From the Experts

New Immigration Regulation Implements the American Competitiveness in the Twenty-First Century Act

By Andrew Greenfield |

On Jan. 17, 2017, a new immigration regulation went into effect, key provisions of which enhance an employer’s ability to hire and retain foreign workers who are in the green card queue, who have recently been laid off by a prior employer, or who face compelling circumstances requiring them to seek new employment. The regulation also expands the ways nonprofits can demonstrate they are exempt from the annual H-1B quota.

Cyber attack

What Steps Should Covered Entities, Business Associates Take to Combat Cyberthreats?

By Cinthia Granados Motley and Carol J. Gerner |

Protecting Attorney-Client Privilege with Former Employees

By William R. Jenkins Jr. and Lindsey Lee Robin |

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.

Supreme Court to Slants: “Rock On!” Trademark Ban on Offensive Trademarks Held Unconstitutional

By Erin S. Hennessy, Annie Allison and Salsabil Ahmed |

On June 19, 2017, the Supreme Court unanimously held that Section 2(a) of the Lanham Act, the provision of federal trademark law barring registration of disparaging trademarks, violates the First Amendment’s Free Speech Clause when applied to potentially disparaging or offensive trademarks.

De-risking Your Next GC Appointment: The Five Key Personality Factors for Success in the Role

By Cynthia Dow |

What differentiates GCs who will succeed in today’s unpredictable business climate from those who will not? In addition to the traditional considerations of skill set and motivation, five personality factors will decide whether your next GC can influence strategy, steer the ship through crisis situations, and ultimately have a positive impact on your company’s bottom line.

FTC Notifies Celebrities/Social Media Influencers of Its Endorsement Rules

By Danielle N. Garno and Erica L. Okerberg |

About 45 celebrities were reportedly part of a group of 90 social media influencers who recently received letters from the Federal Trade Commission “educating” them about the government’s advertising disclosure requirements.

Practice Tips for the Trade Secret Holder: Navigating Discovery Under the Defend Trade Secrets Act

By Eric J. Fues, Maximilienne Giannelli, and Jon T. Self |

Explore how courts have treated the trade secret holder’s disclosure obligations in cases brought under the DTSA, including whether, when, and how the “reasonable particularity” standard has been applied. Take a look at some practice tips for navigating discovery under cases brought under the DTSA.

Nothing to LOL About: E-Discovery of Texts On the Rise

By Ryan G. Pitman and James M. Paulino II |

While SMS e-discovery is in its relative infancy, numerous recent court decisions should put all organizations on notice: Texts are discoverable, and failure to plan accordingly may result in damaging admissions, adverse inferences or worse.

FINRA’s Focus on Text and Social Communications Records: Why Investors Should Care

By Marianna Shafir |

Given the pace of digital transformation in the financial services industry, asking questions about your advisor’s compliance and technology set-up is simply smart investing.

Building and Managing an International In-house Legal Team

By E. Leigh Dance |

Training and retaining good people takes time and effort. Review some practical recommendations from international legal and compliance pros.

Karl Racine, Karl Racine, the D.C. Attorney General.

Q&A: D.C. Attorney General on Consumer Protection Efforts

By Richard Lawson |

State attorney general's offices have become increasingly active in enforcing consumer protection issues. I recently spoke to Karl Racine, Attorney General for the District of Columbia, on his office's priorities related to consumer protection. Following is a transcript of that conversation.

Preventing and Resolving Software Implementation Disputes: Lessons for Contracting

By Robert Kriss and Brad Peterson |

Using a hypothetical case involving a software implementation dispute, the authors provide ideas on how to use contract provisions to reduce the risk of disputes and increase the likelihood of a fair result in litigation.

A Possible Landmine for Employers: The Opportunity to Work Act

By Kristina M. Launey and Daniel C. Whang |

Review employment legislation, such as the Opportunity to Work Act proposed by the California Legislature. While efforts so far have been unsuccessful, it is important for businesses to understand how such legislation can impact them given that their ultimate passage could simply be a matter of time.

In Conversation: A GC and Outside Counsel Compare Notes on Keeping Their Business Relationship Honest and Strong

By Lee Reichert and Andy Spielman |

Lee Reichert and Andy Spielman have worked together for 13 years on a variety of land-use issues. Curious about why their professional relationship has strengthened over time, they launched a candid conversation on their operations, fees, predictability and value.

data integration database connect media files chart symbol analysis vector

Preventing and Resolving Software Implementation Disputes: Litigation

By Robert Kriss and Brad Peterson |

Using a hypothetical case involving a software implementation dispute, the authors present the next steps to take when litigation cannot be prevented.

Preventing and Resolving Software Implementation Disputes: Attempting to Resolve Disputes Without Litigation

By Robert Kriss and Brad Peterson |

Using a hypothetical case involving numerous problems implementing a new software system, the authors present techniques for getting the project back on track without litigation and, in case litigation cannot be avoided, creating favorable evidence that will help in recovering damages.