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Are you being found? Law Firms & SEO: The Basics

Are you being found? Law Firms & SEO: The Basics

By: Josh Markarian | Marketing Associate | TERIS

8/17/2017

 

Your law firm has a power house of tools at your disposal. More than capable project managers, dedicated attorneys and even harder working para-legals. But the thing is…. you are having trouble finding new clients beyond word of mouth referrals.

You may know about SEO and search engine marketing but you see yourself in a service industry rather than a product industry. You may feel there are too many other law firms out there so its useless, or think you need a large advertising agency to even get online advertising. The biggest misconception i hear is that SEO isn’t for the legal field.

These are some of the reasons why law firms are reluctant to take the first step into implementing a search engine marketing strategy. However, don’t let them fool you, even with a budget of $100 a month and a bandwidth of 3 cases a month you can still see value in SEO.

For a quick summary, Search Engine Optimization (SEO) is basically the strategy behind getting found when someone searches on a search engine like Yahoo, Bing, or Google. The two umbrella strategies are improving your organic search factors, and then your paid search factors. Organic search includes things such as the content you are creating, the relevance of your website, and the digital utility of your website. While paid search is selecting keywords to bid on so that when a online user types a phrases related to your service you can be found.

 

Another common misconception is that someone may understand what SEO is and that there is value behind it but are thinking why cant the search engines discover my site without SEO. This is a longer conversation to get into but to give you a simple answer, yes your law firm needs SEO.

These are some of the reasons why:

Get your brand infront of the right target audience

Almost garunteed increase in web traffic

Your competitors are doing it

Elevate your brand to more than just a brick & mortor

Higher brand credibility, people trust Google

The landscape for business developing is shifting from an out-bound focus to an in-bound focus. Dont let fall behind and take the hit to your brand and potential digital impact. SEO is quick and easy to set up and is a low cost low risk way to increase visibility and lead generation.

soc2

Risk or Reward? The importance of SOC 2

Risk or Reward? The importance of SOC 2

By: Josh Markarian on August 9, 2017

As legal technology and advancements within areas such as cloud technology and software-as-a-service, clients are facing increased pressure to make sure their data is safe. Many companies resort to third party vendors to outsource services such as preserving and collecting ESI.

Unfortunately, recently third party vendors have been the source of some ugly data breach scenarios which can cause detrimental damage to both the client and the vendor. Not only will your reputation take a toll but you make encounter lawsuits and other large fines.

Service Organization Control “SOC” Reports

To best understand the implications of SOC Reports its best to understand the different types of SOC reports:

SOC 1

Type 1:  focuses on a description of a service organization’s system and on the suitability of the design of its controls
Type 2: contains the same opinions as a type 1 report with the addition of an opinion on the operating effectiveness of the controls

SOC 2

Focuses on controls at a service organization relevant to security, availability, processing integrity, confidentiality, or privacy.

Type 1: focuses on suitability of the design of a service provider’s controls over data
Type 2: centers on operating effectiveness of these controls.

SOC 3

Summary of a SOC 2 audit normally used for marketing purposes. There are less details in this report.

Why do you need a SOC 2 verified vendor?

The SOC 2 audit provides additional assurance regarding vendor controls that relate to operations and compliance relevant to one or more of the following five principles: security, availability, processing integrity, confidentiality and privacy. Not only will you be able to assure your clients of the safe guarding of their data, you will be able to comply with all of the data privacy and security laws.

TERIS | SOC 2 compliant with the highest level of security

Every employee HIPPA certified
Fingerprint reader for building entry
24/7 security surveillance cameras
Data stored in server room with a bank vault

vaultteris glass

Webcast: On Premise or Off Premise? A Look at Security Approaches to eDiscovery

Editor’s Note: From time to time TERIS highlights publicly available educational content for readers of its blog. While TERIS highlights this content, it does not assume any responsibility for content assertions or educational requirement tracking (e.g. continuing legal education tracking).

