From the Experts

Massachusetts Attorney General Maura Healey.

Interview of Massachusetts AG Maura Healey by Cozen O'Connor Shareholder Lori Kalani

By Lori Kalani |

Cozen O’Connor shareholder Lori Kalani recently had the opportunity to speak to Massachusetts Attorney General Maura Healey about her efforts in concert with other AGs challenging the Trump Administration in several key policy areas, as well as her other priorities and issues of focus as AG.

Five Steps to Better Oversight of E-Discovery Spend

By Larry Barela |

"What gets measured gets managed," the late management consultant Peter Drucker reportedly said. But do corporate counsel get the data and reporting they need to effectively manage their litigation and e-discovery costs? A recent survey of chief legal officers suggests not, finding that there is a wide gap between the reporting they need and the reporting they get.

IP Management Plans: A Key to Company Success

By Michael D. Specht and Karen Wong-Chan |

Successful companies embrace change. For successful companies, change is seen as an opportunity to expand market share and enhance shareholder value. Conversely, those companies that fail to adapt to change often fall behind and fail to remain relevant. Change comes in all shapes and forms, whether it be disruptive technology, changes in market conditions or legal and regulatory changes.

Delisa J. F. Bressler of Foster LLC.

Long-awaited Immigration Regulation Codifies New Restrictions and Benefits

By Delisa J.F. Bressler |

The U.S. Department of Homeland Security adopted new regulations, effective Jan. 17, interpreting and fully implementing the immigration provisions of the American Competitiveness in the Twenty-first Century Act of 2000 and the American Competitiveness and Workforce Improvement Act of 1998.

Securities Law Disclosure Checklist for Alleged (or Confirmed) Misconduct

By M. Ridgway Barker and Clyde Tinnen |

Review a checklist of certain disclosure-related guideposts that are important for lawyers to consider when a client has to deal with employee, director or officer misconduct.

For Law Firms, Where Is the Digital-Age Sweet Spot Between Business Growth and Data Security?

By Sanjiv Bawa |

Review eight updated and comprehensive focal points that are steps in the right cybersecurity direction.

AG Sessions’ Immigration Directive Foreshadows Return of Worksite Enforcement

By Ryan McConnell and Stephanie Bustamante |

A company’s immigration program depends on its business environment. Addressing immigration compliance and potential enforcement activity will help companies address issues proactively and minimize exposure in the event of a compliance failure.

A Perfect Global Storm: In-House Leaders See Rough Waters, Similar Challenges

By E. Leigh Dance |

When you dive into a few hundred pages of good data the old-fashioned way (read, highlight), broad themes usually rise to the surface. But real insights are often found in the details and context. This winter and spring I've spent many hours poring over responses to 57 benchmarking questions. The respondents are legal and compliance heads in large global organizations based in North America, Europe, the Middle East and Asia.

United Airlines Airbus A320.

United's Social Media Response Ignores Reputational Risk

By Ryan McConnell and Meagan Baker |

We have all been there. The airline overbooks your flight and offers a $200 voucher to miss your flight and leave the next day. No one volunteers. Eventually, the voucher price creeps up enough (maybe a free night at the airport hotel is thrown in) and a passenger or two agrees to miss their flight. And, when no one volunteers, apparently, the airport police may drag a random passenger off the plane.

Advising the 'Cultural Revolution' in the Boardroom

By By Michael W. Peregrine |

Corporate boards have begun exercising more vigorous and direct oversight of the organization's corporate culture in what has become a significant emerging governance trend. This trend reflects an increasing awareness of how matters of culture and reputation correlate to the success of an organization, and to the board's efforts to sustain long-term corporate objectives. The general counsel is well-positioned to advise the board on culture oversight matters.

An Open Letter to VW Monitor on Rebuilding the Compliance Program

By Ryan McConnell and Meagan Baker |

VW's emissions cheat was inexcusable. For people who buy diesel cars and overlook the clattering engine and weird yellow fuel pump at the gas station, they like to think that their good gas-mileage cars are not some portable coal mine. But the company paid big. More than U.S. automakers that killed people (and lied about it). More than companies convicted of bribery and terrorism-related offenses.

From Courthouse to Corporate: Skills That Translate From the Clerkship to the Boardroom

By Todd Jefferson Hartley |

Review four items that are crucial to a law clerk, along with some things that will continue to serve you well once you join the corporate ranks.

Jevic: Supreme Court Dismisses Priority-Skipping in Structural Bankruptcy Exits

By Adam Rogoff, Anupama Yerramalli and Alana Katz, Kramer Levin Naftalis & Frankel |

In the hotly-awaited decision Czyzewski v. Jevic Holding Corp., the U.S. Supreme Court held that "structured dismissals" of bankruptcy cases cannot distribute estate assets to certain creditors in derogation of the Bankruptcy Code's priority rules. This decision disrupts an existing practice in Chapter 11 cases with unconfirmable bankruptcy plans where parties negotiated settlements inconsistent with the code's priority scheme.

Avoiding a Crisis: Corporate Succession Planning

By Eric N. Fidel |

Few boards are prepared for handling an unexpected transition. How well a company handles a change in leadership can have a direct impact on its success. Rough terminations and failed successions can lead to bad PR and shareholder activism. By contrast smooth leadership changes can provide performance momentum.

A Roadmap to Sustainable Savings

By Abbott Martin |

Corporate legal expenses as a percent of company revenue increased 9 percent in the last two years. This increase in expense—relative to other corporate functions—has caught the eye of CEOs and CFOs. In today’s tight-margin environment, legal’s cost footprint must get smaller. The question is, how?

Technology

The Future of Legal Work

By Constantine Limberakis |

In the modern age, general counsels and their legal departments are increasingly expected to be business partners, collaborating with executives and functional experts in finance, HR and marketing to drive bottom-line results.

Beyond Robust Technical Defenses: Three Simple Ways to Protect Your Organization from Ransomware

By Saad Gul |

How does an organization handle a world with the risk of ransomware? As the CIA and NSA could testify, even the most robust technical defenses can be insufficient. Three simple practices can help.

Adapting Water Laws for a New Environment: Trends in Appropriation Doctrine States

By Sylvia Harrison, McDonald Carano |

If we cannot manage Mother Nature’s idea of climate (and the current scientific and political climates suggest this is a vain hope), then can we at least manage our man-made institutions to anticipate and mitigate her moods?

The Rescission Trap: Don't Let Product Recalls Contaminate Your Coverage

By Syed S. Ahmad And Paul T. Moura |

Product recalls are on the rise in many industries. The year 2016 saw over 8,000 products recalled by the Food and Drug Administration and nearly 15,000 warning letters issued. Regulatory and consumer protection standards are becoming more stringent and notices of violations more frequent. At the same time, product supply chains are getting more widespread and complex.