alex Blair, Elizabeth Grande, Aerial Henderson, Dragana Kovacevic, Cindy Medina-Cervantes, Emily Sample, and Andrea Walsh. The new members bring with them decades of combined high-stakes complex commercial and liability defense experience.

“MG+M enthusiastically welcomes this exceptional team of professionals to our firm,” commented MG+M Chairperson and Partner John B. Manning. “We have collaborated with this group of lawyers for years and look forward to their enhancement of our brand as a go-to firm for high-stakes litigation matters in Illinois, the Midwest and nationally.”

Legal Industry Awards and Recognition

The Environmental Practice Group at Greenberg Traurig, LLP has been recognized in the Legal 500 United States 2022 Guide. 31 attorneys across 12 offices in the US were included in the list, highlighting the firm’s expertise in areas such as environmental regulation, environmental litigation, energy regulation, mass torts, and Native American law.

Of particular note, shareholder David B. Weinstein was recognized in the U.S. Guide as a Leading Lawyer in the category of Dispute Resolution > Product Liability, Mass Tort, and Class Action – Defense: Toxic Tort. Likewise, shareholder Troy A. Eid was recognized as a Leading Lawyer for Industry Focus > Native American Law.

Canadian law firm Blake, Cassels & Graydon LLP was recognized six times at the 2022 Benchmark Canada Awards, including three separate “Firm of the Year” Awards. Specifically, the firm was named the Competition Litigation Firm of the Year for the first time, the White Collar Crime/Enforcement Firm of the Year for the third consecutive year, and the Arbitration Firm of the Year for the fifth consecutive year.

In addition, Blakes was granted the Impact Case of the Year award for work on Sherman Estate v. Donovan, led by partner Iris Fischer. Partners Michael Barrack and Melanie Baird also received the Hall of Fame Award and the IP Litigator of the Year award, respectively.

Thomson Reuters has named six Stubbs Alderton & Markiles attorneys as “Rising Stars” on the Southern California Super Lawyers list. The members of the firm that have been selected are listed here:

Attorneys selected for the Super Lawyers list demonstrate a high degree of personal and professional achievement, as well as a significant level of peer recognition. The list selects only 2.5 percent of under-40 lawyers in the Southern California area for the “Rising Stars” designation, making decisions based on peer nomination, independent research, and peer evaluation.

Two Womble Bond Dickinson (US) attorneys have been ranked in the 2022 edition of Chambers USA. Cristin Cowles, Ph.D., an experienced patent prosecution and patent lifecycle management attorney, has been ranked in Intellectual Property. Jed Nosal, a practiced state regulatory oversight, enforcement, and compliance attorney, has been ranked in Energy & Natural Resources.

Additionally, the firm’s Massachusetts-based Energy & Natural Resources practice has been recognized by Chambers USA as an industry leader. In total, 60 Womble Bond Dickinson attorneys and 22 state-level practice areas have been recognized in the 2022 edition of Chambers USA.

Diversity, Equity, and Justice Efforts

Chris Slaughter, CEO of Steptoe & Johnson PLLC, affirmed the firm’s commitment to diversity and inclusion by taking the Leaders at the Front Initiative Pledge with the Leadership Council on Legal Diversity. Nationally recognized for its strengths in energy law, business, labor and employment, and litigation, Steptoe & Johnson has a longstanding commitment to diversity, equity, and inclusion, with efforts such as the D Cubed Program, the Standing Diversity & Inclusion Committee, and ongoing diversity recruitment and retention efforts.

The Leaders at the Front Initiative is a movement intended to forefront the conversation about diversity and inclusion for major organizations and law firms. It requires an organization to act on their pledge by creating an action plan that turns their words into measurable actions, with the end goal of helping a new diverse generation of attorneys obtain positions of leadership and in return create a national legal industry that is diverse and inclusive.

Three Bradley Arant Boult Cummings LLP attorneys have been recognized by the Virginia Access to Justice Commission for their outstanding pro bono services. Lee-Ann C. Brown, an associate at the firm, has been named the 2020-2021 Pro Bono Service Champion, an honor reserved for top Virginia attorneys reporting the highest number of pro bono hours. Douglas L. Patin and Henry C. Su have likewise been named 2020-2021 Pro Bono Service Honor Roll members for contributing over 40 hours of pro bono service.

