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Expert Opinion

Expert Opinion

Is Your Website ADA Compliant and Should It Be?

Shepard Davidson | September 18, 2018

When George H.W. Bush signed into law the Americans With Disabilities Act (ADA), which prohibits discrimination in “any place of public accommodation,” the internet barely existed.

Expert Opinion

The Overlooked Story of Accounting Firms and ALSPs

Brian Houk | September 17, 2018

Some things receive more attention than they probably should. The Kardashians' latest antics, Elon Musk’s Twitter feed, and whether the thing making us uncomfortable this summer is the heat or the humidity—they are topics we return to again and again, at times out of habit more than anything else. Now, we can add another overly popular subject to the list: the Big Four’s encroachment onto the territory of global law firms.

Expert Opinion

The General Counsel and the Corporate Code of Conduct

Michael W. Peregrine | September 10, 2018

Codes are not, in most cases, a legal requirement but they are intended as an extension of the corporation’s good faith commitment to principles of corporate responsibility and to an appropriate and welcoming workforce environment.

Expert Opinion

Five Ways That Companies Botch Workplace Investigations

Ryan M. Bates | August 29, 2018

Here are the five most common mistakes made by companies when responding to allegations of workplace misconduct.

Expert Opinion

5 Things a Company Wants From Its Lawyers

Daniel S. Sanders Jr. | August 28, 2018

Effective lawyers need to find the root cause of the problem and not simply treat the symptom.

Expert Opinion

Will My Lack of Law Firm Experience Come Back to Haunt Me?

Julie Q. Brush | August 22, 2018

In today’s legal environment, starting your legal career as an in-house lawyer as opposed to law firm associate is not the kiss of death that it might have been in years past.

Expert Opinion

Creating a Digital-Ready Legal Department

Abbott Martin | August 14, 2018

Legal departments must support traditional industry concerns and understand the changes that technology brings to markets, value, risk and processes.

Expert Opinion Q&A

How to Be a Board Whisperer: Q&A With Shellye Archambeau, Board Member at MetricStream, Nordstrom, Verizon

Ryan McConnell | August 13, 2018

Corporate Counsel caught up with Shellye Archambeau and asked for some insight on working with boards.

Expert Opinion

California Consumer Privacy Act Elevates Austin as Prime Tech Destination

Ryan McConnell and Meagan Baker | July 30, 2018

Companies doing business in California turn their nose at the CCPA at their own peril.

Expert Opinion

Global In-House: Wise Ideas to Advance Diversity, Inclusion in Legal

E. Leigh Dance and Vanessa Scott | July 27, 2018

Legal professionals from 10 countries gathered in Atlanta this spring for Working Wiser, a workshop which took a new approach to speeding diversity and inclusion in the legal industry. It was not your normal diversity event.

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Expert Opinion

Co-Investing With Your Clients? Consider These Tips First

Justin Peacock | July 26, 2018

Without a process for evaluating these opportunities, you can easily end up with a hodgepodge, disparate collection of private investments.

Expert Opinion

Data Governance for Legal Ops: Adding Value Through Contract Intelligence and IG

Stephen Allen and Deana Uhl | July 25, 2018

Legal departments are beginning to address the growing pressure to measure and boost value in numerous strategic and innovative ways.

Expert Opinion

A Letter to the C-Suite: What to Do When You Need to Fill a Gap on Your Legal Team

Deb Ben-Canaan and Casey Feldman | July 12, 2018

Decision-makers have traditionally relied on short-term options that are less than ideal to keep things moving while the hiring process runs its course. But you might have more options than you think.

Expert Opinion

Understanding Calif.’s Game-Changing Data Protection Law: The California Consumer Privacy Act of 2018

Emily Tabatabai, Antony Kim and Jennifer Martin | July 10, 2018

For any company that has assets in California or handles Californians’ personal information, California’s new Consumer Privacy Act of 2018 will likely have a significant impact on core business operations.

Expert Opinion

A New Kind of General Counsel Innovator

E. Leigh Dance | July 09, 2018

General counsel are advocating on important issues for their organization’s stakeholders, with a far broader scope than legal.

Expert Opinion

2018 Consumer Protection Priorities of State Attorneys General

Joe Jacquot and Ed Burbach | July 06, 2018

Attorneys general (AGs) are not only lawyers for their states; they are enforcers, regulators, and even public policy advocates. With a broad consumer protection mandate, a state AG is able to reach a wide range of industries that have a consumer touch.

Expert Opinion

Should an In-House Attorney Get an MBA?

Mike Evers | July 05, 2018

This column addresses a very specific question, which I have been asked repeatedly over the years: Should an in-house attorney get an MBA?

Expert Opinion

How Regulation A Updates Could Benefit Smaller Reporting Companies

Alexander Dinur, Alan Wovsaniker and John Hogoboom | July 02, 2018

On May 24, the Economic Growth, Regulatory Relief, and Consumer Protection Act (act) was signed into law.

