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

ALM Marketing Services | April 23, 2018

Live Event: Wednesday, May 23, 2018 at 2 pm ET/11 am PT  Sponsored by:       Keeping up with case law is challenging. New…

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 social…

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

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.

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

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.

The Importance of Knowing Your Industry and Business Leadership

Craig Mills| February 28, 2018

As part of the Legal Innovators Interview Series, Craig Mills, a shareholder and co-chair of the Litigation section at Buchanan Ingersoll & Rooney, talks to Janet Lee, general counsel at ANSYS.

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

How Long Should a GC Stay at the Same Company in Today's Market?

Julie Brush| February 26, 2018

Many professionals view the role of general counsel/chief legal officer as the top legal spot in the in house world. It is a “goal achieved”—through years of hard work and career navigation. And it’s a legal position unique to any other… and is viewed as such by employers

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.

LinkedIn GC Michael Callahan Leaving to Become Stanford 'Rock Star'

Sue Reisinger | February 21, 2018

Callahan, a seasoned Silicon Valley attorney, is slated to start his new gig at Stanford later this year.

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.

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.

Expert Opinion

Protecting Company Information From Disloyal Employees

Rasha Gerges Shields| January 24, 2018

In the era of telecommuting and daily cyberbreaches, companies face an ever-increasing challenge protecting their data from improper disclosures. Although many companies have invested in technology that protects them (to a certain extent) from outside intruders, these technological advancements do very little to stop the insider threat—disloyal and disgruntled employees.

Commentary

Sexual Harassment Settlements With Nondisclosure Agreement No Longer Deductible

 Marvin A. Kirsner| January 23, 2018

The new Tax Cuts and Jobs Act adds a provision to the tax code which disallows a deduction for amounts paid to settle a sexual harassment or abuse claim if that settlement includes a nondisclosure agreement. Section 162(q) to the Internal Revenue Code now disallows a deduction for any payment “related to sexual harassment or abuse if such settlement or payment is subject to a nondisclosure agreement.”

News

Growing Biotech Hires New GC

Kristen Rasmussen | January 22, 2018

South San Francisco-based MyoKardia Inc. has hired Cynthia Ladd as general counsel. Ladd has held high-ranking in-house positions at various biopharmaceutical companies.

Skin in the Game – How to Reach Appropriate Fee Agreements

Dan Panitz| January 19, 2018

Tax law changes notwithstanding, corporate counsel waiting for a corporate blank check on spend may be holding their breath for some time.

Voluntary Self-Disclosure of Sanctions Violations: How It Works in the US (Part 2)

Matt Bell and Mike Casey| January 19, 2018

In the first part of this article, we examined the counterintuitive nature of self-reporting sanctions violations, the penalties that sanctions violators face in the United Kingdom and the United States, and the U.K.’s self-disclosure framework. In part two, we analyze how the self-reporting regime functions in the United States.

7-Eleven Raids Portend 24-7 ICE Enforcement

Ryan McConnell and Stephanie Bustamante| January 19, 2018

This week, Immigration and Customs Enforcement (ICE) served a hundred 7-Eleven stores nationwide with notices of inspection and detained twenty-one undocumented workers. ICE will require the 7-Eleven stores to produce documents showing 7-Eleven required work authorizations from their employees.

Expert Opinion

Voluntary Self-Disclosure of Sanctions Violations: Frameworks and Considerations in the US, UK (Part I)

Matt Bell and Mike Casey| January 18, 2018

The concept of voluntarily self-disclosing sanctions violations is somewhat counterintuitive because it does not comport with our everyday notions of law enforcement. When people do things they are not supposed to do, they usually do not volunteer that information to the government agency responsible for punishing such misconduct.

Lead and Sustain Change by Demonstrating Performance: 8 Tips

E. Leigh Dance| January 18, 2018

This GLOBAL IN-HOUSE column addresses the next step in leading and sustaining change in your legal function. To inspire your team and your stakeholders to and embrace change and support new initiatives, you must demonstrate performance. Here’s how to make it happen.