The Virginia Access to Justice Commission was established in 2013 by the state’s Supreme Court to promote equal access to justice, with a particular emphasis on the civil needs of Virginia residents. The bar’s participation in pro bono service has since become a priority for the Commission, connecting judges, lawyers, and legal aid and social services to assist in making the courts more accessible for all.

“These attorneys have made tremendous strides in providing pro bono service and working to promote access to justice in the Virginia community, and we are proud of their significant contributions,” said Bradley Pro Bono Counsel Tiffany M. Graves.

Hunton Andrews Kurth LLP has announced the establishment of the HuntonAK Pathfinders Scholarship Program, a 10-week, paid Summer Clerkship for outstanding first-generation 2L law students. Stemming from the winning submission at the firm’s annual “Hackathon,” a brain-storming competition for enhancing diversity and inclusion in the legal industry, the scholarship seeks to attract students to the private practice of law while providing valuable work and mentorship experiences at the firm.

“Hunton Andrews Kurth is committed to making our profession more accessible to talented law students who have already demonstrated great determination by climbing the first rung of the educational mobility ladder,” said managing partner Wally Martinez. “This scholarship, strictly for first-generation students, is one of the first of its kind and we are honored to help lead the way with this effort.”

Article By Chandler Ford and Crissonna Tennison of The National Law Review / The National Law Forum LLC

For more business of law legal news, click here to visit the National Law Review.

Copyright ©2022 National Law Forum, LLC

Six Tips for Selecting the Right CRM System

Before deciding on a new CRM, follow these steps to select the right CRM system that meets your requirements, enhances adoption, offers value to your users – and can provide a return on your investment.

Research estimates that up to 70% of CRM systems fail to meet expectations – and a failed CRM implementation can be extremely costly, not just in terms of the financial expense, but also because of the costs in lost time – and credibility. Even more impactful: you don’t often get a second chance at CRM success. This means that it’s critical to select the right CRM system the first time.

The good news is CRM success is more than possible. If you simply follow a few critical steps before and during the CRM selection process, you can ensure that the system you select will help you achieve your organization’s goals, enhance adoption and provide value to your users – and deliver a return on your technology investment.

Tip 1: Problems First, Then Products

When attempting to successfully select and implement CRM software, it’s essential to focus on people and processes first, products second. Too many people immediately rush out to find potential vendors, so they can set up demonstrations of the most popular CRM software.

While it’s easy to get caught up in the shiny bells and whistles of a good CRM demo, it’s important to resist the temptation to dive into features and functions too soon without first taking the time to gain a real understanding of your organizational and user needs.

Tip 2: Assess Your Needs

Organizations buy CRM software for a number of reasons – but each organization is unique. To provide real value and ROI, before making the purchase, you have to understand what you are trying to accomplish.

Start by putting together a list of the key reasons you think you need a CRM.

  • Are you trying to communicate more effectively with clients and prospects?
  • Manage and evaluate the ROI of events or sponsorships?
  • Track and enhance business development efforts?
  • Help the organization be more efficient?
  • Increase business and revenue?

After assessing your organization’s needs, you may discover that you have more goals than you first thought.

If this is the case, it will be important to prioritize the goals. Don’t try to boil the ocean. If you try to tackle too many things at once, especially during the initial rollout, you will be less likely to succeed. Instead, assign your goals to a timeline based on importance and value to users. For the initial implementation, set a few relevant goals, achieve those initial successes, communicate the successes – and repeat.

Making your users part of the process up front will also make them more likely to adopt the software later.

Once you understand your organization’s unique needs and requirements, it’s time to talk to your users. One of the biggest frustrations we hear from clients is a lack of CRM adoption. This isn’t surprising since, in many of these organizations, system users were not involved during the selection process. To get people to buy in and use software, it has to provide value not only to the organization, but to the users individually. The challenge is that different people define value differently, which means different groups or types of users will have their own unique needs and requirements. That’s why it’s so important to get them involved early. Making your users part of the process up front will also make them more likely to adopt the software later.

To gather user input, consider creating focus groups to provide feedback on product features and functions. You may even want to meet with some of the naysayers individually to start encouraging their participation and head off future roadblocks. Finally, be sure to involve key stakeholders in system demonstrations to help evaluate the software and solicit their feedback before proceeding with system selection. In fact, it’s beneficial to have users involved throughout the rollout to offer ideas on how to improve the CRM implementation for everyone.

