From the Experts

Leading General Counsel Mull Over Mediation

By Mitchell Auslander |

During a recent Business Roundtable hosted by The CPR Institute, General Counsel from Visa, Assurant, Estée Lauder and Fluor discussed some of the challenges they face—and opportunities they’ve found—in utilizing mediation to prevent and resolve their business disputes.

Death, Taxes and the Oracle Audit: How to Prepare

By Arthur S. Beeman, Joel T. Muchmore, Nathan Biggs and Bob Lindquist |

It is undisputed that Oracle is the industry leader in the licensing of high-quality business enterprise software and that Oracle's market penetration is unparalleled. And, pursuant to the standard terms of Oracle's controlling master agreements (the contemporary version is titled the "Oracle Master Agreement"), Oracle has the right to audit each of its customer's use of licensed software in order to ensure compliance with the terms of the licensing agreement.

Orange Is the New Hack: Protecting Against Vendor Cyber Breaches

By Scott Lyon |

Crime doesn’t pay, and apparently neither does Netflix, as evidenced by their refusal to pay the bitcoin extortion demand of a hacker or hacking group calling themselves “thedarkoverlord.”

An Interview with Stanford's Amanda Packel on Educating Corporate Boards

By Ryan McConnell |

Amanda Packel is the managing director of the Rock Center for Corporate Governance at Stanford University, where she coordinates and executes the center's programs and projects and serves as co-director of Stanford Directors' College, an executive education program for board members and senior executives of publicly traded firms.

The Legal Landscape on Employer Dress Code and Appearance Policies: A U.S. and European Prospective

By Greg Grisham, partner at US law firm FordHarrison |

Personal dress and appearance is a common way individuals express their personality, including their political and religious views. Unfortunately, the personal choices individuals make in attire, hairstyle and other personal appearance factors may collide with workplace rules, creating conflicts.

The Tech-Driven "Intelligent" Workplace Presents Challenges for Employers

The impact of technology on workplaces is far reaching. Businesses are introducing AI technology to perform functions previously undertaken by employees, whilst traditional business models are increasingly being challenged by unexpected competitors, utilizing technology to provide services in new and innovative ways (for example Uber challenging the traditional taxi industry or AirBNB the hospitality sector).

Antitrust Risks of Earnings Calls

By David L. Hanselman and Lisa A. Peterson |

Explore the antitrust implications of earnings call statements and guidelines to minimize antitrust risk.

Susan Hackett of Legal Executive Leadership. HANDOUT

Takeaways From CLOC: What Happened in Vegas Won't be Staying in Vegas

By Susan Hackett |

Last week, CLOC (the Corporate Legal Operations Consortium) hosted one heck of an Institute in Las Vegas. You probably read a bit (if not a lot) of coverage of the events via your favorite ALM publications, or via other media, such as the Institute's Twitter feed ( #CLOC2017). Since I published a "pre-meeting" look at the ops movement, I figured I should break with the long-standing tradition about not divulging what happened in Vegas in order to dish some takeaways post-meeting.

Local Counsel: Your Best Bet for Managing Localized (and Sometimes Politicized) Issues

By Lara Pringle |

As a partner at a national law firm with a strong regional presence in the southeastern United States and Gulf Coast, I have engaged the services of individual practitioners and small to midsize law firms in many parts of the country. My colleagues and I have also been asked by law firms without a presence in Texas or other states to serve as local counsel for specific projects. Drawing on this dual perspective, I have learned more than a few lessons about the value of seeking local advice in order to resolve local issues.

Winning in Litigation: Strategic Issues the Corporate Counsel Need to Know

By Robert Weiner |

Undoubtedly, legal motions will sometimes be futile. I have appeared before judges who flatly declared, "I do not grant summary judgment."

PTAB Imposes Double Jeopardy on Patent Owners

By Brad Sheafe |

Even if you believe the Patent Trial and Appeal Board’s post-grant proceedings have generally played a positive role in eliminating some junk patents, the evidence shows that PTAB is violating the spirit of §325(d) of the America Invents Act by failing to limit double jeopardy and the serial harassment of patent owners in patent examination.

Building Compliance Skills SEAL Style

By Ryan McConnell and Stephanie Bustamante |

Compliance will always be a people business. You can have the regulatory framework down, understand the business, and how to put together and manage a program, but to make it work you have to understand the people executing it—how they make decisions, which people will be effective on your team, and how they work together.

The Scope of Choice of Law Clauses in International Arbitration

By Curtis Waldo |

An Indian corporation and an American corporation enter a contract. The contract's choice of law clause states: "This contract shall be governed by the laws of the state of New York." The contract contains an arbitration clause with New York as the arbitral seat.

A Sales Methodology for Lawyers—Part Two

By Todd K. Hanna |

In part one of this series, I laid out four steps of pre-customer-contracting-call preparation to ensure I know the offerings we're selling in the deal, who the customer is, and who our buyer is before ever engaging with the customer. In this part, it's time to put that preparation to work and engage with the customer and its counsel. Following the steps explained in this part two help me to negotiate terms favorable to me and my client while nonetheless fostering an amicable and cooperative environment and getting the deal over the goal line.

