Most Recent

Bill Cosby.

Cosby's Coverage Dispute Has Ramifications for Many Policyholders

By Syed S. Ahmad and Matthew T. McLellan |

This is an expert piece from lawyers at Hunton Williams. It is about how, over the last few years, numerous individuals have made claims of sexual misconduct against comedian Bill Cosby. These claims have led to disputes about the obligation of Cosby's insurers to pay for his defense attorneys and any eventual settlements or judgments. A recent decision by a Massachusetts federal court addressing these disputes provides important guidance about standard contract language found in different kinds of policies issued to all kinds of businesses and individuals.

VW, Takata Cases Show Attitude Matters in Justice Dept. Treatment of Corporate Wrongdoing

By Amanda Bronstad |

Attitude is everything. That's the message the Justice Department sent last week when it announced criminal plea deals involving billions of dollars paid by Takata Corp. and Volkswagen AG, according to Peter Henning, professor at Wayne State University Law School, who specializes in white-collar crime.

Whistleblower Illustration

Effective Employee Training Increasingly Important Amid Increased Whistleblower Liability and Damage Awards

By Gregory Keating and Lyndsey Kruzer |

As the damages awards for whistleblower retaliation drastically increase, the upfront use of resources to train employees becomes an even more prudent investment so that employers do not find themselves at the losing end of the next multimillion-dollar verdict.

Cloudflare's In-House Lawyers Open Up About Privacy Fight With FBI

By Stephanie Forshee |

Cloudflare's legal department revealed it has been under a gag order for four years regarding a national security letter requesting a customer's information. The company GC talks about how Cloudflare has also been secretly fighting a legal battle against the FBI, saying the NSL is unconstitutional and overreaching.

Judge Harold Kahn, San Francisco Superior Court

Cisco Loses Bid to Arbitrate Age Bias Suit

By Ben Hancock |

San Francisco Judge Harold Kahn said the company's arbitration clause was both unfair and inconspicuous.

3 Legal Challenges In-House Counsel Face with 3-D Printing

By Ricci Dipshan |

As 3-D printing becomes more widespread, in-house counsel will be tasked with complex IP and liability challenges.

Harold Kim of the U.S. Chamber of Commerce's Institute for Legal Reform

Tort Reformers Target Missouri Laws That They Claim Led to Gargantuan Verdicts

By Amanda Bronstad |

Missouri is now the No. 1 target of tort reformers, who this month outlined the most ambitious effort in the country at dismantling laws they claim have led to gargantuan verdicts, including a trio of double-digit awards last year against Johnson & Johnson over its baby powder.

Federal Trade Commission Commissioner Maureen Ohlhausen. June 12, 2014. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

What to Expect in FTC Privacy Enforcement During the Trump Administration

By Janis C. Kestenbaum, Perkins Coie |

A look at how a Republican majority may impact the focus of the FTC.

Coca Cola Headquarters, Atlanta Ga. Photo by John Disney/Daily Report.

What Coca-Cola Can and Cannot Say

By Stephanie Forshee |

A lawsuit filed against Coca-Cola has lessons for in-house lawyers. The deceptive-advertising suit makes clear companies like Coca-Cola must be able to back up their health claims.

Data Breach.

How a Massachusetts Decision to Publish Data Breach Info Will Affect Big Law

By Gabrielle Orum Hernández |

The Massachusetts decision spells out new challenges for lawyers working with breached companies.

Evolve Law Launches In-House Counsel Technology Fellowship

By Ricci Dipshan |

The four-month Evolve Law Tech Fellowship program will focus on educating in-house counsel around implementing document automation in their legal workflows.

U.S. Securities and Exchange Commission building

US Appeals Court Dodges Scope of Dodd-Frank Whistleblower Protection

By C. Ryan Barber |

A federal appeals court on Friday dodged a question that has divided two other circuits: Does a whistleblower need to bring a tip directly to regulators to be protected under the Dodd-Frank Act?

National Labor Relations Board in Washington, D.C.

Justices Will Decide Legality of Class Action Bans in Employment Contracts

By Marcia Coyle |

An unusual confluence of petitions from employers, employees and the government successfully urged the U.S. Supreme Court to decide whether workplace arbitration agreements banning class actions violate federal labor laws. The justices agreed on Friday to take up the dispute.

How a Big Law Fee Dispute Turned Into a Bitter, Cross-Country Litigation

By Roy Strom |

Vedder Price is facing arbitration in California in a case that shows there can be risks to law firms' increasingly litigious stance on unpaid bills.


Workplace Class Action Forecast: More Cases, Higher Settlements

By Sue Reisinger |

Private plaintiffs and the government are likely to be aggressive in 2017 in bringing workplace class action litigation, and in-house counsel need to be equally aggressive in identifying and addressing class action vulnerabilities, according to a massive new report from labor and employment firm Seyfarth Shaw.

How VW's In-House Lawyers Screwed Up a Litigation Hold

By Sue Reisinger |

The obstruction of justice charge filed against Volkswagen AG on Wednesday pertains not only to lies by employees to federal regulators, but also to actions by VW's in-house legal team, according to statements attached to the plea agreement.

SEC Exam Priorities for 2017 Likely Will Remain Despite Administration Change

By Rebekah Mintzer |

The U.S. Securities and Exchange Commission has released its exam priorities for 2017, and attorneys who defend SEC-covered entities say the commission's priorities likely will remain the same under the new administration.


Amid Layoffs, PG&E Announces New GC

By David Ruiz |

John Simon takes on his new GC role effective March 1, adding to his current corporate and human resources responsibilities.

Trumping Traditional Media: First Amendment Protections For 'News Outlets' In the Internet Age

By Ehren Fournier and Adam Losey |

News outlets are rightfully concerned about their place in a Trump administration. One question nagging the media is whether—and how—a President Donald Trump might seek to silence those who cover the negative aspects of his administration?

Guns in the Workplace: New Challenges Presented by Increasing State Regulation

By J. Ian Downes and Samantha Rosa |

Many employers have been looking to develop specific policies addressing the possession of firearms in the workplace. In formulating such policies, one of the paramount considerations must be the many state laws limiting employers' ability to restrict employees' gun possession.

VW In-House Lawyer Implicated, 6 Others Indicted by DOJ

By Sue Reisinger |

Volkswagen Group today agreed to plead guilty to three felonies over its emissions cheating scandal, and federal prosecutors said six former VW department heads were indicted as the investigation against individuals continues.

With New Law Shielding Negative Reviews, It's Time to Update Terms of Use

By Jennifer Williams-Alvarez |

A handful of companies have gone after customers that left negative online reviews, prompting a new federal law that protects the right to complain on such forums as With the law's impacts soon to be felt, in-house counsel would be wise to review their company's terms of use and make sure they aren't trying to silence peeved customers, internet lawyers say.

Antitrust Hot Spots in 2017: Five Areas to Watch

By Ben Hancock |

Even if enforcement ebbs in the Trump administration, as some would predict, these five areas are likely to keep antitrust litigators busy.

VW Reaches Proposed $4.3 Billion Deal With DOJ

By Sue Reisinger |

Germany's Volkswagen Group said Tuesday it has negotiated a "concrete draft" of a criminal settlement worth $4.3 billion with U.S. prosecutors over its emissions cheating scandal.

Bridgestone, Nashville

Relocating In-House Lawyers Costs Money and Talent, Experts Say

By David Ruiz |

Bridgestone is moving employees, lawyers included, to its new Nashville headquarters. It's a difficult, costly process that few companies try.

Traci Feit Love.

Legal Heavy Hitters Slated for Anti-Trump Conference

By Karen Sloan |

SCOTUSBlog founder Tom Goldstein is scheduled to speak as is Southern Poverty Law Center co-founder Joe Levin at the event on Jan. 21.

Maria Vullo

State Orders Banks to Step Up Monitoring for Money Laundering

By Joel Stashenko |

A new regulation went into effect Jan. 1 in New York requiring banks and other thrifts to step up their monitoring and filtering of transactions to prevent money laundering.

SurveyMonkey general counsel Lora Blum

Meet SurveyMonkey's Incoming GC

By David Ruiz |

Lora Blum, director of corporate legal, is leaving her job to head SurveyMonkey's legal department. She inherits a nine-lawyer team that has helped the company grow for years.

Michael Asimow, Professor of Law UCLA..Photo by Fiona McDougall.10-1-99.

Pop Culture's Portrayal of Lawyers Misses the Mark, 'Making a Murderer' Lawyer Says

By Rebecca Cohen |

As the lawyer hero of "Making a Murderer," Netflix's hit true-crime series from 2015, you might think Dean Strang would be optimistic about the power of TV to improve the public's understanding of what lawyers do. You'd be wrong.

10 Tips to Guide Global Counsel Leaders in 2017

By E. Leigh Dance |

Many of you love your job and are enthusiastic as January begins. All of that is positive, and yet often during the year you tell me the many ways that the workload is growing and sustaining performance gets tougher. That's why I compiled these 10 tips to guide global counsel leaders in 2017.

