From the Experts

Expert Opinion

An Introduction to the Risks of AI for General Counsel

Robert Kantner and Carl Kukkonen | October 11, 2018

This article aims to assist general counsels in evaluating the risks posed by artificial intelligence with respect to their company by providing a working definition of artificial intelligence and means commonly employed to achieve it, by describing particular technical challenges posed by artificial intelligence and by identifying key questions general counsel should be able to answer about their company’s reliance upon artificial intelligence.

Commentary

Five Ways to Cut Your Anti-Corruption Due Diligence Costs in Half

Ryan McConnell and Stephanie Bustamante | October 08, 2018

The key to an efficient and effective process is simplicity, a risk-based approach, and adequate documentation.

My Networking Diet

Mike Evers | October 08, 2018

Here is a tip for your own one-on-one networking, whether you are in job search mode or simply doing a great proactive job of building peer relationships: polite persistence.

State of the Legal Function: Budgeting and Planning for 2019

Abbott Martin | October 02, 2018

To help guide in-house budgeting decisions, it’s important to take a step back and consider some of the fundamental ways legal departments are—or are not—changing and what that means for investment decisions.

Expert Opinion

Add Rocket Science to Your Risk Assessment With NASA Process

Ryan McConnell and Meagan Baker | October 01, 2018

Programs just don’t work without the right talent. Smart compliance leaders get that. Once companies figure out the people piece (which is not easy), evaluating the risk environment and regulatory requirements helps companies develop programs to address those areas across different subject matters and business units.

News

In Choosing Counsel, Express Scripts Seeks the Right Fit

Dan Clark | October 01, 2018

GC Julia Brncic says the selection process is all about "identifying the right expertise."

What Every General Counsel Needs to Know About the Intelligence Cycle

Jarrett Wolf | September 28, 2018

Because general counsel are involved in the megadeals, allegations of wrongdoing, and bet-the-company litigation that carry the greatest exposure for the company, general counsel need to understand intelligence investigations and the use of the intelligence cycle.

Commentary

Too Much Confidence in Your Confidentiality Agreements—Concern Over the Commoditization of NDAs

 Keith F. Noe and Peter Lando | September 28, 2018

In recent years many companies have turned to standard “form” contracts for common business arrangements such as nondisclosure/confidentiality agreements (generically referred to as NDAs).

Commentary

An Open Letter to Full-Service Law Firms: Put In-House Lawyers Out of Business

Noel Elfant | September 27, 2018

Dear full service law firms: This is an intervention. I am concerned about your health. I am a general counsel, an in-house lawyer. If you want to stay viable, put me out of business. That is, give your clients a reason not to hire me. This is not a joke. Hear me out.

Expert Opinion

Social Media's Presence in Litigation

Brian Schrader | September 26, 2018

With billions of active accounts across multiple social media channels, including Facebook, Instagram, Twitter, Snapchat, LinkedIn and more, user-generated content is being generated at an amazing pace.

Practice What You Preach: Why Ethical Policies Are Good for Business

Alex Herd | September 21, 2018

The failings of the Catholic Church and other similar institutions offer lessons not just for religious organizations, but any organization faced with issues that could result in potential scandal.

News

Experts: Trade War Will Not Push China to Enforce Intellectual Property Laws

Dan Clark | September 21, 2018

President Donald Trump’s announcement of an additional $200 billion in tariffs on Chinese products has been viewed as a way to pressure the Chinese government to crack down on intellectual property theft but legal experts who have worked in China are skeptical of the strategy.

Analysis

The Big Idea for Ethics and Compliance

Ryan McConnell and Stephanie Bustamante | September 20, 2018

Compliance programs have to aim to help the business shake the world by helping shape the culture of the business. And to do that, they need both the support of business leadership and compliance professionals to develop the program around the business strategy. If the business sees compliance speaking the language of the business, the program seems less about being a compliance program and more of just a way of the business working.

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.

Commentary

Fourth-Quarter 2018 Workplace Privacy Update

Kwabena A. Appenteng | September 13, 2018

This article focuses on three more developments that privacy lawyers and employment counsel should be aware of heading into the final months of 2018.

Commentary

Insight Into Cybersecurity Regulations Is Critical for Today’s Board Members

Drew Bagley | September 12, 2018

Recent regulatory developments make it clear that cybersecurity is a board-level issue, intimately tied to the stewardship and overall risk profile of an organization.