Tip 3: Evaluate the Systems and Providers

After gathering all the relevant information, it’s important to fully document your requirements and make sure you are well-prepared before reaching out to providers. The best way to do this is with what I call a ‘demo roadmap.’ This is a comprehensive two- to three-page document that sets out all of the details for the demonstrations along with all the needs and requirements gathered during the needs assessment and the features and functionality that you want to see.

Your ‘roadmap’ will guide the CRM providers so that they show you the key system attributes that are critical to the success of your organization and users and also helps to prevent the demonstrations from becoming a ‘dog and pony show.’ Your roadmap should be shared with the CRM providers well in advance of the demonstrations to give them time to adequately prepare.

Some larger organizations may also find it beneficial to take an additional step and create a much more detailed, formal RFP document. This request for proposals would be sent to potential CRM providers to solicit answers to a number of questions before scheduling any demos. The formal responses allow you to evaluate and compare the vendors and their system features and pricing in advance of the demonstrations. Many organizations use the RFP to limit the demonstrations to only the potential providers who are able to meet the organization’s budget and other requirements.

Once you have identified a few CRM systems that meet your requirements, you can begin the vetting process to select the right CRM system for your organization.

Tip 4: Direct the Demonstrations

It’s essential that the CRM demonstrations allow you to make an informed decision and adequately and accurately compare systems, features and pricing. It’s also important at this phase to again involve your users. CRM systems have a reputation for being notoriously difficult to implement, and the last thing you want is to be responsible for unilaterally selecting a system that then doesn’t meet user expectations. This can also help to make them more invested in system success.

It’s also important to structure the participation and demonstrations so you maximize the benefits.

First, it can be helpful to thin the field of participating CRM providers to a manageable number.

Next, select a group of users to participate. It can be good to choose users from different groups such as professionals and administrative, so you get some different perspectives.

Participants selected must have the time and inclination to participate and must be willing to sit through all of the demonstrations so they can accurately compare all the systems.

Finally, you may want to prepare the users by sharing the requirements and/or roadmap with them and asking them to be prepared to ask any questions they may have.

You should also prepare the providers. First, let them know how much time they have. A typical CRM demonstration can take between one and two hours.

Also let them know who will be participating and what their needs and interests are. If you have professional or executive users who have limited time for demonstrations, it can be helpful to direct the providers to spend the first 30 minutes to an hour of the demo on the features that are most relevant to those users.

Then they can step out and the rest of the time can be spent showing you the more detailed back-end functionality. Finally, be sure to leave at least 15 minutes at the end of the demonstrations for questions.

Tip 5: Check References

CLIENTSFirst CRM References Checklist

Before making the final commitment to a CRM system, it’s important to make sure you go through a thorough vetting process. It’s important to make sure you get all the information you need before finalizing your purchase.

First, ask the CRM vendor for references you can speak with. But don’t stop there. Talk to other companies or organizations in your industry who have used the software. Be sure to ask open-ended questions that will help you learn not only about the software, but also about other important areas. A few good questions to ask include:

  • Would you recommend the software?
  • Has the system performed as expected?
  • What were the biggest challenges with the implementation?
  • Were there any unexpected costs or delays?
  • What do you wish you had done differently during the selection and implementation?
  • How was the service after the sale?

For a comprehensive list of good questions to ask before finalizing the sale, check out our CLIENTSFirst CRM Reference Checking Questions Document.

Tip 6: Final Selection Steps

Once you have selected the right CRM system for your organization, there are still a few additional important details that require attention. You will want to have a formal scoping call with the provider to be able to accurately gauge the actual cost. The final price can vary depending on a number of variables including:

  • The number and types of licenses
  • Additional modules or software needed
  • Professional services to implement
  • Ongoing annual subscription or maintenance costs
  • Any proposed integrations
  • The types of training and materials
  • Data conversion and/or quality

If the price is an issue with your system of choice, there are also options. First, there may be room for negotiation. Alternatively, you can do a phased rollout to spread the costs over time. Some organizations prefer to start the rollout with Marketing and power users and then roll out to a small pilot group. Then additional groups can be added in later phases over time.

Finally, remember that in any sale, you are not finished until the paperwork is done. After the price is agreed upon, you will need to review the contract or agreement. While these documents may look official and final, in fact they are often open to negotiation, so it can be beneficial to modify some of the contract terms.

