Stephen Riden in Massachusetts Lawyers Weekly on Ediscovery

The October 8, 2012, issue of Massachusetts Lawyers Weekly features Stephen Riden in an article about a survey of in-house counsel on ediscovery issues. The article is by Massachusetts Lawyers Weekly’s Managing Editor, David E. Frank.

The article focuses on a survey conducted by BTI Consulting Group, in which 350 general counsel and other “legal decision makers” were asked to evaluate their outside attorneys’ management of ediscovery. The survey reveals widespread dissatisfaction with law firms’ handling of the phase of litigation involving the production of electronically stored information.

In the article, Steve Riden acknowledges the frustration felt by in-house counsel and describes the source of aggravation with the ediscovery process:

‘So much of the frustration in-house lawyers are experiencing is inherent in the process,’ said Stephen D. Riden of Beck, Reed, Riden in Boston. ‘Even the best positioned law firm is still going to find itself on the receiving end of complaints about the hassles associated with e-discovery. I don’t see that changing any time soon.’

Riden said he is not surprised by the results, given the time and money that goes into producing electronic data and the lack of experience many practitioners have dealing with e-discovery.

‘There is always going to be tension between what the client wants, which is minimal cost and hassle, and what the courts require, which can often be expensive and onerous,’ he said. ‘That tension isn’t going to go away any time soon. But this survey should be a wake-up call for law firms in Massachusetts and across the country that there is an area of client services that’s badly in need of improvement.’

Steve Riden frequently writes and speaks about commercial litigation issues, including social media and electronic discovery.

About Us

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck Speaking at Trade Secrets Seminar

Russell Beck will be a speaker at Mastering Copyright, Trademark, & Intellectual Property, a telephonic seminar held on Wednesday, October 10, 2012, and sponsored by The Rossdale Group. Russell will be speaking on the topic, “Innovative Issues in Trade Secret Law.

 

 

About us

Beck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (4th ed., MCLE, Inc. 2010), used by other lawyers to help them with their noncompete cases
  • Drafting and advising on the current bill pending before the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administrating the award-winning blog, Fair Competition Law
  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 1,000 members around the world
  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2012 Chambers USA Guide, which identified Russell as one of its “Notable Practitioners,” stating, “The highly regarded Russell Beck of Beck Reed Riden LLP has an excellent reputation for his work on trade secret and noncompete issues.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

 

Stephen Riden included in The Best Lawyers in America

Stephen Riden was recently selected by his peers for inclusion in The Best Lawyers in America® 2013 in the field of Commercial Litigation.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

(The Best Lawyers in America® Copyright 2012 by Woodward/White, Inc., of Aiken, SC).

About us

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Erika Hahn Joins BRR

We are pleased to welcome Erika Hahn, who joins the firm as a paralegal and office administrator.  Erika comes to the firm with 15 years of experience as a litigation paralegal. Most recently, Erika worked at Foley & Lardner LLP, where she supported 12 attorneys in the Boston office Litigation Department.

Russell Beck to speak at Labor and Employment conference in Louisville

Russell Beck will be a speaker at the 29th Annual Carl A. Warns, Jr. Labor & Employment Law Institute in Louisville, Kentucky.  The conference is sponsored by the  University of Louisville’s Louis D. Brandeis School of Law.

Russell will be speaking on the topic, “Covenants Not To Compete: From Negotiation to Enforcement and Defense.”

Russell is scheduled to speak on Thursday, June 21, 2012.

About us

Beck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (4th ed., MCLE, Inc. 2010), used by other lawyers to help them with their noncompete cases
  • Drafting and advising on the current bill pending before the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administrating the award-winning blog, Fair Competition Law
  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world
  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2012 Chambers USA Guide, which identified Russell as one of its “Notable Practitioners,” stating, “The highly regarded Russell Beck of Beck Reed Riden LLP has an excellent reputation for his work on trade secret and noncompete issues.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

 

Russell Beck Ranked by Chambers USA

Russell Beck was honored in the 2012 Chambers USA Guide.  Chambers identified Russell as one of its “Notable Practitioners,” stating, “The highly regarded Russell Beck of Beck Reed Riden LLP has an excellent reputation for his work on trade secret and noncompete issues.

Russell was first ranked by Chambers USA in its 2010 guide, and was also honored by Chambers USA last year.

 

About us

Beck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (4th ed., MCLE, Inc. 2010), used by other lawyers to help them with their noncompete cases
  • Drafting and advising on the current bill pending before the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administrating the award-winning blog, Fair Competition Law
  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world
  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

 

Russell Beck to speak at Pacific Coast Labor & Employment Law Conference

Russell Beck will be a panelist at the 45th Annual Pacific Coast Labor & Employment Law Conference in Seattle, Washington.

Russell will appear on a panel titled “Getting the Most Out Of Non-Competition Agreements: Enforcement Experiences From the Bench, In-House and Around the Country.”