A Legal Education Presentation prepared and presented by CloudNine.

 as 

Doug Austin

Aug 30 2017

10:00 am – Los Angeles Time

Attend

Today, when consumers are considering their eDiscovery technology choices, there are more factors to consider than ever. In addition to considering the functionality of the software application, you now also have to consider whether to buy or “rent” the application, how the software is delivered to you and whether it’s required to be within your firewall or can be an off-premises solution. This CLE-approved* webcast session will discuss different on-premise and off-premise eDiscovery solution options and considerations for each. Key topics include:

+ Drivers for eDiscovery Technology Solution Decisions Today
+ eDiscovery Industry Market Trends and Their Relation to General Industry Trends
+ What Law Firms are Saying about the Technology
+ What Industry Analysts are Saying about the Technology
+ The Cloud vs. No Cloud Debate
+ Why Not All Cloud Solutions Are the Same
+ A Comparative Approach to eDiscovery Technology
+ Putting a Face on Solutions and Risks
+ Key Components of an eDiscovery Technology Solution

Panel Presentation Leader: Doug Austin

Doug is the VP of Operations and Professional Services for CloudNine. At CloudNine, Doug manages professional services consulting projects for CloudNine clients. Doug has over 25 years of experience providing legal technology consulting, technical project management and software development services to numerous commercial and government clients.

* MCLE Approved in Selected States

Simplifying Discovery: A View From The Cloud | BrightTALK

About CloudNine (Presenter)

Founded in 2002 and based in Houston, Texas, CloudNine is a legal intelligence technology company with deep expertise in the analysis, processing, and review of electronically stored information (ESI). Currently used by more than 50 of the top 250 Am Law firms as well as in many of the world’s leading corporations, CloudNine has been recognized in reports and surveys by Gartner, 451 Research, Blue Hill Research, Corporate Counsel Magazine, the New York Journal, and Texas Lawyer. CloudNine also publishes the eDiscovery Daily Blog, a trusted source of information for the legal industry. A leader in eDiscovery automation, you can learn more about CloudNine at eDiscovery.co.

What You Need to Know About the Mandatory Initial Discovery Pilot Project

What You Need to Know About the Mandatory Initial Discovery Pilot Project

7/19/2017 | Josh Markarian | TERIS 

With the Mandatory Initial Discovery Pilot Project (MIDP) having come into effective May 1st, 2017, there are some key requirements that should become familiarized with anyone entering into a litigation suit.

The MIDP is set to run for three years to determine “whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking other discovery will reduce the cost and delay of civil litigation” and has been implemented in both Arizona and Illinois federal courts.

The requirements for the MIDP can be summarized as:

1. Any party seeking affirmative relief must serve a copy of the Notice to the Parties of Mandatory Initial Discovery Pilot Project

2. Parties are ordered to provide mandatory initial discovery responses before initiating any further discovery

3. Parties must provide both favorable and unfavorable facts regardless of their intent to use the information

4. Responses to mandatory initial discovery is required in the 30 days after first pleading was filed

5. Parties must respond to the following Court-issued discovery requests without awaiting discovery requests from the opposing parties.

6. ESI identified for production is required 40 days after serving initial response.

The premise of this project is that the early sharing of information that is commonly provided will possibly lead to early resolution of matters before additional legal fees incur.

 

20 eDiscovery Blogs for Legal Professionals to Follow (Updated)

20 eDiscovery Blogs for Legal Professionals to Follow (Updated)

The complexities of eDiscovery make constantly following recent eDiscovery news and developments a necessity for most legal professionals. EDiscovery is a part of all forms of litigation and continues to grow and evolve at an astounding rate.

Fortunately, there are a number of blogs that track eDiscovery developments and we’ve compiled an updated list of 20 (in no particular order) we think are worth bookmarking to stay updated on recent news.

1. Electronic Discovery Law– Published by K&L GATES and chock full of great information; this blog/Web site is made available by the contributing lawyers or law firm publisher solely for educational purposes to provide general information about general legal principles and not to provide specific legal advice applicable to any particular circumstance.

2. Complex Discovery– This is a technology blog highlighting data and legal discovery insight and intelligence. Written by the CMO of CloudNine, Complex Discovery allows you to stay up to date with everything from current discovery cases, educational content, market sizing and other regularly scheduled updates.

