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U.S. Supreme Court building

Patent Lawyers, Anticipating a Shake-Up, Warily Watch SCOTUS

By Scott Graham |

The U.S. Supreme Court is being asked to reassert a previous interpretation of the rules, which limited patent suits to the districts where companies are incorporated.

Uber headquarters in San Francisco

In Uber Appeal, Another Test for Digital Arbitration Pacts

By Andrew Denney |

A Second Circuit panel, reviewing a decision from Judge Jed Rakoff, is parsing just how prominently arbitration agreements must appear on an app or website for their terms to be enforceable.

Woman checking Heart rate Exercise Workout fitness Outdoor Smart watch Sport equipment

NY AG Settles With 3 Mobile Health App Makers on Misleading Claims Charges

By Kristen Rasmussen |

The developers of three popular health-related mobile apps have agreed to settle allegations that they potentially harmed consumers by making misleading claims about the accuracy of the technologies' results, the New York Attorney General's Office announced Thursday.

gavel_money

Lawyers Sound Off on First-in-a-Decade Class Action Changes

By Amanda Bronstad |

Here's what plaintiffs lawyers, public interest groups, class action critics and claim administrators have to say about proposed amendments that would crack down on serial objectors and promote modern means of communicating with class members.

IBM Watson

IBM's Watson Makes New Inroads Into Legal With Discovery, Business Research Offerings

By Rhys Dipshan |

IBM's announced expansion of Watson Discovery Service and the launch of Watson Company Profiler looks to further the AI platform's e-discovery and search technology.

Ian Ballon, Greenberg Traurig shareholder

EBay Cleared of Seller's Alleged Patent Infringement

By Scott Graham |

The underlying case involved users who sold wooden bee traps that allegedly violated a man's patent.

Joseph D. Wargo.

Alston & Bird Sued: Client Alleges Bad Advice, Cover-up Led to $7.6M Tax Bill

By R. Robin McDonald |

An Atlanta-based private equity investment firm is suing longtime legal counsel Alston & Bird over claims that Alston lawyers provided bad legal advice based on a multimillion-dollar math error—then allegedly attempted to cover it up.

Robin Cohen, partner at McKool Smith in New York City.

When Insurers Refused to Pay Verizon’s $48M Legal Bill, This Lawyer Hit Back

By Greg Land |

McKool Smith insurance recovery practice head Robin Cohen won big in Delaware, forcing insurers to pay Verizon's massive legal bill to several elite firms that successfully defended the company after a failed spin-off.

Four Pitfalls to Avoid in a Cyberinsurance Policy

By Stephen T. Raptis |

As more and more companies enter the burgeoning cyberinsurance marketplace, they often ask policyholder counsel like me how they can choose the best cyberpolicy when confronted with so many choices. When the marketplace was still in its infancy just a few years ago, this was a considerably harder question because the policy forms, including the scope of first party and liability coverages being offered by different insurers, varied so drastically.

U.S. Capitol building in Washington, D.C.

Here Are The Hill Lawyers Behind Obamacare Repeal Efforts

By By Kristen Rasmussen |

Here are some of the congressional attorneys playing a role in the health care legislation efforts, representing both parties, both chambers and various committees. They include Kim Brandt, chief oversight counsel, Senate Committee on Finance; Nick Bath, health policy director, Senate Committee on Health, Education, Labor and Pensions (HELP); Mike Bloomquist, deputy staff director House Committee on Energy and Commerce; Karen Christian, general counsel, House Committee on Energy and Commerce; Allison Halataei, general counsel, House Committee on Ways and Means; and Jane Lucas, legislative director for Sen. John Thune, R-South Dakota.

Instacart Strikes Deal to End Worker Classification Suit

By Ben Hancock |

The grocery delivery service will pay $4.625 million to resolve a nationwide class action but won't change the way it designates workers.

Technology

'Uber-izing' the IP Function

By David Kline |

Intellectual property leaders are tapping into powerful on-demand networks to help monetize portfolios.

ZTE Corp. Pleads Guilty to Violating Iran Trade Sanctions

By Sue Reisinger |

Chinese telecom giant ZTE Corp. pleaded guilty Wednesday to illegally shipping communications and surveillance equipment to Iran in violation of U.S. export controls, and agreed to pay record penalties that could reach $1.2 billion.

Making Smart Settlements When Insurance Is Involved

By Catherine Serafin |

If your company is sued, and insurance coverage is involved, settling both the claim against you (the underlying claim) and your insurance claim can get complicated. If you are not careful, a settlement of the underlying claim can adversely affect your insurance coverage, as can settling with fewer than all insurers where more than one policy provides coverage for a claim. Here are some common settlement scenarios and practical tips to help policyholders make smart settlements to maximize existing insurance coverage.

Meetup Website

Inside Meetup's Decision to Help Coordinate Immigration Ban Protests

By Stephanie Forshee |

When the president issued an immigration ban earlier this year, Meetup and its general counsel leaped into action.

Companies Challenge Secrecy Protocols for FBI National Security Letters

By Ben Hancock |

The Ninth Circuit heard arguments Wednesday in a long-running battle over rules barring businesses from telling customers when they've received requests for information.

Sullivan & Cromwell partner Jay Clayton testifies before the Senate Committee on Banking, Housing, and Urban Affairs during his confirmation hearing to become the next Chairman of the U.S. Securities and Exchange Commission in Washington.  March 23, 2017.

Dodd-Frank 'Should Be Looked at,' SEC Nominee Clayton Says

By Melanie Waddell, ThinkAdvisor |

Trump nominee tells Senate committee he has no 'specific plans' for a Dodd-Frank attack, and that mandated rules 'should go forward.'

Some of Varsity Brands' designs.

Did SCOTUS Miss Chance to Fine-Tune IP Protection for Apparel?

By Scott Graham |

While the U.S. Supreme Court's copyright decision on cheerleader uniforms strengthens IP protection for fashion designers, some copyright lawyers said the high court missed a golden opportunity to provide more clarity.

U.S. Supreme Court.

Supreme Court Ends Laches Defense in Patent Cases

By Scott Graham |

To the surprise of no one, the U.S. Supreme Court on Tuesday ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.

Oracle.

From the Ground Up: Inside Oracle's Knowledge Management Project

By Rhys Dipshan |

Ameen Haddad, ‎assistant general counsel at Oracle and head of its knowledge management project, discusses KM's complexities and opportunities.

A large crowd rallies on the steps of the U.S. Supreme Court, led by top Democrat lawmakers, to denounce President Donald Trump’s executive order banning immigration from 7 Muslim-majority countries, on January 30, 2017.

Tech GCs Tell Us About How Their Companies Become a Court 'Friend'

By David Ruiz |

As more than a hundred companies used the court system to show opposition to the president’s travel bans, GCs say the process involves a few, quick conversations and stakeholders.

How Do I Secure My World? Keeping Info Safe as Lines Blur Between Personal, Professional Lives

By Ian Lopez |

IBM CISO Shamla Naidoo said at ABA Tech show that much of preventing organizational cyber threats hinges on the individual.

U.S. Federal Trade Commission building.

Why a Surgical Divestiture May Not Be Enough

By Jon B. Dubrow and Gregory E. Heltzer |

Some business people think that if a competition issue arises in a transaction it can be resolved by a surgical divestiture or other remedy. Proceeding with a deal based on that assumption creates significant business risk. Recently, there have been many high-profile transactions in which the government and courts rejected the remedy offered by the merging parties. Those deals were blocked by the Federal Trade Commission (FTC) or the Department of Justice (collectively, the agencies) and/or the courts, and in some cases resulted in multi-billion-dollar breakup fees.

McDonald's Trump Tweet Reveals Social Media Dangers for Legal

By Jennifer Williams-Alvarez |

A recent tweet from McDonald's shows how important it is to have a plan to handle—and sometimes vet—social media at companies.

Peter Stris of Stris & Maher  and Jeffrey L. Fisher, co-director of the Stanford Law School Supreme Court Litigation Clinic.

Supreme Court Weighing Microsoft Case Over Class Certification Appeals

By Amanda Bronstad |

The U.S. Supreme Court on Tuesday grilled lawyers in a high-profile class action about a controversial procedural tool that allows plaintiffs to appeal a class certification order by dismissing their own case.

Statutory Damages: The Future of Cybersecurity Litigation

By Thomas G. Rohback and Patricia M. Carreiro |

After 'Spokeo', some courts took the decision to be an exclamation point on their continuing dismissals of cases for lack of standing where there hasn’t been concrete harm. Other courts, however, recognized the subtle but significant distinction raised by 'Spokeo' where a claim is based on a statute providing a private cause of action and a remedy of statutory damages for a violation.

Regulators Seek Rare Lifetime Ban for Two Bankers

By Sue Reisinger |

The Federal Reserve Board wants to ban from banking for life two former managing directors of JPMorgan Securities in Hong Kong in connection with violations of bribery and other anti-corruption laws.

Women in Cybersecurity

No Woman's Land: Cybersecurity Industry Suffers From Gender Imbalance, Discrimination

By Rhys Dipshan |

A PwC survey finds that women face wage, education and culture barriers in an industry heavily comprised of males.

Texas Judge Denies Emergency Request to Block DOL Fiduciary Rule

By Melanie Waddell, ThinkAdvisor |

Plaintiffs failed to satisfy four factors required to obtain an injunction pending appeal.

Bill Brooks.

Menlo Park Startup Plays Matchmaker to GCs and Outside Counsel

By David Ruiz |

A Menlo Park company is trying to find a better way to bring GCs and outside counsel together, but some GCs remain reluctant about the idea.

Brian Finch is the co-lead of Pillsbury Winthrop Shaw Pittman’s cybersecurity team.

