Category: Blog

• Leigh Day has reportedly suspended two paralegals pending an investigation
• The pair are accused of seeking clients among the victims of the Grenfell fire
• They are accused posting flyers adverising their services at the fire scene
• A spokesperson for the company said they would never authorise such action 

By

Ross Parker For The Daily Mail

Published:
20:26 EDT, 7 July 2017

|
Updated:
03:41 EDT, 8 July 2017

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San Francisco, CA (Law Firm Newswire) July 7, 2017 – Bigger Law Firm Magazine provides a map of marketing and technology strategies in the latest issue, available today.

In the feature story, Brendan Conley dives into “client journey mapping,” a big-picture approach to marketing that will help firms develop a cohesive, end-to-end strategy. The client journey technique puts the client’s evolving relationship with the firm at the forefront. The firm’s marketing needs change at each successive stage of this relationship, from discovery and consideration to decision and engagement, and finally to lasting loyalty.

BLF shines its Product Spotlight on Lawcus, a cloud-hosted practice management software suite. As Dexter Tam explains, Lawcus separates itself from the competition with a visual representation of a case’s workflow called a Kanban board. Users can customize multiple workflows within the board. Lawcus also features Zapier, an application integration platform that automates tasks involving popular apps like Gmail and Dropbox.

Take a peek at the Future of Law with an analysis of algorithmic criminal risk assessments. Ryan Conley explores the state of these complex rule sets and computer programs that predict a convict’s likelihood to re-offend, from the public and open algorithms to the private ones protected by trade secrecy. A potential Supreme Court case may impact the trend in the short term, but could artificial intelligence someday make a “black box” of the criminal justice system?

This issue’s Policy analysis uncovers a troubling and lasting problem at many large firms: sexual harassment. Dipal Parmar explains that while sexual harassment complaints number in the thousands, the vast majority of incidents likely go unreported. Parmar spells out the causes, symptoms, and remedies for sexual harassment, the understanding of which is key to rooting it out.

Foster better Practice Management with Kerrie Spencer’s coverage of recent changes to the American Bar Association’s rules. With hacks and security breaches on the rise worldwide, the ABA is strengthening its rules on secure electronic client communications. Attorneys need to understand how to stay compliant for the sake of their clients and themselves.

Speaking of Security, Roxanne Minott has an informative overview of established best practices for electronic security and popular commercial tools. A combination of straightforward security habits and free software provides a substantial measure of defense, leaving attorneys with no excuse for electronic vulnerability.

In the Law + Tech update, Justin Torres covers the latest battles in the computer processor wars. Long dormant, challenger AMD is finally stirring interest and demand with their Ryzen chips. Should heavyweights Intel and Nvidia be worried? Finally, Kristen Friend provides actionable website tips in Design Obiter Dicta and identifies the single design principle that all firms must keep in mind.

Look for the new issue of BLF Magazine in mailboxes and on biggerlawfirm.com today.

Now Available on iOS, Android, and Kindle.

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OCULAR THERAPEUTIX INVESTOR ALERT: Legal Investigation for Potential Securities Law Violations

Girard Gibbs LLP
Posted on: 08 Jul 17

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Before her new role, Cox was president of Young Harris College for 10 years. She practiced law for a decade in Atlanta and Bainbridge and is an active member of the State Bar of Georgia.

Cox looks forward to sharing her legislative experiences with her students and helping them understand the law-making process. She was the District 160 state House representative from 1993-96, an assistant secretary of state from 1996-99, and then secretary of state for two terms.

She plans to reconnect and re-establish support with alumni across the Southeast and expand on some of the practices and programs that the former dean started.

“(Floyd) has provided really great leadership for the law school and put in a lot of wonderful programs to help our students,” Cox said. “I’m fortunate to be able to build on a lot of programs that are already in place without having to come in and make wholesale changes.”

Cox also wants to be out on the recruiting trail, helping students see how Mercer can help them succeed. Enrollment dropped at law schools across the country, including Mercer, during the recession, and all colleges are in “a rebuilding mode,” she said.

Mercer had 176 new students in 2006 and 145 in 2016. Enrollment fluctuated in between those years, with the smallest class in 2015 with 125 students and the largest in 2013 with 187, according to the law school. Students have come from as many as 17 states. The number of male and female students has been fairly even over the past 20 years.

“We don’t want to be the largest school out there,” Cox said. “That’s not the Mercer model. That doesn’t enable us to provide the type of personal attention that has always been a hallmark of Mercer’s law school.”

The law business is changing, and Cox wants to make sure students are prepared to tackle new opportunities and become the best lawyers possible.

Law firms are downsizing to save costs, and do-it-yourself legal services have come into play, but there will always been a need for high-quality lawyers in this country, she said. New law jobs are emerging, especially in technology-related fields.

Lawyers, judges and businesses in Macon like having Mercer law school students on board as interns and staff members. Partnerships will continue with local agencies to provide students with real-world experience and help community members in need. And an incubator program to pair graduates with experienced lawyers is in the works.