For instance, if the software is new to the market, you may be able to get a discount or arrange a beta test at a reduced rate.

Additionally, instead of paying the entire invoice up front, you can often negotiate payment terms that are stepped over time based on the satisfactory completion of key deployment steps. This can enhance your chances of CRM success by aligning your CRM vendor’s success with yours.

One Last Tip: Don’t Do It Alone

Selecting the right CRM system can be a daunting process. Most firms have never been through the process before – and few want to repeat it.

Article By Christina R. Fritsch JD of CLIENTSFirst Consulting

For more business of law legal news, click here to visit the National Law Review.

© Copyright 2022 CLIENTSFirst Consulting

THE OLD 9999 SCAM?: Plaintiff Alleges Defendant Made 5000 Illegal Phone Calls to his Number–But is it a Set Up?

So ostensiby the case of Mongeon v. KPH Healthcare, 2022 WL 1978674 Case No. 2:21-cv-00195 (D. Vt. 06/06/2022) is simply a case about the definition of “consumer” under the Vermont Consumer Protection Act (“VCPA”), 9 V.S.A. § 2453.

The plaintiff alleges his receipt of 4000 calls from the Defendant after the Defendant promised to stop calling was an act of “fraud” and “deceit” under the VCPA. But since the Plaintiff has not alleged facts establishing he is a “consumer” within the meaning of the Act the Court dismissed the case, without prejudice.

Pretty blasé.

But let’s back up. Why would Defendant–seemingly a local pharmacy–blast the Plaintiff’s number so many times?

Well the Plaintiff’s full number is not set forth in the decision–but the last four digits are “9999.”

Many years ago before I became a TCPA class action defense lawyer I–like many out there–had a very low impression of the TCPA. I remember a guy in law school who made tuition bring junk fax cases. And I had a colleague who was locked in mortal battle with some clown who was bringing a series of small claims TCPA suits in Southern California arising out of calls to a “designer phone number”: 999-999-9999.

Hmmmmm.

Much like the old case of Stoops in which the Plaintiff had over 80 cell phones–or the recent case of Barton in which the Plaintiff had a cell phone purchased specifically to set up TCPA suits–a 9999 scammer will pick up a “designer number” like 999-999-9999 and wear it is for a legitimate purpose. “I run a real estate agency, etc.” Looking deeper there is rarely any utility behind the number–although other designer numbers like (800) 444-4444 are very helpful–and the numbers are often just used to net TCPA lawsuits.

The reason it works is rather obvious.

When I walk into my local Sports Clips for my monthly trim there is no way I’m going to give them my private cell phone number. So I give them 999-999-9999. (Of course, I also give them my email of no@no.com.) It works perfectly well for check in, and I never receive any texts or calls from them reminding me to come back to style my luscious used-to-be-black locks.

Apart from folks providing the number 999-999-9999 to a business, many companies will knowingly have their agents enter the number as a default when the customer does not otherwise provide their number. This was the case in the old “small claims bandit” run of suits I mentioned earlier–apparently a local hospital group was engaging in this practice, which lead to an endless number of TCPA suits being filed against them by an enterprising Plaintiff.

Well Mongeon appears to be the same issue. Per the ruling: , Defendant’s representatives advised Plaintiff “that his phone number was attached to multiple other customers who had prescriptions at the pharmacy” because Plaintiff’s phone number, XXX-XXX-9999, is “the ‘default’ number for all new or current customers in [Defendant’s] system without a phone number.” 

Pro tip: the 9999 play is arguably the oldest manufactured lawsuit trick in TCPAWorld. Don’t fall for it. Never use 999-999-9999 (or any other series of numbers) as a “default” setting for customer phone numbers. And if you do, you definitely want to suppress dialing to those numbers.

Stay safe out there TCPAWorld.

Article By Eric J. Troutman of Troutman Firm

For more communications, media, and internet news, click here to visit the National Law Review.

© 2022 Troutman Firm

Thailand’s Personal Data Protection Act Enters into Force

On June 1, 2022, Thailand’s Personal Data Protection Act (“PDPA”) entered into force after three years of delays. The PDPA, originally enacted in May 2019, provides for a one-year grace period, with the main operative provisions of the law originally set to come into force in 2020. Due to the COVID-19 pandemic, however, the Thai government issued royal decrees to extend the compliance deadline to June 1, 2022. 