Should Your General Counsel Worry About Wikileaks?

By Brian Finch, Pillsbury Winthrop Shaw Pittman |

Perhaps the best way to describe the latest CIA-hacking revelations from Wikileaks is this: extraordinarily unsurprising. Spy agencies after all are tasked with, well, spying.

Waymo's Tekedra Mawakana

Google’s Self-Driving Unit Hires New Public Policy Lead

By David Ruiz |

Google's self-driving car division, Waymo, hired a former eBay Inc. executive Tekedra Mawakana as president of public policy and government affairs as the company wrangles with lawmakers over self-driving car regulations and also battles Uber Technologies Inc. over claims that a former Waymo engineer hired by Uber stole trade secrets.

Beware the W-2 Phishing Scam

By Patrick H. Haggerty and Kathryn C. Mellinger |

In 2016, numerous businesses fell victim to a surge of phishing scams involving W-2 forms. In response, the IRS sent a broad consumer alert regarding these schemes after seeing an approximate 400% surge in phishing and malware attacks during the 2016 season. As the tax filing season ramps up for 2017, we have already seen a number of successful attempts to obtain W-2 forms from unsuspecting employees.

10 Ways to Avoid W-2 Phishing Schemes

By Cinthia Motley, Sedgwick |

Cybercriminals are taking advantage of tax season to lure valuable W-2 information from vulnerable businesses.

UnitedHealthcare

US DOJ Probing Whether Big Insurers Overcharge Medicare, Qui Tam Suit Reveals

By Kristen Rasmussen |

In a qui tam health care fraud lawsuit against UnitedHealth Group Inc., the U.S. Department of Justice filed a document last week stating that it is investigating allegations that Health Net Inc., Aetna Inc., Cigna Corp.-owned Bravo Health Inc. and Humana Inc. fraudulently collected millions of dollars in Medicare payments by claiming patients were sicker than they actually were.

Ann Marie Buerkle, acting chairman of the U.S. Consumer Product Safety Commission.

Trump's Deregulatory Push Hits a Snag at Product Safety Commission

By C. Ryan Barber |

In times of presidential transition, it is common across the federal bureaucracy for agency heads to resign and allow the incoming administration to appoint new leadership. At the Consumer Product Safety Commission, Elliot Kaye has stayed put. The dynamic has not simply staved off Trump's pro-business, deregulatory push. The commission's three Democrats appear poised to seize on the waning days of their majority and move forward on safety regulations—and their call for higher penalties against companies.

Deutsche Bank to Refuse to Pay for Trainees and NQ Lawyers After Panel Overhaul

By Anna Ward and Alex Berry |

Deutsche Bank is to stop paying panel law firms for work carried out by newly qualified lawyers and trainees, Legal Week can reveal.

6 Steps to Excellent E-Discovery in Product Liability Litigation

By John Del Piero, Discovia; Jennifer G. Swanton, Medtronic; and Catherine McPherson, Bartlit Beck |

Product liability litigation brings with it some unique e-discovery challenges, risks and costs for litigants on both sides of the table.

DOJ Indicts 4 in Yahoo Data Breach Linked to Russia

By Ross Todd |

An indictment unveiled in San Francisco Wednesday includes two Russian Federal Security Service officers.

Back in the GDPR: Using Data Mapping to Arrive at a Privacy Impact Assessment

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

Any company operating globally should protect their value through exposure containment under both Privacy Shield and the forthcoming GDPR.

Remington Model 700

This Factor Is Drawing Increasing Scrutiny in Class Action Settlements

By Amanda Bronstad |

The claims rate, or percentage of class members filing actual claims, can often run under 1 percent. That's getting more attention from judges, Congress and the FTC.

Corporate Legal Looks to Be Major Benefactor in Accounting Cybersecurity Standards

By Rhys Dipshan |

The AICPA evaluation standards, which encompass an audit report based on a set of uniform criteria, can standardize how organizations talk and report on their cyber risk management controls.

Microsoft Office 365

12 Office 365 Considerations for Your E-Discovery Team

By Nishad Shevde, Exterro |

If you don't know exactly how the technology works on its own and with your current system, the benefits of making the switch will be lost.

Dr. Xuning (Michael) Tang, Chief Data Scientist at Vista Analytics,

Behind the Tech: E-discovery Data Scientist Discusses Future of AI, Document Review

By Rhys Dipshan |

Xuning Tang, chief data scientist at Vista Analytics, sees an expanding role for AI in corporate e-discovery, with little impact on in-house legal jobs.

funding and budgeting

In-House Legal Technology Adoption Often Pivots on One Key Variable: Project Sponsors

By Rhys Dipshan |

It is often up to general counsel and legal operations managers to support, and closely manage, their department's technology adoption.

Cloud computing

Microsoft and Google's Cloud Tools Compete for Attorney Attention

By Gabrielle Orum Hernández |

Both Google and Microsoft's cloud networks support document creation, but firms and legal departments tend to favor one over the other based on integration and collaboration needs.

'Protected Activity' Continues to Broaden Under SOX

By Kirsten M. Grossman and Jennifer Levanchy |

Although many attorneys representing plaintiffs with retaliation claims are still not familiar with the whistleblower protections afforded by the Sarbanes-Oxley Act of 2002 (SOX), whistleblower claims under it continue to be on the rise. Plaintiffs attorneys are catching on quickly, especially given the trend toward broadening the scope of whistleblower protections under SOX in favor of employees.

Nearly 10 Percent of World's Most Ethical Companies are Insurers, Ethics Group Says

By Victoria Prussen Spears, Esq., FC&S Legal |

A dozen of the 124 companies recognized this year by the Ethisphere Institute as the “World’s Most Ethical Companies” are insurance companies.

Creating a Legal Event Team

By Brian E. Schrader and Barry Schwartz |

A well-designed and well-managed Legal Event Team can ensure not only that an organization isn’t consumed with litigation activities, but more importantly, can provide the best and most powerful defense against the types of problems that can lead to sanctions, bad publicity, and other adverse events.

U.S. Patent & Trademark Office

Patent Owners Face Increased Fraud Liability Risk

By Michael R. Fleming, Glenn K. Vanzura and William K. Briggs |

New legislative and court-driven developments in patent law have increased the risk of securities fraud liability for public company patent owners. Such patent owners and their securities counsel are therefore best advised to understand these developments, their intersection with securities law, and how they may affect some public disclosures.

Anthem Headquarters.

Hospitals Group to Appeals Court: Stop Anthem-Cigna Merger

By Kristen Rasmussen |

The trade group representing 5,000 hospitals has filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit urging it to uphold a lower court ruling blocking Anthem Inc.'s proposed acquisition of Cigna Corp. The American Hospitals Association claims the merger would drive up costs and reduce healthcare innovation.

Financial technology and business investment concept.

OCC Releases New Licensing Regulations for Fintech Bank Charters

By Stephanie Forshee |

The OCC has moved to provide more guidance to fintech firms on how they can apply for a special purpose national bank charter.

Counsel at Sports Organizations Talk Preserving the Integrity in Athletics

By Jennifer Williams-Alvarez |

Like in-house counsel at companies, attorneys who work in sports organizations have duties involving ethics, compliance and brand protection.

bluebay/Shutterstock

As Cyber Attackers Get Tougher, General Counsel Get Going

By Jennifer Williams-Alvarez |

The methods used by hackers and scammers are getting more advanced, so in-house counsel have to step up.

Protecting Trade Secrets When Employees Leave the Company

By Jennifer Williams-Alvarez |

Two recent lawsuits highlight the question: How can in-house lawyers best protect trade secrets when employees leave?

Reducing Legal Spend Still Top Concern for Many Litigation Chiefs

By Sue Reisinger |

A new survey from Consero shows that legal departments and their litigation chiefs continue to try and decrease legal spend.

Neil Gorsuch

In Dissent, Gorsuch Was Tough on Regulators and Skeptical of Legislative History

By Marcia Coyle |

U.S. Supreme Court nominee Neil Gorsuch on March 20 will head to the U.S. Senate for his confirmation hearing, where his record as a federal appeals judge—his majority rulings and his dissents—will come under new scrutiny. The late Justice William O. Douglas once said, "The right to dissent is the only thing that makes life tolerable for a judge on an appellate court." If that's true, Gorsuch, who sits on the U.S. Court of Appeals for the Tenth Circuit, has found satisfaction and solace in his 35 dissents.

National Labor Relations Board in Washington, D.C.

Dozens of Companies Await SCOTUS Ruling on Workplace Class-Action Bans

By Marcia Coyle |

Dozens of companies in retail, banking, health care and technology await the U.S. Supreme Court's answer to whether workplace arbitration agreements that ban class actions violate federal labor law.

Arthur Chong, Sheppard Mullin

New Yahoo GC Arthur Chong Deals Well With Complexity, Says Former Colleague

By David Ruiz |

In just a few months, Yahoo Inc.'s new general counsel Arthur Chong will have to oversee a complex web of intellectual property assets, minority investments and corporate securities and debt. A lawyer who has worked with him says he's more than prepared.

Running the Corporate Legal Department Like a Profit Center

By Dan Bodnar and Rob Gitell, Thomson Reuters Legal Tracker |

Technology, accountability and innovation are key in making sure the legal department is attuned to organizational forward momentum.

Why Uber Became a Key Architect in a Patent Protection Network

By Michael Meehan |

Patent troll lawsuits are bad for business and bad for innovation, which is why Uber, along with a number of other prominent technology companies, decided it was time to take action.

Uber’s general counsel Salle Yoo at the Women Leaders in Technology Law event held at the W Hotel in San Francisco.

