Thursday, November 20, 2014

Risk News: Conflicts & Disqualification (Accusations & Attempts)


First, from Law360 (paywall/free trial): "Wiley Rein Fights Atty's DQ Bid In Continental Policy Suit" --
  •  "Wiley Rein LLP on Monday told a New York federal judge that the firm shouldn’t be disqualified from representing Continental Casualty Co. in a dispute with an attorney over a professional liability policy, saying that the attorney hadn’t shown that the firm would offer testimony prejudicial to him during trial."
  • "Darius Marzec of the Marzec Law Firm PC had sought last month to disqualify the entire firm from representing Continental under the New York Rules of Professional Conduct’s witness advocate rule, which precludes attorneys from acting as advocates if they are likely to be a witness in the trial. Marzec had argued that the rule was triggered because the firm had represented Continental when it denied his claim for coverage."
  • "But Wiley Rein argued that not only was Marzec’s argument premature because the rule is triggered only during a trial, he could only speculate as to the firm’s role in issuing Continental’s coverage correspondence."
  • "'Mr. Marzec cannot possibly have personal knowledge of how Continental conducted its coverage investigation or made its coverage decisions. Thus, there simply is no factual basis for concluding that any of Continental’s attorneys are likely to be witnesses at a trial in this matter,' the motion stated."
Next, via the Lawyer comes: "China oil giant CNOOC breaks ties with Baker & McKenzie after internal investigation finds conflict of interest" with additional detail from the Wall Street Journal --
  • "The Chinese energy company China National Offshore Oil Corp. said it sanctioned one of its top lawyers for conflicts of interest with Baker & McKenzie, a U.S. law firm that has often represented it and that in Beijing is led by the woman’s husband."
  • " Cnooc said it found that Karen Kang Xin violated unspecified national regulations and its corporate policies by accepting trips to Europe and Australia paid for by Baker, and that she subsequently helped the law firm win legal work. The note, which was reviewed by The Wall Street Journal, said Ms. Kang dated and then married Baker’s chief representative in Beijing, Stanley Jia Dianan, 'and did not withdraw from the conflict of interest after the marriage.'"
  • "By citing the U.S. law firm by name in its allegations, Cnooc’s letter adds an international dimension to corruption investigations in China’s oil industry that have rocked the sector for more than year."
  • "In response to questions Monday, Baker said in a written statement that it 'has strict rules and guidelines about professional conduct. Based on all of the information we have reviewed, we have not identified any breach of any professional rules or internal Baker & McKenzie rules by our attorneys or employees in this matter.'"

Wednesday, November 19, 2014

White Paper: Law Firm Information Security & Confidentiality - Managing the Delicate Balance

ILTA's recently published Fall White Paper features an article on the increasingly complex challenge of balancing compliance vs. convenience when it comes to law firm information security.
 
Co-authored by Rudy Moliere (Director of Records & Information at Morgan Lewis) and Mohit Thawani (Head of the Information Security Practice Group at Intapp), the article explores how firms can approach the trade offs between tightly controlling access to the sensitive internal information (which is increasingly distributed across offices, devices and even in third-party cloud services) and enabling lawyers and staff to be effective and avoid unnecessary barriers, overhead and inconvenience.
 
To understand the Benjamin Franklin featured in the clip art, read on in: "Information Security and the Spirit of Compromise" --
  • "A security program that includes more stringent controls will inevitably have some impact on lawyer and staff behavior, habits and productivity. Everyone must understand how an innocent mistake could have drastic consequences."
  • "They must also make informed decisions on how much risk the firm is willing to accept to maintain normal levels of productivity, and, conversely, how great a hit on efficiency the firm can accept to achieve a desired level of security."
  • "As security becomes a business issue, IT and security professionals must also adapt their approach, doing less watching around the perimeter and more negotiating with those inside it about the level of security required."
  • "There is no better way to do that than to align security with firm strategy, to remind leadership that today's clients expect strong controls and will readily take their work to another firm with a more confident security posture."

Tuesday, November 18, 2014

Decisions of Note: Conflicts Allegations & Disqualifications


When it comes to expert Bill Freivogel, we're not exactly sure when he has time to do things other than legal research (though we know he does). Here are several recent decisions he's flagged:
  • "HLP Props., LLC v. Con. Ed. Co. of N.Y., Inc., 2014 U.S. Dist. LEXIS 147416 (S.D.N.Y. Oct. 16, 2014). Law Firm found itself representing Parent Co. on corporate matters and against Subsidiary Co. on a long-running environmental matter (this case). Sub Co. moved to disqualify Law Firm in this case. In this opinion the court denied the motion. First, the court found that Parent and Sub were one for conflicts purposes, noting, among other factors, that they shared a law department. In effect, the court applied a balancing/'no harm, no foul' test. First, the court noted how prejudiced Sub’s client would be if it lost Law Firm in this case. Second, the court noted that different offices and different lawyers were involved at Law Firm and that there was no sharing of Parent’s information. Though ruling for Law Firm, the court said that Law Firm’s failure to obtain waivers from Sub and Parent when it began representing Parent was 'troubling.'
  • "Anderson & Anderson LLP-Guangzhou v. N. Am. Foreign Trading Corp., 2014 N.Y. Misc. LEXIS 4611 (N.Y. Sup. Ct. Oct. 20, 2014). Client hired Lawyer to collect an arbitration award. Lawyer drafted the contingent fee agreement between Lawyer’s law firm 'Law Firm') and Client. Law Firm, representing itself, brought this action against Client to enforce the fee agreement. Client moved to disqualify Lawyer in this case. In this opinion the court disqualified Lawyer and Law Firm under Rule 1.9 (former client rule). The court also ruled that Lawyer, but not Law Firm, was disqualified under Rule 3.7 (lawyer as witness)."
  • "The Copper Cellar Corp. v. Ole Smokey Distillery, 2014 U.S. Dist. LEXIS 146054 (E.D. Tenn. Oct. 14, 2014). Trademark case. Lawyer for Defendant has in the past done trademark work for Plaintiff. Plaintiff moved to disqualify Lawyer in this case. In this opinion the magistrate judge denied the motion. In a fact-intensive analysis the court noted that Lawyer’s work for Plaintiff involved different trademarks and said that “[t]he Court is not prepared to find that all trademark matters are substantially related” within the context of Rule 1.9."

