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Corporate Counsel

Promoting Diversity in the Business of Law Is Good for Business

Promoting diversity in the business of law is good for business—and it's the right thing to do. Increased diversity provides clear benefits to law firms and the businesses that hire them, just as in other areas of commerce; these benefits extend from decision-making and innovation to representation that aligns with the world we live and work in.
6 minute read

Corporate Counsel

Advising the Board on Technology Oversight

The new NACD Report strongly endorses focused board oversight as essential to the proper corporate application of technology. This is particularly the case given how technology trends and developments are dramatically impacting the current competitive environment.
6 minute read

Corporate Counsel

Streamlining Privilege Logging in the AI Era: Navigating Ethics and Complexities in Modern Litigation

This article addresses the strategies to mitigate burdens, navigate complexities, and leverage AI responsibly in the evolving landscape of privilege logging.
6 minute read

Corporate Counsel

The Policies That Secure an Independent Justice Department

Corporate counsel should monitor the current election discourse over proposals that would impact the long-standing independence of the Department of Justice from partisan politics. Efforts of a new administration to reduce this traditional independence could potentially impact corporate and legal strategies on many levels.
6 minute read

Corporate Counsel

Want to Get Ahead in Your Career? Find a Truth Teller

Who do you have in your professional life who will "get real" with you? Find truth tellers and invite them to offer valuable criticism. Don't wait for it to happen incidentally. Seek it out.
2 minute read

Corporate Counsel

Part II: Corporate Regulation and Deregulation after the 2024 Presidential Election

Part I of this two-part series laid out the competing visions of former President Trump and Vice President Harris for the administrative state and suggested how each might govern based on past performance and statements. We also overviewed shifts in the legal landscape that will frame executive action and judicial oversight in the next presidential administration. Here in Part II we look forward to that new administration and propose some top-level guidance for corporations and their counsel to start planning or implementing now, and then after the election, in preparation for January 20, 2025.
6 minute read

Corporate Counsel

Future Proofing Your Contracts for DORA

The EU wants to bring a harmonious, standards-based approach to regulating how financial businesses monitor resilience and avoid ICT-related risks. Up until now, cloudy guidance on how this can be achieved creates further risk. Enter DORA with its intentions to provide clarity to financial entities. This includes expanded requirements that must be incorporated into contracts between financial entities and ICT third-party providers.
7 minute read

Corporate Counsel

Going Beyond the Gut Check When Hiring

"Trusting your gut" is a litmus test that matters. You should feel good about a new hire. But don't be seduced into simply picking the most charismatic interviewee. Great interviewee does not always translate into great employee.
3 minute read

Corporate Counsel

Evaluating the Biden Administration's Business and Human Rights Agenda       

The administration has pursued a whole-of-government approach, with numerous government agencies and interagency task forces taking action across a range of issues. The list below reflects some of the most visible initiatives on a thematic level, but reflects only a fraction of the steps that the administration has taken since Biden's January 2021 inauguration.
10 minute read

Corporate Counsel

Mitigating Off-Channel Communications: A Guide for In-House Counsel and Compliance Professionals

Off-channel communications—those that occur outside of approved corporate systems—can pose a considerable challenge for regulatory compliance, data security and overall business integrity.
12 minute read

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