UPDATED: Ex-Compliance Official Arrested in Spreading VW Emissions Scandal

By Sue Reisinger and Celia Ampel |

Oliver Schmidt, the head of Volkswagen Group's U.S. regulatory compliance office during its emissions cheating scandal, not only knew about the cheat device but told management executives in Germany about it and was directed to continue the scheme, according to a complaint made public after Schmidt's arrest this weekend in Florida.

How UGG's Legal Team Is Using Social Media to Fight Counterfeits

By Jennifer Williams-Alvarez |

As counterfeiters adapt, brands are increasingly searching for new ways to shut them down. For UGG Holdings Inc., this fight includes dedicated social media accounts to educate consumers about counterfeits, says Lisa Bereda, assistant general counsel at Deckers Outdoor Corp., the parent company of UGG.

Andrew M. Cuomo

Cuomo Promises New Cybersecurity Measures in 2017

By Joel Stashenko |

New York's governor will propose tougher measures to combat cyber-crime in his State of the State addresses starting Jan. 9, including graduated penalties for computer tampering crimes and identity thefts.

Chart 1 shows all known corporate NPAs and DPAs since 2000.[4]

Report Cites Global Growth of NPAs/DPAs

By Sue Reisinger |

After enacting a new law in December following heated debate, France is finally ready this year to apply its version of a deferred prosecution agreement (DPA) program for corporate misconduct. And the United Kingdom in July reached its second DPA, this one with a subsidiary of an unnamed U.S. company.

General Growth Properties' chief legal officer Marvin Levine

Q&A Marvin Levine, General Growth Properties

By Stephanie Forshee |

General Growth Properties' chief legal officer Marvin Levine reflects on his time as the legal chief of the Chicago-based real estate investment company. He talks about his career and the unique practices he has in place for the legal department.

Macy's Union Square in San Francisco

5 Concerns for Counsel After Macy’s and Sears Closings

By Rebekah Mintzer |

As Macy's, Sears and other retailers announce they will close scores of stores across the U.S. and lay off thousands of employees, here are five concerns that in-house and outside counsel have to address in these and similar situations.

Thomas Perez.

Tom Perez Touts 'Historic' Fiduciary Rule in Exit Memo

By Melanie Waddell |

U.S. Labor Secretary Thomas Perez on Thursday touted in an exit memo workplace policies put into place during his tenure, including the fiduciary and overtime pay rules—both of which are under assault—and urged the incoming Trump administration and new Congress to support other initiatives championed by the Obama administration.

Fifth Third Fills CLO Position With Banking Vet

By Jennifer Williams-Alvarez |

Fifth Third Bancorp announced Thursday that it has hired Jelena McWilliams to serve as chief legal officer and corporate secretary.

Big Data Gets Bigger: 5 Ways to Employ Legal Analytics

By Ian Lopez |

Technology advances in both law and the wider world will mean greater reliance on analytics in legal technology.

Consumer Financial Protection Bureau building in Washington, D.C.

Companies Push to Piggyback on Ruling Against CFPB

By C. Ryan Barber |

When a federal appeals court ruled in October that the president should be empowered to remove the Consumer Financial Protection Bureau's director at will, rather than only for cause, the 110-page opinion landed with a bang. Companies want to piggyback on the decision to benefit their cases against the CFPB. Here's a snapshot of how the ruling, from the U.S. Court of Appeals for the D.C. Circuit, is playing out in CFPB cases in courts across the country.

CALL FOR ENTRIES! Now's Your Chance to Enter Our Best Legal Departments Competition

By Corporate Counsel |

A call for self-nominations for Corporate Counsel's annual Best Legal Departments awards.

Blogger Whose Contract Ended Is Not Due Unemployment Benefits, Court Rules

By Joel Stashenko |

The Third Department concluded that Gregory A. Mitchell's relationship with his editors at The Nation was not that of an employee and employer and he was not entitled to unemployment benefits after his contract was not renewed in 2014.

Scott Forman, shareholder at Littler Mendelson.

Managing Litigation and Benchmarking Through Big Data

By Scott Forman, Littler Mendelson |

It might not be the first thing people remember about the Great Recession, but the effects of the last big economic downturn changed the way companies view and measure their legal departments—probably, forever.

Eric Holder Jr., Covington & Burling

California's Anti-Trump Strategy, Featuring Eric Holder, Will Cost $25K Monthly

By Cheryl Miller and Katelyn Polantz |

California legislative leaders on Wednesday said they have retained a team of Covington & Burling attorneys led by former U.S. Attorney General Eric Holder to help fend off "potential challenges" from the incoming Trump administration. The hire follows eight weeks of post-election promises by state Democrats to create a firewall against potential Republican attacks on California's immigration, environmental and health care policies. It also offers a high-visibility platform for Covington, which has long sought a stronger presence on the West Coast.

Judge Slashes $10M in Fees Over Firm's Use of Temporary Associates

By Scott Flaherty |

Criticizing a plaintiffs firm for hiring temporary associates for routine document review—but billing as if normal staff associates did the work—a New York federal judge has cut $10.3 million off a fee request in a settlement of a mortgage-backed securities case against Bank of America Corp.

Ashley Madison Data Breach Claims Should Be Arbitrated, Company Says

By Amanda Bronstad |'s parent company is hoping to knock out more than 20 class actions filed over its 2015 data breach by invoking online arbitration agreements the plaintiffs signed when they subscribed to its matchmaking services.

DOL Sues Google Over Failure to Provide Compensation Data

By Rebekah Mintzer |

The U.S. Department of Labor announced on Wednesday that it has filed a complaint against Google Inc., claiming the company did not allow its Office of Federal Contract Compliance Programs access to Google’s employee compensation records as part of a compliance review, in violation of federal antidiscrimination law.

Securities Defense Bar Praises Trump SEC Pick

By Christine Simmons |

In the hours after Donald Trump tapped Sullivan & Cromwell dealmaker Jay Clayton to lead the SEC, securities litigators and others said he could usher in a new era for the agency.

Infosys offices in Mangalore, Karnataka, India.

Infosys GC Leaves, Gets Nearly $1M Severance

By Jennifer Williams-Alvarez |

Infosys Ltd., India's second-largest software services provider, announced on Dec. 31 that general counsel and chief compliance officer David Kennedy would leave the company, effective the same day as the announcement. The company and Kennedy "mutually agreed" on Kennedy's departure, acording to the company, though some have questioned the seemingly sudden decision and the close to $1 million severance package.


Asians and Hispanics Make Small Diversity Gains in Firms

By Karen Sloan |

The percentage of minority lawyers in U.S. law firms crept up in 2016, but that progress was not across the board.

Ronald Janis.

Day Pitney M&A Partner Takes Over as Bank's General Counsel

By David Gialanella |

The recently vacated general counsel post at Valley National Bank has been filled by a New Jersey partner of Day Pitney who for decades has served as lead counsel in the bank's mergers and acquisitions.

Elisabeth Thieriot

Farella Takes Ex-Client to Court Over Unpaid Fees

By Ben Hancock |

The San Francisco firm accuses Bay Area author and socialite Elisabeth Thieriot of transferring her assets to avoid paying a $467,000 fee award.

Workers at a Wendy's franchise

Lawyers Decipher New Minimum Wage Rules in NY

By Joel Stashenko |

New York's new minimum wage law took effect on Dec. 31 with multitiered multijurisdictional wage schedules. Also, other new laws taking effect over the past weekend.

New Year Rings in New Labor Regulations

By Rebekah Mintzer |

Lawyers comment on new labor rules enacted by the Obama administration that took effect Jan. 1 including paid family leave for federal contractor employees, higher minimum wages and new employee wellness rules.

Breach of Trust: Can a Harm Precede a Hack?

By Steve Kovalan |

More than 75% of law firms said they are comfortable with their firms’ ability to withstand a breach, but this confidence could be misplaced.

New York Delays Implementation of Cybersecurity Mandate by Two Months

By Joel Stashenko |

Implementation of a new regulation requiring financial services companies to establish broad safeguards against cyberattack is being pushed back two months until March 1 after banks and insurers complained that it was impossible.

In-House Counsel: It's Time to Connect With 3D Printing

By Andrew Tsai and Chinh H. PHam |

This technology offers significant business opportunities but is not without legal risk, particularly in the area of intellectual property law.

Senator Al Franken (D-MN).

Minn. Sen. Al Franken Releases Lyft and Uber Answers to Discrimination Inquiry

By Rebekah Mintzer |

Sen. Al Franken, D-Minnesota, released responses from Lyft and Uber to his Nov. 2 inquiry about a National Bureau of Economic Research study that found some racial and gender discrepancies in response and wait times to requests for service in Boston and Seattle.

