Wednesday, August 16, 2017

Latest News: Records, Russia, Risk (and Elvis)

Greetings from the annual ILTA conference. Here in "Jane, get me off this crazy thing"-Las Vegas.

We'll try to keep the gambling-risk metaphors to a minimum. Elvis is not in the building. In fact, today marks the 40th anniversary of his departure from the earth, which was the same day my wife was born. So, Happy Birthday, honey! (Hey, if I were a songwriter, I'd write you a song. But, I'm just a simple blogger. So: "And you can tell everybody, this is your post... " >smile<)

Many of the usual suspects are here at the conference. (No one has yet attempted the secret risk blog handshake, but there is still time.) The folks at FileTrail have earned some new attention from LegalTech News for "Legacy Battle: FileTrail Aims to Attract LegalKEY Users With New Updates" --
  • "Companies such as FileTrail are fine-tuning their platform’s user interface and features to meet the demands of longtime LegalKEY users in a bid to capitalize on what they see as the legacy platform’s shortcomings. The move speaks to legal clients’ evolving demands in the record management space, as well as the pull which long-used platforms still hold for many in the industry."
  • "Mervau doesn’t believe that tailoring FileTrail’s UI to mimic that of LegalKEY is the prime selling point that will drive clients toward FileTrail. Such motivation to change is happening on its own because LegalKEY is “an older platform that hasn’t been updated [for years],” he said, and it “isn’t meeting the needs of today’s firms."
  • "Nancy Beauchemin, founder of information governance consultancy and legal solutions provider InOutsource, who handles the implementation of FileTrail at large law firms, noted that these needs are twofold. The first, she said, is that 'law firms have now adopted information governance and record retention policies, so they need their record platforms to enable compliance with that, and LegalKEY has limited functionality in this area.' The second is that more firms want solutions to be cloud-based, so “you don’t have to do an install of the software on a workstation,” can access the solution on mobile devices, and have a lower deployment and management costs, she said. LegalKEY can only be installed on premise.'"
"Wilmer Ends Work for Manafort as Ex-Partners Press Russia Probe" --
  • "Paul Manafort, President Donald Trump’s former campaign manager, is no longer being represented by Wilmer Cutler Pickering Hale and Dorr while special counsel and former Wilmer partner Robert Mueller III continues his probe into the Trump campaign’s Russia ties. Instead he’ll be represented by Miller & Chevalier, a Washington, D.C., boutique with a focus on international law, tax and litigation that has represented Manafort in the past."
  • "The move comes a day after news broke that FBI agents raided Manafort’s house, and a few weeks after Wilmer partner Jamie Gorelick wound-down her representation of Trump’s son-in-law and adviser Jared Kusher in Russia-probe related matters."
  • "That change was precipitated by the potential appearance of conflicts between the firm and Mueller, a former Wilmer partner who now leads the Russia investigation at the Justice Department and has hired three other former Wilmer partners for the team."
  • "The Justice Department had decided Mueller had no actual legal conflicts in the case, and had not represented either Manafort or Kushner while at Wilmer. Yet the same appearance of conflict could have hindered the firm’s representation of Manafort."
"SDT to probe former Clydes partner over 'improper' money transfer claims"
  • "A former partner in Clyde & Co’s Guildford office has been referred to the Solicitors Disciplinary Tribunal (SDT) over an alleged “improper” transfer of funds."
  • "A spokesperson for the firm said: 'We are aware of the Solicitors Regulation Authority decision in relation to Charles Smith, a junior partner at the firm from May 2013 to November 2015. The decision relates to how Charles, in his capacity as a department risk partner, processed a number of aged residual client account balances on historic cases. At the time we were working with the Solicitors Regulation Authority to improve our processes in this area. It would not be appropriate to comment further while the tribunal is pending.'"
  • "In April, Clydes was hit by a £50,000 fine by the SDT and three of its partners were fined £10,000 each for breaching money laundering rules, by allowing the firm’s client account to be used as a banking facility."
"Jones Day Conflict Waived In GWB Scandal Figure's Appeal" --
  • "A New Jersey federal judge on Tuesday ruled that a former public official convicted in the George Washington Bridge lane-closing scandal has knowingly and voluntarily waived any potential conflict of interest with Jones Day attorneys representing her as appellate counsel in light of the firm's representation of the Port Authority of New York and New Jersey in related matters."
  • "U.S. District Judge Susan D. Wigenton made that finding after Bridget Anne Kelly, a onetime deputy chief of staff to New Jersey Gov. Chris Christie, confirmed during a brief hearing in a Newark courtroom that her waiver of any such conflict is knowing and voluntary and that she wanted Jones Day to continue representing her."
  • "The Third Circuit on Aug. 4 granted the government's motion for a limited remand to Judge Wigenton to determine whether Kelly has knowingly and voluntarily waived any conflict Jones Day might have by representing both her and an agency identified as a victim in the case. Jones Day is defending the agency in a putative consolidated class action in New Jersey federal court over the lane closures in which Kelly was also a defendant, prosecutors said in their remand motion brief; a default judgment has been entered against her in that case. Prosecutors sought the on-the-record waiver to ensure that Kelly cannot later complain on appeal that she did not receive effective assistance of counsel, court documents say."
"BASF Alleges Conflict, Says Rivera-Soto Shouldn't Serve as Asbestos Special Master" --
  • "In the latest special master dispute, defense lawyers said Rivera-Soto's firm, Ballard Spahr, is represented in a suit in the Philadelphia Court of Common Pleas, Ballard Spahr v. Symphony Health Solutions, by Williams & Connolly, which also represents Cahill Gordon in the present case. Therefore, Williams & Connolly has a fiduciary relationship to both Cahill Gordon and Ballard Spahr, according to a letter signed by Robert Ryan of Connell Foley, representing Cahill Gordon, and Justin Quinn of Robinson Miller, which represents BASF. In addition, before Rivera-Soto was appointed to the Supreme Court in 2004, he was with Fox Rothschild, one of the firms representing the plaintiffs in the present case, Ryan and Quinn wrote. Those circumstances 'require the court to select a different special master for the case,' the defense lawyers said."
  • "But Rivera-Soto said in his Aug. 11 letter to Linares that he did not know that Williams & Connolly was involved in the case, and added that the issues raised in the Aug. 8 letter do not disqualify him from serving as special master in the present case. He said he is not involved in the Symphony Health Solutions case or events leading up to the case. He said he and any other Ballard Spahr lawyer assisting him with his special master duties would be segregated by an ethical 'wall' from lawyers in his firm's Philadelphia office who are working on or involved with the Symphony Health Solutions case."
Thank you very much...

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