Cyber-crime is perhaps the number one threat that most companies face today. Investing in strong cybersecurity, therefore, is crucial for safely operating any type of business in this modern age. Cybersecurity is the protection of internet-connected systems and data from cyberattacks. However, with the constant and rapid development of technology, there is no way to ever achieve complete security. Companies must manage their "cyber-risk" just like any other risk using probability and cost benefit analysis. However, this type of analysis and investigation into what vulnerabilities a company faces, how best to prioritize and suggestions on how to improve cybersecurity can be very dangerous if disclosed. A written vulnerability assessment report that proves a company was aware of the risks it faces is likely to become an Exhibit A in a lawsuit against the company after a data-breach. The issue then becomes how to keep this company information confidential and not subject to discovery in court?
Confessions of a Mediator, Part 2
Based upon the positive responses I received from my blog post entitled, "Confessions of a Mediator," I thought I would share with you three more practices that I see from lawyers who get the best settlements (either on the Plaintiff or Defendant side). First, they explain to the client what is (or is not) going to happen at mediation. Second, they get their ducks in a row well before mediation. Third, they understand that no one likes surprises at mediation.
Ethical Considerations: Client Confidentiality Must be Preserved with Withdrawing
Intentional Expert Witness Disqualification
Rule 4.04(a) of the Texas Disciplinary Rules of Professional Conduct provides: "In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person." Professional Ethics Opinion 585 (September 2008) concluded that a lawyer would violate Rule 4.04(a) by counseling a client to hire all the local lawyers in a community where a lawsuit is filed if the lawyer had no substantial purpose other than to delay or burden the opposing party. The reasoning and conclusion of Opinion 585 also apply to intentional expert witness disqualification.
Smile! You're on Camera!
Cheaters isn't the only one that knows the importance of video surveillance. The Texas Supreme Court does as well. In recent years, the use of video surveillance in personal injury lawsuits has grown increasingly popular....and controversial.
Livestock Haulers ELD Exemption: A Short-Term Solution to a Long-Term Problem
Livestock haulers face unique challenges and problems when delivering their cargo across the country. Livestock require water and feed and cannot be left in trailers indefinitely. Requiring drivers to stop for extended periods of time under the strict Hours of Service (HOS) regulations can lead to injury and loss of animals. Why is this important? Well, whether you're talking a T-Bone medium-rare for supper, bacon and eggs for breakfast, or that grilled chicken salad for lunch-whether livestock can be transported safely and efficiently across the country is important issue to you-at least three times a day-whether you think about it or not.