Monday, November 17, 2014

Macfarlanes Goes Live with New New Business Intake and Conflicts Management Software


 
Macfarlanes, a leading London law firm ranked amongst the top 20 most innovative law firms in Europe by the Financial Times, serving clients on a full range of corporate, commercial and dispute matters as well as on their private affairs, has implemented Intapp Open for new business intake and conflicts management.
 
Macfarlanes selected the Intapp Open platform after the product was launched in 2013.  Intapp Open was rolled out firm-wide this year, following a successful pilot. Client matter inception at Macfarlanes is centrally managed by a team of six individuals across the conflicts and client due diligence (‘CDD’) processes; the same team also manages the training and rollout process throughout the firm.

 

Said the Firm's Head of Risk, Jo Riddick:
  • "Quality of service is critical for Macfarlanes’ clients. Since going live with Intapp Open in May, we’ve been able to streamline our new business intake and conflicts management processes, capitalising on the synergies generated by the conflicts and CDD teams working from a common platform."
  • "Working with Intapp, we’ve configured Intapp Open to support our bespoke client matter inception processes. The new system has given desktop-based visibility to our internal stakeholders, who can now see where ‘their’ client/matter opening process has got to, at a glance, and we have a one-stop client/matter inception audit trail for compliance."

Said Intapp President,  Dan Tacone:
  • "We’re delighted that Macfarlanes has migrated to Intapp for new business intake and conflicts, joining the growing community around Intapp Open. By using technology to automate, search, share and analyse information where appropriate, Intapp Open is helping to transform new business acceptance at leading law firms worldwide."
Visit Intapp.com for more information on Intapp Open new business intake and conflicts management software, or to request a demonstration.

Thursday, November 13, 2014

Where Risk and Revenue Connect (Conflicts, Records & More)

Several interesting stories to share, continuing this week's informal theme of risk costs, rewards and investment priorities. First: "HP shareholder wants scrutiny of Wachtell role in controversial settlement" --
  • "If you are the most profitable corporate law firm in recorded history, with a habit of loudly defending the business judgment of corporate boards, you have to expect to take more than your share of shots. Wachtell Lipton Rosen & Katz is the Goldman Sachs of the law biz: When someone claims the firm has done something wrong, it’s news."
  • "...a brief filed this week by a plaintiffs’ lawyer whose client opposes Hewlett-Packard’s controversial settlement of shareholder derivative claims stemming from the company’s disastrous $11 billion acquisition in 2012 of the British software company Autonomy."
  • "Wachtell negotiated the settlement, which called for shareholders to release all claims against HP’s directors and officers but also for plaintiffs’ lawyers from Cotchett Pitre & McCarthy and Robbins Geller Rudman & Dowd to team up with HP in litigation against former Autonomy officers. (Plaintiffs’ lawyers were originally slated to be paid $18 million for their efforts.)."
  • "HP is Wachtell’s client. It does not represent HP’s directors, who have their own lawyers. But according to dissenting shareholder A.J. Copeland and his lead lawyer, Richard Greenfield of Greenfield & Goodman, Wachtell was actually acting in the interest of HP’s board members, not the company itself, when it made a deal to release shareholder claims against HP directors."
  • "This brief isn’t the first time in the HP case that Copeland and Greenfield have raised questions about Wachtell’s supposed conflict of interest. They advanced the same argument in a brief last month, asking for permission to intervene in the case."

"Mike Pero stops his law firm from acting against him" --
  • "Mike Pero has successfully stopped a major law firm acting in a court case brought against him by the mortgage business he set up more than 20 years ago."
  • "The allegations in the proceedings were kept under wraps last month by a High Court judge when Pero applied to stop law firm Buddle Findlay acting for the mortgage business in the case."
  • "Pero had enjoyed a relationship with Buddle Findlay for seven years, the court heard, and the firm was already acting for Pero on unrelated litigation in Christchurch when it was instructed by the mortgage business for the present disputes. Pero told the Herald this morning that Associate Judge Associate Judge Matthews yesterday restrained Buddle Findlay from acting for the mortgage business."
  • "'I thought from the beginning they could not possibly be serious. I spent weeks trying to persuade Buddle Findlay against what I considered to be unethical. I wasn't so much worried about my information being shared as the loyalty factor. I'm in business like thousands of others in New Zealand. I have respect for my customers and I would never consider trying to attack them while they are paying me for my professional services,' Pero said."

"Webinar: ILTA and ARMA Present: Information Governance: A Revenue Opportunity"
  • "Law firms are under increased financial pressure due to a highly competitive market and clients demanding fixed-fee contracts. Information governance (IG) offers firms the opportunity to not only create a new practice, but also tap into a new source of revenue by leveraging existing relationships and experience."
  • "Join us to learn about the impact of IG, opportunities for information governance at law firms and how law firms can help their clients with IG."

Wednesday, November 12, 2014

More (Potentially Quite Costly) Conflicts (Allegations)


"Squire may be forced off major case after conflict check error in Patton Boggs merger" --
  • "A multimillion dollar legal battle between the sugar and corn syrup industries is turning out to be anything but sweet for Squire Patton Boggs. This week, a California judge is slated to consider whether Squire, the law firm that has represented the sugar industry since it filed the lawsuit in 2011, should be thrown off the case because of two client conflicts stemming from Squire’s June acquisition of Patton Boggs — the Washington lobbying powerhouse that turned out to be representing the very companies Squire is suing in the case."
  • "For nearly two months, between June 1 and July 31, Squire was inadvertently representing both the plaintiffs and the defendants in the lawsuit. Squire’s attorneys say it was 'an innocent error in a conflict check.'"
  • "If the judge rules to disqualify Squire, the firm would be forced to give up a major chunk of business — a client that has paid the firm more than $12 million for this case alone — as a result of the Patton Boggs merger. Squire attorneys and paralegals have collectively spent more than 20,000 hours working on the case."
  • "In court papers, Squire conceded that the firm made mistakes in the conflict check process for the merger, during which they used computers to run checks on more than 15,000 clients to screen for conflicts."
"Ballard Spahr denies conflict of interest in Pat Turner's Westport case" --
  • "Law firm Ballard Spahr LLP has filed documents sharply disputing accusations made by developer Patrick Turner that the firm had a conflict of interest in representing Turner's opponent in his Westport Waterfront bankruptcy case."
  • "The documents, filed in U.S. Bankruptcy Court on Thursday, question the timing of the claim made by Turner and argue that Turner is engaging in a "desperate tactic" because he is unable to defend himself from losing the 42-acre property to foreclosure. Ballard Spahr attorney Timothy McCormack also appears to be building a case that Turner's attorneys filed the motion in bad faith, which Judge Robert A. Gordon said Friday would result in sanctions from the court."
  • "In an email noting Turner's attorneys' failure to respond to Ballard Spahr questions over the facts behind the case, McCormack warns Turner attorney Stuart Levine about the consequences for making court filings in bad faith."
  • "Gordon has scheduled a hearing on Turner's filings for November 21."