Feds Step Up Audits of Mental Health Benefits Parity

By Rebekah Mintzer |

The U.S. Department of Labor steps up audits of employer health plans to make sure they are providing parity between mental health and medical benefits as required under the Mental Health Parity and Addiction Equity Act of 2008.

Target: The Consumer Financial Protection Bureau

By C. Ryan Barber |

The incoming administration has no love for the agency.

Google offices in New York's Chelsea neighborhood.

Are Google's Confidentiality Agreements Illegal?

By Kristen Rasmussen |

A current Google Inc. employee has sued the tech giant over its rules for protecting confidential information, alleging they prohibit workers from whistleblowing or even just complaining to their spouse about their boss. Employment lawyers say that if the allegations in the complaint are true—a big if, of course—Google's rules may well be overly restrictive.

Google Headquarters mountain view ca. Handout

Google Suit Says Engineer Took Secrets to

By Ben Hancock |

Complaint says manager violated the confidentiality provisions of the employment agreement he signed five years ago.

Are US Lawyers a Weak Link in the Fight Against Money Laundering?

By Susan Beck |

The United States trails other nations when it comes to attorneys' anti-money laundering requirements.

CFPB director Richard Cordray on Capitol Hill in September.

Justice Department Faults Ruling that Threatens CFPB Power Scheme

By C. Ryan Barber |

Obama administration lawyers on Thursday urged a Washington federal appeals court to revisit a dispute over the structure of the Consumer Financial Protection Bureau, arguing that a panel of judges improperly assessed the extent to which the agency leadership intrudes on presidential power.


Teva Agrees to Pay $520M Over Bribes to Foreign Officials

By Charles Toutant |

Generic drug maker Teva has agreed to pay more than $283 million to resolve criminal charges and fines over bribes to government officials in Russia, Ukraine and Mexico, in violation of the Foreign Corrupt Practices Act, the Department of Justice announced Thursday.

Verizon Deal With Yahoo Highlights Emerging M&A Trend

By Jennifer Williams-Alvarez |

It remains to be seen whether Yahoo Inc.'s recently revealed data breaches will nix its sale to Verizon Communications. But whatever happens, M&A lawyers say the Yahoo-Verizon deal illustrates the increasing importance of addressing the risk of a data breach when negotiating an acquisition.

The Board's Compliance Committee: A Transformative 2017 Agenda

By Michael W. Peregrine |

A series of recent corporate controversies, regulatory developments and judicial decisions should prompt the compliance committee to take a closer look at its own level of diligence, key elements of the company's compliance program and, most significantly, employee acceptance of the compliance culture.

What Corporate Counsel Need to Know About the Antitrust Guidance for HR Professionals

By Stephen Wu and Lauren Salins |

It might be time to review your company's antitrust compliance programs to ensure they address hiring and compensation practices and incorporate the safeguards described in recent regulatory guidance to minimize companies' antitrust risks.

Apple Accuses Nokia, Acacia of Antitrust Conspiracy

By Scott Graham |

Apple claims Nokia is using nonpracticing entities to harass the company with exorbitant patent royalty claims.

Bio-Rad headquarters in Hercules, CA

Bio-Rad Fails in Bid to Exclude Internal Communications in Ex-GC's Whistleblower Suit

By Ross Todd |

Bio-Rad Laboratories Inc. lost out on a bid to exclude wide swaths of internal company communications from evidence in a whistleblower retaliation suit brought by the company's former general counsel Sanford Wadler.

Hyundai's GC Steps Up After CEO's Departure

By Kristen Rasmussen |

W. Gerald Flannery, who has been with Hyundai since 1987, was appointed interim president and CEO, effective immediately. He will remain the company's chief legal and safety officer, continuing to oversee all legal matters in the United States.

A Braskem petrochemical plant in Brazil

Brazilian Company to Pay Record $2.6B Fine to Settle Foreign Bribery Case

By Mark Hamblett |

Settling wide-ranging bribery allegations for a record amount of money, Brazilian construction conglomerate Odebrecht SA admitted guilt Wednesday and agreed to pay $2.6 billion.

VW Agrees to Pay More Than $200M to Environmental Agencies in 'Clean Diesel' Case

By Amanda Bronstad |

Volkswagen has agreed to pay $225 million to environmental regulators and recall more than 80,000 of its 3.0-liter diesel vehicles that cheated emissions tests.

U.S. Court of Appeals for the Ninth Circuit

Appeals Court Won't Revisit Decision Driving Uber Class Action into Arbitration

By Ben Hancock |

The U.S. Court of Appeals for the Ninth Circuit on Wednesday declined to revisit a September ruling that steered class action claims on behalf of thousands of Uber drivers into arbitration.

US Department of Labor's 2016 By the Numbers

By Rebekah Mintzer |

As President Barack Obama's second term comes to an end and President-elect Donald Trump's begins in January, the U.S. Department of Labor could look very different this time next year, but here's how it fared in 2016.

Wells Fargo bank in Washington, D.C.

Looking for the exits

By Sue Reisinger |

The false account scandal cost employees their jobs, and it went to the top of the bank's corner suite.

In 2016, Wells Fargo and Samsung Showed How Not to Handle a Crisis

By Jennifer Williams-Alvarez |

There were no shortage of corporate crises in 2016. When confronted with a crisis of their own, companies would be wise to follow the cues of Apple Inc. and The Wendy's Co. while avoiding the missteps of Wells Fargo & Co. and Samsung Electronics Co., according to the crisis communications firm CrisisResponsePro.

The Turtles performing

Court Rules That NY Common Law Does Not Protect Pre-1972 Sound Recordings

By Joel Stashenko |

No common law right of public performance exists in New York state to compel Sirius XM Radio to pay fees for the use of pre-1972 sound recordings by popular artists such as The Turtles, the state's highest court ruled Tuesday.

2016-2017 ABA president Linda Klein.

ABA Accuses Government of Reneging on Law School Loan Forgiveness

By Ross Todd |

A new suit claims the Department of Education is pulling the rug out from under public interest lawyers who were told they qualified for federal loan forgiveness.

The FDA in 2016: Watch What You Eat

By Stephanie Forshee |

The FDA paid more attention to ingredients and how products were labelled after being pressured by consumers. What does it mean for producers?


Arbitrations in 2016: Faster, But Are They Fair?

By Rebekah Mintzer |

Judges questioned these proceedings and their fairness as companies tried to stem the tide of labor litigation.

The Year That Franchise Employee's Status Was Questioned

By Jennifer Williams-Alvarez |

Who employs the employee? That was a crucial question for the courts in 2016.

Daniel Trujillo Sr. VP and Chief Compliance Officer, Walmart International

Wal-Mart International's Compliance Chief on What's Next

By Daniel Trujillo |

Despite tech advances, compliance is still down to people doing the right thing.

Software, 2017: Does Alice live here any more?

By Scott Graham |

Federal Circuit judges spar over software patents. Will they ever agree?

Rules of the Road for Using Experts in International Arbitration

By Gilbert A. Samberg |

The parties often have the burden and opportunity to fashion rules concerning the use of experts that fit the needs of the dispute.

So Much for the FTC's Power Grab?

By Stephanie Forshee |

Trump's administration will likely reverse ad policies the agency has pursued.

Finally, Will 2017 Mean R.I.P. for the Billable Hour?

By David Ruiz |

The technology to kill it off is there. But there still might be a place for it.

Virtual Retailers, Meet the Bricks and Mortar World

By Jennifer Williams-Alvarez |

This might be the year that Amazon et al. get dragged down to earth.

Working In-House? Guess What--You're an IT Person, Too, Now

By Sue Reisinger |

Corporate counsel already have a full task list. Add another role to that.

Nissan autonomous car prototype (using a Nissan Leaf electric car) exhibited at the Geneva Motor Show 2014.

Regulation: With Laws for Autonomous Cars, It's Pedal to the Metal

By Amanda Bronstad |

States and the feds come up with rules for self-driving vehicles.

In this Oct. 25, 2016 picture the headquarters of the German technology concern Aixtron in Herzogenrath , Germany, is photographed. The German government says it withdrew permission for a Chinese company to purchase semiconductor equipment company Aixtron due to security concerns. Germany announced Monday Oct 24, 2016 that it was reconsidering the takeover bid by China's Fujian Grand Chip but didn't state a reason. ( Oliver Berg/dpa via AP,file)

Strains in U.S.-China Relations Expected to Affect Legal Sector

By Anna Zhang |

Committee on Foreign Investment in the U.S. has disapproved several high profile Chinese investments recently; meanwhile suspicion of Chinese companies' motives and the influence they might have in the U.S. economy grow among members of Congress. What will Chinese investments into the U.S. look like next year under the Trump presidency?

Amar D. Sarwal, vice president and chief legal strategist at the Association of Corporate Counsel.

Why This California Case Is Driving a Wedge Between Law Firms and Clients

By Ben Hancock |

Dozens of major law firms are lining up against their corporate clients in an awkward faceoff at the California Supreme Court.

