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.

Webcast

Unlocking Online Reviews: How to Manage, Generate & Improve Law Firm Reviews

ALM Marketing Services | July 18, 2018

Date: Thursday, August 16, 2018 Time:  2 p.m. EDT / 11 a.m. PDT Cost: Complimentary Sponsored by:                 In…

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.

Video

Litigation Financing: Separating Fact From Fiction

Craig Mills| July 12, 2018

Legal Innovators Interview Series features David Kerstein from Bentham IMF.

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

A New Kind of General Counsel Innovator

E. Leigh Dance| July 09, 2018

General counsel are advocating on important issues for their organization’s stakeholders, with a far broader scope than legal.

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.

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.

Webcast

2018 State of Corporate Ediscovery Survey Report

ALM Marketing Services | June 25, 2018

Wednesday, August 1, 2018 | 2:00 pm EST / 11:00 am PST Sponsored by:       How is in-house ediscovery being conducted in…

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.

Commentary

National Variations Further Fragment GDPR

Jan Dhont and Lauren Cuyvers| June 20, 2018

As long as the legal landscape is unfolding, supervisory authorities will hold off from the kinds of “true” enforcement action possible only under settled legal frameworks.

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.

How US Companies Can Prepare for New Foreign Investment Rules

Priya R. Aiyar| June 18, 2018

Companies should be prepared for restrictions on Chinese investment and export of technology to Chinese persons to come into force prior to or alongside the passage of any legislation as part of the administration’s response to China on trade issues.

Expert Opinion

Stay or Go: Reading the Tea Leaves of a CEO Transition as General Counsel

Lee Udelsman and Ryan Whitacre| June 18, 2018

Leadership transitions put employees on edge, and for good reason: a new chief executive officer means that everyone in the company is once again auditioning for their job.

Expert Opinion

Mastering Legal Holds: What Is the Scope of Preservation and Best Practices to Comply? Part III

John Tredennick| June 14, 2018

When a legal hold duty arises, an organization must decide what to preserve and how to do it.

Commentary

Better Information Governance Means Better E-Discovery Outcomes—Part III: Practical Approaches to IG

Yodi S. Hailemariam and Amy Ramsey Marcos| June 13, 2018

In Part III, we explore practical approaches to establishing an information governance framework, including an overview of three IG projects that benefit e-discovery.

Commentary

What You Need to Know About the European Trade Secrets Directive

Peter Lando and Thomas McNulty| June 12, 2018

Companies doing business in Europe or with European entities should understand the new protections afforded trade secrets in Europe, as well as which countries are in compliance and which have not yet made the necessary changes.

Corporate Dating Policies: Thoughts on Balancing Employee Bliss With Employer Interests

Daniel K. Wiig| June 12, 2018

Corporate counsel, in conjunction with human resources management (HRM), should consider drafting and implementing a balanced dating policy that both respects the employee’s personal lives yet protects the employer’s interests in avoiding touchy personnel matters.

Expert Opinion

Largest, Most Pedigreed Firms Underperform on Service Quality Compared to Other Firms

Firoz Dattu and Aaron Kotok| June 12, 2018

AdvanceLaw offers its second major finding out of its GC Thought Leaders Experiment.

Avoiding the Next Wireless Patent War

Joseph Siino| June 08, 2018

Joseph Siino presents a three-pronged plan for ending the wireless patent wars and creating a more productive and less litigious patent licensing sector.

Analysis

The Rise of the 'Crypto Czar,' the Fall of a 'Blockchain Evangelist'

DEBORAH MESHULAM, BENJAMIN KLEIN AND RICHARD KELLEY| June 07, 2018

The cryptocurrency enforcement landscape continues to evolve with several important developments this past week, including the appointment of a “Crypto…

How to Improve In-House Effectiveness

Abbott Martin| June 07, 2018

Boosting department effectiveness doesn’t require huge investments in new systems, but instead a leadership and management focus that weighs the creation of system capacity as much as it does the priority matter sitting on your desk.

Expert Opinion

Safeguarding Your Company: Obtaining Recovery for Antitrust Violations

Cindy Caranella Kelly and Sarah Gibbs Leivick| June 06, 2018

There are circumstances where litigation may not necessarily be the optimal strategy for obtaining appropriate redress and recovering damages caused by collusion.

Join Hundreds of the Most Prominent Women in Law at WIPL

Heather Nevitt | June 06, 2018

Come join us at our annual Women, Influence & Power in Law (WIPL) conference taking place on Oct. 4-5, 2018 at the Renaissance Washington, DC Downtown hotel.

