From the Experts

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.

Best Practices

'Prenups' Are Not Just for Individuals: Protecting Your Client in a Business Divorce

Byeongsook Seo and Stephanie Kanan | April 18, 2018

Before your corporate client gets hitched, counsel them on why a solid business prenup makes sense. The following are key items to consider.

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.

News

Retail GCs Now Waiting for Supreme Court Decision in Online Sales Tax Case

Stephanie Forshee | April 18, 2018

In-house legal leaders had plenty to say about South Dakota v. Wayfair. Oral arguments in the case were heard on Tuesday at the Supreme Court.

Global In-House: How to Make Your Case for Legal Operations Support

E. Leigh Dance | April 17, 2018

Corporate Legal Operations Consortium’s annual gig kicks off in Vegas next week, with more than double last year’s big crowd. This global in-house column explores why the legal ops role makes sense for companies headquartered worldwide, with bonus tips from the pros on how you can make it happen.

Preparing for Unfathomable Social Media Events

Erin S. Hennessy, Annie Allison and Salsabil Ahmed | April 16, 2018

How to Successfully Navigate Legal Challenges for Brands Online

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.

The Time Is Now for Corporate Legal Department Digital Transformation

Dan Carmel | April 09, 2018

By combining the right technology platform with smart change management practices, corporate legal departments, like finance, human resources and many other business departments, can use new digital technologies to dramatically transform how their departments operate. In doing so, such digital transformation strategies enable corporate legal departments to reduce operating costs, increase productivity and deliver enhanced and new services to their company.

On Board: The General Counsel’s Relationship With 'C-Suite Evangelists'

Michael W. Peregrine | April 06, 2018

Greater executive level awareness of the general counsel’s responsibilities may reduce the risk that self-styled executive “evangelists” will “go public” with concerns on corporate conduct or priorities.

Commentary

Typos Are Tolerated When the Deadline for Everything Is Now

Mike Evers | April 05, 2018

Today, I expect typos. On resumes! From attorneys who graduated from Top 20 law schools. It may surprise you that the worst offenders are not unemployed lawyers with below market pedigree.

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.

The Good, the Bad and the SEC: How Corporate Boards and Senior Management Should Respond to Mandatory Whistleblower Reporting

John J. Carney and Jonathan A. Forman | March 27, 2018

The U.S. Supreme Court’s Digital Realty decision presents good and bad news to public companies and other entities regulated by the U.S. Securities and Exchange Commission.

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.

Insurance and Corporate Vigilance Against Cyber Breaches: 5 Steps to Take in the Absence of Cross-Industry Protocols

Kimberly E. Diamond and Paul M. Gelb | March 23, 2018

Despite the lack of bright-line procedures, there are five risk reduction measures a company may consider implementing to reduce its potential exposure to cyber breaches, strengthen its security protocols, and have some degree of protection in place in the event a lawsuit for a cybersecurity breach ensues.

Corporate Counsel Taking Lead Role in Employing Technology

Rob MacAdam, HighQ | March 22, 2018

As technology continues to act as a change agent in the legal industry, the nation's leading corporate legal departments are showing no hesitance in embracing…

The Six Data Privacy Principles of the GDPR

Amy Lewis | March 22, 2018

Data privacy and personal data breaches have been in the news a lot recently. Over the past few years, companies have been collecting and processing ever-increasing…

Building Diverse Law Departments Takes Structure, Culture and Effort

Kimberly Leach Johnson | March 19, 2018

The progress of women in the law, as measured by the ratio of female law-firm partners, is alarming. Only about 20 percent of partners are female, and far fewer are female racial or ethnic minorities. But there are certainly bright spots—women who shook off our industry’s sluggish advance to show a path forward.

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.

Analysis

SEC Issues Cybersecurity Guidance to Public Companies

Paul Helms | March 14, 2018

A majority of large public companies currently use risk factor disclosures to highlight cybersecurity risks. In the Commission’s view, this approach may be insufficient.

Work Product Protection for Legal Finance

Andrew Cohen | March 14, 2018

Over the past three years, the law has even more strongly reinforced the protection under the work product doctrine of documents created in connection with litigation finance, or produced to litigation finance providers over the course of diligence and investment.