Expert Opinion

So You Missed the GDPR Compliance Deadline. Now What?

Karl Hochkammer and Elizabeth Jacobs | June 28, 2018

To make the greatest progress at the fastest speed, companies not yet in compliance with the GDPR should assess the risk of compliance activities and prioritize the largest risk areas.

Expert Opinion

Law Firm Panels, Part I: Are They Designed to Fail?

Firoz Dattu and Aaron Kotok | June 26, 2018

It's really not panels that are the problem, but how they are executed and managed, according to the latest finding in AdvanceLaw's GC Thought Leaders Experiment.

Expert Opinion

Reducing the Legal Challenges of Employing Independent Contractors

John A. Pearce II | June 26, 2018

Since businesses first classify workers and are then second-guessed by government agencies as to their accuracy, executives should consider adopting the most frequently used government system as their own basis for classification. This system is known as the ABC Test.

Expert Opinion Q&A

Top Experts Explore Visa Options for Foreign Entrepreneurs

Nick Gaffney | June 26, 2018

In this roundtable, our panel of experts (Susan J. Cohen, Niko Bonatsos, Jeff Clavier, Sascha Eder and Jeff Farrah) share their insight about the limitations of common work visa options foreign entrepreneurs are forced to consider (H-1B, E-2, and F-1 visas) and the merits of the International Entrepreneur Parole Program — a program that the Trump Administration has proposed to remove.

Expert Opinion

Litigating 'Best Efforts' Considerations for Defining or Not Defining What Effort to Expect

Jeremy J. Gray | June 22, 2018

Unforeseen or uncontrollable events make the full extent of risk associated with development and commercialization unknowable.

Expert Opinion

Losing the Ability to Conduct Business, Period: The Potential Impact of Multilateral Development Bank Sanctions

William Jacobson and Lauren Muldoon | June 21, 2018

Every company participating in multilateral development bank-financed projects must be cognizant of their compliance guidelines and the impact of their investigative and disciplinary functions.

Expert Opinion

Does Compliance Really Have Different Interests Than Legal?

Michael W. Peregrine | June 20, 2018

Recent public comments by well-known compliance consultant Hui Chen provide an important, if not also provocative, perspective on the role lawyers should play as part of a compliance team.

Expert Opinion

Seven Steps to Ensuring Your and Your Law Firm Partners’ GDPR Compliance

Barry Ader | June 19, 2018

The General Data Protection Regulation (GDPR) went into effect on May 25 and with it, the European Union (EU) Parliament has set an impressively high standard for data privacy with the new rule.

Expert Opinion

Stay or Go: Reading the Tea Leaves of a CEO Transition as General Counsel

Lee Udelsman and Ryan Whitacre | June 18, 2018

Leadership transitions put employees on edge, and for good reason: a new chief executive officer means that everyone in the company is once again auditioning for their job.

Expert Opinion

What's Market-Rate Compensation for a Midlevel Associate Heading In-House?

Julie Q. Brush | June 15, 2018

Moving in-house is an alluring proposition that has been a major driver for the exodus of today’s young law firm associates.

Expert Opinion

Mastering Legal Holds: What Is the Scope of Preservation and Best Practices to Comply? Part III

John Tredennick | June 14, 2018

When a legal hold duty arises, an organization must decide what to preserve and how to do it.

Expert Opinion

Largest, Most Pedigreed Firms Underperform on Service Quality Compared to Other Firms

Firoz Dattu and Aaron Kotok | June 12, 2018

AdvanceLaw offers its second major finding out of its GC Thought Leaders Experiment.

Expert Opinion

Safeguarding Your Company: Obtaining Recovery for Antitrust Violations

Cindy Caranella Kelly and Sarah Gibbs Leivick | June 06, 2018

There are circumstances where litigation may not necessarily be the optimal strategy for obtaining appropriate redress and recovering damages caused by collusion.

Expert Opinion

GCs: How to Manage New Hire Expectations

Mike Evers | June 05, 2018

The results from the 2018 Career Satisfaction survey for in-house counsel make it abundantly clear that most of you crave upward mobility.

Expert Opinion

Better Information Governance Means Better E-Discovery Outcomes—Part II: Components of Information Governance That Support Consistency in E-Discovery

Yodi S. Hailemariam and Amy Ramsey Marcos | May 29, 2018

In Part II, we explore how several core components of an information governance program can foster consistent e-discovery practices, with an explanation of how the changes to FRCP 37(e) make sanctions less likely in the face of demonstrated IG efforts.

Expert Opinion

General Counsel Need to Seek Flat Fees More, Research Finds

Aaron Kotok and Michael Williams | May 24, 2018

In the first key finding of its GC Thought Leaders Experiment, AdvanceLaw assesses whether flat fees generate better or worse law firm performance on legal matters than do hourly fees.