Uber's 'Greyball' Scandal Drives at Legal Department Challenges

By Jennifer Williams-Alvarez |

The news that Uber is using an ethically and legally questionable program called "Greyball" has put focus on the pressures in-house attorneys face as they become more aligned with business functions.

5 Key Cyber Trends Dominating the Early 2017 Discourse

By Jason Straight, UnitedLex |

These talked-about trends span not only the progress made, but also the cybersecurity challenges that still lie ahead.

Apple headquarters at 1 Infinite Loop in Cupertino

Apple Snuffs Out NPE Patents That Almost Cost Company $533M

By Scott Graham |

The U.S. Court of Appeals for the Federal Circuit on Wednesday rejected three mobile payment patents that led an Eastern District of Texas jury to hit Apple with a $533 million verdict in 2015.

Media outside the United States Court of Appeal for the Ninth Circuit.

Ruling 2-1, Ninth Circuit Adopts Broad Whistleblower Definition

By Ross Todd |

With its decision Wednesday, the appeals court waded into a circuit split over whether employees who report securities violations internally qualify for protection under the Dodd-Frank Act.

Eric D. Hargan Greenberg Traurig, Chicago

Greenberg Traurig Partner Nominated for HHS Deputy Secretary Has Vast Big Law, Gov't Experience

By Kristen Rasmussen |

Greenberg Traurig shareholder Eric Hargan, a deputy general counsel at the U.S. Department of Health & Human Services under the George W. Bush administration and a member of Trump's transition team for HHS, has been named deputy secretary of the agency.

Keeping Snakes Out of the Jury Box: An Analysis of the 'Reptile Method' and Tips to Defeat It

By Marilyn Moberg, Alexis Rochlin, Alayna Jehle and Rick Fuentes |
U.S. Treasury Department in Washington, D.C. June 10, 2016. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Sullivan & Cromwell's Brent McIntosh Is Picked for Treasury GC

By C. Ryan Barber and Mike Scarcella |

Brent McIntosh, co-leader of Sullivan & Cromwell's cybersecurity practice, was nominated on Tuesday to lead the U.S. Treasury Department's general counsel office. McIntosh joins a team of other attorneys from the firm who have taken or been nominated for key posts in the Trump administration.

Steve Berman, Hagens Berman

VW Accuses Hagens Berman of Double Counting Hours in Emissions Case

By Amanda Bronstad |

Steve Berman acknowledges that about half the legal work that went into negotiating a $1.2 billion settlement for franchise dealers was also submitted as part of a fee request in the main consumer settlement. But, he insists, VW's complaint misses the point.

10 Corporate Law Leaders Crushing it on Twitter

By Rhys Dipshan |

A look at some of the top Twitter profiles of those directing technology in legal departments and the broader corporate world.

SEC Hits Another Marijuana Company Over Alleged Sham Earnings

By C. Ryan Barber |

The nascent legalized marijuana industry has never been easy for regulators, forcing difficult decisions over how to enforce federal laws in states that have cleared cannabis for medical and—in some cases—recreational use. But the U.S. Securities and Exchange Commission has a decidedly simpler calculation: If a marijuana company misleads investors, it's as ripe an enforcement target as another firm.

Michele C.S. Lange, director of thought leadership and industry relations for KrolLDiscovery

5 Mistakes In-House Counsel Make When Encountering Proportionality

By Michele Lange, KrolLDiscovery |

While the concept seems simple enough, the proportionality component received a great deal of attention last year, for good reason: It can be complicated to apply. Here are five common mistakes that in-house counsel should look for that frequently appeared in ediscovery case law in 2016.

More Companies Consolidate Outside Legal Work: LexisNexis Report

By Rebekah Mintzer |

A trend in which legal departments are cutting the number of law firms that handle outside legal work does not appear to be slowing, according to a new study.

U.S. Labor Department in Washington, D.C.

Business Groups Want Texas Court to Freeze Fiduciary Rule

By Melanie Waddell |

The U.S. Chamber of Commerce and industry groups are urging a Texas federal judge to block an Obama-era retirement advice rule pending an appeal and as federal regulators consider halting implementation of the rule for 60 days.

In Health Care, Is Blockchain the Technology Legal Has Been Waiting For?

By Kristen Rasmussen |

Blockchain is coming to health care and it could provide both major advantages and regulatory challenges for legal departments.

Randel Johnson, senior vice president of labor, immigration and employee benefits for the U.S. Chamber of Commerce.

US Chamber of Commerce's Randel Johnson on Trump's Immigration Crackdown

By Jennifer Williams-Alvarez |

Johnson pointed to a "ripple effect" of President Donald Trump's recent immigration crackdown.

Michal Rosenn, general counsel of Kickstarter. January 21, 2016. Photo by Annie Tritt. (FREELANCE - OK TO USE BY ALM)

Kickstarter GC Talks Company's Public Benefit Status

By Stephanie Forshee |

Michal Rosenn, general counsel of Kickstarter, talks about how her company became a public benefit corporation.

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

Jay Clayton, SEC Chair Nominee, Pulled in $7M From Sullivan & Cromwell Last Year

By C. Ryan Barber |

Benefitting from a client roster that includes big banks, British Airways and Volkswagen AG, longtime Sullivan & Cromwell partner Jay Clayton raked in $7.6 million in the year leading up to his nomination to lead the U.S. Securities and Exchange Commission.

Arthur Chong, Sheppard Mullin

Yahoo Names Arthur Chong New General Counsel

By Jennifer Williams-Alvarez |

After the sudden departure of Ronald Bell, Yahoo's former general counsel, the company has named Arthur Chong as his replacement.

Christa d'Alimonte of Viacom

Viacom Names Christa D'Alimonte New General Counsel

By Stephanie Forshee |

Viacom has promoted Christa D'Alimonte to general counsel, replacing departing GC Michael Fricklas.

What You Need to Know to Get Started with Privacy Shield Certification

By David F. Katz, Cybersecurity Law & Strategy |

If your company maintains operations in the European Union or is U.S. based but obtaining personal data from European citizens, you will need to strongly consider obtaining certification under the new Privacy Shield framework. Certification began in August 2016, and will make compliance with EU privacy laws when transferring data to the U.S. possible for the immediate future.

U.S. Justice Department

US Implicates In-House Lawyers at China's ZTE in Sanctions Case

By Sue Reisinger |

Inside the billion-dollar plea agreement this week between the U.S. government and the Chinese telecom giant ZTE Corp. sits a tale of lawyers gone bad. And at least one who didn't. U.S. authorities pointed fingers at in-house lawyers for their alleged roles in a scheme to violate trade sanctions.

Why Data (Intelligence) is the Key to Value Creation for Legal Teams

By Anshu Kar, Axiom |

There is an opportunity for legal teams to create value by coupling sophisticated data technology with intelligent analysis.

National Labor Relations Board in Washington, D.C.

Labor Regulators Urge DC Circuit to Uphold New 'Joint-Employer' Standard

By Marcia Coyle |

A three-judge appeals panel on Thursday raised serious concerns about the National Labor Relations Board's new test for determining when a "joint employer" relationship between two companies exists for collective bargaining purposes.

KY Duration spray for men

Maker of K-Y Sued Over Theft of Trade Secrets for Premature Ejaculation Spray

By P.J. D'Annunzio |

Reckitt Benckiser is accused of stealing the trade secrets after pretending to be interested in buying Absorption Pharmaceuticals and its spray.

Technology

Understanding Emerging Legal Technology and How Lawyers Will Use It

By Kathryn DeBord |

"Legal tech" is the legal industry buzz phrase of 2017. It's come to embody the future of the profession for attorneys and firm management across a spectrum of practice areas. The practice of law, however, has a decidedly different history than other more entrepreneurial businesses that are being transformed by technology. Legal industry business historically approaches change in moderation, reflecting lawyers' responsibility to respect historical norms and precedents

Early Mistakes In An Internal Investigation Can Be Very Costly—Here’s How To Avoid Them

By Charles Hastie and Jake McQuitty |

The beginning can be the most stressful and perilous phase in an investigation, especially one you are faced with a "live" concern involving allegations of misconduct that is serious, ongoing and unchecked.

Exelon senior vice president and general counsel Thomas O’Neill

What Exelon Did to Win Pro Bono Honors

By Jennifer Williams-Alvarez |

The Pro Bono Institute has named Exelon Corp.'s legal department as the recipient of its 2017 Laurie D. Zelon Pro Bono Award.

H-1B Quick-Processing Suspension Worries Employers, Applicants, Visa Holders

By David Ruiz |

The planned suspension of expedited processing for H-1B applications, starting next month, could derail recruiting efforts and disrupt daily life for workers at some of the largest temporary work nonimmigrant visa employers in the United States, immigration attorneys say.

Aeropostale is among the retailers that have agreed to cease using on-call scheduling.

2nd Circuit Orders New Look at $13.7M Restitution in Aeropostale Fraud

By Andrew Denney |

A federal appeals court affirmed fraud convictions for a former executive for clothing retailer Aeropostale Inc. who took part in a kickback scheme, but remanded the case to recalculate the $13.7 million that he and a co-conspirator were ordered to make in restitution.

Women in Technology.

The Trailblazers: Advice, Insight and Wisdom From Women Leaders in Corporate Legal Tech

By Rhys Dipshan |

Five women corporate legal professionals in the technology industry share their thoughts on the gender gap, memorable career challenges and more.

Google Lawyer to Lead Pinterest's Legal Department

By Stephanie Forshee |

Christine Flores has been appointed general counsel at Pinterest.

Attorney General Scott Pruitt testifies before the Senate Committee on Environment and Public Works during a hearing on his nomination to be administrator of the Environmental Protection Agency in Washington, on Wednesday, January 18, 2017.