3. Law 360– Law360 provides the intelligence you need to remain an expert and beat the competition. Recently acquired by LexisNexis, this blog has a plethora of information on everything from intellectual information to international arbitration.

4. e-Discovery Team– This blog by Ralph Losey takes a multidisciplinary look at eDiscovery, addressing the issue from a law, IT, and science perspective all at once.

5. Ride the Lightning– For information on information technology, information security, and digital forensics, check out this blog written by Sharon D. Nelson. The posts on Ride the Lightning cover news events all over the world related to privacy issues, cyberattack, legal aspects of information security and electronic evidence, etc.

6. LegalTech News– This blog provides insightful, and jargon-free coverage of legal technology trends and developments to an audience of legal industry professionals, helping them use technology and innovation to deliver faster, better, and cheaper legal services. LegalTech’s audience is made up of lawyers, IT leaders, paralegals, support staff and vendors.

7. Ball in your court– Musings on E-Discovery & Computer Forensics. Published by Craig D. Ball, P.C.. Craig Ball’s column, “Ball in Your Court,” has won Gold or Silver Medal recognition as Best Regular Column or Best Contributed Column from the Trade Association Business Publications International and/or from the American Society of Business Publication Editors every year since 2006!

8. EDD Blog Online– The EDD Blog addresses issues such as cloud computing, technology assisted review, digital forensics, social media, and big data. EDD Blog Online is written in part by the president of Electronic Evidence Labs.

9. Lit Support Today– This blog serves to advance the litigation support professional in their career by providing insight into the latest events, developments and activities about the profession, the people and the happenings that are driving the field forward.

10. Discover Ready– This blog helps readers find fresh thinking on information intelligence. Browse their eDiscovery blog, case studies, webcasts, and more.

11. EDD Update– This blog is an endeavor that combines the efforts of Law.com Legal Technology and Law Technology News. Consult EDD Update for breaking stories regarding verdicts and rulings relevant to e-discovery issues.

12. Technology & Marketing Law Blog– Authored by Santa Clara University law prof Eric Goldman, posts cover topics such as lawsuits related to keyword advertising, online contracts, and court rulings related to the Defend Trade Secrets Act and the Communications Decency Act.

13. The e-Disclosure Information Project– The e-Disclosure Information Project is run by Chris Dale, a former commercial litigation partner turned e-Disclosure consultant. The Project aims to bring together lawyers, suppliers, courts and corporations with an interest in electronic disclosure, and to disseminate information about the court rules, the problems and the software and services available to handle them.

14. 3 Geeks and a Law Blog– devoted to actual technology and how it affects one’s law practice. Visit for tips on information management, discussions of new legal tech and analysis about the future of legal services.

15. Future Lawyer– In this blog, attorney Richard M. Georges incorporates his personality and sense of humor into the posts while covering all things technology.

16. E-Discovery Beat– Owned by Exterro, subscribe to E-Discovery Beat for resources provided for attorneys and litigation support professionals. E-Discovery Beat aims to “tame the chaos” involved in eDiscovery procedures.

17. eDiscovery Daily Blog– This blog owned by CloudNine Software, provides educational tools for eDiscovery practitioners and latest news and case law in the world of digital discovery.

18. eDiscovery Journal– Peruse through the postings on E-Discovery journal for practical advice and impartial information. On this blog, you can research eDiscovery technologies, services, or experts to find a solution to any many possible eDiscovery quandaries.

19. Legal Project Management– Read this blog for suggestions and commentary on conducting a wide range of legal procedures. Legal Project Management occasionally addresses the issue of eDiscovery.

20. E-Discovery Law Alert– Written by lawyers from a law firm practicing in several mid-Atlantic states, E-Discovery Law Alert analyzes recent events related to e-discovery and delves into the intricacies of information management law in a corporate context.

That’s our list – what do you think? Are there any blogs we missed?
July 12, 2017 | Josh Markarian | TERIS

Glory Days of Eastern District of TX for Patents May Be Numbered

Glory Days of Eastern District of TX for Patents May Be Numbered

April 27, 2017 ¦ Josh Markarian ¦ TERIS

The Eastern District of Texas has been known for patents, since 2012 the number of patent cases filed there have grown by over 1/3 over the past five years but this may be coming to an end. If the high court decides that patents suits will be required to be filed where a company is incorporated or has a regular place of business many plaintiffs will no longer be able to file their suits in the Eastern District of Texas.