News

Three Emerging Technologies with the Biggest Data Security Risks

Amanda Ciccatelli| January 16, 2018

From the rise of cloud-based data in the past decade to the more recent surge of personal devices on business networks, vulnerabilities are everywhere. Today,…

News

Intel CEO Sold Stock Before Disclosing Security Flaw. What Happens Next?

Amanda Ciccatelli| January 16, 2018

Intel recently disclosed security flaws in its widely-used microprocessors that could allow hackers to steal sensitive information from computers, phones…

Commentary

Three Ways Automated Legal Hold Can Revamp Legal Spend in 2018

Alon Israely| January 16, 2018

There’s no question that litigation costs loom among the top concerns currently bogging down companies. In fact, anywhere from 20 to 50 percent of a corporation’s legal spend is earmarked for litigation and e-discovery costs.

Analysis

Targeted: Companies Face Emerging Regulatory and Cybersecurity Threats in 2018

Michelle Reed and Lauren York| January 16, 2018

Following a year where companies were targeted in breaches that compromised personal information of more than half of the U.S. population, regulators are moving away from voluntary cybersecurity compliance to comprehensive regulation and enforcement.

News

The Role of Technology in Sexual Harassment

Amanda Ciccatelli| January 12, 2018

Many companies are using social media, shared calendars and instant messaging services to connect employees, but with this technology comes an increased…

Happy New Year California! Recreational Cannabis Is Here, and So Are Five Branding Issues to Keep in Mind

Diana Rutowski and Scott Lonardo| January 12, 2018

Recreational cannabis is now legal in several states, including California as of Jan. 1, 2018, so how will cannabis products be identified and distinguished? Like anything else, by their brands. Here are some key issues to keep in mind as the cannabis industry continues to grow.

Analysis

The only way is ethics: Why sticking to the rules is no longer good enough (And how behavioral science can help you to do the right thing)

Octavius Black, CEO Mind Gym| January 11, 2018

As scrutiny for bad behavior gets stronger, we should look to the processes businesses have created to prevent it.

News

The Impact of Tax Law Reform on People and Businesses in 2018

Amanda Ciccatelli| January 11, 2018

Tax reform will have extensive impact on the business climate in the near and long term, with companies focused on navigating many changes and nuances,…

News

U.S. Needs New Approach to Commercial Counterintelligence

Amanda Ciccatelli| January 11, 2018

The U.S. is in the crosshairs of foreign competitors and intelligence services seeking to obtain valuable knowledge and other intellectual property,…

Nina Macpherson, Senior Vice President, Chief Legal Officer and Head of Legal Affairs of Ericsson

—ED SILVERSTEIN| January 11, 2018

NINA MACPHERSON IS SENIOR VICE PRESIDENT AND CHIEF LEGAL officer for Ericsson, a global telecom company based in Stockholm. Macpherson came to the…

Inside Track: So Long, Website Accessibility | Be Wise on Social Media | Protect Your Privilege

Jennifer Williams-Alvarez | January 10, 2018

The DOJ has backed off plans to address website accessibility. Plus, a new GC at Hallmark and practical advice on preserving attorney-client privilege.

Analysis

In-house Lawyers and Corporate IT Can Collaborate to Prevent Internal Data Breaches

Karen Cummings| January 10, 2018

Inside counsel must ensure that sensitive data and documents are not transmitted outside the company unless authorized; the IT department can help.

News

The Legal Side of Cybersecurity and GDPR

Amanda Ciccatelli| January 09, 2018

As we begin 2018, there are two key issues that are top of mind for legal professionals right now--cybersecurity and the General Data Protection Regulation…

Commentary

Monetizing IoT Data Without Driving Away Your Customers

Rachel Erdman and Kenie Ho| January 09, 2018

Recent cases highlight three common strategies companies should consider when monetizing consumer data: (1) disclose data collection and usage in the Terms of Service (ToS), (2) adequately protect user data, and (3) promote clear user benefits from the data collected.

News

Risk Mitigation Tips for Foreign Retailers Rolling Out New Products in the U.S.

