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Expert Opinion

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…

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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.

Expert Opinion

Navigating International Investigations

Meghana Shah, Lewis Wiener, Ronald Zdrojeski and Brittany Cambre | April 02, 2018

Corporate scandals in recent years and the ensuing passage of Sarbanes-Oxley, Dodd-Frank and other compliance-based legislation have resulted in an exponential…

Expert Opinion

Chinese Cybersecurity Law: A Rising Threat

Edward McNicholas and Yuet Ming Tham | March 29, 2018

Every day seems to bring another regulatory presence in cybersecurity, from the New York Department of Financial Services (NYDFS) to the EU’s General Data Protection Regulation (GDPR).

Expert Opinion

'To Arbitrate or Not To Arbitrate?' That Is the Question

Julie Rodriguez Aldort and David Winters | March 28, 2018

Try as you might, some of your business deals invariably turn sour. No one likes to think about future disputes when you are entering into a deal, but it is worthwhile to take some time to think about how disputes will be resolved before a dispute arises.

Expert Opinion

Business Intelligence Finally Knocking at the Legal Department Door

Eric Willis | March 26, 2018

Legal departments are expected to do more with less and are now charged with better controlling and reducing costs, continuously evaluating and improving processes, and wherever possible, retaining and re-using historical data and knowledge.

Expert Opinion

ALSPs Coming-of-Age Is Putting In-House Counsel in the Driver Seat of Industry Restructuring

Hugh A. Simons | March 26, 2018

Given lawyers’ predilection for precedent, the probability of a corporation outsourcing to an ALSP depends on the number of corporations who’ve already done so.

Expert Opinion

Safeguarding Your Company: Preventing and Detecting Antitrust Violations

Cindy Caranella Kelly and Sarah Gibbs Leivick | March 16, 2018

In the past several years, anticompetitive activity has impacted a wide range of industries around the world. In 2016, global cartel fines across industries reached almost $8 billion, and more than $4 billion in 2017.

Expert Opinion

Privacy Practices Every Company Should Address in Wake of Action Against PayPal

Erin Jane Illman and Lyndsay E. Medlin | March 15, 2018

Privacy is serious business. This was made clear in the Federal Trade Commission’s (FTC) recent announcement that it had settled its complaint against Venmo, PayPal’s peer-to-peer payment service, for misrepresentations to consumers regarding privacy and security settings.

Expert Opinion

A Stitch in Time Saves Nine: Sustainable Compliance in Cyberspace

N. David Neeman and Timothy C. Stone | March 09, 2018

In the not-so-distant past, when hackers breached a company’s cybersecurity defenses and pilfered data, including sensitive customer information, the government and public alike often viewed the company as one of the victims.

Expert Opinion

Collaborative Disruption? The GC Thought Leaders Experiment in 2018

Firoz Dattu and Aaron Kotok | March 02, 2018

A sneak peek at early findings from AdvanceLaw's GC Thought Leaders Experiment and the plan to work with law firm leaders in 2018 to identify what approaches work best to providing clients value.

Expert Opinion

Landmark UK Case: Companies May Be Liable for Subsidiaries' Human Rights Abuses

Viren Mascarenhas and Kayla Winarsky Green | March 02, 2018

Recently, a landmark United Kingdom case has made it clear that U.K.-based parent companies may be found liable for human rights violations committed by their foreign subsidiaries. Plaintiffs all over the world are filing lawsuits seeking to hold parent companies responsible for the extraterritorial conduct of their subsidiaries.

Expert Opinion

Cyber Insecurity: The Need for Adaptable and Dynamic Processes for Security

Barry Dynkin and Benjamin Dynkin | February 28, 2018

Several years ago, cybersecurity was not even on the radar of most companies and their boards. Over the past several years after countless fiascos and crises impacting companies of every size and scope, cybersecurity has steadily risen as a priority and emerged as an integral aspect of a board of director’s duty of care and oversight to the company it oversees.

Expert Opinion

Compliance Officers as Whistleblowers: Preventative Strategies, Possible Defenses

Wendy Schwartz | February 26, 2018

The notion that a compliance officer can also serve as a whistleblower is unsettling to many in the business world. After all, the compliance function’s responsibility is to investigate and address issues so people don’t have to become whistleblowers.

Expert Opinion

How Long Should a GC Stay at the Same Company in Today's Market?

Julie Brush | February 26, 2018

Many professionals view the role of general counsel/chief legal officer as the top legal spot in the in house world. It is a “goal achieved”—through years of hard work and career navigation. And it’s a legal position unique to any other… and is viewed as such by employers

Expert Opinion Best Practices News

A 'Tsunami' of Website Accessibility Cases Means Compliance Challenges for Companies

Caroline Spiezio | February 22, 2018

Pharrell Williams is the latest to experience the litigation that can come along with the issue of website accessibility under the Americans With Disabilities Act.

Expert Opinion

Eco-Claims and Green Branding: The Importance of Being Earnest

Michelle Mancino Marsh and Janice Phaik Lin Goh | February 22, 2018

As consumers are becoming more sensitive to the environment, companies are trending toward branding their goods and services with eco-friendly claims such as “carbon-neutral,” “natural” and the like.

Expert Opinion

Bitcoin and Blockchain: What Will Survive If the Bubble Bursts?