See You in Court: Environmental Groups Pledge to Fight Deregulation

By Miriam Rozen |

Environmental lawyers are promising court fights and public backlash in the wake of a regulatory rollback. They even brought up the mother of Supreme Court nominee Neil Gorsuch.

AIG Names Rose Marie Glazer Vice President, Deputy General Counsel, and Corporate Secretary

By Victoria Prussen Spears |

Ms. Glazer will oversee the corporate securities, corporate secretary, and mergers and acquisitions legal teams and will report to Peter Y. Solmssen, executive vice president and general counsel at AIG.

Vice Chancellor Joseph Slights.  Courtesy photo

Slights Awards Former CFO $1.8M in Indemnification Suit

By Tom McParland |

The Delaware Court of Chancery on March 3 awarded a former officer of OptimisCorp $1.8 million to cover the cost of successfully defending allegations that he had plotted to remove a physical services company's chief executive back in 2012.

'There are enough ambitious men around' - female practice heads on making it to the top

By Anna Ward |

Despite efforts to boost diversity, men still outnumber women more than five to one when it comes to running global practices at the UK’s top law firms. Here, Legal Week speaks to some of those who have made it about how they achieved success, the reality of their roles and their advice to the next generation.

Amazon, Avoiding First Amendment Clash, Drops Objections to Echo Warrant

By Ben Hancock |

The company said it would turn over recordings from the device in an Arkansas murder case because the defendant consented to their release.

data collection

Getting the Most Bang for Your E-Discovery Buck through Early Planning

By Lisa Grimm, Perkins Coie |

The closer you get to the goal of making your original data collection 100 percent complete, the more you will be rewarded.

LawGeex Raises $7M, Riding Surge of Corporate Interest in AI Contracting

By Rhys Dipshan |

For many corporate legal departments, AI contract review is becoming more of a necessity and less of an operational challenge.

What Should Be in Your Ransomware Response Plan?

By Paul Bond and Kimberly Chow |

Implementing a ransomware response plan can reduce the risk to directors and officers should they need to make that serious choice. These are the elements of such a plan.

gavel

Merger Wipes Out Ex-Shareholder's Right to View Books and Records

By Tom McParland |

A former stockholder in Monster Worldwide Inc. lost standing to inspect corporate books and records, when the job-search service was acquired by a global human resources firm, the Delaware Court of Chancery ruled Monday.

Ivo Labar and James Wagstaffe, Kerr & Wagstaffe leave the U.S. District Court for the Northern District of California.

Davis Polk Partner Says Bio-Rad GC Kept Pushing Flimsy Claims

By David Ruiz |

Martine Beamon, who was hired to investigate potential FCPA violations, testified Thursday that the company's general counsel rejected her firm's conclusion that the suspicions were "meritless."

Sanjay Singh, Laurent Wiesel, Matteo Balzarini – the team behind Justly.

From Big Law to Big Business: Former McGuireWoods Attorney Talks Becoming a Tech Entrepreneur

By Ian Lopez |

A former McGuireWoods associate is betting he can help legal operations departments make predictions on litigation and spend.

Ann Shuman, general counsel at DTCC.

For Finance Industry In-House Counsel, the Future Is Pressing, but Largely Unknown

By Rhys Dipshan |

DTCC general counsel Ann Shuman discusses the challenges of legal departments and what to expect from a life at the helm of market and technology evolution.

Counsel Face Major Challenges with Rise of the Internet of Things

By Rhys Dipshan |

In addition to heeding ever-changing regulations over Internet of Things devices, counsel must reckon with novel security and discovery burdens.

Increased Adoption Aside, Encryption in Corporate Law Still Faces Cultural, Operational Hurdles

By Rhys Dipshan |

Encryption adoption in most legal departments is stymied by operational challenges and a culture that doesn't see encrypted communications as necessity.

Ron Bell, GC at Yahoo.

Yahoo General Counsel Ron Bell Resigns Amid Data Breach Controversy

By Jennifer Williams-Alvarez |

Ron Bell, general counsel at Yahoo, has resigned from the company amid revelations that the company's legal team and senior executives did not sufficiently pursue investigation of a massive 2014 data breach.

Demonstrators celebrate the Supreme Court's ruling in Obergefell v. Hodges in June.

53 Companies Back Transgender Teen in SCOTUS Fight

By Marcia Coyle |

Major technology companies and other businesses, warning of the negative business consequences of a U.S. Supreme Court ruling against a transgender boy's sex discrimination claim, on Thursday stepped into a simmering controversy that pits them against the Trump administration.

5 Things GCs Should Know About Litigation Finance

By Travis Lenkner, Burford Capital |

A broader understanding reveals at least five reasons why litigation finance can become a relevant tool for in-house counsel in various corporate circumstances.

The Corporate Blockchain Groups Defining the Future of Legal Ops

By Rhys Dipshan |

For counsel, blockchain trade association groups offer a place to learn about the technology and take part in defining its future.

password cracking

When Lawyers Become Hackers

By Gabrielle Orum Hernández |

A look at how attorneys might find “ethical hacking” useful in the e-discovery process.

Business Strategy, Tech Become Bigger Focus for Some GCs in Europe

By Rebekah Mintzer |

General counsel in Europe are increasing their focus on business strategy and legal technology.

Music note on computer chip, mp3

Privacy Laws and Listener Data in the Music Industry

By Adrian J. Perry and Sari Sharoni |

Listener preference data is a valuable resource in the music industry. It can drive the way music is commoditized, consumed and promoted. It can drive how concert tours are routed. It can drive which artists and songwriters are signed and which are left to toil away in obscurity. It can drive the dollar value of recording and publishing agreements for artists and songwriters that do get signed.

The Emergence of the Legal Architect and the Modularization of Complex Litigation Teams

By Mark Yacano, Global Practice Leader of Managed Legal Services, Major, Lindsey & Africa |

Many of today's law departments are generating efficiencies by taking a more active role in litigation management and creating litigation teams built around outside counsel, outsourced technology providers and interim staffing and other alternative legal services providers.

C. Allen Parker, Cravath, Swaine & Moore partner

Cravath Partner Allen Parker Is Named Wells Fargo GC

By C. Ryan Barber |

C. Allen Parker, a Cravath, Swaine & Moore partner in New York who has long represented big banks on corporate matters, was named Monday the next top lawyer for Wells Fargo & Co.

Yahoo, Verizon Debacle Shines Light on M&A Cybersecurity

By Ed Silverstein |

These days, cybersecurity is 'a meaningful issue in almost every modern day M&A transaction,' said King & Spalding's Robert Leclerc.

Ron Bell, GC at Yahoo.

After Yahoo, Are In-House Counsel Jobs at Risk Over Cybersecurity?

By Jennifer Williams-Alvarez |

The departure of Ron Bell, the general counsel of Yahoo, from his position in the wake of massive data breaches at the company raises the question of how much legal departments should be held responsible for cybersecurity failures.

Salle Yoo

Uber's 'Greyball' Program Puts New Focus on Legal Dept.

By David Ruiz |

Uber Technologies Inc. has used software to evade law enforcement and public officials in cities where the company faced opposition from regulators, The New York Times reported Friday, and legal ethics professionals said the company may be steering into the wrong lane.

Covington Pays to End 3M Conflicts Row

By Scott Flaherty |

The deal puts an end to an unusually high-profile clash between a Fortune 100 client and its onetime law firm.

Achieving Information Governance Enforcement: Ensure Policies Aren’t Left to Collect Dust

By T. Sean Kelly |

Review some best practices that will enable your company’s information governance stakeholders to achieve long-term policy enforcement.

Computer graphic illustration about internet shopping in virtual world.

Legal's Relationship With Procurement Experts Is Growing, Survey Says

By Zach Warren |

A joint survey by Bloomberg Law and The Buying Legal Council found a projected in-house savings of 11 percent using procurement in legal.

No Complaints From In-House Lawyers on SEC Robo Guidance

By Stephanie Forshee |

Legal and compliance chiefs at companies with robo-adviser offerings seem to agree that the U.S. Securities and Exchange Commission's new guidelines for robo-advisers further legitimize their industry.

Laura Cordova, a partner in Crowell & Moring's health care and white collar & regulatory enforcement groups.

Ex-Fed. Health Care Prosecutor Laura Cordova Discusses Whistleblower Suits, Their Future Under Trump

By Kristen Rasmussen |

Laura Cordova, a former top federal health care fraud prosecutor who defends companies as a partner in Crowell & Moring's health care and white-collar regulatory practice, sits down for a Q&A with reporter Kristen Rasmussen.

Music note on computer chip, mp3

Streaming vs. Ownership and the Legacy of Art

By Thomas H. Vidal |

In a world dominated by Snapchat and streaming, nobody would be scorned for wondering whether music and the audiovisual arts have become mere ephemera. If we look further, we might ask ourselves: as the influence of these platforms continues to grow, does it change the way we value and appreciate art? Does it matter? And, from a business perspective, how do these models impact the way media and tech companies transact?

Target Corp. is among the retailers that received letters from the New York attorney general's office requesting information on their on-call practices for employees.

Target Corp. Puts FTC's 'Made in USA' Claims to Bed

By C. Ryan Barber |

Federal trade regulators have dropped their investigation into Target Corp. over pillows that were advertised as "Made in USA" but were, in fact, manufactured in China. The agency closed its investigation without further action because Target pulled the mislabeled products from store shelves, corrected the country-of-origin information for its own-branded pillows and took steps to shore up packaging to prevent further consumer deception.

Wells Fargo

Should Wells Fargo Have Cut Its GC's Pay?

By Stephanie Forshee |

Wells Fargo will cut the pay of its general counsel, James Strother, in the wake of the bank's fake accounts scandal. But is that the right approach?