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SHAREHOLDER ALERT: Pomerantz Law Firm Announces the Filing of a Class Action against Barrick Gold
Corporation and Certain Officers – ABX

Pomerantz LLP announces that a class action lawsuit has been filed against Barrick Gold Corporation (“Barrick” or the “Company”)
(NYSE: ABX) and certain of its officers. The class action, filed in United States District Court, Southern District of New York,
and docketed under 17-cv-03815, is on behalf of a class consisting of investors who purchased or otherwise acquired Barrick
securities, seeking to recover compensable damages caused by defendants’ violations of the Securities Exchange Act of 1934.

If you are a shareholder who purchased Barrick securities between February 16, 2017 and April 24, 2017, both dates inclusive,
you have until July 10, 2017 to ask the Court to appoint you as Lead Plaintiff for the class. A copy of the Complaint can be
obtained at www.pomerantzlaw.com. To discuss this action, contact Robert S. Willoughby at rswilloughby@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, ext.
9980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and number of shares
purchased.

[Click here to join this class action]

Barrick is a gold mining company that purportedly engages in exploration and mine development. The Company also produces and
sells gold and copper.

The Company has a history of pipe ruptures and chemical spills at its Valedero mine in the San Juan Province of Argentina. On
September 13, 2015, the Company identified a valve failure on a leach pad pipeline, resulting in a release of cyanide-bearing
process solution into a nearby waterway. This resulted in a temporary court order restricting the addition of new cyanide to the
mine’s processing circuit. The restriction was subsequently lifted, however, on September 24, 2015. Then, on September 8, 2016 a
pipe carrying process solution was damaged by a large block of ice that had rolled down a nearby slope, resulting in a temporary
suspension of operations at the Veladero mine. Operations resumed on October 4, 2016.

On February 16, 2017, the Company held a conference call to discuss its 2016 fiscal year financial results. On the call,
Defendant Palmes stated that “[a]t Veladero, 2016 was a very challenging year” do to the pipe-related damage, but that the Company
“completed a series of remedial works to prevent such an incident from occurring again.” On the same call, Defendant Palmes
provided fiscal year 2017 Veladero production guidance, stating: “For 2017, we expect increased production of 770,000 ounces to
830,000 ounces at all-in sustaining cost of $840 per ounce to $940 per ounce.”

On March 28, 2017, the Company’s Veladero troubles reappeared, when a pipe carrying gold-bearing solution ruptured.

Surprisingly, in response to the rupture, the Company reaffirmed its fiscal year 2017 guidance. On March 30, 2017, the Company
stated: “[a]t this time, we do not anticipate a material impact to Veladero’s 2017 production guidance.”

Complaint alleges that throughout the Class Period, Defendants made materially false and misleading statements regarding the
Company’s business, operational and compliance policies. Specifically, Defendants made false and/or misleading statements and/or
failed to disclose that: (i) that the pipes and safety systems at the Veladero mine were not robust enough to prevent gold-bearing
solution spills; (ii) that, as a result, Argentinian authorities would restrict the addition of cyanide to the Veladero mine’s heap
leach facility and require remedial work; (iii) that these developments would impact (and were impacting) the production capacity
of the Veladero mine; (iv) that as such, the Company’s Veladero mine production guidance and total gold production guidance were
overstated; and (v) as a result of the foregoing, Barrick’s public statements were materially false and misleading at all relevant
times.

On April 24, 2017, the truth about the Veladero mine began to emerge when the Company issued a press release announcing its
first quarter 2017 financial results. Therein, the Company revised its full year guidance, stating that “[f]ull-year gold
production is now expected to be 5.3-5.6 million ounces, down from our previous range of 5.6-5.9 million ounces.” The Company
further stated that “[a]pproximately two-thirds of this reduction is attributable to the anticipated sale of 50 percent of
Veladero.” The Company also provided Veladero-specific guidance, stating: “we now expect full-year production at Veladero of
630,000-730,000 ounces of gold, at a cost of sales of $740-$790 per ounce, and all-in sustaining costs of $890-$990 per ounce. . .
. This compares to our original 2017 guidance of 770,000-830,000 ounces (100 percent basis), at a cost of sales of $750-$800 per
ounce, and all-in sustaining costs of $840-$940 per ounce.”

On this news, Barrick’s share price fell $2.15, or 11.3%, to close at $16.89 on April 25, 2017.

The Pomerantz Firm, with offices in New York, Chicago, Florida, and Los Angeles, is acknowledged as one of the premier firms in
the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of
the class action bar, the Pomerantz Firm pioneered the field of securities class actions. Today, more than 80 years later, the
Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of
fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class
members. See www.pomerantzlaw.com

Pomerantz LLP

Robert S. Willoughby

rswilloughby@pomlaw.com

View source version on businesswire.com: http://www.businesswire.com/news/home/20170707005711/en/

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A report detailing the cyber vulnerabilities of U.S.-based law firms released by LOGICFORCE has found that a majority of firms are not only exposed in a wide variety of areas, but in many cases, unaware of intrusion attempts made against them by hackers. The findings were based on survey data from over 200 United States law firms, anonymous system monitoring data and results from their proprietary on-site Synthesis E-IT Secure assessments.

