– Ethical Representation & Risk Management
- Service as outside risk management counsel and evaluation of all aspects of law firm practice organization
- Preparation of law firm policies on various ethical issues
- Representation before the South Carolina Commission on Lawyer Conduct and the South Carolina Commission on Judicial Conduct.
– Opinions and Advice
- We offer to companies, law firms and lawyers formal written opinions and telephone legal advice, e-mail advice, and in-person advice in all of the firm’s practice areas.
- Possibility of general retainers for services during specified periods
– Law Firm Defense
CGC, thanks to Nathan M. Crystal’s 40 years experience in professional responsibility and ethics, can defend law firms and attorneys in claims involving legal malpractice, conflicts of interest, breach of fiduciary duty, and related theories. CGC can represent lawyers in disciplinary proceedings, assist law firms in fee disputes, handle opposition to disqualification motions, and represent firms in attorney-client privilege and work product matters. Depending on the matter representation may be through cocounsel arrangement with a member of our alliance.
– Appellate Work in the Area of Professional Responsibility and Contracts
- Representation on appeal in these areas (Nathan Crystal)
- Serving as moot court for lawyers who have pending appeals (Nathan Crystal)
– Bankruptcy and Ethical Investigations
- Service as an examiner in bankruptcy cases
- Investigation of allegations of ethical misconduct by law firms and corporations
– Expert Witness Activities
- Service as an expert witness by Nathan Crystal, both consulting and testifying, on issues of professional ethics, contracts, and other areas in which the firm practices.
– Evidence Preservation Advice
A. A “quiet time” before litigation against a company is often the most appropriate time for this company (and its lawyers) to obtain evidence preservation advice, especially regarding discovery of electronically stored information (ESI), but not only.
CGC can assist law firms and their clients in developing policies and procedures for “preservation activity” that protect against the twin dangers of “overpreserving” (which involves high and unnecessary costs) and “spoliation”(which subjects the company to potentially large sanctions for failure to preserve relevant evidence.)
Note that “preservation activity” is different – and more restrictive – than retention activity (i.e. the retention of data to respond to regulatory document retention requirements and to internally created document retention policies that reflect the business needs for the data). Before litigation becomes imminent or is filed, the key to avoid overpreservation is identification of potential parties and issues, along with the location and custodians of relevant ESI.
B. CGC helps preserving your privilege, which can be challenging for documents formed abroad.
C. CGC provides advice on litigation hold notices, clawback agreements and can help law firms and their clients in privilege analysis (including on documents formed abroad)
D. CGC also provides advice about monitoring preservation to assure compliance with ethical and legal compliance.
– CLE Presentations
- Continuing Legal Education programs for law firms tailored to the specific needs and interests of the firm
- Formal and informal dispute resolution by Nathan Crystal, mediation, summary trials, and other devices adapted to the needs of particular parties. Ask for our ADR regulations and tariffs
– E-discovery, Data Security, Privacy and Internet Law
We can provide, thanks to Allyson Haynes Stuart, a wide range of services both to domestic and international clients (including lawyers and law firms) in the areas of e-discovery, data security, privacy and Internet law (in association with other providers of services when appropriate to the client’s needs) including the following:
Full service discovery of electronically stored information (ESI) for litigation or government investigations, and services for clients not currently engaged in disputes who nonetheless wish to protect themselves against high costs in the future, including the following:
- Drafting of document retention policies and review of records management systems
- Collection of documents in response to subpoenas or discovery requests
- Prevention of spoliation of evidence and avoidance of sanctions
- Imposition and monitoring of litigation holds
- Retrieving back-up information and distinguishing accessible from not reasonably accessible ESI
- Cost-effective processing and production of ESI, including privilege review
- Protection against privilege waiver, including drafting confidentiality and claw-back agreements with opposing counsel and drafting court orders of production pursuant to Federal Rule of Evidence 502
- Drafting and/or defense of third-party subpoenas for ESI
- Assistance in Rule 26(f) Conferences and Initial Scheduling Conferences under Rule 16
- Assistance in seeking ESI cost-sharing and cost-shifting or sanctions against opposing parties
- Advice on admissibility of digital evidence
- Solutions in cross-border production issues, including privacy controls and blocking statutes
Navigation of national and international data breach and securities laws and Federal Trade Commission guidelines to ensure compliance, to protect against a data breach or “security incident”, and to ensure confidentiality and security of consumer, medical, financial, educational and employee information, including the following:
- Data security audits
- Ensuring compliance with state and federal confidentiality and security requirements including the Fair Credit Reporting Act, HIPAA, FERPA, and Gramm-Leach-Bliley
- Compliance with data breach laws
- Drafting data breach notifications
- Drafting privacy policies for customers, employees, and students
- FTC best practices
- Protection against identity theft and solutions for compromised personal information
- Information Governance for Big Data — drafting or evaluating policies for collecting and maintaining big data throughout its life cycle
– Privacy and Internet Law:
Advice on a range of privacy and internet issues including privacy torts, media law, online defamation, trademark and copyright issues, internet jurisdiction and choice of law, and restrictions on internet marketing, file sharing, piracy and online bullying. Specific services include:
- Representation in all stages of privacy litigation
- Compliance with privacy regulations and internet laws
- Audits of privacy law compliance and proper treatment of personal information
- Advice for employers regarding workplace searches and surveillance
- Advice for internet companies wishing to limit jurisdictional liability
- Strategic considerations for filing and defending against litigation implicating multiple jurisdictions
- Protection of children online and compliance with COPPA
- Avoiding legal pitfalls in online marketing campaigns and sweepstakes
- Compliance with online intellectual property laws