Amanda Ciccatelli| January 08, 2018

Today, when a foreign retailer plans to roll out new products in the United States, there are some major legal risks that they may they encounter.…

News

How GDPR Will Transform Global Commerce

Amanda Ciccatelli| January 08, 2018

Currently, we stand between two paradigms in the regulation and preservation of privacy. The U.S., as host to some of the world’s biggest tech…

Analysis

Tips from GCs to Aspiring GCs

Mike Evers| January 08, 2018

Nothing beats hearing directly from successful professionals who have been where you want to go.

News

Top Cyber Risks Businesses Should Prepare for in 2018

Amanda Ciccatelli| January 05, 2018

This year’s top six cyber risks for businesses, according to The Chertoff Group principal Adam Isles, include: increase in destructive attacks targeting…

Commentary

Password-Sharing May Be a Federal Crime Under the Muddied Waters of the CFAA

Shain Khoshbin and Aaron Dilbeck| January 05, 2018

The Computer Fraud and Abuse Act (CFAA) is a federal statute that provides for not only criminal liability, but also civil liability, when a person…

News

Supreme Court Preview: United States v. Microsoft 

Amanda Ciccatelli| January 04, 2018

This year, the Supreme Court will hear the United States v. Microsoft case, concerning the reach of search warrants to overseas data. The justices…

News

Racing to Fix Security Flaws, Intel Hit With First Class Action

Ross Todd | January 04, 2018

As the company scrambles to patch vulnerabilities that affect processors used widely throughout the computer industry, it faces at least one class action lawsuit and the prospect of more.

News

Hallmark Sends Greetings to New GC Jill Marchant

Stephanie Forshee | January 04, 2018

Marchant is a veteran of the legal departments at Farm Credit Mid-America, Texas Roadhouse and other companies.

News

In FCPA Case, In-House Lawyer Wishes He Had Quit Over Bribes

Sue Reisinger | January 04, 2018

Jeffery Chow, who worked 25 years in Keppel Offshore & Marine Ltd.’s legal department, cooperated with the DOJ in its case in federal district court in Brooklyn against Singapore-based Keppel and its wholly owned U.S. subsidiary as part of a plea agreement. His plea deal and a transcript of his hearing remarks were unsealed on Dec. 22, the same day Keppel settled its FCPA case with the U.S., Singapore and Brazil for over $422 million.

News

Can Employees Tell the Difference Between a Phishing Email and a Normal Email?

Amanda Ciccatelli| January 04, 2018

Did you know that the average large company loses $3.7 million every single year to phishing attacks? When an email attack reaches an employee’s…

News

Sharecare Names Ami Patel as New Chief Legal and Compliance Officer

Kristen Rasmussen | January 03, 2018

Atlanta-based digital health care company Sharecare has hired Ami Patel, a long-time in-house attorney at McKesson Corp. in San Francisco, as its new chief legal and compliance officer.

News

$38M Fee Request in Anthem Data Breach Settlement Under Scrutiny

Amanda Bronstad | January 03, 2018

An objection says the fee request, which is 33 percent of the $115 million settlement, was “outrageous on its face” and should be closer to $13.8 million.

News

XO Group Appoints Jeffrey Yin GC

Stephanie Forshee | January 03, 2018

Jeffrey Yin has been named general counsel for XO Group Inc.

News

Pinkston Joins CoreLogic Inc. as Chief Legal Officer

Sue Reisinger | January 03, 2018

Veteran in-house counsel Arnold Pinkston began work this week as the new chief legal officer at CoreLogic Inc., an Irvine, California-based property and data technology company.

News

Why Legal and Financial Services Firms Get Stuck Paying Ransom to Hackers

Amanda Ciccatelli| January 03, 2018

As of late, ransomware has been making headlines again, most recently with the WannaCry malware. The computer code encrypts files on computers, making…

News

The Top Cybersecurity Concerns for In-House Counsel in 2018

Jennifer Williams-Alvarez | January 02, 2018

With in-house counsel shouldering more responsibility when it comes to breaches, and even taking the fall in some cases, one certainty is that cybersecurity will be top of mind for companies and their in-house counsel in 2018.