Frank Maas, JAMS mediator and arbitrator.

E-Discovery in Review 2016: US Magistrate Judge Maas Looks Back at FRCP Amendments

By Ricci Dipshan |

As he joins commercial dispute resolution services provider JAMS, Judge Maas reflects on how the amendments have been used and misused by litigators and judgers alike.

December Brings Flurry of GC Hires

By David Ruiz |

As a new year brings refreshed, vacation-happy workers—and sometimes renewed budgets—many companies go on a GC hiring spree.

Columbia University's Low Memorial Library.

Columbia Files Objection with NLRB Over Union Vote by Teaching Assistants

By Rebekah Mintzer |

Columbia University has filed objections with the National Labor Relations Board over a recent to an on-campus election in which teaching and research assistants voted to form a UAW-affiliated union.

Panasonic Corp.'s general counsel, Damien Atkins.

How Panasonic's GC Landed His Top Job

By Jennifer Williams-Alvarez |

Panasonic Corp. of North America general counsel Damien Atkins knew from the start of his legal career that he didn't want to end up at a firm. He wanted to be a general counsel. The question was, how to get there? Atkins says that it was a long process, but there is an art to it.

10 Airplane Horror Stories That Spawned Damage Suits

By Amanda Bronstad |

'Tis the season for cramped airplanes – and lawsuits. Luggage falling on heads and hot tea spilling in laps &ndash are just some of the routine incidents on today's flights that sometimes end up in injury suits.

Johnson & Johnson's baby powder.

Axiom Signs Five-Year Deal with Johnson & Johnson

By Alex Berry |

Pharmaceutical company Johnson & Johnson has signed a five-year contract with alternative legal services provider Axiom.

Nine Steps General Counsel Can Take to Improve Their Succession Planning

By Lee Hanson and Victoria Reese |

Succession planning is an ongoing process—not something you do once or every few years.

Column: Will Trump Make America Corrupt Again?

By Michael D. Goldhaber, The Global Lawyer |

President-elect Donald Trump once called the Foreign Corrupt Practices Act a "horrible law." Will the U.S. continue to play the role of global corporate corruption cop?

Larissa Zagustin, general counsel of Americas for Viacom.

From Venezuela to Viacom: An Attorney's Path from Caracas to General Counsel for the Americas

By Monika Gonzalez Mesa |

Viacom Americas general counsel Larissa Zagustin, a lawyer in the U.S. and Venezuela, as well as a UK solicitor, discovered work-life balance is a choice.

U.S. Securities and Exchange Commission building in Washington, D.C.

'Zombie' Whistleblower, Denied Award for Tip, Takes SEC to Court

By C. Ryan Barber |

They are called "zombie" whistleblowers—tipsters who came forward to federal regulators before the Wall Street reform laws of 2010 and then return to try to reap the benefits of a bounty program created by the postcrisis reforms. Those award applications have been dead on arrival, the tips deemed to have come too early to be eligible for an award under rules set by the U.S. Securities and Exchange Commission in the Dodd-Frank Act. But that hasn't stopped those whistleblowers from pressing their claims—beyond the SEC—for an award.

U.S. Securities and Exchange Commission building in Washington, D.C.

With FCPA Probe Behind It, Och-Ziff Hires New GC From Deutsche Bank

By Sue Reisinger |

After a shaky year for its legal department, Och-Ziff Capital Management Group has named David Levine its new chief legal officer, effective January 23. Levine has been with Deutsche Bank since 2001.

What OSHA's New Drug Testing Rules Mean for Employers

By Brooke T. Iley and Sydney V. Jones |

Although a Texas federal court's ruling doesn't mean that OSHA will ultimately prevail against challenges to its new regulations, employers must nonetheless act now, since the court gave OSHA the green light to begin enforcement.

Banking Industry Vet Leaves BoA for Online Lender

By Jennifer Williams-Alvarez |

A veteran member of Bank of America's legal department has left for the online lending company Swift Financial Corp.

Bio-Rad headquarters in Hercules, CA

Bio-Rad Spars With Ex-GC Over Scope of Privilege in Whistleblower Trial

By Ross Todd |

The company says information Sanford Wadler gleaned as GC can't be disclosed. But Wadler and the SEC say federal whistleblower laws allow its use.

The EEOC's Big Year—By the Numbers

By Rebekah Mintzer |

During the U.S. Equal Employment Opportunity Commission's last full year of work under President Barack Obama, the agency was busy issuing new guidance and bringing enforcement actions. Here's a by-the-numbers look at the commission's big year.

Elaine Herrmann Blais of Goodwin Procter.

Q&A: What's Ahead for Biosimilar Litigation and the 'Patent Dance'

By Scott Graham |

Goodwin Procter partner Elaine Herrmann Blais discusses the biologics case that's expected to reach the Supreme Court and why a repeal of the Affordable Care Act could have unwelcome ripple effects.

Johnson & Johnson's baby powder.

Plaintiffs Lawyers Fighting to Keep Talc Cases Out of MDL, In State Courts

By Amanda Bronstad |

Plaintiffs lawyers are fighting to keep their talcum powder cases against Johnson & Johnson out of multidistrict litigation in New Jersey federal court; aiming to return them to state courts, where juries in Missouri have awarded megaverdicts to women who said the products caused them to get ovarian cancer.

Deutsche Settles Charges With NY, SEC Over 'Dark Pool' Technology

By Rebekah Mintzer |

Deutsche Bank has agreed to pay a total of $37 million to settle allegations that it violated securities laws by misleading investors in connection with a proprietary equities order routing system.

GCs Are Questioning Their Outside Counsel About Cybersecurity

By Jennifer Williams-Alvarez |

The vulnerability of law firms to cyberattacks, already one of the big legal stories of 2016, is back in the news now that a judge has unsealed a class action lawsuit alleging the firm Johnson & Bell doesn't adequately protect client information from hackers. In-house counsel say the lawsuit is a good reminder of the importance of questioning outside firms about their cybersecurity efforts.

Anahita Thoms

Reducing Sanctions Risk: Complying Without Over-Complying

By Anahita Thoms |

Anahita Thoms, of Freshfields Bruckhaus Deringer, points out that while an effective and dynamic compliance program is essential for companies to navigate around legal pitfalls successfully, the complexity of current sanctions regimes need not always chill investment in risky jurisdictions. Companies should take all necessary steps to comply with applicable sanctions rules, but they need not over-comply by subjecting themselves to a standard stricter than what those regimes themselves impose. The article discusses the commonly recognized elements of an effective sanctions compliance program, some of the ways in which the global sanctions system can create complex issues, and how to reduce risk in complicated jurisdictions.

5 Legal Tech Startup Areas to Watch For in 2017

By Gabrielle Orum Hernández |

As 2016 closes out, here are some areas that seem ripe for growth in the coming year

Rebecca House, Rockwell Automation, Milwaukee WS.

Rockwell Automation Snags GC From Harley-Davidson

By Kristen Rasmussen |

Rockwell Automation, a Fortune 500 industrial software and robotics firm based in Milwaukee, announced earlier this week the appointment of Rebecca House as senior vice president, general counsel and secretary, effective Jan. 3. She replaces Douglas Hagerman, who is retiring after 12 years.

Protecting Trade Secrets With an Effective Need-to-Know Policy

By David Prange and Ari B. Lukoff |

This article discusses several considerations a company should address when implementing a need-to-know information protection policy.

Domino's Hires New GC From an Unlikely Place: Equinox

By David Ruiz |

Kevin Morris will lead the Domino's Pizza legal department starting early next year. He leaves behind his similar role at a fitness company operator.

Racketeering Case Against State Farm Headed to Trial

By Sue Reisinger |

The policyholders who sued State Farm Mutual Automobile Insurance Co. and its in-house counsel for racketeering have cleared a major hurdle after a federal appeals court denied State Farm's petition to block the class action.

3 Technologies Set to Modernize Corporate Legal Departments in 2017

By Ricci Dipshan |

Don't know exactly what artificial intelligence, blockchain and compliance technology are? That's OK, here's a quick explainer to show how they could help.

Kenneth Parker at Haynes and Boone

Patent Bar Braces for Game-Changing Supreme Court Case

By Scott Graham |

The ruling in 'TC Heartland' could shut down Texas as a center for patent litigation—and that could have ripple effects.

The Billable Hour Just Won't Die, Report Finds

By Jennifer Williams-Alvarez |

While alternative fee arrangements are gaining popularity, data recently collected by the consultancy Blickstein Group Inc. shows that discounted hourly billing rates are still much more common than AFAs.

U.S. Supreme Court building in Washington, D.C.

Where to Sue: The Hot Business Topic Facing SCOTUS This Term

By Tony Mauro |

Business litigators and industry groups are eyeing several petitions in disputes over personal jurisdiction — a nonsexy but crucial area of the law that governs where companies can be sued.