Winning in Dealing With the US Government: 10 Lessons

By Robert Weiner |

I have litigated against the federal government for more than 30 years and spent an additional six years working for the government—two in the White House Counsel's Office, two as an associate independent counsel, and two in the Justice Department overseeing the constitutional defense of health reform legislation and trying to defuse other exigent issues.

A Sales Methodology for Lawyers—Part One

By Todd K. Hanna |

Everyone is in sales. It's a notion I've seen shared on LinkedIn countless times; a rallying cry I've heard exclaimed at annual sales kick off meetings. The idea is always to convince non-sales employees that their work nonetheless affects the customer experience. And, generally, it works. I've witnessed back office administrative workers proudly articulate how their efforts cause positive outcomes for customers.

TCPA Trends: Different Ways Courts Are Paring Back 'Junk Fax' Lawsuits

By Livia M. Kiser and Andrew J. Chinsky |

After years of costly and expensive litigation—and millions of dollars paid out in settlements—defendants in "junk fax" class actions under the Telephone Consumer Protection Act (TCPA) now find themselves navigating a more favorable legal landscape. Although faxing may seem anachronistic in today's electronic world, junk fax class actions persist, not only because they can be lucrative for the plaintiffs bar, but because some companies, particularly in the medical industry, continue to fax: that method of transmission is easy, secure and HIPAA-compliant.

What to Consider When a US Public Company Acquires a Non-US Company

By By Jennifer V. Audeh and Corey R. Brown |

When it's time to sell a company, there are many financial and legal steps a target should consider regarding a merger or acquisition. If the buyer is a U.S. public company, that list may grow. Below are some common issues that develop when a U.S. public company acquires a non-U.S. company: understanding these issues can help ensure a smoother acquisition process for both sides.

Reducing Corporate Brand Risk: Why Cross-Functional Teams Must Work Together

By Merike Käo |

To appropriately protect all critical online assets, legal teams must collaborate across cross-functional teams to ensure that domains are properly registered and policies, procedures, and tools are in place to protect them.

The Legal Ops Movement—From Duct Tape Triage to Full-Fledged Business Partnership

By Susan Hackett |

While law firms used to be at the undisputed center of the legal marketplace, a whole new generation of vendors are focusing full-time attention to law departments.

How Attorneys Can Navigate a Career Toward the Boardroom

By Michael J. Herald |

Attorneys are often considered natural fits to serve on a public or private company's board of directors. Not only can they find personal fulfillment and exciting challenges, but they can also make enormous contributions as members of the board through their legal expertise, negotiating skills and business judgment.

How to Make the Case for a Smaller Law Firm to Your Board

By Norm Finkel |

The list of reasons why small law firms offer big advantages is well known—this is especially true for businesses that are midsized or emerging. But here's a quick review. With a smaller law firm, seasoned attorneys are the norm, rather than the associates who typically handle day-to-day business for the big law firms.

U.S. Securities and Exchange Commission building.

The SEC Takes On Real 'Fake News'

By Marc Butler |

As the Trump administration continues to brand news that paints an unfavorable picture of the administration as "fake news," the U.S. Securities and Exchange Commission (SEC) is dealing with the very real problem of actual fake news and the impact that it has on the markets.

Forging Positive Relationships Between Legal Operations and Outside Counsel

By Susan Raridon Lambreth |

Many outside counsel (and even some inside counsel) view the developing roles of procurement and legal operations professionals as a negative for the historic outside counsel-GC client relationship. However, it actually has the potential to enhance the relationships as business professionals in the legal department work with their counterpart business professionals in the law firm to understand each other's perspectives, objectives and success factors and to create mutually beneficial outcomes.

Privacy Regulations and the Power of State AGs

By Aaron Lancaster and Gabriella E. Ziccarelli |

Companies that handle sensitive personal information, both of consumers and of their employees, should be aware that, even with the perceived hostility of the current administration toward data privacy, state regulators, and especially State AGs, likely will still be on the beat as data privacy sheriffs.

ACC's New Data Security Guidance to Law Firms: Be Careful What You Ask For

By John C. Amabile and Micheal L. Binns |

It is almost cliché to say that data security has become the most common concern keeping in-house counsel awake at night. Indeed, many qualified law firms, including ours, have developed the needed expertise to advise clients on the best practices for cybersecurity. And while a law firm's traditional strengths lie in advising clients on avoiding lawsuits and investigations, not being a party to them, more and more find themselves targets of hackers seeking not only the law firm's proprietary information but also the confidential information the firm holds for its clients.

How to Leverage Task-Based Legal Work to Improve Value, Efficiency and Outcomes

By Wendy Butler Curtis and Kate Orr |

Review five steps corporate counsel and their outside counsel can take now to disaggregate cases into tasks, determine their value, and ensure the value is reasonable, justified and expected.

Donald Trump.

100 Days In: 10 Issues for General Counsel to Consider

By Robert Bostrom and Ellen Canan Grady |

April 29 marks the end of the first 100 days of President Donald J. Trump's presidency and may be a harbinger of the issues that will frame this presidency. During its first 100 days, the Trump administration has pushed an aggressive agenda to shake up Washington political bureaucracy.