News

LinkedIn's Caroline Goulding Will Be Company's Data Protection Officer Under GDPR

Caroline Spiezio | June 05, 2018

Goulding will return to her home country of Ireland, where she will help ensure that LinkedIn stays complaint with the General Data Protection Regulation.

News

Beyond CLO: Nokia's Maria Varsellona Adds Role as President of Company's Tech, Licensing Business

Caroline Spiezio | June 05, 2018

The Finnish company has bumped its CLO up, giving Varsellona new executive responsibilities.

Taking Company Documents to Support Whistleblowing— When Is 'Self Help' Unlawful?

Kevin Griffith and Ed Ellis| June 05, 2018

Even as federal protections for whistleblowers have expanded, employers can still take strategic actions to address employees taking confidential and proprietary business information to provide to a governmental agency or for use in a whistleblower action.

News

In-House Counsel's Gender Discrimination Suit Claims Company Fired Her Over 'Family Status'

Robert Storace | June 05, 2018

Attorney Erin Ryan filed a federal gender discrimination lawsuit against MDC, alleging the agency fired her after she returned from maternity leave.

Expert Opinion

GCs: How to Manage New Hire Expectations

Mike Evers| June 05, 2018

The results from the 2018 Career Satisfaction survey for in-house counsel make it abundantly clear that most of you crave upward mobility.

Crafting Arbitration Clauses: How Specificity Reduces Dispute Time & Costs

ALM Marketing Services | June 05, 2018

When drafting arbitration clauses, specificity matters. The last thing you want is a disagreement over the provision itself. That would defeat the purpose of the arbitration, and result in litigating the meaning of the clause.

Commentary

The Power of an Idea

Frank Ramos| June 04, 2018

If you can create an environment in your legal department where ideas are born, germinate, grow and flourish, you will create a legal department that solves not only legal problems, but business problems, sales problems, customer problems and every company problem imaginable.

Commentary

Prepared for the Hack: Demystifying Cybersecurity for Corporate Executives

Lynn Haaland and Paul Rosen| May 31, 2018

Many executives are less comfortable confronting cybersecurity risks than they might be with other corporate issues.

Commentary

Tips for Running a Successful Foreign Language Document Review: It’s Not All Greek

Maureen Murchie| May 30, 2018

The ability to manage a successful FLDR in an increasingly global social system can be tricky.

Commentary

Cloud Technologies in Legal: Do More, Spend Less

Andy Wilson| May 29, 2018

New technologies are helping corporate legal teams meet the challenge of doing more with less, and cloud-based software is one of the leading tools.

News

Bellicum Pharmaceuticals Announces New GC

Dan Clark | May 29, 2018

The Houston-based pharmaceutical company announced that Shane Ward will become the company’s general counsel and corporate secretary.

Expert Opinion

Better Information Governance Means Better E-Discovery Outcomes—Part II: Components of Information Governance That Support Consistency in E-Discovery

Yodi S. Hailemariam and Amy Ramsey Marcos| May 29, 2018

In Part II, we explore how several core components of an information governance program can foster consistent e-discovery practices, with an explanation of how the changes to FRCP 37(e) make sanctions less likely in the face of demonstrated IG efforts.

Commentary

The One Thing Missing From Most CLM Platforms 

Monica Zent| May 29, 2018

CLMs should be more than just a repository for contracts; they should also provide a means for attorneys and business teams to collaboratively negotiate contracts.

Expert Opinion

General Counsel Need to Seek Flat Fees More, Research Finds

Aaron Kotok and Michael Williams| May 24, 2018

In the first key finding of its GC Thought Leaders Experiment, AdvanceLaw assesses whether flat fees generate better or worse law firm performance on legal matters than do hourly fees.

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.

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

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.

Slideshow

16 Legal Tech Movers We've Watched in 2018

Ian Lopez | May 10, 2018

A look at some of the biggest legal tech career moves in 2018.

You Need to Network Like Your Life Depends on It—and Other Reflections on Founding a Start Up as a Lawyer

Ben White| May 09, 2018

As the traditional legal career path evolves into more of a career “zig zag,” an increasing number of lawyers, like me, are finding themselves pursuing…

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.

Sourcing Your Next Great Hire

Mike Evers| May 03, 2018

Every general counsel understands the importance of hiring the right people. Take your time. And do your best to take control of the process.

News

Liberty Mutual's Counsel Inadvertently Copies Opposing Side on 'Distasteful' Email

Robert Storace | May 01, 2018

Isabel Del Vecchio said she was floored when her professional ethics were questioned by a fellow attorney. Emails detailed the alleged unprofessional behavior.