Better Drafting Through Understanding Industry Financial Metrics

By James A. Grayer |

Drafting representations, warranties and covenants can be affected by the relevant industry financial metrics. This article looks at three different financial metrics in three different industries to illustrate this point.

Workers Are Venting Anonymously on Apps. What Can In-House Counsel Do?

By Kristen Rasmussen |

Employees increasingly are taking to an anonymous chat app called Blind to vent about their employers. Since there's nothing companies can do to ban Blind, they'd be wise to monitor the app and use it to improve their compliance efforts, employment lawyers say.

Eastern District of Texas,  Sam B. Hall in Marshall Texas.

Supreme Court Agrees to Hear Blockbuster Patent Venue Case

By Jan Wolfe |

In a win for the tech industry, the U.S. Supreme Court agreed on Wednesday to hear a case that could move patent cases out of the Eastern District of Texas.

FIFA flags at the entrance to the head office in Zurich

FIFA Scandal Leads to Legal Shake-up and Delayed Prosecution for Argentine Company

By Sue Reisinger |

A South American sports marketing company has replaced its chief legal officer along with compliance and other managers as part of a shake-up over paying bribes and kickbacks to FIFA world soccer officials.

CNN Can't SLAPP Down Employment Suit, Appeals Court Rules

By Ben Hancock |

The 2-1 decision from an L.A. appeals court revives a 2014 discrimination suit against CNN by an Emmy Award-winning news producer.

Blockchain 101 for the Non-Techie Lawyer

By Ricci Dipshan |

Pick apart the once obscure technology and you’ll find an innovation that stands to disrupt law as we know it.

Pleading Patent Claims Now Requires More Detail, But How Much?

By Steven G. Spears |

What must you plead about the asserted claims and the accused products? Must you plead facts plausibly showing that each claim element is met?

Wells Fargo CEO John Stumpf testifies before the Senate Banking Committee, addressing the scandal relating to the bank's opening of fake bank accounts without customer knowledge, on Tuesday, September 20, 2016.

Wells Fargo Scandal Spins Off Work to Web of Law Firms

By Ross Todd and Ben Hancock |

Lawyers at Shearman & Sterling, Munger, Tolles & Olson and Williams & Connolly are among those tapped by the bank and its executives to defend government investigations and class action suits.

Nancy Erika Smith of Smith Mullin.

Lessons from a Prudential Whistleblower's Lawyers

By C. Ryan Barber |

Catching up with Nancy Erika Smith and her husband Neil, who run the New Jersey whistleblower firm Smith Mullin, about the latest whistleblower scandal to hit Prudential Financial Inc.

2016-  Johnson & Johnson Office in North America. from Flickr

J&J's Top IP Counsel Steps Down. Is the PTO His Next Stop?

By Jennifer Williams-Alvarez |

Johnson & Johnson announced on Dec. 9 that its top in-house intellectual property lawyer, Philip Johnson, plans to step down in February.

Eugene Soltes, associate professor at Harvard Business School

What Makes White-Collar Criminals Tick?

By David Hechler |

A business professor asks them, and tells us what he learned in his new book.

P. David Lopez.

Former Top EEOC Lawyer Under Obama to Build Firm's DC Office

By Rebekah Mintzer |

P. David Lopez, the former U.S. Equal Employment Opportunity Commission general counsel who left the agency last week, said it is too early to know how President-elect Donald Trump will approach EEOC enforcement. But he pointed to broad political support for antidiscrimination laws as a positive sign for the commission’s existing enforcement initiatives. Lopez is joining the New York firm Outten & Golden to help build its first Washington office.

Patent Lawyers See a Surge in Brand-Name Drug Company Lawsuits

By Jennifer Williams-Alvarez |

When brand-name drug companies go to court, it's usually to fight with a generic competitor. But that's changing. More than ever before, brand-name drug companies are bringing patent cases against each other. Patent litigators say the "brand vs. brand" trend is here to stay, so legal departments may need to rethink some strategies.

Rosario Palmieri, Vice President, Labor, Legal and Regulatory Policy at the National Association of Manufacturers

Manufacturers Offer 'Blueprint' for Growing Jobs by Easing Regulations

By Sue Reisinger |

The National Association of Manufacturers this week released a "regulatory and legal policy blueprint" that suggests how the Trump administration can increase jobs by trimming back regulations on companies and reforming the legal system.

Party Till You Drop—Or, Till You Get Sued

By Sue Reisinger |

'Tis the season to be merry and maybe get a little out of control at the office party. Here's how not to get into legal hot water.

Donald Trump.

Who Will Head the PTO Under Trump?

By Scott Graham |

The president-elect will meet with tech leaders this week, but some anticipate he'll look to pharma for an IP chief who supports strong patent rights.

U.S. Securities and Exchange Commission building in Washington, D.C.

Four Steps of Cooperation During an SEC Investigation

By Neal Marder, Peter Altman and Josh Rubin |

Here are key steps that both in-house and outside counsel should take each time they are faced with an SEC investigation in order to best position a company for credit.

Jeffrey S. Kerr, General Counsel and Senior Vice President of Corporate Affairs PETA Foundation

Q&A: An Interview With PETA's General Counsel

By Anthony Paonita |

Leading PETA's legal group is Jeff Kerr, a genial, fast-talking general counsel whose smile belies a tough legal mind. Corporate Counsel editor Anthony Paonita chatted with Kerr about the department, how it litigates, and how Kerr and his colleagues try to extend legal protection to animals.

Intelligent Contracts—Is This the Way Forward for Enterprises?

By Kevin Gidney |

The intelligence comes from the ‘I’ in AI (artificial intelligence), where a system is taught to continually and consistently recognize and extract key information from contracts, with active learning based on users’ responses, both positive and negative, to the extractions and predictions made.

UK Insurance Group LV= Completes Panel Review

By Alex Berry |

LV= has completed a review of its legal panel, which has seen the insurance company retain all four of its existing core advisers.

FRCP Amendments Dominate 2016 Federal E-Discovery Cases, Report Finds

By Ricci Dipshan |

A Kroll Ontrack report highlights how many 2016 opinions sought to better educate attorneys on proportionality, and fine-tune ESI preservation processes.

Judge Jimmie V. Reyna of the U.S. Court of Appeals for the Federal Circuit

Federal Circuit Gives PTO Pushback on AIA Procedures

By Scott Graham |

Judge Jimmie Reyna and other judges sounded inclined Friday to relax the rules for revising patent claims during inter partes review.

The Practical Global Corporate Data Approaches to the EU-US Privacy Shield

By Dan Panitz, DTI and H. Bruce Gordon, Teva Pharmaceuticals |

Corporate business processes that satisfy regulators and complainants under Privacy Shield can be delivered by corporations in a cost and process effective way.

Michael Stevens, partner at Alston & Bird.

GCs Are Watching Portland's Tax on Pay Ratios

By Sue Reisinger |

General counsel and their companies are closely following a new Portland, Oregon, tax that is based on the pay disparity between CEOs and average workers. This week Portland became the first in the U.S. to impose such a tax on about 550 businesses, but it could spread to other cities.


Chicago's Johnson & Bell First US Firm Publicly Named in Data Security Class Action

By Roy Strom |

In the first public data security class action complaint against a U.S. law firm, Chicago-based Johnson & Bell was named in a lawsuit that says the firm failed to protect confidential client information.

Oscar Romero.

After In-House Careers, Lawyers Find Freedom in Launching Consulting Firms

By David Ruiz |

Though it is rare to go from in-house counsel to startup founder, a few lawyers have done just that in recent years. They find freedom and anxiety in the move.

Post Subsidiary Agrees to Pay $75M in Eggs Antitrust Case

By P.J. D'Annunzio |

Michael Foods, a subsidiary of packaged food producing giant Post, announced it will pay $75 million to settle claims against it in the egg antitrust litigation in federal court.

Diversity in the workplace illustation.

What Will Fix Legal's Diversity Problem? Analytics May Be the Start

By Gabrielle Orum Hernández |

Wal-Mart and Goodwin Procter leaders are using diversity metrics to force legal organizations to push for more diverse workplaces.

U.S. Commodity Futures Trading Commission (CFTC) building.

Contender to Lead CFTC Pitches 'Do No Harm' Approach to Fintech

By Rebekah Mintzer and Mike Scarcella |

J. Christopher Giancarlo, a contender to head the Commodity Futures Trading Commission, on Friday presented his vision for a "forward-looking" agenda at the agency, including greater U.S. regulatory promotion of financial technology.

Google UK and Ireland Legal Head Leaves for General Counsel Role at Tech Startup

By Anna Ward |

Google’s UK and Ireland legal chief Emma Jelley has left the company to become general counsel at tech startup Onfido.

Headquarters of Johnson & Johnson in New Brunswick, N.J.