Silicon Valley GCs Defend Ron Bell; Say He's The Fall Guy

By David Ruiz |

Silicon Valley GCs say Former Yahoo General Counsel Ron Bell is a "good lawyer" being punished for the company's problems.

Achieving Information Governance Enforcement: Engagement, Enablement and the Change Journey

By T. Sean Kelly |

Review some guiding steps that will allow information governance teams to build enforcement into policies from the ground up.

What Law Firms Can Learn from The Ninth Annual Law Department Operations Survey

By Robin Snasdell, Law Journal Newsletters |

Over the last few years, the legal operation managers' role has flourished, growing from a profession in its infancy into an unruly teenager, far more mature but with substantial areas poised for development. Now, more than ever, law departments are focused on implementing programs and structures to improve their financial management and deliver value.

The Emergence of the Legal Architect and the Modularization of Complex Litigation Teams

By Mark Yacano, Global Practice Leader of Managed Legal Services, Major, Lindsey & Africa |

Many of today's law departments generate efficiencies by taking an active role in litigation management and creating litigation teams built around outside counsel, outsourced technology providers and interim staffing and other alternative legal services providers.

Shareholder in Colombian Airline Sues to Block Deal with United

By Tom McParland |

A large shareholder of Avianca Holdings S.A. has sued to block a partnership with United Airlines, alleging that the Colombian air carrier's controlling shareholder, German Efromovich, secretly negotiated the deal for his own benefit.

Rio Tinto's Simadou mine in Guinea

Freshfields partner seconded to Rio Tinto as interim legal chief

By Alex Berry |

Freshfields Bruckhaus Deringer City corporate partner Philip Richards has been seconded to lead Rio Tinto’s legal team after the departure of previous head Debra Valentine.

Federal Trade Commission

Judge Refuses Fee Award to State AGs in Antitrust Case

By C. Ryan Barber |

Nearly a year after striking down Staples Inc.'s proposed takeover of Office Depot, a federal judge in Washington refused Tuesday to award $175,000 in legal fees to the Pennsylvania and District of Columbia attorneys general for their role in challenging the office supply chains' $6.3 billion deal.

Rankin Gasaway, SVP, GC and Secretary, 7-Eleven.

Meet the GC of 7-Eleven, Rankin Gasaway

By Kristen Rasmussen |

Covering corporate law departments and in-house attorneys for Texas Lawyer and other ALM publications, reporter Kristen Rasmussen profiles Rankin Gasaway, senior vice president, general counsel and secretary at 7-Eleven Inc.

Wells Fargo branch. Washington, D.C. November 11, 2014. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Wells Fargo, Promoting 'Accountability,' Slashes Executive Compensation

By C. Ryan Barber |

Wells Fargo & Co. on Wednesday slashed compensation for eight top executives, including the bank's general counsel, to "reinforce accountability" in the aftershock of the sham-account scandal.

Rite Aid Not Required to Fund Ex-GC's Bid to Overturn Conviction

By Tom McParland |

The Delaware Supreme Court has rejected a former Rite Aid Corp. executive's bid to use a collateral attack on a final ruling to extend the period in which he could recover attorney fees from his former employer.

L-R Caroline McGlamry and Michael McGlamry, Pope McGlamry, Atlanta.With their dogs Daisy, Frankie and Sophie.

Class Action Takes Bite at Prescription Pet Food

By R. Robin McDonald |

The lawsuit claims several prescription pet food products sold to dog and cat owners at inflated prices are available for less money without the prescription.

Michael P. Maslanka, assistant professor of law, UNT Dallas College of Law.

Work Matters: Employment Law Predictions for SCOTUS

By Michael P. Maslanka |

What's up with employment law? As usual, lots. Let's get up to speed on three issues heading ultimately to SCOTUS.

PayPal, San Jose

Edelson Firm Accuses PayPal of Fumbling Charitable Donations

By Ross Todd |

A federal lawsuit alleges that PayPal failed to transmit money to intended donors if they were not registered on the site.

Joint Employment Tests Are All Wrong, Says Federal Appeals Court

By Todd H. Lebowitz, BakerHostetler |

In a landmark Fair Labor Standards Act (FLSA) decision issued in late January, the Fourth Circuit adopted a more liberal test than NLRB's Browning-Ferris decision.

Untangling the Mystery of Cybersecurity Insurance

By Sean Cooney, Keesal Young & Logan |

There are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in combating common cyber threats.

Motley Rice attorney Kevin Dean

Takata Plea Deal Complicates Civil Suits

By Amanda Bronstad |

In an unusual move, plaintiffs lawyers are invoking the Crime Victims' Rights Act to oppose Takata's $1 billion criminal plea deal.

An Immigrant's Story: From The Fields of Mexico To a Landmark Idaho Supreme Court Ruling on a Disabled Worker’s Compensation Rights

By Steven A. Meyerowitz, Esq., Director, FC&S Legal |

This is the story of how Rodrigo Rodriguez, who was born in Mexico and who worked in the fields there as a young child, and who later immigrated to the United States, just litigated a landmark worker’s compensation issue before the Idaho Supreme Court – and won.

Amazon Echo.

Fighting Echo Warrant, Amazon Has Scant Law to Draw On

By Ben Hancock |

The showdown over access to data recorded by the Amazon "smart" device is pushing the limits of traditional First Amendment and Fourth Amendment principles.

Are You Ready for the New China Cybersecurity Law?

By Zach Warren |

A Consilio survey found 75 percent of legal tech professionals are unfamiliar with the law, but multinational companies can still prepare before the June implementation.

Social Media Gets Some Respect from SCOTUS in First Amendment Case

By Tony Mauro |

Mark the date: Feb. 27, 2017, may go down in history as the day that social media—from Facebook to Snapchat, Twitter to LinkedIn—entered the pantheon of expressions deserving First Amendment protection.

Uber headquarters in San Francisco

What to Make of Google-Uber Spat Over Driverless Cars

By Scott Graham |

Both companies have placed big bets on autonomous vehicles and view the technology race as a business imperative.

National Labor Relations Board in Washington, D.C.

Companies, Regulators to Face Off Over NLRB's New 'Joint-Employer' Standard

By Mike Scarcella |

A Washington appeals court next week will take up a major business dispute over the circumstances in which two companies, working together, are "joint employers" whose business ties extend federal labor-law protections to all the employees.

From Cabinet Room to Board Room: Advice for Lawyers Looking to Move From Government Into Corporate Jobs

By Mark Nielsen |

The majority of GCs are either promoted from in-house roles or were hired from GC roles in other companies. Only a small handful came directly from government service.

Thousands of protesters objected to the detention of travelers with entry visas at JFK airport on Jan. 28.

Trump Administration Hands Over Names of Detainees in Travel Ban Challenge

By Andrew Denney |

The Trump administration has turned over a list of the names of 746 people who were detained at airports following its executive order to restrict travel, but attorneys for plaintiffs challenging the order in a New York federal court say the list may not be complete.

Corporations Move Toward Encryption, But It’s a Mixed Blessing for Legal

By Rhys Dipshan |

As corporations increasingly eye encryption to mitigate cybersecurity risks, e-discovery operations may become more challenging.

U.S. Capitol building in Washington, D.C.

Q&A: Why Class Action Reform Bill Isn't as Bad as It Seems

By Amanda Bronstad |

The Chicago plaintiffs lawyer argues that the bill, which has been called a "death knell" for class actions, would instead spur unnecessary litigation and increase defense costs.

Microsoft's Cloud IP Protection: A Solution Without a 'Patent Troll' Problem?

By Rhys Dipshan |

Microsoft's conversations with customers have led it to tackle an emerging risk through Azure IP Advantage, but others say the 'umbrella' program may not yet be legal necessity.

Kim Rivera, Hewlett Packard

HP, Mandating Diversity, Will Withhold Fees From Some Firms

By Jennifer Williams-Alvarez |

In-house legal departments regularly encourage, and in some cases require, that outside firms have some level of diversity in staffing legal work. Hewlett-Packard Inc. has taken this mandate a step further—saying the company will withhold invoiced fees from firms that do not meet diversity requirements.

Travis Kalanick, CEO and co-founder of Uber Technologies Inc.

Uber Investigation Alone Won't Solve Company's Problems, Employment Lawyers Say

By David Ruiz |

A former engineer's published allegations that she was sexually harassed at Uber Technologies Inc. during her tenure at the ride-sharing company created ongoing tumult that is unlikely to be settled solely by an internal investigation launched in its aftermath, labor and employment lawyers and experts say.

Six Steps to Protecting Your Reputation Online

By Cliff Zatz, Joe Meadows and Laura Aradi |

Should you litigate an online defamation? The answer depends on the circumstances and your overall goals.

With Trump Rolling Back Transgender Rights, What Should Employers Know?

By Jennifer Williams-Alvarez |

With President Donald Trump rolling back protections for transgender students, employment attorneys say legal departments may need to brace for changes in the workplace.

Sanford Wadler.

Ex-GC of Bio-Rad Secures Additional $3.5M in Fees in Whistleblower Suit

By Ross Todd |

Bio-Rad Laboratories Inc. has agreed to tack on $3.5 million in attorney fees and costs to the $11 million tally it already owes former general counsel Sanford "Sandy" Wadler.

Irrigation Firm’s Trademark Hopes Go Down the Drain

By Scott J. Slavick |

Blame it on the rain? A Tennessee irrigation company might well sing that tune after the rejection of its recent trademark application on a term found to be descriptive.

A Q&A With BillingTree's First General Counsel

By Stephanie Forshee |

BillingTree General Counsel Barton "Chip" Bright talks about why he got hired and what may happen with fintech and regulators.