Tuesday, November 11, 2014

Now Available: 2014 Law Firm Risk Survey Reports (US, UK, Canada & Australia)


We're pleased to announce the publication of the 2014 Law Firm Risk Survey. Four reports are now available, each presenting results from a specific geography, including the United States, United Kingdom, Canada and Australia. Over 2,300 professionals from leading law firms were invited to participate.

Produced by the Law Firm Risk Roundtable program and sponsored by Intapp, the Law Firm Risk Survey provides statistical information and commentary about the top priorities and concerns for law firm risk, IT and management stakeholders. The reports are designed to provide insight into how firms in each country are addressing key issues such as regulatory compliance, information security and confidentiality requirements, outside counsel guidelines, and new business acceptance.
Some of the trends identified in the 2014 Law Firm Risk Survey include:
  • Law firms have been making significant investments in risk management. The trend is particularly striking in the UK, where 83% of firms responded that they had a dedicated risk management budget, up from only 45% in the 2012 survey. In Canada, 42% of firms reported having a dedicated risk management budget. Those firms that lack a dedicated risk budget typically draw resources from other departments, such as IT and finance.
  • Information security and conflicts are ranked as the top risk management priorities for firms worldwide. Information security was the most frequently mentioned priority by a large margin in the UK, where 50% of respondents cited it as their top concern. In the US, 37% identified information security as their No. 1 priority, followed by conflicts management, which was the top concern for 22% of respondents. Meanwhile, in Canada, nearly 60% of respondents identified conflicts as their top risk management priority.
  • Client-driven audits are becoming increasingly common, indicating a steady trend since 2012. Approximately 50% of respondents in the US and Australia indicated that their firm’s risk and security practices have been subject to an external audit, either by a client or regulatory body. Most client audits are performed by financial services entities in these countries.
Said Pat Archbold, head of Intapp's Risk Practice Group:
  • "The 2014 Law Firm Risk Survey results offer a multifaceted view of the current risk management landscape. From information security and conflicts to outside counsel guidelines, today’s risk and compliance teams are under significant pressure to manage a wide range of client-driven requirements. This underscores the importance of a more holistic approach to new business acceptance – selecting clients and evaluating new matters with a 360° view of the firm’s business, and closely managing all the requirements attached to individual matters throughout their lifecycle."

Survey Distribution:
  • If you (or someone from your firm) participated in the survey, you should receive a copy of the final report shortly, via postal mail.
  • If you did not participate in the 2014 exercise, we hope you'll make a New Year's resolution in 2015 to do so! (We all benefit from broad participation. Let's not let the tragedy of the commons take hold... Everyone do their part!)
  • If you're not sure, but receive our mailers, watch your mailbox for a more detailed report summary and instructions on how to request the full report.
  • Or you can write in to: info@riskroundtable.com to be connected with details.

Thursday, November 6, 2014

Am Law Survey -- Information Security a Top Concern

The American Lawyer has just published its annual technology survey: "Survey: Data Security Is Tech Chiefs' Top Worry" --
  • "Worries about data security have reached new heights, our annual technology survey shows, with potential threats coming from outside the firm, and within."
  • "Yet one topic dominates the discussion. In response to our question asking technology directors about their biggest challenges, 55 percent cited security, by far the most frequent answer. And overall, 74 percent of the chiefs say they are more concerned about security now than they were two years ago. Their clients are concerned too. While security was a leading topic on last year’s survey [“A Secure Location,” November 2013], the focus has only become more intense—and more time- and budget-consuming."
  • "'Five years ago, we didn’t have client security audits,' says Gary Becker, the chief information officer at Reed Smith. 'We’ve had over 15 of them this year.'"
  • "For law firm CIOs, the result is often a to-do list of remedial measures—new security hardware and software that must be deployed to satisfy the client, whose hypervigilance, several chiefs said in follow-up interviews, stems from multiple sources, including headlines hammering companies that suffered data breaches and beefed-up regulations, particularly in the finance and health care sectors."
  • "But it is also time- and resource-consuming. Reed Smith now has three full-time staffers 'dedicated to meeting the security requirements of clients,' says Becker. 'That’s three people I didn’t have five years ago.'"
  • Other firms have similarly bulked up on security experts. Vinson & Elkins, for instance, now has a full-time security director it didn’t have a few years ago. 'There are a lot of steps we need to do now to meet client expectations on security,' says the firm’s CIO, Dennis Van Metre. It’s not just a matter of installing the systems the client asks for, he says, but also 'asking the questions our clients will ask us' whenever a new tool, service or product is evaluated, from cloud computing to tablets to online deal rooms.

Wednesday, November 5, 2014

Risk News & Updates


A grab bag of stories to share today. First, from Hinshaw comes: "No Duty to Defend Based on Insured's Material Misstatement at Time of Renewal" --
  • The U.S. District Court for the Central District of California ruled that an insurer's duty to defend against a malpractice claim was not triggered by the insured's material misstatement about the nonexistence of a potential claim when the insured entered into a tolling agreement that gave notice that there were allegations which could lead to a malpractice claim."
Next, two updates from the Shining Star, via Professor Alberto Bernabe:
And while we (and others) had some fun at the expense of the Lone Star State, it appears that "Texas Will Revisit Ethics Opinion on Nonlawyer Law Firm Officers." But, until it changes its mind, we'll still advocate for clever workarounds. (Any takers for "Chief Information Burseg"?)

And finally, with the midterm elections concluded, and states continuing to make policy in this arena, the North Dakota State Bar Association has noted : "ND State Bar opinion finds use of medicinal marijuana is a violation of the rules of conduct even if the use is legal according to state law."

