By Edward J. Bennett, Matthew H. Blumenstein and Xiao Wang | July 25, 2017
The Anthem settlement appears to represent yet another watershed moment in data breach litigation. This is a still a relatively new and rapidly evolving field, but, as more and more of these cases are filed, several recurring battle lines have emerged through parties' arguments and judicial opinions. This article discusses two such issues—standing and class certification. It also discusses the prospect of additional clarity in this area.
By Jennifer Williams-Alvarez | July 21, 2017
New court documents show that Quinn Emanuel dropped Uber as a client last year after finding the company's fixed fee arrangements unsatisfactory.
By William R. Jenkins Jr. and Lindsey Lee Robin | July 20, 2017
A critical skill for any corporate counsel is the ability to assess which internal conversations are protected by attorney-client privilege and take steps to ensure that privilege remains unbroken. For decades, courts have used various common law tests to determine whether attorney-client privilege applies to conversations between corporate counsel and a company's former employees, such as the multi-factor analysis established by the Upjohn decision in 1981.
By Cinthia Granados Motley and Carol J. Gerner | July 20, 2017
Over the last several months there has been an onslaught of news about cyberattacks, most notably ransomware attacks involving many industries, including…
By Jennifer Williams-Alvarez | July 18, 2017
The news that a Verizon Communications vendor exposed millions of customer records highlights the serious risks related to trusting third-party vendors with company data.
By John Ansbach | July 17, 2017
More and more these days, organizations of all shapes and sizes are working hard to prepare for and defend against cybersecurity threats. And, more and more, organizations are looking to their in-house counsel—their skilled risk managers—to not only assist in those fights, but often to direct, organize and lead those efforts.
By David Ruiz | July 17, 2017
In-house attorneys at Ricoh USA recently took home an award from the ACC for a new software tool they developed with Reed Smith.
By Erin Ator Thomson and Scott Yoo | July 14, 2017
Should a patentee be able to control the future use or resale of a patented article that has entered the stream of commerce following a sale by the patentee? The Supreme Court answered that question in the negative on May 30, in Impression Products v. Lexmark International. Reversing 25 years of Federal Circuit precedent, the court held that "once a patentee decides to sell—whether on its own or through a licensee—that sale exhausts its patent rights, regardless of any post-sale restrictions the patentee purports to impose."
Corporate Counsel | Commentary
By Hugh A. Simons | July 14, 2017
As a group of GCs embark on a plan to track law firm business processes, one consultant urges them to examine their own internal hiring, too.
By Jenna Greene | July 11, 2017
Move over philosopher-kings—let's hear it for the lawyer-CEOs. A new study of publicly traded companies headed by chief executives who also have law degrees found that such companies don't get sued as often, and when they do, the consequences of litigation are less severe.
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