Verizon general counsel Craig Silliman

Verizon GC on the Lessons Learned from Deal with Yahoo

By Jennifer Williams-Alvarez |

Craig Silliman, general counsel at Verizon, sees lessons for legal departments in his company's planned acquisition of Yahoo.

Michigan State University College of Law, located in East Lansing, Michigan which is affiliated with Michigan State University.

Access to Justice Tech Leaders Have a Few Lessons for Their Corporate Counterparts

By Gabrielle Orum Hernández |

Document automation, logic trees and collaborative efforts all have wide application across the legal industry.

Justice Sonia Sotomayor.

Supreme Court Limits Patent Liability for Component Makers in Global Supply Chain

By Scott Graham |

A unanimous court reversed the U.S. Court of Appeals for the Federal Circuit, ruling that shipping a single component cannot trigger a provision of the Patent Act that applies extraterritorially.

Donald Trump.

Trump’s Company Is Hiring an Ethics Adviser. Should Yours?

By Michael W. Peregrine |

One of the unanticipated side effects of the intensive focus on the President’s personal conflicts issues is increased interest in the creation of a new “chief ethics officer” position.

Justices Weigh Whether Company Must Pay for Ex-GC's Collateral Attack on Conviction

By Tom McParland |

In a long-standing row over indemnification, the Delaware Supreme Court is considering whether a collateral attack after a final ruling on direct appeal extended the period in which a former executive could seek attorney fees from his former employer.

Is Change on the Way for Patent Litigation Venue Rules?

By John D. Simmons and Keith A. Jones |

Patent litigation may soon undergo a seismic geographical shift.

Alex Dimitrief, senior vice president & general counsel of General Electric Co.

In-House Counsel Profile: Alex Dimitrief

By Jennifer Williams-Alvarez |

"There are still times where I can be a valuable sounding board for my team, so my primary goal is to be there for them when they need me."

The 'Under the Hood' Approach to Social Media E-Discovery

By Gabrielle Orum Hernández |

Social media data is increasingly useful for litigation, but extracting such data for e-discovery isn't always an easy process.

Andrew Olmem.

Two Venable Partners, Including Outspoken Dodd-Frank Critic, Join Trump Team

By C. Ryan Barber |

Two Venable partners, including a former lead Republican negotiator on the post-crisis Dodd-Frank financial reforms who has called the Obama-era regulations "heavy-handed," have joined President Donald Trump's administration. Andrew Olmem, who worked on the Dodd-Frank reforms, will serve at the White House National Economic Council, and Daris Meeks was named director of domestic policy for Vice President Mike Pence.

Microsoft, Stripe Urge Federal Bank Regulators to Go Cautiously on Cyber Regs

By Joel Stashenko |

Microsoft and Stripe are urging federal banking regulators not to draw cybersecurity rules for the largest banks so narrowly that they exclude innovative technologies developed by innovative third-party providers.

Drafting Noncompetes in a Tough Enforcement Climate

By Linda K. Stevens |

Recent actions by various government agencies and officials expose the perils of the overreaching noncompete agreement and underscore the importance of making sure provisions are carefully drafted and appropriately used. Here are the key highlights.

Survey: Employers Expecting Moderate to Massive Workplace Shift

By Stephanie Forshee |

Most in legal and HR are hopeful about the future of the workplace as it relates to innovation, but some are fearful of change and regulation.

Uber offices at 1455 Market St. in San Francisco.

Uber In-House Counsel Under Scrutiny in Alleged Harassment of Female Engineer

By David Ruiz |

Uber Technologies Inc. is responding to a female engineer's allegations that she was sexually harassed by a supervisor at her former employer by hiring former U.S. Attorney General Eric Holder to lead an internal review panel including top executives and the company's legal department.

Toyota

Toyota Legal Ops: 'We're Seeing Transformational Change'

By Stephanie Forshee |

Toyota Motor Sales USA’s director of legal operations and litigation support, Eric Lieber, has a lot to consider when it comes to finding the balance between protecting his company’s bottom line and its legal prowess.

Kristi Moody, general counsel of Windstream Holdings.

Windstream Names New GC

By Stephanie Forshee |

Kristi Moody has been promoted to general counsel at Windstream, a technology and communications company.

With Eyes on Patent Venue Reform, What Should In-House Counsel Expect?

By Jennifer Williams-Alvarez |

The Supreme Court and Congress are both taking up patent venue reform, and legal departments should pay close attention.

Health Insurers Band Together for Billions in ACA Payments

By Kristen Rasmussen |

More than a dozen health insurers, some of which have since failed, are suing the federal government for billions of dollars they say they are owed under an Affordable Care Act risk corridor program designed to incentive participation in the public exchanges. The first case of its kind is headed toward the U.S. Court of Appeals for the Federal Circuit.

Murray Energy Corp. offices in St. Clairsville, Ohio

Company Reporting on Businesses' Debt Cannot Use Shield Law, Judge Rules

By Joel Stashenko |

New York County Supreme Court Justice Carol Edmead has ruled that Reorg Research, a subscription provider of information on distressed businesses to institutional clients, cannot use New York's Shield Law to protect its confidential sources. The company says it will appeal.

Clete Johnson.

The Cyber Divide: Former FCC Cybersecurity Counsel on Government, Corporate Collaboration

By Ricci Dipshan |

Clete Johnson highlights the challenges government and private sector cybersecurity partnerships still face and discusses what counsel should know about modern cybersecurity risks.

CFPB Barred, For Now, From Naming Company Under Investigation

By C. Ryan Barber |

Another financial-sector company is fighting to keep its name secret as it challenges the power of the Consumer Financial Protection Bureau to bring an enforcement action. The company, identified only as "John Doe" in a Washington federal trial court, offers pension advance products that allow consumers to receive a lump-sum payment in exchange for a portion, or all, of their future pension. A judge Friday temporarily blocked the consumer agency from revealing any identifying information about the company.

The Salvation Army. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL

Onward Christian Trademarks!

By Scott J. Slavick |

An international Christian ministry, The Salvation Army has as its mission in part to meet human needs without discrimination. But some in its ranks faced a trademark registration battle in which a U.S. Patent and Trademark Office examiner sought expressly to discriminate between The Salvation Army’s entities.

R. Alexander Acosta.

Five Things You Should Know About Alexander Acosta

By Karen Sloan |

President Donald Trump on Thursday nominated the Florida International University College of Law dean to become labor secretary.

The Cloud Conundrum: Explaining Divergent Google, Microsoft Search Warrant Rulings

By Ricci Dipshan |

Though coming to contrary conclusions, both court rulings offer guidance of how counsel can safeguard cloud data and how cloud technology is straining conventional legal thinking.

Kim Rivera, Hewlett Packard

HP's GC Says 'Diversity Mandate' Embraced by Law Firms

By Jennifer Williams-Alvarez |

The legal profession has long struggled with diversity and inclusion. HP Inc. took a novel step in announcing that the company may withhold legal fees from law firms that don't meet diversity staffing requirements. Kim Rivera, HP's chief legal officer and general counsel, on Tuesday detailed the genesis of the fee-holdback program—and the early responses. "I spoke to GCs and law firm partners across the country and much to my gratification, they were very open and collaborative," Rivera said.

Regulate That Hairbrush? Cyberlaw Experts Say Maybe

By Sue Reisinger |

In 2003 there were an estimated 500 million internet-connected devices. By 2020 it is predicted there will be 50 billion. Travis LeBlanc, recently resigned chief of enforcement at the Federal Communications Commission, says the profusion poses privacy and security risks for individuals, companies and countries.

Artificial Intelligence.

The Actual Cost of In-House Artificial Intelligence Adoption

By Rhys Dipshan |

The time, capital and personnel required to get basic AI technologies running in-house underscores why such implementation is limited to legal teams.

Alex Acosta.

Law Dean Alexander Acosta Picked for Labor Secretary

By Melanie Waddell |

President Donald Trump wasted little time in naming R. Alexander Acosta on Thursday as his new labor secretary nominee to replace Andrew Puzder, who withdrew his nomination amid opposition in the U.S. Senate. Acosta would become Trump's first Hispanic cabinet nominee.

Vapor IO and SoundCloud Hire New GCs

By David Ruiz |

Cloud computing company Vapor IO based in Austin, Texas hired Catherine Bedell as general counsel this week. Audio hosting platform SoundCloud hired Amazon veteran Merritt Farren as GC.

Federal Communications Commission.

FCC Reaches $9.1M Settlement With Telecom Companies

By Jennifer Williams-Alvarez |

The Federal Communications Commission announced Wednesday that it has reached a $9.1 million settlement with two telecommunications companies that provide relay services for people with hearing and speech disabilities.

Chris Laia.

Equity Crowdfunding GC Talks Regulations, Job Challenges

By Stephanie Forshee |

Chris Laia, general counsel and chief compliance officer of RedCrow, a health equity crowdfunding startup, is tackling a fast-changing regulatory environment.

Ericsson, TCL Battle Over FRAND Patents in 'Cutting-Edge' Case

By Scott Graham |

TCL is asking Judge James Selna to set a FRAND rate and award damages for Ericsson's alleged breach of FRAND commitments.

Theodore

Ericsson, TCL Battle Over FRAND Patents in 'Cutting-Edge' Case

By Scott Graham |

The Southern California trial is likely to flesh out the limits on royalties that can be charged for standard-essential patents.

A World of Evolving Competencies for General Counsel

By E. Leigh Dance |

Think about the competencies you need to develop to achieve your own professional objectives, and the competencies that your team needs to be able to perform at their best.

Derek Meisner, Quantopian general counsel.

