Star legal writers: IT, data and privacy

Our top briefings echo the main IT concerns: namely the rise of legal technology and concern over cyber crime.

Aderant: The four main trends in legal technology

By Ian Oxman

Despite its reputation as a slow adopter of change, the legal industry is beginning to implement new technology at an increasing rate.

During our recent survey of legal professionals in North America, Europe and Asia-Pacific, we found that 98 per cent of law firms undertook one or more technology initiatives in 2014.
Also uncovered by the research was the fact that 37 per cent of mid-sized and 49 per cent of large firms reported increased their IT budgets for the year.

So how are legal professionals implementing and using these new technologies? To explore this topic, we polled a panel of experts and influencers in the legal tech field and asked, “What are the top legal technology trends so far in 2015?” Here’s what we heard:

1. Increased use of legal project management software

While much has been discussed about legal project management and process improvement in the past, implementation and adoption remains sluggish. However, many experts believe new technology and automation tools will facilitate an increase in the utilisation of project management tools.

What’s more is that as clients continue to demand increased efficiency, fully adopting these solutions and getting the most out of them, becomes even more important.

As outside legal budgets shrink and the drive for in-house efficiency rises, technology becomes necessary to do more for less, making automation and workflow tools critical for attorneys aiming to remain competitive. Firms are increasingly adopting automation technology in the form of workflow efficiency, compliance tools and the automated drafting of documents.

More sophisticated firms are starting to move to the next level of project management and explore task management. With the growth of in-house legal departments and alternative service providers, task management is becoming critical to efficiency. Experts noted that some of the benefits of task management include providing assumptions of the length of time needed for various tasks, improved communications, better resource management and improved deadline management.

2. Technology to streamline billing and manage alternative fee arrangements

In an era of escalating client pressure for top value, more and more firms are offering alternative fee arrangements and becoming more cognisant of client budgets. As firms are driven to change their thinking – and processes – around managing matters, a new class of legal billing software, process management and pricing is emerging to help firms.

As more firms streamline billing processes in 2015, greater accountability to clients is a natural by-product. By implementing regular key performance indicator measurements against targets and employing benchmark data, attorneys can make changes to improve overall profitability and client value.

3. Integration and collaboration of legal software and devices

As legal software infiltrates the market, the need for collaboration and integration of products and devices is of utmost importance. Lawyers want simple solutions, so legal technology companies that encourage and facilitate seamless integration will have the most staying power.

With more and more functionality being added to our smartphones and desktops, lawyers are expecting everything to work together smoothly. Technologies (not just mobile) that enable a more distributed, off-site way of working will also become immensely important as law firms move away from firm-centric working. As lawyers increasingly work from multiple…

Collyer Bristow: Dating site hacked – red faces all round

By Rhory Robertson

There were probably some awkward silences among a number of married couples around the world that Sunday evening and Monday morning when news broke that specialist adult dating site Ashley Madison had been hacked. Ashley Madison (AM) is part of Canadian company Avid Life Media (ALM), which specialises in websites offering married users opportunities to hook up with similarly attached people. Other associated ALM sites include Cougar Life and Established Men.

The group claiming that it has stolen a mere 40MB of data, including credit card details and some company information on ALM, is called ‘The Impact Team’ (TIT). They claim that the delete option on the AM site is a lie, and despite users paying £15 to have their information removed, it actually remains undeleted. They express no sympathy for the users of the site saying they deserve any discomfort. They are demanding that the site be taken down or they will release more information. Their stated motive is said to be rooted in morality but blackmail may be a better word. The reality is they are doing this for profit.

AM is the second website of a sexual nature to be hacked in as many months. When Adult FriendFinder was attacked in May 2015, more than 3.5 million people’s sexual preferences, fetishes and secrets were exposed. Many individuals are still suffering fall out from this as their highly sensitive personal data is traded on the dark web. With persistence and the type of information available, hackers can find out who and where these people are. Therefore there is a real threat to individuals should this information go public.

What remedies are available to individuals who are targeted in this way? Under normal circumstances, subscribers would have a straightforward claim for an injunction to protect their privacy. The release of this information is in clear breach of Article 8 of the European Convention on Human Rights, which can be found in schedule 1 of the Human Rights Act 1998; everyone has the right to respect for private and family life, home and correspondence.

Should TIT carry out its threat it does not take too much imagination to identify a number of causes of action available to victims but in this short article we take issue with AM’s probable line of defence that it can be excused liability by reason of its absurdly stringent Terms and Conditions. Regarding privacy they say, ‘although we strive to maintain the necessary safeguards to protect your personal data, we cannot ensure the security or privacy of information you provide through the Internet and your email messages’.

In their disclaimer of warranties, they “do not warrant that any information you provide or we collect will not be disclosed to third parties”. And if you are looking for ways in which to challenge them in response to the hacking, they say “you agree that we will not be liable for any damages whatsoever regarding disclosure of…

Ones to watch

Shepherd and Wedderburn

Brexit analysis: data protection

With the possibility of the UK voting to leave the EU, the UK would be required to consider what type of data protection governance it may adopt post-Brexit. What approach is taken will, in large, depend on the nature of the UK’s post-Brexit relationship with Europe.

Stewarts Law

Did boss violate employee’s rights by monitoring internet use?

In Barbulescu v Romania the European Court of Human Rights considered whether an employer had violated an employee’s rights to privacy. This briefing looks at the facts and the decision.

Shoosmiths

Cyber crime: it’s a question of ‘when’, not ‘if’

Businesses face an increasing number of challenges and one of the most severe and potentially damaging is that of cybercrime. Fallout from a cyber-attack can result in both physical as well as reputational damage and the loss of business and customers, says Shoosmiths’ Alex Bishop.

Schillings

Secure your systems, defend your data

Last year became known as the year of the hack and there are no signs that the rate of attacks on successful businesses is abating. Jake Calvert looks at some simple steps you can take to protect yourself from the dangers posed by a data breach.

Ogier

The future is fintech

Put very simply, fintech, or financial technology, involves the use of software in the provision of financial services. In this briefing, Ogier asks if fintech is just a buzzword or if it is the future.