John Sweeney, LOGICFORCE President, said in a statement, “This report, which was compiled in the months leading up to the DLA Piper hack, details the state of security that is prevalent within the legal industry. The Scorecard is meant to be an objective measure of the state of preparedness of U.S.-based law firms against such attacks. Ultimately law firms don’t have the resources or enough expertise to take on their security alone and we want to illustrate the areas where there needs to be more focus.”

The Cybersecurity Scorecard details how the degree of preparation and vigilance within the industry at large will continue to place many law firms at unnecessary risk of losing valuable client data such as trade secrets and intellectual property. Such catastrophic breakdowns in security could result in insurmountable financial losses for the targeted firms and their clients, the report finds.

As hacking continues to escalate, corporations are becoming much more proactive with their data security initiatives and are auditing their law firms at an increasingly rigorous pace. Approximately 40% of law firms in the study underwent at least one client data security audit and LOGICFORCE predicts this will rise to 60% by the end of 2018.

Major findings of the report:

• An average of 10,000 intrusions occur every day at law firms
• Both large and small firms are equally at risk of being hacked
• 95% of assessed law firms were not compliant with their own data security policies and 100% were not compliant with those of their clients
• 40% of firms were breached without knowing it in 2016

Early copies of this report were provided to and covered by The American Lawyer, ABA Journal, Law360, LegalTech News, Corporate Counsel, and other industry outlets.

“We need to effectuate a shift in thinking from ‘it won’t happen to me’ to ‘it will happen to me’, and until that happens, cybersecurity will never be given the level of attention it deserves,” asserted Sweeney.

About LOGICFORCE

LOGICFORCE is a business and technology advisory dedicated to the legal market founded in 1995. With over 150 institutional law firm clients they consult in the areas of IT, Cyber Security, eDiscovery, Document Review, and Digital Forensic around the country. When law firms want to make IT a competitive advantage, improve security and financial performance they turn to us.

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When a lawyer representing an injured plaintiff requests his or her client’s medical records, hospitals and doctors’ offices may try to charge fees to disclose this information. There are various state laws that include a standard search fee, fees per page printed, postage fees, and other assorted charges if more extensive documents are needed. However, some of these charges may be contrary to federal regulations, which actually preempt state laws.

According to the Health Insurance Portability and Accountability Act (HIPAA), a covered health care provider may not charge a fee under HIPAA for individuals to access the protected health information (PHI) that is available and accessible through the provider’s electronic health record technology. However, states are able to apply fees to cover the cost of certain labor, supplies, and postage.

Among numerous types of protection, HIPAA’s Privacy Rule gives patients the right to examine and obtain a copy of their health records and to request corrections. Upon request by the patient, the Privacy Rule requires HIPAA-covered health care providers to give the patient access to his or her PHI in “designated record sets” maintained by or for the covered entity. Designated record sets include:

• Medical records and billing records about the individual
• Enrollment, payment, claims adjudication, and case or medical management record systems related to the individual requesting the records
• Other records that are used, in whole or in part, by or for the covered entity to make decisions about individuals in general, whether or not they have been used to make a decision about the particular individual requesting access.

Under HIPAA, patients may also direct the covered health care provider or insurer to send a copy of their PHI to a designated person or entity — such as their lawyer. Plaintiffs will need to fill out a health information disclosure form, like this one here, which authorizes the provider to disclose information to the law firm.

When requesting electronic copies of medical records, and electronic copies are available, the HITECH Act prohibits medical providers to bill for paper copies. This template letter to medical providers highlights restrictions around what medical facilities can charge. For example, the letter clearly points out that “… 42 USC 17935(e) and 45 CFR 164.524(c)(4) limit the cost of the records to the actual labor costs for reproducing them in the requested electronic format, the actual cost of the portable media (in this case, on CD), and postage. The fee for reproducing the records in electronic format may not exceed $6.50 and may not include costs associated with verification, documentation, searching for and retrieving protected health information, etc. even if such costs may be authorized by state law.”

As an attorney, you should never have to pay a substantial fee to obtain your client’s electronic medical records. It may seem like a small point, but these fees add up. It is best to familiarize yourself with federal laws so you don’t get saddled with seemingly-arbitrary, state-defined costs for printed records.

About John Bair

John Bair has guided thousands of plaintiffs through the settlement process as co-founder of Milestone Consulting, LLC, a broad-based settlement planning and management firm. Milestone’s approach is comprehensive and future-focused. John’s team has guided thousands of clients by taking the time to understand the complexities of each case. They assess the best outcome and find the path that enables each client to manage their many needs. Read more about Milestone Consulting at http://milestoneseventh.com/.

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