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.

Analysis

No-Deal Brexit: Where Are Your Contingency Plans? Diverse Approaches and a Helpful Checklist

E. Leigh Dance | March 06, 2018

When we gathered General Counsel from 18 global companies around a table in London to talk Brexit plans a few weeks ago, the group took no time to zone in on their top two interests.

Analysis

SEC Expands Cybersecurity Guidance: All Public Companies Must Take Note

Matthew G. White | March 06, 2018

On Feb. 21, the SEC issued interpretive guidance to public companies, informing them on how and when to disclose actual and potential cybersecurity-related risks, breaches or incidents.

Best Practices

10 Tips for the New GC Hired From Outside

Mike Evers | March 05, 2018

Congratulations! You have just been hired as the new general counsel of Awesome, Inc. You are new to the company, the CEO is excited to have you on her team, and so you are starting the job with a healthy amount of political capital.

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.

Is Contract Consulting the Future of Privacy?

Jared Coseglia | March 01, 2018

Privacy as a profession is here to stay. Over the last year, privacy has been in the spotlight like never before for corporate decision-makers.

Navigating the Legal Complexities of a Digital Health Transaction

Kristopher Brown | February 28, 2018

Whatever the long-term future for life sciences, in house lawyers and their business counterparts as well as outside advisors who are able to navigate the convergence of business and legal issues surrounding the life sciences and technology industries will have a competitive advantage over those who ignore the parallel convergences that are taking place, continuing to focus instead on life sciences and technology as distinct and separate fields.

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.

Navigating the #MeToo World: Practical Advice for Corporate Board Members and Executives

Alison B. Marshall and Deborah A. Sudbury | February 27, 2018

Executives and Corporate Boards in every industry are grappling with the explosion of sexual harassment complaints seemingly triggered by the claims against Harvey Weinstein. If your organization has not yet experienced a #MeToo type claim, now is not the time to be complacent or self-congratulatory.

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

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.

Five Ways Litigation Funders Help Companies Fight Back Against Bad Actors

David J. Kerstein | February 21, 2018

Litigation funders are emerging as vital partners for companies, with the resources they provide affording funded parties significant leverage in commercial disputes.

Adapt or Die: The Changing Role of Corporate Counselors

Erin Wiggins | February 20, 2018

What can automotive industry legal leaders do to protect their organizations from patent trolls that want only to profit from broad ranging suits that are about payouts and payoffs—a “cost of business” that has given other industries nothing but grief and expense? Adapt and prepare.

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.

Commentary

Tips on Transforming a Legal Career From Inside-Out

Steven P. Seltzer | February 09, 2018

While the legal industry has undergone dramatic shifts and changes in recent times, it is still not a very common occurrence to find a long-time inside counsel making the leap into the world of outside law firms.

Compliance Hurts—ERISA and IRS Penalties Will Hurt Worse

Christina M. Crockett | February 08, 2018

Just after the New Year, the United States Department of Labor (DOL) issued a final rule increasing ERISA’s noncompliance penalties.

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.

Commentary

Corporate Risks Impacting Legal in 2018

Abbott Martin | February 05, 2018

Changes in corporate technology, regulation and consumer preferences are interacting to reshape markets at increasing speed. For legal and compliance executives, this means managing new-to-world risks at an accelerated pace and with heightened business client expectations.

What Makes an In-House Career Satisfying? It's Not About the Money

Mike Evers | February 02, 2018

Compensation matters. But while everyone knows that a select group of general counsel are paid handsomely, the fact remains that “BigLaw” law firm attorneys make more versus most of their experience-level counterparts in-house.

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.

Should Technology Companies Arbitrate?

Cedric Chao and Teale Toweill | January 30, 2018

Take a look at seven considerations for technology companies when deciding between litigation and arbitration.

Key Tips on Handling a Difficult Lawsuit When It Comes to Malpractice

Vicki Haskett | January 29, 2018

Here are some key tips that may help you prove your claim and win your medical malpractice lawsuit.