Monday, November 3, 2014

Case Study: Improving Law Firm New Business Intake & Conflicts Management


Last week we highlighted international law firm Eversheds' successful implementation of Intapp Open for new business acceptance. Now, hot off the presses, comes a case study providing more detail from their Head of Operations, Kerry Kendall: "Eversheds Speeds New Business Acceptance with Intapp Open" --
  • "Acutely aware of inefficiencies in the firm’s existing internal process for evaluating and clearing conflicts, the Conflicts and Compliance team at Eversheds was ready for a change. According to Kerry Kendal, Head of Operations, the previous conflicts software tool they were using was 'no longer fit for purpose, and generated a lot of data.' With the old system, the Conflicts team was unable to rank data by relevance or eliminate irrelevant search results. As a result, lawyers received lengthy conflict reports that were difficult and time consuming to read. Sifting through them could take hours of valuable time. Kendal adds, "You could develop a false sense of security, if the most important result had been pushed down to #174.'"
  • "Partners evaluating new matters found themselves forced to manually look up client information and financial data – a tedious process that added hours to the conflicts evaluation process. 'With our previous system, we didn’t have access to past search records – so there was no record of our institutional knowledge across the firm,' says Kendal."
  • "The net result was that the Conflicts team found themselves functioning mainly as conflicts administrators who ran searches for the legal teams, and had to undertake extensive quality checks to work around the limitations of the old system – to reduce the firm’s exposure to risk. 'We wanted to move toward a more efficient model where conflicts experts were doing more of the conflicts analysis – not the legal teams,' says Kendal. A more efficient process would save both the lawyers and the Conflicts team time and resources, reduce risk for the firm, and ultimately deliver a better service to clients."
To learn how Eversheds has transformed new business acceptance at the firm, see the complete case study.

Friday, October 31, 2014

Risk News (the Halloween / New Jersey Edition)


A conflicts-related editorial coming out of the Garden State : "The Record: Lawyers' conflicts" --
  • "Imagine the fox is running the henhouse. Imagine the fox has ties to a poultry processing corporation. Now imagine you are the hen."
  • "That pretty much sums up where taxpayers stand in New Jersey as long as there is no conflict-of-interest law prohibiting law firms from working for state government while they are also employed as lobbyists trying to influence state government."
  • "While Republican Governor Christie's former top appointee at the Port Authority of New York and New Jersey, David Samson, is currently under the spotlight for possible conflicts of interest, Democrats and Republicans have taken advantage of this ethical loophole for decades."
  • "Samson, as former Port Authority chairman, voted for projects that also benefited clients being represented by his law firm, Wolff & Samson. And as reported by The Record, governmental affairs agents affiliated with the law firm lobbied the Economic Development Authority for clients while Wolff & Samson was the EDA's bond council."
  • "The scandal involving the George Washington Bridge has spawned numerous investigations – some related to the lane closures and others to the internal operations of the Port Authority. The bi-state agency would not be affected by a Jersey-only law, but Weinberg's bill would do much to put an end to a practice that too often is not in the spotlight."
  • 'Whether anything illegal occurred at the Port Authority during Samson's tenure as chairman has not been determined. But the ethical question can be answered now: Conflicts of interest should be eliminated and avoided."
  • "Weinberg said, 'The fact is that we have to put an end to this culture of influence-wielding, because we are paying a price for political favor-trading and governmental waste and abuse by individuals who seek to enrich themselves on the backs of taxpayers.'"

Thursday, October 30, 2014

Mergers, Conflicts & Waivers (Oh My!)


An excellent article published by the ABA/BNA Lawyers' Manual on Professional Conduct
"Clearly Enforceable Future Conflicts Waivers" --
  • "We therefore set out to write what we believe to be a future conflicts waiver letter that should withstand virtually any imaginable ethical or legal attack. This article is the result."
  • "Before turning to the letter itself, we will review three authorities from 2013 that uphold future conflicts waivers. After discussing these authorities, the article will first identify the general preconditions or helpful conditions for effective future conflicts waivers and then turn to the specific draft language."
And news of conflicts causing complexities: "Mintz Levin Looks to Poach Edwards Wildman IP Group"--
  • "Ahead of a looming merger vote with Locke Lord, a roughly 20-lawyer IP group from Edwards Wildman Palmer in Boston is poised to depart for Mintz, Levin, Cohn, Ferris, Glovsky and Popeo as a result of a conflict between their practice representing a large pharmaceutical company and Locke Lord’s work for a generic drug manufacturer, according to five sources familiar with the matter."
  • "The Am Law Daily has learned that David Conlin, cochair of Edwards Wildman’s IP litigation practice in Boston, is head of a team that's conflicted out of a merger with Locke Lord. One of Conlin’s biggest clients is Japanese drug giant Takeda Pharmaceutical Company, whose North American unit fended off a generic challenge to its oral antidiabetic agent Actos in 2006 with the help of Conlin. In subsequent years, Conlin has continued to handle IP litigation work for Takeda."
  • "Edwards Wildman declined to identify the lawyers affected by the conflicts issue or the case that it involved. The firm did, however, acknowledge the existence of an irreconcilable conflict. 'As is the case with any law firm merger, prospective client conflicts can be an issue,' said a statement provided to The Am Law Daily by Edwards Wildman. 'In this instance, we have identified a specific client conflict that would arise from the anticipated merger. As a result, some of our colleagues will be leaving the firm. We thank them for their contributions and friendship, and we wish them well in their new endeavors.'"