Expert Opinion

ADA Lawsuits and Businesses: Take Steps to Avoid Litigation Now

Patrick P. Dinardo and Erika Todd | May 18, 2018

The Americans with Disabilities Act (ADA) became law in 1990, but it is newly urgent for businesses. Lawsuits filed under Title III, which requires businesses that are open to the public to be accessible to people with disabilities, have increased exponentially in recent years.

Expert Opinion

Mastering Legal Holds: When Does the Hold Obligation Arise? Part II

John Tredennick | May 16, 2018

In the first of this three-part series on mastering legal holds, I introduced the concept of a legal hold and offered seven steps for implementing a hold.

Expert Opinion

Unexpected Successor Liability Arising From an Asset Purchase

Gary S. Matsko | May 15, 2018

It is an article of faith that a company seeking to acquire a business without being saddled with its liabilities does so by acquiring assets: “Most jurisdictions, including Massachusetts, follow the traditional corporate law principle that the liabilities of a selling predecessor corporation are not imposed upon the successor corporation which purchases its assets ...,” as in Milliken & Co. v. Duro Textiles, 451 Mass. 547, 556, 887 N.E.2d 244, 254 (2008).

Expert Opinion

A Legal Ops Pro With His Eyes on the Future: A Q&A With Gary Tully of Gilead

Dan Clark | May 14, 2018

Tully spoke to Corporate Counsel about the evolution of legal ops, his day-to-day challenges, his project to help with law firm data security and more.

Expert Opinion

India: An Emerging Economic Powerhouse and the Need for In-House Counsel

Pooja Mahbubani | May 14, 2018

With sustained economic growth above 7 percent and an exploding start-up culture, the Indian economy is booming. And thanks to the ongoing economic liberalization brought about by the Modi government, it’s never been more accessible for foreign companies.

Expert Opinion

Outside Liability in the #MeToo Era: The Viability of Aiding and Abetting Claims

Lynne Hermle and Annie Prasad | May 10, 2018

Executive heads continue to roll in the wake of the #MeToo movement, which now has boards of directors and shareholders in its crosshairs.

Expert Opinion

Matter Management Can’t Do It All

James Beckett | May 07, 2018

Innovative legal leaders are measuring beyond the level of just matter management. They are measuring subjective performance data and sharing the results with their law firms.

Expert Opinion

Leadership and Mentoring: Leading by Serving

Frank Ramos | May 04, 2018

Leadership is not a title. Nor is it a right. It is not an excuse to boss others around. It doesn’t bestow upon its owner powers over others’ choices, values or decisions. Leadership is service.

Expert Opinion

How to Score an In-House Job Without In-House Experience

Julie Brush | April 27, 2018

Whether you’re a litigator or a transaction lawyer, the lack of in-house experience can put you at a competitive disadvantage when applying for an in-house position.

Expert Opinion

Tactics for Shattering the Glass Ceiling and Building the Next Generation of Glass Breakers

Kim Stuart | April 23, 2018

Leadership is defined as “The ability of an individual to ‘lead’ or guide other individuals, teams or entire organizations. … A process of…

Expert Opinion

Anticipating the 2018 CLOC Institute and Grading Legal Ops Progress: 'Nevertheless, We Persist …'

Susan Hackett | April 20, 2018

About a year ago, I wrote two articles for Corporate Counsel about the 2017 CLOC conference—one article appeared in advance of the meeting to discuss what registrants might expect; the other was published after the conference ended to offer up some concluding thoughts and explore top takeaways.

Expert Opinion

Waiver of the Attorney-Client Privilege: Mitigating Risks When Working With Litigation PR Consultants

Lisa M. Baird and Erica Yen | April 18, 2018

When it comes to the attorney-client privilege, confidentiality matters. The privilege ordinarily is lost when otherwise confidential attorney-client communications are exposed to third parties, and that makes such communications vulnerable to discovery in litigation.

Expert Opinion

The Promise and Reality of Legal Tech

Abbott Martin | April 12, 2018

The news is filled with stories highlighting the promise of new technologies—machine learning, AI, blockchain—for the practice of law. Unfortunately, legal department experience with technology has not continually matched the headline aspiration.

Expert Opinion

Here's How Startups Can Build Patent Strength Fast

Marshall Phelps | April 11, 2018

Everybody knows that strong patents help decide the winners and losers of business competition. But there’s another, little-known way for companies to acquire the patents they need: they can simply buy them.

Expert Opinion

Corporate Goals in the Patent Landscape: 5 Ways to Perfect Your Product Launch

Bradley J. Van Pelt | April 04, 2018

The last thing your company wants after making a considerable investment in bringing a new product to the market is being slapped with a lawsuit alleging patent infringement, stopped from selling your product or seeing your competitors quickly skirt your product because you did not obtain patent protection.

Expert Opinion

The Rise of the 'New' General Counsel to the C-Suite

Hugh Welsh | April 03, 2018

Across corporate America, we see more and more companies giving their general counsels additional roles and responsibilities that have been traditionally held by others on the executive team.

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