LitSmart

  • Jim Hefferan
    LitSmart News

    Quarterly Spotlight On..... Senior E-Discovery Attorney Jim Hefferan

    I had the recent opportunity to sit down (virtually) with Senior E-Discovery Attorney Jim Hefferan and find out more about his extremely interesting background and life. Considering his role as a member of the City Council for his town of Belmont, NC, I also thought he might have a unique perspective on how COVID-19 has changed our lives.

  • Technology Competence
    Legal Updates

    What You Don’t Know Will Hurt You: Technology Competence in the Time of COVID-19

    Last fall, I had the pleasure of speaking on a panel at the 2019 Relativity Fest entitled “Why Lawyers SHOULD Be Luddites.” It was a lively discussion about whether lawyers should be luddites, whether robots would be taking attorney jobs, should attorneys learn to code, and how to future-proof yourself. Opinions were split but what struck me the most was that a majority - if not all – of the attendees wanted to learn how to future-proof themselves. In this blog I offer tips on how to take advantage of technologies to do just that.

  • 3 Tips for Managing the Preservation of Mobile Device Data
    Legal Updates

    3 Tips for Managing the Preservation of Mobile Device Data

    Even when the need to preserve mobile data is clear, for clients who are not technical experts or who do not have technical experts on staff, how to go about actually preserving that data may not be so obvious. As legal professionals, it is important that we understand how to help our clients preserve mobile data and what pitfalls they may encounter.

  • Finalist
    LitSmart News

    Kilpatrick Townsend Recognized as Best Law Firm Solution Finalist in Relativity Innovation Awards at Relativity Fest

    Atlanta, Georgia - October 1, 2019 - Kilpatrick Townsend & Stockton LLP today announced that they have been named a finalist in the Relativity Innovation Awards at Relativity Fest for Best Law Firm Solution for their LitSmart® AutoTasker“Being a finalist for the fifth year in a row for this prestigious and coveted honor is a true testament to Kilpatrick Townsend’s commitment to client service and innovation.”

  • Legal Updates

    PRIVACY PLEASE, DO NOT DISTURB: Proportionality and Privacy

    As you recall, in December of 2015, the amended FRCP 26(b)(1) sought to address the escalating burdens associated with data preservation and production by emphasizing proportionality and defining the scope of discovery. As the latest proportionality rulings show, Rule 26(b)(1) is having an impact on limiting the scope of discovery based on the associated expense and some state courts are even following the federal courts’ lead in enforcing proportionality. Interestingly, while expense continues to be a factor in the proportionality argument, parties’ objections on the basis of proportionality have extended to nonmonetary factors as well, including privacy. As a result, some courts are now recognizing privacy as a consideration in determining whether the discovery sought is proportional to the needs of the case.

  • Big Claws
    Legal Updates

    My My, What Big Claws You Have! Navigating the Pitfalls of Drafting Clawback Agreements

    One of the greatest fears in any litigation matter is that you will somehow accidentally produce work product or attorney-client privileged documents to the opposing side and waive the privilege. As a result, it has become standard protocol for parties to enter into clawback agreements that protect sensitive electronically stored information (ESI). Clawback agreements allow parties to agree that the inadvertent production of privileged information will not automatically waive the privilege and provide a process for the return or destruction of that privileged material.