Wednesday, October 29, 2014

Law Firm Conflicts Cleared


"Judge Tosses Shareholder Suit, Finding No Counsel Conflict" --
  • "A federal judge in Newark has dismissed a shareholder suit claiming hotel operator Wyndham Worldwide failed to fend off breaches of its computer networks and then declined to litigate against the employees responsible for allowing the breaches based on advice from conflicted counsel."
  • "The judge rejected the plaintiff’s claim that the law firm representing Wyndham in the shareholder suit, Kirkland & Ellis, had a conflict of interest because it also represented the company in a separate suit related to the hacking incidents that was filed by the Federal Trade Commission."
  • "In an attempt to demonstrate Wyndham’s directors acted in bad faith, Palkon claimed that the company wrongly refused his litigation demand based on advice from conflicted counsel. He relied on Stepak v. Addison, an Eleventh Circuit case from 1994. In that case, a company’s outside counsel was found incapable of evaluating a shareholder demand because the same firm had represented the company in related criminal proceedings. The panel in Stepak found the law firm had divided loyalties to the client because its continuing duty to preserve the confidences of its clients in the criminal case hampered its investigation of the subsequent shareholder allegations."
  • "But Chesler said Kirkland & Ellis did not face the same conflict as the firm in the Stepak case because its obligations were to act in Wyndham’s best interest in both the FTC case and the shareholder case, Chesler said."
"Gibson Dunn Ducks Slap for 'Troubling Conduct'" --
  • "A federal judge considering conflict-of-interest claims against Gibson, Dunn & Crutcher sided Thursday with the powerful law firm. Though she said Gibson Dunn 'engaged in troubling conduct' in HLP Properties LLC v. Consolidated Edison Company of New York, U.S. District Judge Lorna Schofield found no need to disqualify its lawyers from the case."
  • "The finding comes in a lawsuit by Manhattan developer HLP Properties to make Con Edison's subsidiary pay $24 million for the cleanup of a site once known as the West 18th Street Gas Works."
  • "Though Schofield found that Gibson Dunn lawyers had met with Con Edison representatives about the environmental dispute "on at least four occasions" between those years, Con Edison's subsidiary did not cry foul about the alleged conflict until 2014."
  • "Schofield found "no indication of an actual or apparent conflict in loyalties," but said Gibson Dunn should have sought waivers from both parties to guard against the potential for one. The judge also suggested that Con Edison's lawyers may have drummed up controversy for "tactical" reasons. To avoid leaving HLP without its longtime legal team, Schofield refused to disqualify Gibson Dunn. 'Were it not for this consideration, the outcome of this motion might well have been different,' her opinion states."

Tuesday, October 28, 2014

Conflicts Management Software – Eversheds Goes Live with Powerful New System


  
Leading international law firm, with more than 4,500 legal and business advisers worldwide, Eversheds, has implemented Intapp Open software for conflicts management. Eversheds selected Intapp Open last year as part of a firm-wide programme to streamline business acceptance, and was recently shortlisted for the prestigious British Legal Awards 2014 "Best Use of Technology" award.
 
Now live and in production, the software has streamlined conflicts searches and accelerated the evaluation of new clients and matters for the firm. Using Intapp Open, the Conflicts and Compliance team at Eversheds now process an average of 160 conflicts searches a day, or approximately 42,000 annually.

 
  •  With 52 offices across 30 countries, Eversheds has a proven track record in conflicts management; however, its previous approach required lawyers to spend a great deal of time evaluating and responding to long, complex conflicts reports.
  • Since implementing Intapp Open, the administrative burden on lawyers and staff has been reduced significantly. By automatically filtering and cleaning the data generated by conflicts searches, Intapp Open has enabled the Conflicts and Compliance team to create simplified, shorter reports which rank potential conflicts in the order of priority, and eliminate clearly irrelevant results. The system also provides the firm's management with visibility of similar conflicts searches being initiated across different parts of the business, enabling partners to align across various practice areas and regions as needed.

Said the Firm's Head of Operations, Kerry Kendal:
  • "Once we switched the new system on, the benefits of using Intapp Open were immediately apparent to key stakeholders across the business – saving time and resources, reducing risk for the firm, and ultimately improving our responsiveness to clients,. The efficiency gains have allowed the Conflicts team to deliver an enhanced service, enabling lawyers to open matters faster, and enabling the Conflicts team to support the effective execution of the overall business strategy of the firm."
The success of the conflicts analysis programme has received widespread recognition at Eversheds from lawyers and firm management, including an award for "Best Project." Based on this success, the Conflicts and Compliance team has been allocated additional resources to expand its scope and charter.

In July of this year, Eversheds launched an expanded new business acceptance programme, to help assess new client matters in terms of their financial viability, potential for growth, and fit with the long-term business goals of the firm. In addition, the Conflicts team has been tasked with extending the conflicts analysis programme beyond the UK and across Eversheds International.

Said the Intapp Risk Practice VP,  Pat Archbold:
  • "The Conflicts team at Eversheds has done an outstanding job of demonstrating how highly efficient conflicts analysis links to better business strategy and execution for the firm. We're very excited that Intapp Open has been central to enabling Eversheds's expanded business acceptance programme." 
Visit Intapp.com for more information on Intapp Open new business intake and conflicts management software, or to request a demonstration.

Monday, October 27, 2014

Big Banks Continuing Focus on Law Firm Information Security

 
A reader sent word of a story in today's Wall Street Journal: "Banks Demand That Law Firms Harden Cyberattack Defenses" --
  • "Big banks are demanding that their law firms do more to protect sensitive information to ensure that they don’t become back doors for hackers. Once given special status as trusted third parties, lawyers, particularly those who get access to sensitive bank information, now are more likely to get full background checks. The number of compliance checklists for law-firm technology systems and security procedures has ballooned. And law firms big and small increasingly are getting on-site audits to check who has access to documents and office servers."
  • "J.P. Morgan Chase & Co., Morgan Stanley , Bank of America Corp. and UBS AG subjected outside lawyers to greater scrutiny even before financial institutions were victims of cyberattacks this summer, people familiar with the matter said."
  • "The demands come as financial regulators are paying more attention to third-party vendors. Benjamin Lawsky , the superintendent of New York state’s Department of Financial Services, last week sent a letter to dozens of banks requesting information on security risks relating to law firms, accounting firms and other third parties."
  • "Big law firms with financial-institution clients were already subject to some security requirements, such as limiting access to certain documents or having policies in place to guard against cyberattacks... Clients often entrust them with everything from valuable trade secrets to market-moving details on mergers and acquisitions."
  • "'It’s a lot more than just checking a box,' said Lorey Hoffman, chief information officer at law firm Goodwin Procter LLP. 'I walk through our data centers into the [server] cage with examiners' sent by clients. The firm also enlists outside auditors to test its defenses and runs internal checks of system strengths and weaknesses."
  • "Such programs don’t come cheap. Banks generally foot the bill for their on-site audits of law firms. But the firms must invest in technology and software upgrades. Another cost: hiring staff to maintain systems and train lawyers and employees on minimizing risk."
  • "Hedge funds, private-equity funds, technology startups and manufacturers also are asking more questions about security, said Jim Darsigny, chief information officer at law firm Brown Rudnick LLP."