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.

Commentary

Law Department Talent Pipeline: Evolving?

Mike Evers | September 10, 2018

This generation of law students is more keenly aware of practice options other than law firms, and some of the better students are reluctant to follow the traditional path even when it’s available to them.

Commentary

Global In-House: 7 Areas to Study and Act on This Fall

E. Leigh Dance | September 07, 2018

These seven study areas, from Brexit prep to strengthening your peer network, are geared for legal leaders in global companies. But most also apply to all corporate counsel. Pick a few to learn about and address before year-end.

Commentary

Why Would Big Tech Companies Give Away Free Patents?

Ken Seddon | September 04, 2018

Though we live in a world where we’re trained to suspect anything that’s given away for free, there are valid and self-preserving reasons for tech companies to give away patents for free.

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.

Commentary

5 Things Every GC Should Know About Their IT Environment

Megan Scheiderer | August 23, 2018

Understanding why you need to know about your IT environment should escalate this education toward the top of your to-do list.

Commentary

Our CEO Is an Accused Harasser. Now What?

Jen Rubin | August 21, 2018

An accused CEO should stand in the same shoes as any other employee in this regard—the difference is the involvement of the board, perhaps a heightened degree of confidentiality, and the organization’s choice of investigator to represent the organization or conduct the investigation, or both.

Commentary

Lessons From Recent Developments on US-China Trade

Priya R. Aiyar | August 20, 2018

With the threat of a veto for any restriction on presidential power, it appears unlikely that the trade war will be resolved legislatively. Nor is a judicial stop to the escalation likely.

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.

News

The Reviews Are in: EY's Acquisition of Riverview Law Has Grabbed Legal Departments' Attention

Dan Clark | August 10, 2018

Asked about EY's latest move into the legal market, one GC said the idea of having legal service providers only owned and operated by lawyers is "narrow-minded and dated."

News

As the Business Evolves, so Does Legal: a Q&A With Vonage's Randy Rutherford

Dan Clark | August 09, 2018

Rutherford shared his views with Corporate Counsel about the rise of AI and the big shift that's taken place in his own law department, among other topics.

Commentary

A Need for Lawyers With Empathy

Alexander C. Gavis and Mark E. Young | August 07, 2018

There is an opportunity—and a need—for lawyers to be better listeners, a skill not typically honed in law school and developed during the course of one’s career.

Agile Compliance Enabling Innovation at Walmart.com

Lance Lanciault | August 07, 2018

Your compliance program should look ahead for potential issues, writes Lance Lanciault, SVP and chief ethics and compliance officer for Walmart eCommerce.

Commentary

Patent Portfolio Management: Finding the Right Balance of Quantity vs. Quality

Martin Bijman | August 06, 2018

In order to address both quantity and quality, IP teams undertake a range of activities, which can be done simultaneously.

Commentary

Find a Truth Teller

Mike Evers | August 06, 2018

The most honest and helpful constructive criticism often comes from mentors, friends and outside resources (including recruiters!), people who only want success and happiness for you.

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.

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.

Commentary

More Women Than Ever Before in General Counsel Role at Fortune 500 Cos.

Cynthia Dow, Russell Reynolds Associates | July 25, 2018

Alongside improvements to the candidate pool, the increased focus on diversity and inclusion means we are set to see a continuation of the trend of women being hired into the top legal job.

Commentary

What’s Next for Employers, Post 'Epic Systems'?

Noah J. Hanft | July 24, 2018

In the absence of legislative certainty, and facing suspicion from the #MeToo movement and the “court of public opinion,” this is a unique opportunity for companies to consider utilizing flexible and creative approaches to address these issues in a way that favorably resonates with their stakeholders.

Commentary

Attention Legal Industry Decision-Makers: Before You Spend on Legal Tech, Read This

Monica Zent, CEO of Foxwordy, founder of ZentLaw | July 23, 2018

Monica Zent lists six steps that can limit the odds of overspending or buying the wrong technology for legal departments and law firms.

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

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

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.

How a Savvy IP Strategy Helps Startups Focus on Growth

Michael A. Nicolas | June 25, 2018

Cutting-edge inventions require robust patent protection and, when those patents are infringed, aggressive defense. But for growth-stage companies, setting aside millions for legal costs is all but impossible.

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.