A Q&A With Quantopian General Counsel Derek Meisner

By Stephanie Forshee |

Derek Meisner, general counsel and chief compliance officer of Quantopian, speaks about being the sole attorney at a company with a fintech focus and a global reach.

U.S. Supreme Court nominee Judge Neil Gorsuch

What to Expect From Neil Gorsuch on IP, Patents and Trade Secrets

By Scott Graham |

Though Gorsuch's views on patents are mostly unknown, the Tenth Circuit judge has had plenty to say in other areas of intellectual property. And attorneys see signs that he might scale back some procedures created by the America Invents Act.

Survey Says In-House Counsel Double Down on Quality in Patent Programs

By Stephanie Forshee |

More in-house counsel are focusing on the quality of their patent programs, a new survey from IP management and analytics software company Lecorpio says.

Ethics Rule Has Lit Funders Treading Carefully in Class Actions

By Ben Hancock |

Some industry players are steering clear of class actions because of a ban on attorneys sharing fees with nonlawyers. Others are willing to invest but structure their deals to avoid the rule.

Feds Propose Rule to Stabilize Marketplaces During ACA Repeal

By Kristen Rasmussen |

Federal health officials released a proposed rule on Wednesday that would significantly shorten the amount of time individuals would have to enroll in health insurance plans in 2018. It is an attempt to incentivize insurers to stay in the marketplace while the Trump administration dismantles the Affordable Care Act.

Andrew Puzder.

Puzder Withdraws From Labor Secretary Nomination

By Melanie Waddell, ThinkAdvisor |

Mounting opposition and Puzder being 'very tired of the abuse' led to him bowing out.

GE Taps Former Interim Senator to Lead Litigation and Legal Policy

By Jennifer Williams-Alvarez |

William "Mo" Cowan, who once served as an interim member of the U.S. Senate, is joining General Electric as vice president of litigation and legal policy.

Google Lawyer Says New Laws Needed to Govern Cloud Data

By Ben Hancock |

Companies responding to records requests from law enforcement often face conflicting mandates, said Google's chief counsel for law enforcement and security.

Jim Wagstaffe.

James Wagstaffe Defeated Bio-Rad With Storytelling

By David Ruiz |

Trial lawyer James Wagstaffe describes his winning strategy in the wrongful termination suit by whistleblower Sanford Wadler, former general counsel of Bio-Rad Inc. Wadler was awarded more than $15 million.

Joshua Rosenkranz

5 Takeaways From Oracle's Appeal of Google's Jury Win

By Scott Graham |

Oracle has renewed its copyright clash with Google in a return trip to the U.S. Court of Appeals for the Federal Circuit. The software giant submitted its opening brief Friday from its unsuccessful trial bid to recover $8 billion for Google’s copying of Java application programming interfaces (APIs) into its Android operating system.

The Low-Down on E-Discovery in Germany: Where the Growth's at and the Cases in Question

By Zach Warren |

Consilio's Michael Becker chats e-discovery's German growth, key differences in European discovery and more.

After Trump Order, GCs Watching Closely for Dodd-Frank Changes

By Stephanie Forshee |

President Donald Trump has signed an executive order that has in-house lawyers wondering what will become of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Richard Lara of Spanish Broadcasting System Inc.

'Stars Aligned' for New General Counsel at Spanish Broadcasting

By Kristen Rasmussen |

A trial victory led to a meeting with the chairman of Miami-based Spanish broadcasting system and Richard Lara's appointment as the company's general counsel.

U.S. District Judge Jeffrey White, Northern District of California

Judge Blocks Privacy Suit Over Warriors App

By Ross Todd |

The ruling from an Oakland federal judge is the first to deal with privacy issues related to beacon technology used in apps.

Some In-House Departments Start Encrypting Emails

By David Ruiz |

Amid news of a growing number of law firm data breaches, more in-house legal departments are starting to encrypt their emails with outside counsel on sensitive matters, including litigation and high-stakes mergers.

Michael Fricklas, GC at Viacom. Photo by Annie Tritt

Viacom GC: 'After 24 Years and Seven CEOs, It’s Time for Me to Move On'

By Stephanie Forshee |

Michael Fricklas, general counsel to Viacom Inc., is departing the New York-based media company after spending two decades in the legal department. In an email to Corporate Counsel, Fricklas said he is uncertain about next steps but is considering "a number of interesting entrepreneurial opportunities."

Drone Group Airs Concern About Trump's 2-for-1 Regulatory Rollback

By C. Ryan Barber |

For many businesses, President Donald Trump's order to cut two existing rules for every new rule was a welcome harbinger for an era of fewer regulations. But the fledgling commercial drone industry—still sorting out the rules federal regulators rolled out in August—isn't so sure Trump’s 2-for-1 plan is a good deal.

Pay Transparency Is Here to Stay

By Connie N. Bertram and Amy L. Blackwood |

Is pay transparency the next big litigation risk for employers? Maybe. But employers can take steps to minimize risk and create a compensation culture that is race- and gender-neutral.

Department of Health and Human Services Secretary Tom Price

3 Things to Expect From HHS's New Chief

By Kristen Rasmussen |

Tom Price, former Republican congressman from Georgia, has been sworn in as secretary of the Department of Health and Human Services. A longtime opponent of the Affordable Care Act, here's what health industry execs and counsel can expect from him.

How In-House Lawyers Can Protect the Company From Social Media Risk

By Jennifer Williams-Alvarez |

For all of its benefits, social media also poses risks to companies. Luckily, in-house lawyers can help.

Jessica Rich.

Departing FTC Consumer Protection Chief Talks 26-Year Career, and Change Ahead

By C. Ryan Barber |

The FTC's Jessica Rich spearheaded rules protecting children's online privacy and sensitive financial information. And as the chief of the consumer protection bureau, she oversaw a $200 million settlement with Herbalife and took enforcement actions against Apple Inc. and Amazon Inc. After 26 years at the agency, she's leaving. But not retiring. We caught up with Rich this week about her long career—what's up next.

3 Ways In-House Counsel Can Navigate International Data Regulations

By Ricci Dipshan |

From the EU’s General Data Protection Regulation (GDPR) to China’s far-reaching cybersecurity law, data localization mandates are affecting how multinational corporations manage and transfer data from their various worldwide offices.

Bio-Rad headquarters in Hercules, California.

Bio-Rad Verdict Could Spur GC Whistleblower Claims

By David Ruiz |

Rod Sorensen, managing partner of the Silicon Valley office of Payne & Fears, a defense litigator for technology companies, in a Q&A, says the big verdict in the whistleblower retaliation lawsuit by fired general counsel Sanford Wadler against his former employer, Bio-Rad, could lead to more such suits. He also says taking such cases to a jury is risky in the current environment.

U.S. Court of Appeals for the Ninth Circuit, where a three-judge panel heard arguments on the halting of the immigration ban.

Ninth Circuit, Asserting Its Role, Keeps Nationwide Block on Travel Ban in Place

By Ross Todd |

If there's a way to respond to a president who has taken aim at the federal judiciary, it's to speak with one voice. That's just what the Ninth Circuit did on Thursday with its per curiam opinion that struck back at the notion that a president's actions are unreviewable.

Andrew Puzder

Labor Pick Puzder’s Nomination Hearing Set for Feb. 16

By Melanie Waddell, ThinkAdvisor |

Acting Labor Seretary Hugler likely to act ‘in short order’ to delay fiduciary rule

U.S. Department of Labor in Washington

U.S. Labor Dept. Files Notice to Delay Fiduciary Rule

By Melanie Waddell |

The U.S. Labor Department as expected filed a notice Thursday with the Office of Management and Budget to delay implementation of the Obama administration's controversial retirement-savings rule.

Cyber Spies: In-House Legal Fights Back Against Cyberespionage

By Ricci Dipshan |

An exploration of the modern cyberespionage threat and how in-house legal departments are fighting back.

Richard Clifton, Michelle Friedland, and William Canby.

In Travel Ban Appeal, Judges Don't Accept 'We’re in a Rush' Excuse

By Scott Graham |

Lawyers prepared for Tuesday's Ninth Circuit arguments under extreme time pressure. But the judges wouldn't cut them any breaks.

Victoria Lipnic.

New EEOC Chief to Focus on Age Bias, Equal Pay and Job Growth

By Sue Reisinger |

Victoria Lipnic, the new acting chair of the Equal Employment Opportunity Commission, says the agency will focus on age discrimination, equal pay and fostering job growth.

President Donald Trump.

For Companies, Trump's Tweets Create 'New Category of Risk'

By C. Ryan Barber |

President Donald Trump has been tweeting from the hip, targeting companies over their plans to move jobs overseas or, in the case of Nordstrom, over the retailer's decision this week to pull Ivanka Trump's clothing brand from shelves. All of this has the business community on edge. And that means questions for lawyers. The National Law Journal caught up with James Garland to talk about how companies are preparing for Trump's Twitter ire.

Alternative Legal Service Provider Adoption All About Cost Savings? Perhaps Not

By Zach Warren |

In the modern legal profession, there is no longer a straight line on corporate matters that runs from the legal department to outside counsel to law firm vendors. The reality is, for any work on a given matter, there are a number of options available to corporate and law firm counsel—including alternative legal service providers.

Smart Insurance Policy Contracts: Policyholder Opportunities and Risks

By Matthew J. Schlesinger and Kate H. Withers |

As the insurance industry explores and develops the use of smart insurance policies, it behooves risk managers and in-house counsel to begin to understand the opportunities and pitfalls of this new technology.

President Donald Trump.

In-House Legal Departments Should Brace for a Trump Tweet

By Jennifer Williams-Alvarez |

Companies like Nordstrom now have to deal with the possibility of a negative tweet from President Donald Trump, and legal departments have a role to play in crafting a response.