Facing Huge Verdicts, J&J Keeps Switching Its Lead Counsel

By Jennifer Williams-Alvarez |

It's hardly surprising that Johnson & Johnson has hired a small army of lawyers to defend it in the many product liability cases it's facing, including the one that ended in a $1 billion verdict last week. What's more interesting, however, is J&J's approach to putting together its trial teams. The pharma giant keeps switching its lead counsel—a sign that J&J thinks it should be winning these cases, lawyers say.

Vice President-elect Mike Pence shakes hands with Andrew Puzder, chief executive of CKE Restaurants, after meeting with President-elect Donald Trump (C), while leaving the clubhouse of Trump International Golf Club, November 19, 2016 in Bedminster Township, New Jersey.

Fast-food CEO and Regulation Foe Andrew Puzder Is Trump Pick for DOL Chief

By Rebekah Mintzer |

Fast-food executive and attorney Andrew Puzder, expected to be President-elect Donald Trump's nominee to lead the U.S. Labor Department, is a sharp critic of Obama administration regulations whose appointment could roll back efforts to expand corporate liability and raise worker wages.

FILE - In this Aug. 21, 2015, file photo, former NBA star and current owner of the Charlotte Hornets, Michael Jordan, smiles at reporters in Chicago. President Barack Obama is honoring Jordan, Cicely Tyson, Tom Hanks, and others with the Presidential Medal of Freedom, the nation's highest civilian honor. (AP Photo/Charles Rex Arbogast, File)

Michael Jordan Wins Trademark Case in China's Top Court

By Anna Zhang |

China's top court has ruled that former NBA star Michael Jordan owns the trademark rights to his name in Chinese characters.

Corporate Lawyers at Risk as Cyberattacks Target IP, 'Legal Data'

By Ricci Dipshan |

A SANS Institute Survey found cybercriminals are increasingly shifting their focus toward attorney-managed enterprise data.

Barclays Puts Emphasis on Innovation with Six Firms Appointed to New Panel

Six of Barclays’ core advisers have won places on a new legal innovation panel being piloted for the bank, with Ashurst and Simmons & Simmons among those making the cut.

Mark Perry, Gibson Dunn partner

Appeals Court Casts Doubts on Smartflash's Patent Win Over Apple

By Scott Graham |

Two judges signaled the patents claim ineligible subject matter under Section 101 of the Patent Act.

U.S. Magistrate Judge Amos Mazzant of the Eastern District of Texas

5th Circuit Grants Expedited Hearing in Overtime Rule Litigation

By Miriam Rozen |

The U.S. Court of Appeals for the Fifth Circuit granted an expedited hearing for the Department of Labor in the overtime litigation.

Hartmut Hoehle, assistant professor of information systems in the Sam M. Walton College of Business at the University of Arkansas

After a Data Breach, Don't Throw Money at Customers. It Can Backfire.

By Kristen Rasmussen |

After a data breach, some companies will go out of their way to compensate customers in hopes of repairing their image. Interestingly, this post-breach strategy of lavishing customers with attention can backfire and actually make them suspicious of the company, according to new research by a group of information systems professors.

10 Tips for Planning, Leading and Learning From a Cybersecurity Tabletop Exercise

By Marcus Christian, Jeffrey Taft and Joshua Silverstein |

An organization's incident response team must practice if they're going to be prepared for an actual incident.

Asian Companies Are Opening Up About Their Sustainability Practices, Report Finds

By Sue Reisinger |

Disclosure of sustainability practices has surged in the Asia-Pacific region, according to a new report from The Conference Board.

Five Employment Visa Issues to Watch In a Trump Presidency

By Rebekah Mintzer |

President-elect Donald Trump has vowed to reform immigration; here's how some employment visa programs could change under his administration.

The Slants

Rock Band Releases Song for Supreme Court Trademark Battle

By Tony Mauro |

The Slants, an Asian-American rock band battling the U.S. Patent and Trademark Office, is also rallying fans and raising money on a crowdfunding site.

Magistrate Judge Nathanael Cousins, Northern District of California

Judge Awards Fees in Discrimination Suit Against Uber

By Ross Todd |

Despite complaints from Uber that the fee request was inflated, Judge Nathanael Cousins awarded three law firms $2.4 million for their work on a class action alleging discrimination against blind riders.

U.S. Supreme Court Justice Stephen Breyer

In Latest Patent Case, Supreme Court Asks How Much Is Enough for Induced Infringement

By Scott Graham |

Justice Stephen Breyer seemed persuaded on Tuesday that supplying a single component of a product for overseas assembly isn't enough to trigger extraterritorial application of U.S. patent laws.

FOIA Ruling Goes Against Sears Deputy GC Testimony

By Stephanie Forshee |

Despite the best efforts of one of its in-house counsel, Sears Holdings Corp. has lost a bid to block the release of data on food stamp usage by its customers.

With GC Retiring, Eaton to Promote Deputy

By David Ruiz |

Eaton Corp. plc named Heath Monesmith as its next general counsel. Monesmith will inherit the legal department effective March 1, 2017, succeeding GC Mark McGuire, who will retire at that time.

Due Diligence Alert for M&A Attorneys: Look Out for the AIA!

By Orion Armon and Britton Davis |

Almost every M&A transaction includes diligence on intellectual property issues. Two new risks should be considered: statutory estoppel and statutory bar provisions.

From left, Joel Cohen, Shira Scheindlin, Alvin Hellerstein, John Leventhal, William Rashbaum

Judges and a Journalist Talk About Getting Along

By David Hechler |

A journalist and jurists talk about how to control the news at a panel discussion in Lower Manhattan.

National Labor Relations Board in Washington, D.C.

Business Group Claims Obama's NLRB "Upended" Years of Precedent

By Rebekah Mintzer |

A report by an industry-funded business group criticizes the National Labor Relations Board under President Barack Obama, claiming the board "upended 4,559 years of established law" in favoring labor interests.

One GC's Compliance Lessons in 2016

By Sue Reisinger |

Being a willing listener to co-workers was one of the top ethics and compliance lessons learned in 2016 for Casey Harris, general counsel of Univera Inc.

Michelle Lee, United States Patent Trade Office

At Stanford, Patent Experts Sound Off on Section 101

By Scott Graham |

A discussion Monday at Stanford University was an opportunity for big tech companies, entrepreneurs, bar associations and academics to hash out the impact of 'Alice' and other developments in patent eligibilty.

Robin Feldman, Hastings College of the Law

Big Pharma Using 'Citizen' Petitions to Slow Generics

By Sue Reisinger |

The citizen petition process gives ordinary citizens a way to voice safety concerns about a drug. But Robin Feldman, a law professor at the University of California, Hastings College of the Law, says that the process "has been hijacked" by the drug industry to delay generic competition.

John Chambers, Cisco executive chairman

Cisco Exec Says He Was Reluctant to Sue Arista

By Ross Todd |

Attorney John Desmarais stepped in Monday to handle testimony from Cisco's longtime CEO John Chambers in the company's IP trial against Arista Networks.

In Light of Recent FTC Actions, Review Your Privacy Policy

By Devika Kornbacher, Scott Breedlove, Janice Ta and Aislinn Affinito |

Every day billions of mobile and internet-enabled computers collect vast amounts of geolocation data about their users. While this ubiquitous collection of data can have social and economic benefits, it can also pose significant privacy and security concerns.

Justice Sonia Sotomayor.

Apple Loses to Samsung in Supreme Court Design Patent Case

By Tony Mauro |

The unanimous decision by Justice Sonia Sotomayor wipes out Apple's $399 million in design patent damages and sends the case back to the U.S. Court of Appeals for the Federal Circuit.

Elite Law Firms Increasingly Suing Clients to Collect Fees

By Christine Simmons |

In an era when demand for legal services is softening, the country's largest firms are increasingly going to courts and arbitration against their former clients to collect fees in what consultants say is the "new normal."

Background with money american hundred dollar bills

Salaries Rise for Early Career In-House Counsel, Report Finds

By David Ruiz |

Pay is going up for most in-house in the United States, including recent graduates, according to a recent survey from American Lawyer Media Legal Intelligence.

Privacy and Data Security Top List of Questions for Legal Experts About Drones

By Gabrielle Orum Hernández |

Uncertainty continues for legal experts and policymakers around issues of privacy and data security raised by the influx of drones circling the skies.

Photo by Jacqui Miller

NY AG Isn't Backing Down on Tanning Salon's 'Health Benefits'

By Stephanie Forshee |

As the tanning industry faces increasing scrutiny over its dubious health claims, some salons have been quietly scrubbing these claims from their websites.

Thomas Curry, U.S. Comptroller of the Currency.

Regulators Move to Let Fintech Startups in 'Front Door' With National Charter

By Rebekah Mintzer |

The Office of the Comptroller of the Currency said it would give financial technology companies providing banking products and services the opportunity to apply for special purpose national bank charters.

Dutch banks ABN AMRO and NIBC kick off panel reviews

By Alex Berry |

Dutch banks ABN AMRO and NIBC have both kicked off reviews of their legal panels, Legal Week has learned.