Thursday, October 16, 2014

Is the California Sky Grey? (Raining on Professional Rules Update)


Interesting news and updates coming out of the Golden State: "California Justices Tell State Bar to Redo Proposals for Updating Lawyer Conduct Rules" --
  • "The California Supreme Court has told the state bar to go a different direction in coming up with proposals to update California's lawyer conduct rules. It took the state bar more than a decade to develop suggestions that were sent to the high court four years ago, and which went nowhere."
  • "In August the bar abruptly changed course and quietly stopped trying to gain the justices' approval of the comprehensive rule revisions. Now, the bar is going back to the drawing board to develop a new set of proposals under specific marching orders from the supreme court."
  • "These recent events essentially bag a set of 67 proposed rules the state bar's board of governors approved in 2010. See 26 Law. Man. Prof. Conduct 473, 619."
  • "The 2010 revisions followed the Model Rules' format, although the bar made significant departures in the substance of many of the California versions. The rules were developed by the bar's Commission for the Revision of the Rules of Professional Conduct, which began its work on updating the rules in 2001."
  • "Without the supreme court's approval, the updated rules never took effect. California is the only state that has not remodeled its lawyer conduct rules along the lines of the ABA templates, which were first issued in 1983."
The Legal Ethics Forum, often the water cooler of spirited and intelligent commentary, weighed in with a variety of reader opinion.

See also commentary by the creatively named Kafkaesq blog: "Supreme Court Goes Old School On Revised Rules of Professional Conduct."

(And for those who make their way through all the ins and outs of the above, and have grown accustomed to your editor's occasional insertions of amusement and distraction, comes this video, which mentioned of complex rules always brings to mind... in this case, a fictional account involving an agreement that took 372 legal experts to create.)

Wednesday, October 15, 2014

IP Conflict Allegation Causes Firm Withdrawal



In September we published an article on IP conflicts (and associated webinar recording): "IP Matters: Navigating a Complex Conflicts Landscape," Now comes an interesting cast of IP conflicts allegation in the news: "Mega Firm Withdraws From Patent Infringement Suit After Former Client Alleges Conflict of Interest" --
  • "On September 29, 2014, K&L Gates voluntarily withdrew as defendant’s counsel in a patent infringement action after the plaintiff asked a California federal district court to disqualify the Am Law 100 firm for a conflict of interest because the firm had previously represented the plaintiff regarding the same patents at issue in the litigation. See Cyber Switching Patents, LLC v. Eaton Corp., No. 4:14-cv-02862 (N.D. Cal.)"
  • "The complaint accused Eaton of infringing three patents relating to power distribution technologies for data centers. On August 18, 2014, Eaton’s counsel, K&L Gates, filed an answer denying infringement and asserting counterclaims of non-infringement and invalidity. Cyber alleged that it engaged K&L Gates in November 2013 about representing Cyber in enforcing the very same patents that were the subject of the lawsuit."
  • "Notwithstanding its denial of wrongdoing, K&L Gates agreed to withdraw as counsel for Eaton. The firm stated the reason for its decision was that, “it would be fundamentally unfair to subject Eaton to a protracted distraction” in litigating the disqualification motion. Substitute counsel will be replacing K&L Gates to represent Eaton."
  • "Consequently, many large firms have adopted the practice of including advance conflict waivers in their engagement agreements. Whether such advance waivers are enforceable is far from certain. The difficulty with most advanced waivers lies in the fact that an effective waiver requires “informed” consent. Informed consent requires sufficient disclosure by the lawyer, who “must explain the risks and advantages, if any, of representation burdened with a conflict of interest, as well as reasonably available alternatives. . . .” Model Rule 1.7, comment [20]. But in many advanced waiver cases, the potentially conflicting representation has not yet arisen, thus “informed” consent may not be possible under such circumstances."
More detail and commentary on the IPethics & INsights blog and Law360. And for those interested in managing these risks with technology, see more about Intapp IP conflicts management software.


Tuesday, October 14, 2014

Advance Conflict Waivers Causing Conflicts?


Interesting article in the Legal Intelligencer: "Some Conflict Waivers Are Rubbing GCs the Wrong Way" --
  • "General counsel who spoke to The Legal said they are increasingly seeing advance-waiver clauses in engagement letters from large law firms and rarely is it something they find acceptable. Advance waivers typically say in their most basic form that a law firm represents many clients in many industries and some of those clients may be adverse to the new client, but that the new client agrees to waive any future conflict with the understanding that the law firm will appropriately wall off any adverse matters from the new client's matters."
  • "QVC General Counsel Larry Hayes of West Chester, Pa., said almost every large firm in the United States has advance-waiver clauses. Whether he signs them depends on how he intends to use the firm's services. If it is a one-off matter, Hayes said he may agree to the engagement as drafted. But for a firm that QVC uses on a more regular basis, Hayes said he would be reluctant to sign such an agreement. Hayes said the use of such clauses doesn't do much to show a firm is interested in forming a long-term relationship."
  • "He chalked up the trend to growing law firms whose increased merger activity has created more cross-over clients and has made operating under the traditional conflict regiment more difficult. 'It's a different mentality I think with the more global law practice,' Hayes said.
  • "Since law departments have given less work to outside firms through either bringing it in-house or leveraging their outside spend across fewer firms, law firms have been forced to make up that revenue in other areas, increasing the chances for conflicts, Lincoln Financial Group General Counsel Adam G. Ciongoli said. He said his department has been asked for advance conflict waivers, often from larger firms, and simply won't agree to them. He said he questions the ethics of some of them."
  • "For Reading, Pa.-based Penske Truck Leasing General Counsel Michael Duff, granting traditional conflict-waiver requests as they arise is something he is quite willing to do. 'I feel pretty strongly that firms are entitled to earn a living and take on clients they want as long as they are not somebody specifically adverse to us,' Duff said. But advance waivers are a different story. 'That I won't do,' Duff said."
  • "Duff said he understands large firms don't want to be 'tied down' to seeking conflict waivers from him when he is only using the firm for one matter, but said he still wants the opportunity to evaluate the specific situation rather than give a blanket waiver."
  • "And Duff noted that GCs of technology or pharmaceutical companies may have a tougher view on conflicts because of the intellectual property issues at stake in their businesses."
  • "One issue Hayes said he sees more commonly on the international stage is large, global firms seeking waivers to represent more than one bidder in a transaction. The London office would represent one company in a bid while the Vienna office would represent another bidder, Hayes said as an example. That is an issue he said he is not comfortable with."