Where the Patent Suits Are Moving


 

texas

The top two venues for patent litigation in the U.S. include East Texas and Delaware. Delaware has had a reputation for leaning more towards favoring the plaintiff side, juries in Delaware have awarded more large amounts to plaintiffs than its counterpart in Eastern Texas. Additionally, 68 % of jury and bench trails came out in favor of the patent owner in Delaware from 2007-2016.

Previously 86 % of patent cases have been brought outside the defendant’s place of business which is why this change in patent suit laws has a major impact on all types of plaintiffs in the North Eastern Region who previously filed patent suits in the Eastern Texas region.

Capitalizing on These Changes: TERIS Presence in Delaware


TERIS is a full-service information governance and litigation support services provider that works with leading law firms and corporate legal departmants. TERIS cross-functional staff includes well seasoned veteran patent attorneys providing a national presence.

TERIS has a growing presence east coast with officies  in New York as well as Delaware, while serving clients nation-wide. Along with the Delaware Court of Chancery, where expedited discovery and detailed project management are paramount to TERIS and our clients success.The presence in Delaware is important because currently there is a very limited number of full-service information and litigation service providers in the region and TERIS provides sophisticated and progressive work that is unparralled to any other services in the Delware area.

 

Original Article from Law360.com written by Erin Coe

https://www.law360.com/articles/905388/patent-glory-days-could-be-numbered-for-east-texas

 

 

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Email Threading: An Essential E-Discovery Tool

April 11, 2017 ¦ Josh Markarian ¦ TERIS Sophisticated Litigation Support

An email thread is a running list of all replies that are followed after an original email. The back navigation of these emails are formatted in a chronological order varying depending on the email client or email platform that is used, traditionally the last email is on top. Email, threads create and record conversation chains from an original email which is implemented to increase the ease of documentation and tracking past conversations. In 2016 it was reported that on average a single business employee receives and sends up-words of 10,000 emails a year.

Email threading is commonly put to use due to its ability to lower cost and increase speed when properly implemented. The amount of emails sent everyday continues to rapidly grow and having to navigate such massive and cluttered accounts results in increased time and money for litigation and eDiscovery. Consistency and a lower margin for error are another benefit due to attorney being able to see the whole conversation in one picture.

As technology continues to rapidly evolve, some third party litigation providers are having trouble keeping up with the evolving aspects of email threading. To summarize here are a few of the practical uses that come from properly implementing email threading:

  • Cost-saving in documentation review.
  • Increased efficiency and relevance of email content through removing duplicates, and irrelevant content while aggregating relevant content.
  • Quality control through management and monitoring all documents included.
  • Improving the digital utility and ease of use when managing multiple threads simultaneously.mail

E-Discovery preparation and permenance

Document review has become a major profit service for law firms. This gives an inlet to new technologies that allow smaller law firms to take clients they would never normally be able to handle. Additionally, E-Discovery takes the responsibility out of the domain of Industry Titans Instead of making them enlist a large pool of high cost attorneys. This has created scalability that is leveling the playing field in litigation services. Litigation services are crucial to consult even before a lawsuit or any type of litigation takes place. Third party E-Discovery support allows small and mid-sized firms to keep rates low and quality high in order to compete with Industry titans. This is largely achieved through pooling associates when needed and providing IT systems to keep up with demand.

For this system to work smoothly for boutique competitors These Services help to implement; Preparation tactics, document reduction policy, Data mapping assistance, internal investigation, and frequency Data management needs. Third parties also help smaller firms by exploiting their ability to use review software and hire review teams as needed, without carrying infrastructure and head count costs year round. Another added benefit of the E-Discovery industry is the displacement of the larger Discovery firms. These firms often work with current small outside counsel and just handle discovery, but end up taking whole case.