How In-House Counsel Can Protect IP During M&A Talks

By Jennifer Williams-Alvarez |

In a recently filed lawsuit, a small California company called Olaplex alleges it is living every startup's worst nightmare. Olaplex says it revealed its intellectual property to an industry giant interested in acquiring it, but then talks fell through and the larger rival launched suspiciously similar products. Intellectual property lawyers say the case highlights some of the risks associated with mergers and acquisitions.

William Clark center testifies at a Senate Health & Human Services committee meeting in opposition to senate bill 141. Photo by John Disney/Daily Report.

Demystifying Vetting: A Guide for Prospective Political Appointees

By Robert N. Weiner, John B. Bellinger III, James P. Joseph and John A. Freedman |

This article lays out what an individual going through this process can expect.

Wing Chau exits the Jacob K. Javits Federal Office Building in 2014.

'Big Short' Investment Advisor Can't Bypass SEC Trial

By Mark Hamblett |

An investment advisor's claim that the Securities and Exchange Commission improperly chose to pursue him in an in-house administrative proceeding rather than in federal court was dismissed Friday by the U.S. Court of Appeals for the Second Circuit.

University of Oregon GC Asked to Probe Free Speech Dispute

By Sue Reisinger |

The University of Oregon has asked its general counsel, Kevin Reed, to look into whether the school's athletic department is violating university free speech policies by allegedly threatening to pull the credentials of reporters who try to speak directly with student athletes.

Business Insider Promotes In-House Lawyer to GC Role

By Stephanie Forshee |

Business Insider announced Thursday that Michael Kingfield will be stepping into the role of general counsel. Kingfield was the company's first in-house lawyer.

the 2014 Dodge RAM 1500 EcoDiesel truck.

Fiat Chrysler Accused of VW-Style Emissions Cheating

By Ben Hancock |

Fiat Chrysler Automobiles N.V. and German engineering firm Bosch were hit Thursday with a new class action alleging that thousands of Dodge and Jeep diesel vehicles advertised as eco-friendly use the same kind of "defeat devices" that Volkswagen A.G. used to cheat U.S. emissions tests.

Four Things You Need to Know about Federal Anti-Hacking Statutes in Employment Disputes

By Mark H. Moore |

This article will review some of the key upshots for in-house lawyers from recent cases.

Grant Fondo of Goodwin Procter.

Blockchain Company Seeks First In-House Lawyer in Developing Space

By David Ruiz |

An unusual startup is looking for its first in-house counsel. The lawyer will inherit typical responsibilities—managing contracts, drafting and structuring software licenses, overseeing vendors and handling outside counsel. But the lawyer also needs to understand a burgeoning technology: blockchain.

Feds Announce Effort to Target 'Avalanche' Global Cybercrime Ring

Avalanche's server hosts "more than two dozen of the world's most pernicious types of malware and several money laundering campaigns."

HHS Cracks Down on Health Care Privacy Violations Under HIPAA

By Rebekah Mintzer |

The U.S. Department of Health and Human Services broke previous records for enforcing the privacy provisions of the Health Insurance Portability and Accountability Act in the last fiscal year, extracting $25.6 million in settlement payments.

What You Need to Know Now (and Ask Your Broker) About Cyber Insurance

By Daniel Garrie |

The cyber insurance market is fragmented and inconsistent. How can purchasers possibly make good governance decisions and properly limit their exposure?

Federal Trade Commission

Engineer's Suit Over FTC's 'Robocall' Contest Is Blocked in Appeals Court

When the Federal Trade Commission in 2012 announced a competition for “innovative solutions” to block automated sales calls, David Frankel, an engineer, thought he had a winning submission. He didn’t.

Business Demands Overshadow Cybersecurity Needs at Law Firms, Survey Finds

By Ricci Dipshan |

As firms focus on meeting efficiency demands, experts advise looking at cybersecurity as a business risk.

U.S. Attorney Preet Bharara at the 2014 Harvard Law School commencement ceremony. Photo by Martha Stewart.

Trump's Choice of Bharara Sends Message: We'll Bust Corporate Criminals

By Sue Reisinger |

The decision by President-elect Donald Trump to ask Preet Bharara to stay on as U.S. attorney in Manhattan sends a strong message that the Trump administration is going to be aggressive in prosecuting white-collar crime and corporate misconduct, according to former U.S. Attorney John Wood.

Consumer Financial Protection Bureau in Washington, D.C.

This Other Big CFPB Case Tests the Scope of Agency's Investigative Power

By C. Ryan Barber |

The Consumer Financial Protection Bureau isn’t exactly riding high right now. Here’s one more headache: a Washington appeals court will in the coming months decide just how far the agency’s investigative power reaches.

Wells Fargo.

GC of Scandal-Plagued Wells Fargo Postpones Retirement

By Jennifer Williams-Alvarez |

Wells Fargo & Co general counsel James Strother, who planned to retire at the end of this year, will stay on indefinitely as top lawyer in order to deal with the aftermath of the bank's recent fake accounts scandal. Strother turned 65 earlier this year, triggering the company's mandatory age-based retirement policy for members of the operating committee.

Important Change to Copyright Safe Harbor

By Matthew Hintz and Matthew Savare |

The Copyright Office mandated a new procedure for online service providers that goes into effect on Dec. 1.

Why GCs Don't Prevent Corporate Crime

By Donna Boehme |

Simply put, it's not their job. Only a true, modern compliance function can act as a gatekeeper.

Matthew Moore of Latham & Watkins.

How Big Law and Big Banks Took the Fight to Intellectual Ventures

By Scott Graham |

Shifts in patent law and a novel antitrust suit have helped the financial industry stand up to the patent enforcement giant.

5-Hour Energy drinks on sale.

Makers of Bogus 5-Hour Energy Drinks Convicted in First-of-Its-Kind Case

In a first-of-its-kind criminal prosecution of food and beverage counterfeiters, federal prosecutors in the Northern District of California have secured convictions of two central figures in a ring that produced millions of bogus bottles of the popular 5-Hour Energy drink.

Eric Felsberg.

Analytics in the Workplace: A Q&A with Jackson Lewis on Employment Law Data Science

By Ian Lopez |

Eric Felsberg, leader of the firm’s recently established analytics group, chats about how analytics can work for employers.

U.S. Appeals Court Weighs Scope of Job Protections for Gay Employees

By Rebekah Mintzer |

The federal Equal Employment Opportunity Commission on Wednesday argued in support of a gay woman who claims a South Bend, Indiana community college denied her a full-time job due to her sexual orientation. The U.S. Court of Appeals for the Seventh Circuit, sitting en banc, will decide whether the ban on gender-based employment discrimination under Title VII of the Civil Rights Act of 1964 also extends to sexual orientation.

Salaries up.

General Counsel Pay Just Keeps Rising

By Sue Reisinger |

Compensation for in-house counsel is up across the board, ranging from 3.7 percent to as much as 6 percent at some general counsel and expert counsel levels, according to just released data from HBR Consulting's 2016 Law Department Survey.

What's the Most Corrupt Country in the World?

By Sue Reisinger |

Nigeria, Angola and Yemen are the countries with the highest risk of bribery, according to a report released today from the anti-bribery group TRACE International.

Want Respect From the Business-Side? Focus on Fees, Report Says

By David Ruiz |

The most recent ACC law department report claims that legal departments using alternative billing have a better shot at being trusted by their companies.

Despite Benefits of Automation, Budget and Time Constraints Still Hinder In-house Tech Adoption

By Ricci Dipshan |

Slow budget growth and lack of time mean many legal technologies are out of reach for a significant amount of in-house counsel.

Sally Yates (March 24, 2015)

DOJ's Sally Yates Is 'Optimistic' Trump Won't Trash Namesake Enforcement Memo

By C. Ryan Barber |

Sally Yates, the second-in-command at the U.S. Justice Department, is getting a lot of questions these days as the Obama administration draws to a close.

Design Thinking and the Law

By Ryan McConnell and Amanda Catalani |

Good design isn't only for smartphones and cars. Alternative bill arrangements should also be well-designed.

It's Easier for Employers to Sue for Data Theft

By Nick Akerman |

Why a Ninth Circuit decision and an amendment to the Economic Espionage Act change the landscape.

Donald Trump.

Can Companies Fire Trump Supporters?

By Jennifer Williams-Alvarez |

A small business in New Mexico recently made headlines by suggesting it doesn't want employees who support President-elect Donald Trump. Can private businesses fire employees because of their political preferences? Employment lawyers say it depends, but would advise against it.

Computer Hacking

Exclusive: Third Parties Leaking Email Addresses, Passwords From Leading Firms on Dark Web

By Zach Warren |

Security experts provide Legaltech News with the most email addresses by law firm domain name compromised in third-party hacks. Do your firm's policies cover this threat?