Thursday, October 9, 2014

Rulings on Recent Conflicts Allegations of Note


Disqualification stories in the news. First: "Judge in Russia hacking case boots law firm," which updates a story we covered earlier:
  • "U.S. District Judge Richard Jones said he understands this type of ruling is rare, but he said Fox has a conflict of interest because the firm also represented Zpizza, one of the alleged victims in the hacking scam that Roman Seleznev is charged with orchestrating. Jones said his decision was influenced by a letter he received from the president of Zpizza. In the letter, Sid Fanarof told the judge that he gave a Fox lawyer confidential information that could benefit Seleznev and said he believed the firm has a conflict."
  • "Ray said Fox first became involved in the case because one of its lawyers, Ely Goldin, knows Seleznev's father, Valery Seleznev, who is a member of the Russian Parliament. Ray said the firm got involved in July when Seleznev was arrested in the Maldives and taken to Guam and then to Seattle. His lawyers have called his arrest an 'illegal rendition.'"
  • "'We were not aware of Z's involvement in the case at the time,' Ray said. Zpizza was not listed in the indictment, he said. It only became an issue when one of the prosecutors learned that a Fox lawyer represented Zpizza on another matter and let the law firm know that Zpizza was an alleged victim, could be a witness and if Seleznev is convicted, could be a subject of restitution, Ray said."
  • "'When we learned that, we put a Chinese Wall around the case' and screened off the lawyer involved, Ray said. But Jones did not believe that was enough protection. In his ruling from the bench, he said he had to balance judicial integrity with the interest of justice. 'The court understands this is rare and only used in severe circumstances, but the court finds that severe circumstances are present,' he said. 'The court concludes that Fox should not be allowed to represent the defendant.'"
And: "Pa. ethics panel clears Street on son's legal work" --
  • "In a split decision, the Pennsylvania Ethics Commission has cleared former Philadelphia Mayor John Street of conflict of interest charges related to legal work awarded to his son's law firm."
  • "The Wolf Block law firm billed the Philadelphia Housing Authority for hundreds of thousands of dollars worth of work done by the former mayor's son, Sharif Street. When the PHA board hired Wolf Block, John Street was its chairman, and he participated in several votes to authorize legal work for the authority."
  • "The state ethics code prohibits public officials from using their authority to benefit a family member. Ethics commission executive director Robert Caruso said Street's votes presented a problem."
  • "The commission's investigative staff saw Street's votes for the legal work as violating the conflict of interest provision of the state ethics law, but a majority of the commission disagreed, because Street's action wasn't specifically targeted to benefit only Wolf Block... A majority of the commission members said while they don't condone Street's conduct, they don't find a violation of law."

Wednesday, October 8, 2014

Conflicts in the Public Eye



Another story of conflicts allegation making mainstream news: "WTFV apologizes for conflict of interest; forgets they reported on it Sept. 2" --
  • "Consider it yet one more cautionary tale for the modern media age. Or just another dumb move by people who should know better. WTFV/Channel 9 in Orlando seemed to score a coup with the addition of Belvin Perry Jr., former Chief Judge in Florida’s Ninth Judicial Circuit, as a legal commentator.'
  • "Perry even took the chance to weigh in on-air about one of Florida’s hottest issues, Amendment 2, the constitutional referendum on the ballot in November to legalize medical marijuana. On Monday, he took apart a No on 2 commercial, providing sharp criticism by claiming opponents created a “smoke screen” that only plays on viewer’s fears."
  • "WTFV — Orlando’s ABC affiliate — left out one small detail: Perry, upon his retirement, immediately took a position at behemoth law firm Morgan & Morgan. For those cave dwellers out there who might not be aware, Morgan & Morgan is the eponymous firm led by Orlando attorney John Morgan, known as the face (and checkbook) of the organization spearheading Amendment 2."
  • "One word about preparation — WFTV said nothing about Perry’s association with Morgan – something that anyone with a computer could easily find out. Of course, the station backtracked on Tuesday, acknowledging its error and apologizing for not mentioning the relationship... WFTV’s own website reported on Perry’s retirement and subsequent hiring by Morgan – on Sept. 2. Ooops."
And from BNA comes analysis of a recent Texas (the not-to-be-messed-with home of the "Don't call me officer, chief" title rules) : "Firm Must Leave Case if New Associate Worked on Other Side While in Law School" --
  • "A law firm must stop representing a litigation client if it hires a lawyer who formerly worked on the case as a law clerk at the firm representing the opposing party, the Texas bar's ethics committee advised in August."
  • "Screening the tainted lawyer to prevent the sharing of any confidential information he learned in his prior employment won't enable the firm to continue representing the client, according to the opinion."

Tuesday, October 7, 2014

More on Law Firm Insider Trading


Updated and new stories to share on this topic. First: "Napkin-Eating Middleman in Law Firm Insider Trading Case Pleads Guilty" --
  • "A Brooklyn mortgage broker who prosecutors said was the napkin-eating middleman in an insider-trading ring has pleaded guilty to his role in the alleged scheme, which involved stock tips supplied by an employee at Simpson Thacher & Bartlett LLP, a prominent New York law firm."
  • "Prosecutors said that Mr. Tamayo was the conduit for insider-trading tips that former Simpson Thacher managing clerk Steven Metro, a friend of his from law school, gleaned from the firm’s computer system."
  • "The case highlighted the internal risks that law firms face when safeguarding their clients’ confidential information. A lawyer for Mr. Tamayo said in an email, 'We cannot comment except to say that on Friday Mr. Tamayo took the first step in the process of accepting full responsibility for his actions.'"
Followed by: "Insider-trading case makes fine plot for a movie" --
  • "In an interesting case that reads like a movie script, the Securities and Exchange Commission last week charged a managing clerk at a major top-of-the-line New York law firm with violating insider-trading laws."
  • "The alleged scheme seemed to have started innocently enough. The law clerk was having drinks with friends in a bar in New York City in early February 2009."
  • "MM was concerned that a stock he owned would decline, and worse, he was afraid the company would go bust. The clerk knew that would not happen. At work, he had access to the law firm's computer system. He had seen documentation of an upcoming deal that would infuse $500 million into the ailing company, officials said."
  • "When MM realized this information would be positive for the stock, instead of selling the stock, he called his broker to buy more, it is alleged."
  • "'Law firms are sanctuaries for the confidential treatment of client information, and this scheme victimized not only a law firm but also its corporate clients and ultimately the investors in those companies,' said Daniel M. Hawke, chief of the SEC Enforcement Division's Market Abuse Unit. 'We are continuing to combat serial insider-trading schemes, particularly by law-firm employees and other professionals who are entrusted with extremely sensitive market-moving information.'"
And finally, news from Canada: "Insider Trading Case Considers Materiality Of Confidentiality Agreement And Expired Unsolicited Offer" --
  • "The British Columbia Securities Commission (BCSC) recently considered whether a consultant for a law firm had committed insider trading and breached the public interest when she traded a client's shares with knowledge of undisclosed facts."
  • "In Weiqing Jane Jin, 2014 BCSECCOM 194, there was no question that the consultant was in a special relationship with the issuer client and had traded while in possession of facts that had not been disclosed.  The materiality of these facts was contested."