Hon. John P. Erlick, of King County Superior Court in Seattle will also be on the panel.

Russell is scheduled to speak on Thursday, May 3, 2012.

About us

Beck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (4th ed., MCLE, Inc. 2010), used by other lawyers to help them with their noncompete cases
  • Drafting and advising on the current bill pending before the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administrating the award-winning blog, Fair Competition Law
  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world
  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the June 2011 Chambers USA Guide, which included Russell in its “Notable Practitioners” section, adding that “Russell Beck of Beck Reed Riden LLP is regarded as ‘something of a leader in the noncompetition arena’ by peers.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Stephen Riden in Massachusetts Lawyers Weekly on preserving evidence

The February 27, 2012, issue of Massachusetts Lawyers Weekly features Stephen Riden in an article about a company that was sanctioned after destroying evidence. The article is by Massachusetts Lawyers Weekly’s Managing Editor, David E. Frank.

The article focuses on a lawsuit involving dispute over the ownership and management fees of a hedge fund. While the lawsuit was pending, a Superior Court judge in the Business Litigation Session found that the CEO of the defendant company destroyed thousands of pages of evidence. The defendant company, for its part, argued that the destruction was inadvertent and, in any event, the discarded materials were either duplicative or irrelevant.

Nevertheless, the Court found that spoliation had occurred, and ordered the defendant to pay a portion of the plaintiffs’ attorneys’ fees and ruled that an adverse jury instruction would be given at the time of trial.

In the article, Stephen Riden comments that, while there are some appellate decisions in Massachusetts that define the parameters of what is a permissible sanction in this situation, the most comprehensive analysis of spoliation issues is most often found in lower court decisions.

‘By the time it gets to the appellate level, they’re looking at it from an abuse-of-discretion standard, so unless the judge has gone far afield of what an appeals court thinks is reasonable, they’re not going to issue an opinion to the contrary’ he said. ‘These are in-the-trenches discovery battles, and where you’re going to see the most well-developed analysis of the issues is in the trial court.’

Steve Riden frequently writes and speaks about commercial litigation issues, including social media and electronic discovery.

About Us

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck in New England In-House on noncompete agreements

The February 29, 2012, issue of New England In-House features Russell Beck addressing noncompete agreements for in-house counsel in an article called “Are New England’s in-house counsel free to join competitors?

Many companies ask new employees to agree to restrictive covenants as a condition of employment. These restrictive covenants can take a variety of forms, including the familiar non-compete agreements and nondisclosure agreements, as well as forfeiture agreements, no-raid agreements, and assignment of inventions agreements.

Unlike most employees, however, lawyers are generally not permitted to enter into noncompete agreements. Rule 5.6 of the Rules of Professional Conduct bars attorneys from entering into noncompete agreements.  However, the language in Rule 5.6 leaves open the question whether in-house counsel are always prohibited from entering into non-competition agreements.

In his article, Russell Beck refers to the American Bar Association for an answer:

Despite those questions, the American Bar Association has determined that Rule 5.6 applies not just to outside lawyers, but to in-house counsel as well.

And, as the New Jersey Advisory Committee on Professional Ethics (relying on Virginia, Illinois, Connecticut, Washington and Philadelphia bar opinions, as well as cases involving outside counsel) assayed, “the overwhelming majority of jurisdictions in the United States follow the ABA’s approach and hold that restrictive covenants affecting lawyers, whether employed by corporations or private law firms, generally violate state ethical standards.

Thus, while it is clear that attorneys, including in-house counsel, are generally not permitted to enter into noncompete agreements, one possible exception is based on the role that the in-house counsel takes in his/her new company:

In contrast, it is only when the non-compete prohibits in-house counsel from taking a purely business role that the agreement would likely be enforceable.

Thus, for example, a non-compete that prevents in-house counsel from going to a competitor as a COO would likely be enforceable.

The rationale for that exception to the exception is that the individual’s status as a lawyer is irrelevant to the role and, therefore, client choice for legal services is not at issue.

Russell Beck concludes the article with a reminder that, although in-house counsel are generally free to move about without the burdens of a noncompete agreement, they are not free from all restrictions.

So, while you are almost certainly free to move from in-house job to in-house job, and to bring legal support staff of your choosing, you are not free from all restrictions. Confidentiality and conflicts rules and certain restrictive covenants will govern your transition.

Russell Beck’s complete article appears here.

About Us

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

We are widely recognized for our work handling trade secret and noncompete mattersRussell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters
  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (4th ed., MCLE, Inc. 2010), used by other lawyers to help them with their noncompete cases
  • Drafting and advising on the current bill pending before the Massachusetts Legislature to define, codify, and improve noncompetition law
  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law
  • Founding and administrating the award-winning blog, Fair Competition Law
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