The Brief No. 2: a blockchain ruling, employment ads, tariffs & what Lean really means

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August 22, 2018

This week, we take a look at a new blockchain ruling out of California, employment discrimination in targeted ads, and applying Lean to the law.

Also this week: a new Facebook group for the latest news and opportunities in remote legal work.

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Backyard Blockchain: A federal judge found that cryptocurrency company Tezos' initial coin offering was not exempt from U.S. securities laws even if a Swiss entity oversaw the transaction. The opinion denying Tezos' motion to dismiss an investor class action suit noted that the Tezos founders and the servers processing the transactions were in the US and that Tezos primarily targeted US investors. The judge also found that choice of law provisions must be clearly spelled out in the transaction (and not buried in shrink-wrap Terms of Service) and that no single factor was definitive. 

Advertising Age(ism)? When attorney Dan Kleber applied for a legal job with CareFusion, the posting specified that CareFusion was looking for candidates with three to seven years of experience. Kleber applied anyway, was rejected, and sued. He’s on a growing list of plaintiffs claiming that recruitment ads are the new look of age discrimination.

Back to [GDPR] School: The May 2018 deadline was only the prerequisite for the General Data Protection Regulations—the EU’s enhanced obligations on anyone who collects and processes data. In Forbes this week, Israel Martinez writes about the five ways companies can mitigate compliance risks. Not surprisingly, the most difficult part of compliance for most companies has been determining what type of data they have and where it is stored. (Check out Exterro’s white paper for the Cliffs Notes to e-discovery.)

It’s Tariff Time: Phones are ringing off the hook and inboxes are overflowing right now for lawyers who work with companies that import goods into the United States from China. Over at the China Law Blog, Dan Harris provides warnings of what clients shouldn’t do. He also highlights the high risk of civil and criminal penalties for trying to ship goods through other countries as the first part of what will be an ongoing series on the newly imposed Chinese tariffs.


Around the World in 40 Days. E-discovery and practice technology expert Dera Nevin took a 40-day trip around the world to meet with legal hackers and entrepreneurs to find what was driving innovation in the law. Listen to Bob Ambrogi’s fascinating conversation with her in this sixth episode of LawNext.


On the blog: What Lean Law Really Means
You've probably heard the term "Lean Law", but do you know what it really means? The first part in our Lean Law series is chock full of resources to help you get started.

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Call for Collaborators: AFAs
Many legal departments are pushing for Alternative Fee Arrangements (AFAs) with their outside counsel. Has your department or firm used AFAs successfully in practice? We’d like to feature you in an upcoming series on our blog. Just hit reply to this email and we'll be in touch!