Seth Berman | February 16, 2018

This past year has seen Bitcoin and other cryptocurrencies rise to dizzying valuations—Bitcoin, for example, rose 1500% in a year. In the last few weeks, the market for cryptocurrencies has become extremely volatile. Bitcoin has gained or lost more than 20% of its value over the course a few trading days multiple times. It is currently trading at about 70% below its peak value of only a few weeks ago

Expert Opinion

How to Spot a Whistleblower and Prevent Retaliation: 10 Tips

Benson Pope and Jeanine Conley | February 13, 2018

Each year, employers face increased risk of retaliation claims from self-styled “whistleblowers.” These individuals may file lawsuits using a variety of federal laws, including Sarbanes-Oxley (SOX) and the Dodd-Frank Act, as well as similar state laws.

Expert Opinion

On Board: Positioning the Board Ahead of a #MeToo Spotlight

Michael W. Peregrine | February 12, 2018

With the #MeToo movement spreading across the nation, boards of directors should anticipate, and take proactive steps to respond to, the possible expansion of this social responsibility movement to their own company’s industry sector.

Expert Opinion

From Compliance to Commitment: The Way We Work at Walmart

Daniel Trujillo | February 09, 2018

I go to work every day thinking about not just how to make the program better—I challenge myself with how to make the company better. I have found that if you start with that question, the program works better and is effective, efficient, and sustainable.

Expert Opinion

The Not-So-Gentle Art of Fostering Self-Selection

Eliza Stoker | February 07, 2018

We often forget that hiring is a two-way street—but we forget this at our own peril. The best, most enduring hires work out that way not only because the candidate is right for the company but also because the company is right for that candidate.

Expert Opinion

The Digital Transformation of Enterprise Legal Services Delivery

Gabriel Buigas | February 06, 2018

The “digital transformation” of legal services involves the application of technology-enabled efficiencies, process optimization and appropriate resource mix to the delivery of legal services to maximize client value, both in terms of costs and business impact.

Expert Opinion

Constructing a Workplace Environment That Rejects Sexual Harassment

Apalla Chopra, Rachel Cronin and Marni Barta | February 01, 2018

The political and cultural climate surrounding workplace sexual harassment is evolving faster than many companies can address or adapt to on their own. Internal and external stakeholders (management, employees, customers, clients and business partners) have new and heightened expectations about what companies should be doing to prevent and respond to harassment—whether reported or not.

Expert Opinion

Protecting Company Information From Disloyal Employees

Rasha Gerges Shields | January 24, 2018

In the era of telecommuting and daily cyberbreaches, companies face an ever-increasing challenge protecting their data from improper disclosures. Although many companies have invested in technology that protects them (to a certain extent) from outside intruders, these technological advancements do very little to stop the insider threat—disloyal and disgruntled employees.

Expert Opinion

Voluntary Self-Disclosure of Sanctions Violations: Frameworks and Considerations in the US, UK (Part I)

Matt Bell and Mike Casey | January 18, 2018

The concept of voluntarily self-disclosing sanctions violations is somewhat counterintuitive because it does not comport with our everyday notions of law enforcement. When people do things they are not supposed to do, they usually do not volunteer that information to the government agency responsible for punishing such misconduct.

Expert Opinion News

Ripped From the Headlines: 2017 Employment Law Issues

Sue Reisinger | December 07, 2017

What's been bugging in-house employment counsel in 2017?

Expert Opinion

Putting Your Litigation Story Into Action

Adam Rosenthal | December 01, 2017

In this final part of a four-part series, explore the various ways you and your outside counsel can use your company’s litigation story.

Expert Opinion

How to Prepare Your Company’s Litigation Story

Adam Rosenthal | November 30, 2017

An effective litigation story follows the same literary rules as any compelling story, with two notable differences. Like other stories, a litigation story has characters, setting, plot and conflict, and resolution. The critical differences is that the litigator’s story must be based on actual admissible evidence, and must be legally sound and persuasive.

Expert Opinion

How to Prepare: The Nuts and Bolts of Creating a Litigation Story

Adam Rosenthal | November 29, 2017

The late U.S. Sen. Daniel Patrick Moynihan often reminded his Senate colleagues that “everyone is entitled to his own opinions, but not his own facts.” Had Sen. Moynihan been a trial attorney, his mantra would have likely been, “in litigation, attorneys are entitled to rely on their own reading of the facts, but the only opinions that actually mater are those of the judge and jury.”

Expert Opinion

What Is a Litigation Story? Advice for GCs Preparing Their Company's Litigation Strategy

Adam Rosenthal | November 28, 2017

If after two months into a new case outside counsel is unable to clearly articulate a thoughtful, unique, and convincing litigation story about the case, you should find a new attorney. Successful trial lawyers are master storytellers.

Expert Opinion

Religious Extremism? A Global Workplace Issue: Part 2

Robbin Hutton | November 16, 2017

The recent acts of terrorism in the name of religion around the globe, the political protest in Brazil, along with the protests in the United States by extremist groups, have created management issues for all employers.

Expert Opinion Webcast News

Advice for GCs: Speak Up and Use Your Elbows

Sue Reisinger | October 26, 2017

GCs need to think strategically and become familiar with the business, according a recent webinar.

Expert Opinion Commentary

Locking It Down and Keeping Watch: A 2017 Corporate and Law Firm Protection Guide

Dan Panitz, Bruce (HB) Gordon and R Jason Straight | October 18, 2017

Anyone aware of current business news cannot avoid the flood of high visibility hacking and IP intrusion/theft. The issues have grown so ubiquitous that it isn’t shocking to hear U.S. companies and government agencies suffered a record 1,093 data breaches in 2016 alone, a 40-percent increase from 2015.

Expert Opinion

Richard Susskind On In-House Lawyers Sharing Risks Through Fee Arrangements

Stephanie Forshee | October 16, 2017

Legal experts weigh in on bold predictions made by scholar Richard Susskind.

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