The PDPA mirrors the EU General Data Protection Regulation (“GDPR”) in many respects. Specifically, it requires data controllers and processors to have a valid legal basis for processing personal data (i.e., data that can identify living natural persons directly or indirectly). If such personal data is sensitive personal data (such as health data, biometric data, race, religion, sexual preference and criminal record), data controllers and processors must ensure that data subjects give explicit consent for any collection, use or disclosure of such data. Exemptions are granted for public interest, contractual obligations, vital interest or compliance with the law.

The PDPA applies both to entities in Thailand and abroad that process personal data for the provision of products or services in Thailand. Like the GDPR, data subjects are guaranteed rights, including the right to be informed, access, rectify and update data; restrict and object to processing; and the right to data erasure and portability. Breaches may result in fines between THB500,000 (U.S.$14,432) and THB5 million, plus punitive compensation. Certain breaches involving sensitive personal data and unlawful disclosure also carry criminal penalties including imprisonment of up to one year.

Article By Hunton Andrews Kurth’s Privacy and Cybersecurity of Hunton Andrews Kurth

For more communications, media & internet news, click here to visit the National Law Review.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.

NCLC Tells FCC “Callers can easily avoid making calls to telephone numbers that have been reassigned….” – But Is it That Simple?

The National Consumer Law Center is at it again.

In response to the Department of Health and Human Services’ recent letter to the FCC seeking clarity on whether the TCPA applies to texts it would like to make to alert Americans of certain medical benefits, the NCLC–an organization that nominally represents consumers, but really seems to represent the interests of the plaintiff’s bar–has filed a comment.

Unsurprisingly, the NCLC takes the position that HHS needs no relief. Government contractors are covered by the TCPA–it says–but the texts at issue in HHS’ letter are consented, so they’re fine. (Although it later clarifies that only “many” but not “all” of the enrollees whom HHS wishes to call have “probably” given their telephone numbers as part of written enrollment agreements–so perhaps not.)

Hmmmm. Feels like a trap. But we’ll ignore that for now.

The critical piece here though is what the NCLC–very powerful voice, for better or (often) worse–is telling the FCC about the effectiveness of the new Reassigned Number Database:

3. Callers can easily avoid making calls to telephone numbers that have been reassigned to someone other than the enrollee

A primary source of TCPA litigation risk has been calls inadvertently made to numbers that are no longer assigned to the person who provided consent. Courts have held the caller liable for making automated calls to a cell phone number that has been reassigned to someone other than the person who provided consent to be called.29

The Commission has implemented the Reassigned Number Database specifically to address that risk of liability, as well as to limit the number of unwanted robocalls:

The FCC’s Reassigned Numbers Database (RND) is designed to prevent a consumer from getting unwanted calls intended for someone who previously held their phone number. Callers can use the database to determine whether a telephone number may have been reassigned so they can avoid calling consumers who do not want to receive the calls. Callers that use the database can also reduce their potential Telephone Consumer Protection Act (TCPA) liability by avoiding inadvertent calls to consumers who have not given consent for the call.31

The database has been fully operational since November 1, 2021. It provides a means for callers to find out before making a call if the phone number has been reassigned. If the database wrongly indicates that the number has not been reassigned, so long as the caller has used the database correctly, no TCPA liability will apply for reaching the wrong party. 32 Thus, as long as HHS’s callers make use of this simple, readily available database, they can be confident that they will not be held liable for making calls to reassigned numbers.

While I steadfastly support both the creation and use of the RND, it also must be observed that there are myriad problems with the RND as it currently exists. Most importantly, the data sets in the RND are only comprehensive through October 1, 2021 and spotty back to February, 2021 (beyond which there are no records!)

So for folks like HHS–and servicers of mortgages, and retailers, and credit card companies–who want to reach customers who provided their contact information before 10/2021 or 2/2021 the RND is simply not helpful.

The NCLC’s over simplification of a critical issue is not surprising. They once told Congress that the TCPA is “Straightforward and Clear” after all.

Full comment here: NCLC Comments-c3

We’ll keep an eye on developments on HHS’ letter and all the FCC goings ons.

Article By Eric J. Troutman of Troutman Firm

For more TCPA and communications legal news, click here to visit the National Law Review.

© 2022 Troutman Firm