Third parties use SAAS or service as a solution for optimal price scaling on the fly so that production of evidence and overall cost control stay within reasonable boundaries. Working with third party litigation services is also important post litigation. Working with your provider you can easily identify pain points in order to avoid similar occurrences in the future. Lastly Document review is done by custodians and forensic analysts. Making sure that your company aligns with the decisions made by these key players ensures a continuous feedback loop and results in better preparation for any type of litigation activity in terms of quality and validity.

All of these factors point to the fact that the E-Discovery isn’t going anywhere, Instead it is rapidly expanding. Data mapping assistance, internal investigation procedures, and technology migration provide robust business development opportunities downstream for legal work. As the usage of electronically stored information (ESI) increases, inevitably so will the mid-sized firms assigned to handle the tasks that are an externality of this data. If A firm adopts a third party litigation service and educates staff on the risks of their electronically stored information they are much less likely to end up spending superfluous amounts on the costs listed above than if the litigation was never outsourced in the first place.

Government Investigations in E-Discovery

One of the biggest fears an organization faces is a government issued subpoena. This is NOT the point at which you should begin data collection as it is both costly and time consuming, because unlike traditional litigation there is no negotiation in the scope of discovery and prevention. At this point you have to consult the counsel, whose role is to advise the client on the collection and production of pertinent data. These types of data include ESI, which is defined as any electronic form that may be subject to production under common E-Discovery rules.

Generally speaking, most subpoenas that lead to requesting production of information is done by one of its cabinet based agencies. These agencies include; the SEC (Securities and Exchange Commission), the DOJ (department of justice) and the private corporation FINRA (Financial Industry Regulatory Authority). These subsectors of the U.S. Government are important to E-discovery and play a pivotal role in the compliance of data delivery. The Counsel relies on third party source providers in this field to respond to these inquires.

These agencies can be intimidating if your business receives a subpoena for investigation. To make sure you stay compliant you should be aware of the following guidelines. In DOJ E-Discovery there has been a new ESI Discovery protocol implemented in February of 2012. The protocol has goals that include promoting uniform best practices for recurring issues and protecting the security of sensitive information produced as discovery.

As a client you want to protect yourself from producing incriminatory evidence unintentionally. This does not mean that you shouldn’t comply with the FCPA program requirements, Instead companies should adhere to the rules as it may result in mitigation credits or escape of prosecution entirely. The key is to disclose all the facts relevant to the wrongdoing to the DOJ, but not more than is required by the FCPA pilot program. This is where E-Discovery providers step in to streamline the collection of relevant data and to discard data that is irrelevant. This in return motivates corporations to have more strict compliance programs in place in order to legally protect themselves by expediting the process of a government investigation and protect themselves from unnecessary prosecution. This can result in a huge difference in penalization when it comes to producing ESI data to a prosecutor.

A Look Back at Native Files in eDiscovery

Legal discovery review has come a long way in the last 15 years to find solutions around the growing volume of email and edocs. While we wait for the next generation of computer assisted review to fully arrive, let’s revisit human review of native files. Reviewing native files is more defensible and efficient during the review process, and reduces production costs as well.

Native files allow reviewers the opportunity to look at docs as they existed to the original custodian, including all the preserved metadata for searching. Batching the file types, such as spreadsheets, by a custodian or keyword will also speed review. Legal teams employing experts to review industry specific docs, think construction defect, can avoid the costs and delays of copying/printing and delivering hard copies by granting access to review databases housing the native files.

There are different types of native files. There are true native files, which are completely original and near native files, which are converted but still have metadata and are searchable. Near paper files are PDF or TIFF files that cannot be searched or indexed, and paper files that are files printed to paper. The best advice about producing files is to follow the “meet and confer” rule and figure out what information will be need to be produced during litigation. Doing this as early as possible makes the process run smother and be less stressful. It is always important to retain metadata and files even if you are unsure if it will be relevant.

Keeping files in their native form makes your case more defensible because they are more transparent and accurate. If a defendant cannot produce native documents, than a strong case is to be made about the superiority of native files. There are tools and resources available to keep native files in order and accurate. The human review of native files is still very prevalent in the eDiscovery industry and staying up to date and organized can save you a lot of hardship should litigation issues arise.