Analysis

Can Driverless Compliance Programs Be Effective? One CECO’s Perspective on AI

Daniel Trujillo| May 01, 2018

Our building blocks are: leadership, risk assessment, standards, training, awareness and monitoring. How a company executes these building blocks is the complicated part.

Analysis

Can Driverless Compliance Programs Be Effective? One CECO’s Perspective on AI

Daniel Trujillo| May 01, 2018

Our building blocks are: leadership, risk assessment, standards, training, awareness and monitoring. How a company executes these building blocks is the complicated part.

#MeToo and the Male Business Executive: A Call For Proactive Leadership

Todd A. Leeson| April 27, 2018

Picture an upscale steakhouse in a bustling downtown of a mid-size southern city—a swanky joint where every night hundreds of patrons happily pay $50+…

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.

The Rise of the In-House Legal Counsel Role in China

Jack McDouall| April 25, 2018

From bureaucracy to cultural differences, the challenges of operating in China are well known. In order to stay competitive and address the global needs of customers, both Chinese businesses and foreign companies operating in China are rushing to develop sophisticated corporate legal departments.

Mastering Legal Holds: Best Practices for Legal Professionals

John Tredennick| April 24, 2018

This three-part series will provide a primer on the duties surrounding legal holds and preservation and offer tips on how to fulfill your responsibilities as a legal hold administrator. It is written for legal and IT professionals who want to learn best practices for effectively managing and implementing legal holds. This first article focuses on key steps to consider in implementing the hold.

Webcast

EDiscovery Lessons from Case Law About Spoliation

Sponsored by: Zapproved| April 23, 2018

[ON-DEMAND] Sponsored by:       Keeping up with case law is challenging. New opinions come out every day, and they’re…

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…

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.

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

Inspirational Quotes From Four Top Women Lawyers at Walmart

Sue Reisinger | April 12, 2018

The women lawyers of Walmart Inc. are as diverse as America’s population, and maybe more so.

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.

News

Illinois Biometric Privacy Law—and Effort to Carve Out Exceptions—Gets Moment in Spotlight at Facebook Hearing

Ross Todd | April 10, 2018

Business interests are aiming to roll back portions of an Illinois law meant to protect biometric identifiers such as fingerprints and facial structure.

Commentary

After the Driverless Fatality, Insurance and Litigation Will Be Forever Changed

Randy Maniloff| April 10, 2018

Unlike an inconsequential glitch with your office computer, in the case of driverless cars it's control, alt and someone’s life is deleted.

Better Information Governance Means Better E-Discovery Outcomes—Part I: E-Discovery in the Big Data Era

Yodi S. Hailemariam and Amy Ramsey Marcos| April 09, 2018

Part I of this series will provide an introduction to the current e-discovery landscape, a summary of key 2015 amendments to the Federal Rules of Civil Procedure (FRCP), and an overview of core information governance principles.

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.

Hey, GCs -Still Not Sleeping? Tell Us Why in Our Latest "Up at Night" Survey

corpcounsel | April 04, 2018

Wave 3 of the General Counsel Up At Night Index Survey will dive into GC challenges such as privacy, data security, regulation and enforcement, risk and crisis management, and intellectual property.

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.

Webcast

Measuring the Financial Impact of eDiscovery Software

Sponsored By: Zapproved| March 30, 2018

[ON-DEMAND] Join this webinar and get real-life insights, from case study examples, to help you break down the value and make the business case to leaders at your own organization.

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.

Q&A

'Half-Assed Innovation': Do Law Firms Need to Change Incentives to Innovate?

Ian Lopez | March 26, 2018

Former Littler Analytics leader Zev Eigen likens common law firm innovation structure to "a horse-and-buggy company" trying to design cars.

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.

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…

Call for Nominations: National Women in Law Awards 2018

Pearl Wu | March 21, 2018

Corporate Counsel and InsideCounsel are seeking nominations for candidates for its upcoming National Women in Law Awards, which honors general counsel,…

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.

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

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.

News

AI Finding Favor in Legal Industry, but Adoption Lags

Gabrielle Orum Hernández | March 01, 2018

A study by e-discovery services company Consilio found that 93 percent of legal professionals saw value in AI, but some significant barriers to adoption remain.

News

In-House Counsel Poll Finds a Quarter Have Used Litigation Finance—Mainly in Tech

Ben Hancock | February 28, 2018

The survey also showed that corporate legal departments often drive the decision to use third-party funders, but that many in-house lawyers have ethical reservations.

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.