Monday, October 6, 2014

Risk News: Strengthening Ethical Screens, Information Security


Two interesting stories to note today. First: "Additional safeguards against leaks ordered in San Bernardino County’s Colonies corruption case"--
  • "A Superior Court judge presiding over San Bernardino County’s Colonies corruption case issued a written ruling Thursday barring a former federal prosecutor - now working for the law firm representing one of the defendants - from having any access to all information in the case.
  • "Former Assistant U.S. Attorney Jerry Behnke was hired by the Los Angeles law firm Arent Fox, which is representing defendant Jeff Burum, in May. Behnke is the former supervisor of the U.S. Attorney’s Riverside office that oversaw the federal investigation of the Colonies case, which was shuttered in 2012 without a reason given."
  • "In his ruling, Judge Michael A. Smith determined that Arent Fox had in fact created an effective ethical wall when it hired Behnke, but included additional measures including prohibiting Behnke, his secretary and paralegal from having access to any electronic files pertaining to Burum and from sending or receiving any electronic communications related to the case, among other things."
  • "Smith also ordered that all files related to Burum’s case be kept in a locked room, and the files have written on them, 'SUBJECT TO ETHICAL WALL - DO NOT DISCLOSE TO JERRY BEHNKE OR HIS SECRETARY, PARALEGAL, ETC.' He also ordered that a memo be circulated, with Smith’s written ruling attached, to all Arent Fox staff advising them to report any suspected breaches of the 'ethical wall.'"
  • "A member of Arent Fox’s Professional Conduct Committee, Gerald Mitchell, will be tasked with monitoring the firm’s compliance with Smith’s order on a monthly basis, with any suspected violations being immediately reported to the court."
And another firm promotes their achievements in information security: "Shook Hardy gains certification for data security" --
  • "The firm recognized that security was being publicized frequently and that with some of the data breaches that have been in the news, it would be important to show that our firm has a strong commitment to security," said John Anderson, chief information officer for Shook. "Achieving this certification would help us show that commitment."
  • "All of our clients have sensitive confidential information and they expect us to have the appropriate security systems in place," Anderson said. "They're coming on site and doing security assessments, so having this shows them at the very beginning that we have good policies and procedures in place."

Wednesday, October 1, 2014

Session Recordings: The A-to-Z of IG



Here are two more recordings from the annual ILTA conference worth a listen. These updates focus on information governance and feature several speakers we've featured at past Risk Roundtable events and webinars:

Build Enterprise Information Governance from the Ground Up
  • Enterprise information governance programs are often as complex as the problems they intend to solve, incorporating governance needs, requirements from various internal and external stakeholders, and tight budgets.
  • Here we’ll walk through best practices any organization can use to kick-start an IG program and make quick progress. We’ll discuss topics like assessing the current situation and capabilities, prioritizing risks and opportunities, gaining support from all stakeholders for an IG framework, and simple ways to start.

  • Learn to develop an information governance strategy that incorporates the four dimensions of information risk management (records management, privacy, cybersecurity and e-discovery.) Our panel will share examples of how they integrated setting controls, reduced costs and improved compliance at their firms.

 

Tuesday, September 30, 2014

Session Recordings: Open vs. Closed DMS, Data Security Regulations



Here are more recordings from the annual ILTA conference worth a listen:

  • Do you require all documents be stored in the firm's DMS, or do you let the user decide? How do you manage security? We'll hear from firms in both camps as they discuss the challenges and successes that influenced their decisions.
Privacy Laws and Enterprise Content: Can Your ECM Systems Facilitate Compliance?
  • Your ECM is bursting with private content awaiting prying eyes, both inside and outside your firm, and privacy concerns should be at the forefront of planning how your ECM evolves.
  • We'll discuss the challenges you face and provide practical tips to let you face them head on. Learn about the software, processes and policies your ECM offers to support your firm's and clients' privacy requirements.

Monday, September 29, 2014

HIPAA is Here – Is Your Law Firm in Compliance?


With the government starting to make noise about upcoming audits, and the September 22 deadline for all organizations to update grandfathered business associate agreements that have not yet been brought into compliance with the new Omnibus Rule having passed, the McLane Law Firm (a New England based firm with 90 lawyers) writes: "HIPAA One Year Later: Is Your Law Firm Complying?"
  • "Since nearly a year has passed since the compliance date for most provisions of the Final Rule6, this article focuses on assisting lawyers and law firms looking to evaluate the sufficiency of their compliance efforts to date. This article also underscores the potential impact of the Final Rule on lawyers and law firms in light of recent enforcement activity by the Office of Civil Rights ("OCR") of the HHS, the federal agency charged with enforcement and administration of HIPAA."
  • "The Final Rule also requires updated provisions in BAAs and now requires business associates to have BAAs with its subcontractors. BAAs must provide that the business associate (or subcontractor, as applicable)."
  • "The Final Rule should have been a wake-up call for lawyers and law firms which have access to PHI to ask whether they are considered business associates of covered entities and, if so, to take the steps necessary to comply with their duties and obligations as business associates by September 23, 2013."
  • "Therefore, if a firm represents a covered entity or a business associate of one and accesses PHI to do its job, it must comply with the HIPAA Rules... It is significant that business associate status attaches under the HIPAA Rules regardless of whether the firm has signed a business associate agreement."
  • "Since the release of the Final Rule, OCR investigation and enforcement activities have served to highlight the unfortunate consequences that can arise from failure to comply with the Final Rule. Moreover, the extension of certain covered entity responsibilities to business associates now makes civil and criminal liability possible for lawyers and law firms."
  • "Attorneys who represent healthcare clients are keenly aware of HIPAA compliance issues and routinely work with these clients to ensure compliance. These lawyers, however, are not always mindful of the fact that the Final Rule makes the same standards allegedly violated by APDerm applicable to the lawyers and law firms which receive PHI from covered entities."
Previously, we hosted a webinar on HIPAA compliance for law firms. Interested readers can watch a recording of that and learn more about how Intapp is working with many law firms to address HIPAA compliance.