Mayer Brown

Mayer Brown Revs Up Chicago Corporate Team With Fiat Chrysler GC

By Scott Flaherty |

Mayer Brown has bolstered its corporate and securities presence in Chicago with the hire of Marjorie Loeb from her former role as a senior vice president and general counsel of Fiat Chrysler Automobiles NV.

Donald Trump

As Trump Tests Legal Boundaries, Small DOJ Unit Poised for Big Role

By Zoe Tillman |

President-elect Donald Trump moved quickly in naming his picks for two key legal posts, selecting a conservative politician in Sen. Jeff Sessions to run the U.S. Department of Justice and a loyal adviser in Jones Day partner Donald McGahn II to serve as White House counsel.

Pedro Freyre

Cuba-Focused Lawyers Weigh Implications of Castro's Death

By Monika Gonzalez Mesa |

For lawyers assessing how Fidel Castro's death might affect economic and other relations with Cuba, the answer is a seeming paradox: It means both very little and a lot.

Lyons VA Hospital in Bernards Township, New Jersey.

Verizon's In-House Lawyers Come to the Aid of Veterans

By Stephanie Forshee |

Since 2012, in-house lawyers at Verizon have been holding a legal clinic for veterans. They meet once a month with veterans and help them with tasks like expunging criminal records and applying for disability benefits.

How Analytics in Trial Prep Can Give Lawyers the Upper Hand

By Dean Gaida |

In the past, lawyers had no choice but to pore over endless stacks of paper to find a case's key documents. Today's post-production case work is not much different, swapping stacks of paper for a mountain of electronic documents.

Uber Taps Cuatrecasas for Landmark EU Regulatory Case

By Rebekah Mintzer |

Uber Technologies Inc. said Monday that Cuatrecasas attorney Cani Fernandez will represent the company before the European Court of Justice in a landmark case determining how the ride-hailing service will be regulated in the EU.

Tracy Daw

Funko GC: "The Pace Here Is Frenetic. It's Invigorating."

By Stephanie Forshee |

Corporate Counsel spoke to Tracy Daw, the general counsel of pop culture toy maker Funko, about why he took the position and what his first months have been like so far.

Michael Winston

New Book Offers Advice on Scandal-Proofing Your Legal Department

By Sue Reisinger |

Michael Winston, a psychologist and former Fortune 100 executive, has written a new book, "World-Class Performance," which he calls a "secret weapon" to prevent your company from becoming the next corporate scandal.

Is Hooters Family-Friendly? Its GC Says Yes.

By Jennifer Williams-Alvarez |

The restaurant chain Hooters should give its general counsel and chief legal officer, Claudia Levitas, a round of applause. By testifying in court, she helped persuade a judge that Hooters is a family-friendly establishment worthy of a liquor license.

Putting the Brakes on Hackers

By Todd Benoff |

Cars may come with systems that make them safer—and vulnerable.

Is Justice for Sale in Illinois?

By Sue Reisinger |

How State Farm's in-house counsel allegedly played a key role in an effort to influence a state Supreme Court ruling

Legal Departments Scramble After Surprise Ruling on Overtime Pay

By Jennifer Williams-Alvarez |

An eleventh-hour ruling has spared companies from having to adjust salaries to comply with new overtime pay rules slated to go into effect Dec. 1. While many companies welcome the surprising decision, others were left scrambling, employment lawyers say.

Mary Jo White.

Big Data and Analytics Use 'Transformative' for SEC, White Says

By Rebekah Mintzer |

Securities and Exchange Commission Chair Mary Jo White, who will leave her post at the end of President Barack Obama's term, credited the use of big data analytics for helping with a record number of enforcement actions.

Cassie Sadowitz and Megha Parekh

How a Young Lawyer Landed a Pro Football GC Job

By Stephanie Forshee |

When the Jacksonville Jaguars take on the Buffalo Bills this Sunday, Cassie Sadowitz will be cheering them on. But she's not just any fan. She's the team's general counsel.

Many Large Companies Are Slashing Legal Budgets, Study Finds

By Jan Wolfe |

Did your legal department feel pressure to reduce spending in 2016? If so, you're far from alone, according to a report released by the consultancy CEB Global.

Help, a Customer Filed for Bankruptcy!

By Stuart L. Pratt and David M. Schilli |

There are strategies to maximize your company's recovery.

U.S. Magistrate Judge Amos Mazzant of the Eastern District of Texas

Texas Federal Judge Halts Obama Administration's New Overtime Rules

By Miriam Rozen |

A Texas federal judge issued a preliminary injunction halting the Obama administration's proposed regulatory revisions that would have doubled for most employees the salary threshold for overtime pay.

Small Device, Big Problems: Three Key Challenges With Mobile E-Discovery

By Ricci Dipshan |

From ever-changing technical demands to security and access considerations, mobile discovery can be an intricate and arduous task.

Madden NFL game

Ninth Circuit Blocks Coder From Recouping Madden Game Royalties

By Ben Hancock |

The U.S. Court of Appeals for the Ninth Circuit on Tuesday threw a penalty flag on a computer programmer's bid to recoup millions in royalties from Electronic Arts Inc. on sales of its popular John Madden Football video game series.

In-House Counsel Can Help Navigate a Crisis, Ex-AIG GC Says

By David Ruiz |

When companies face a crisis, they're going to immediately consult the legal department. So in-house counsel had better have a plan. That's the message from Stasia Kelly, co-managing partner at DLA Piper and former general counsel to companies including American International Group, Sears Holdings Corp and Fannie Mae.

E-Discovery Takes the Chaos Out of Your Bankruptcy Case

By Vincenzo Toppi and Yann Geron |

A comprehensive e-discovery program utilizes technology and data management tools to quickly access and review large volumes of financial and business data, as well as offer best practices to avoid potential future spoliation issues.

Bike Courier.

UK Battle Continues Over Gig Economy Workers' Rights

By Chris Johnson |

The legal battle over workers' rights in the so-called "gig economy" continues to intensify, with the first of four disputes relating to the employment status of bicycle couriers due to begin Tuesday.

Where We Stand 5 Months After the Brexit Vote

By E. Leigh Dance |

The months and the government haven't brought any clarity to what will happen next.

Judge Jimmie Reyna United States Court of Appeals for the Federal Circuit

Federal Circuit Tightens Standard for AIA Review

By Scott Graham |

Too many patents outside the realm of financial products and services are being swept into covered business method review at the U.S. Patent and Trademark Office, the U.S. Court of Appeals for the Federal Circuit ruled Monday.

Joel Rappoport

Jealous? Big-Firm Lawyer Lands In-House Gig in Hawaii

By Stephanie Forshee |

After three decades of working at law firms in Washington, D.C., Joel Rappoport has landed an in-house job at First Hawaiian, a Honolulu-based bank.

Olga Mack, ClearSlide general counsel

New In-House Networking Group Helps Women Land GC Jobs

By David Ruiz |

Olga Mack, now the GC at software sales company ClearSlide Inc., co-founded SunLaw, a group that provides networking and training opportunities to women working in-house who are in the middle of their careers.

Diane Brayton, New York Times general counsel

New York Times Appoints a New General Counsel

By Jennifer Williams-Alvarez |

The New York Times Co. announced Monday that Diane Brayton will succeed Kenneth Richieri as the company's top lawyer on Jan. 1, 2017. Richieri, who has held the general counsel role since 2006, will retire on Dec. 31, 2016.

President Barack Obama.

Five Labor and Employment Rollbacks That May Happen Under Trump

By Rebekah Mintzer |

The Trump administration could halt Obama-era labor rules including Fair Pay executive order; joint employer standard; "quickie" union election rules; DOL overtime rules and arbitration agreements in labor contracts, counsel say.

When Worlds Collide: Can Cybersecurity and Cyberprivacy Peacefully Coexist?

By Alan Brill |

Like it or not, every organization is going to have to figure out how to balance the needs of its cybersecurity program with the requirement to provide an effective privacy program.

In Egg Ruling, Ninth Circuit Sends Message to Businesses

By Ross Todd |

With the Trump administration vowing to rollback federal regulation, a decision Thursday from the U.S. Court of Appeals for the Ninth Circuit is likely to be parsed closely by industries that plan to attack California's strict regulatory climate.

U.S. District Judge Edward Chen, Northern District of California

Chen Hits Brakes on Uber Driver Suits

By Ben Hancock |

A pair of driver class actions against Uber Technologies Inc. that were once on the verge of being resolved for $84 million are now effectively stalled on the roadside.

Kerry Phillip.

Vodafone Global Enterprise Overhauls Legal Team and Ushers In New Technology

By Alex Berry |

Vodafone Global Enterprise has overhauled its in-house legal team through an 18-month transformation project that has seen the company introduce new technology and set up several offshore teams.

Gary Loeb.

Longtime Pharma GC Loeb Heads to Achaogen

By David Ruiz |

Longtime pharmaceutical industry general counsel Gary Loeb has landed a new gig at the up-and-coming therapeutics company Achaogen Inc.