Paul Clement of Kirkland & Ellis

Appeals Court Stays Injunction in Sanofi-Amgen Patent Fight

By Scott Graham |

The U.S. Court of Appeals for the Federal Circuit hit pause Wednesday on a Delaware judge's order that would block sales of Sanofi's cholesterol drug Praluent.

Reputation is Everything: Why Lawyers Should Take a Closer Look Inward at Money Laundering Risk

By Martin J. Foncello and Timothy C. Stone |

Recent developments should give lawyers pause as to whether they are sufficiently inward looking at the reputational risk they face from their own clients—particularly those seeking to misuse legal services to launder illicit funds.

Ashok Ramani

New Patent Litigation Rules Require Earlier Damages Estimates

By Scott Graham |

The rules rolled out in the Northern District of California seek to avoid last-minute challenges that throw trials into chaos.

Behind the $500M Curtain: How Skadden Handed Wilkinson Her First Trial Loss

By Jenna Greene |

After three days of deliberating, the federal jury in Dallas was back, ready to answer a $6 billion question: Did Facebook Inc. steal virtual reality technology for the Oculus Rift from Skadden's client, videogame maker ZeniMax Media Inc.?

Legal Departments Find Value in Keeping Work In-House, Report Says

By Jennifer Williams-Alvarez |

According to a new report from ALM Legal Intelligence, legal departments are bringing more work in-house, rather than relying on outside counsel.

Erich Andersen.

Microsoft Offers 'Umbrella' to Customers Sued Over Azure Cloud Innovations

By Scott Graham |

Microsoft Corp. has announced it will make 10,000 patents available to customers who face lawsuits over innovations that run on Azure, Microsoft's cloud computing platform, and will expand its indemnification program.

How Product Makers Can Overcome Patent Roadblocks

By David Kline |

As products become more complex with increasing numbers of patented components, manufacturers face a growing challenge in licensing each component from its individual owner.

Stephana Patton, Biotime GC.

BioTime Appoints Industry Vet as First-Ever GC

By Jennifer Williams-Alvarez |

Industry veteran Stephana Patton will fill the newly created general counsel position at BioTime Inc.

Seasoned In-House Attorney Moves to Toys "R" Us

By Jennifer Williams-Alvarez |

Cornell Boggs will be joining toy retail giant Toys "R" Us as the company's new general counsel.

Legalweek 2017.

Improving Law: Lawyers, Technologists and Executives on an Evolving Industry

By Ian Lopez |

As with any sort of technology, legal technology addresses a variety of challenges and is created, applied and promoted by a variety of individuals. The ideas, innovations and challenges they face are the focus of many conversations held at “Legalweek: The Experience,” an event that provides a stage for the people behind the machines to alert the broader legal world of the change already at their doorsteps.

Speak Up, Find Mentors and Other Tips From Women Attorneys at the Top

By Amanda Bronstad |

We distill the best lessons from Paul Hastings partner Nancy Abell and others at this month's inaugural Women LEAD conference at UCLA School of Law.

U.S. Supreme Court building.

What's Next in Hot-Button Travel Ban Litigation?

By Tony Mauro |

A tangle of possibilities lie on the other side of Tuesday's Ninth Circuit showdown. We look at the possible paths.

U.S. Justice Department headquarters in Washington.

Physician Staffing Co. to Pay $60M in Whistleblower Settlement

By Kristen Rasmussen |

Team Health Holdings, a hospital service provider, has agreed to pay $60 million plus interest to settle federal charges that a company it recently acquired knowingly overcharged federal healthcare programs including Medicare and Medicaid.

Andrew Powell

The Art of Acquisition

By Andrew Powell |

If a merger comes knocking, are you ready?

Dodging a Bullet: Walmart Escapes Sanctions Despite Failing to Preserve Exiting Employee Data

By Barry Schwartz and Brian Schrader |

It was the revised FRCP Rule 37(e) that came to Walmart’s rescue, resulting not in case-ending sanctions, but instead, a relatively mild admonishment

Keir Gumbs of Covington & Burling

Google Alerts, Blogs and Deep Dives: Keeping Up with Deregulation

By C. Ryan Barber |

The early days of the Trump administration have come as a gift horse for opponents of the Dodd-Frank Act, the 2010 financial reform law the president and Congress are moving swiftly to shred. The flurry of activity has Covington & Burling's Keir Gumbs in Washington feeling more like a news reporter than a Big Law partner. Still, Gumbs and other lawyers are telling clients not to rest easy.

Celia Catlett

Texas Roadhouse GC Ready to Fight EEOC Age Suit Again

By Sue Reisinger |

After five years of battling federal regulators over an age bias lawsuit that ended in a mistrial on Feb. 3, Texas Roadhouse Inc. general counsel Celia Catlett is gearing up to do it all over again.

Sanford Wadler

5 Takeaways From Bio-Rad's Trial Loss, and Its Ousted GC's Win

By David Ruiz |

Former Bio-Rad GC Sanford Wadler's jury win of $2.9 million in back pay and $5 million in punitive damages for wrongful termination Monday holds some lessons for companies and their attorneys.

U.S. Centers for Disease Control and Prevention headquarters.

CDC Quarantine Rule Imposes New Duties on Airlines

By Kristen Rasmussen |

U.S. regulators are moving ahead with a new rule that imposes new burdens on airlines and their staffs to identify and report to federal authorities passengers who are ill and subject to quarantine, a response to the Ebola outbreak in 2014.

Sheela Mohan-Peterson CLO and general counsel Oncosec

Relocation Not Required

By Stephanie Forshee |

More GCs are working from home. Is the trend here to stay?

Protesters rally in front of John F. Kennedy International Airport in New York, Sunday, Jan. 29, 2017. President Donald Trump's immigration order sowed more chaos and outrage across the country Sunday, with travelers detained at airports, panicked families searching for relatives and protesters registering opposition to the sweeping measure that was blocked by several federal courts..

Why Companies From Apple to Zynga Oppose Trump’s Travel Ban

By Sue Reisinger |

Some 128 U.S. companies, led by tech giants Apple Inc., Google Inc. and Microsoft Corp., have joined a friend-of-the-court brief filed Sunday in the U.S. Court of Appeals for the Ninth Circuit saying the Trump travel ban “makes it more difficult and expensive for U.S. companies to recruit, hire, and retain some of the world’s best employees."

New Hire Stock Art.

Hiring From Abroad Requires Visa Know-How

By Sara Herbek |

Here are a few pointers that U.S. employers should consider when recruiting top talent, even when the H-1B visa category is not an option.

Venable Sees Gross Revenue, Partner Profits Rise

By Katelyn Polantz |

Now under new leadership, the Baltimore-founded Am Law 100 firm continued its years-long run of increases in several key financial metrics.

Former Bio-Rad General Counsel, Sanford Wadler (left) leaves the U.S. District Court for the Northern District of California

Ousted Bio-Rad GC Wins Whistleblower Case

By David Ruiz |

The jury awarded Sanford Wadler $2.9 million in back pay and stock compensation, which will be doubled, plus $5 million for punitive damages.

Five Common Misconceptions About The Yates Memo

By Chris Carusone, Cohen Seglias Pallas Greenhall & Furman PC |

Much has been written over the last sixteen months interpreting the shift in U.S. Justice Department policy placing greater emphasis on individual accountability for corporate wrongdoing in federal civil and criminal enforcement proceedings. Apparently not all of it was accurate.

Legalweek 2017.

Data Security, Actual AI and Law’s Acceptance of Tech Spell the New Forefront of Law

By Gabrielle Orum Hernández |

Last week’s Legalweek: The Experience conference brought together industry heads, judges, law firm and legal department attorneys and legal technologists to reflect on the state of the industry heading into 2017. Speakers throughout the conference spoke more broadly to some of the trends likely to shape adoption of technology.

Richard Cordray.

White House Slams CFPB as Trump Moves to Roll Back Financial Reforms

By C. Ryan Barber |

As President Donald Trump on Friday signed an executive order directing a review of the Dodd-Frank Act, the White House criticized the Consumer Financial Protection Bureau as an “unaccountable and unconstitutional new agency.”

Self-Enforcing Smart Contracts Will Change Your Life

By Kevin Shook |

What if a computer made a lawsuit unnecessary in the first place? What if contracts could enforce themselves?

David Green, Global Payments.

Q&A with Global Payments Inc. GC David Green

By Kristen Rasmussen |

David Green, executive vice president, general counsel and corporate secretary at credit-card processor Global Payments Inc. is profiled by reporter Kristen Rasmussen.

Draft Executive Order Targeting Worker Visas Shakes Silicon Valley Tech Companies

By David Ruiz |

The torrent of drastic changes to U.S. immigration law—including a draft proposal of an executive order to restructure and possibly rescind entire worker visa programs—has sent Silicon Valley tech companies into a frenzy, seeking legal help for a multitude of questions.

MLATs: The Bridge to Cross-Border Enforcement

By Mark A. Rush and Jared A. Kephart |

In the event their company ever becomes a subject or target of international investigation, in-house counsel can position their company to minimize the impact of the MLA request and ultimately the investigation by remembering three key points.

European Union flags in front of the Berlaymont building (European commission) in Brussels, Belgium.

The Storm on the Horizon: 4 Things to Know in Prepping for General Data Protection Regulation

By Ricci Dipshan |

At Legalweek’s “Finding a New Safe Harbor: Using Technology and 1LR to Comply With Cross-Border Data Privacy Rules” and “Update on Effects of Brexit on Privacy and Data Protection Considerations” sessions, panelists sought to impart a sense of urgency, focusing not only on the consequences and reach of the regulation, but the unique and complex challenges it will create for legal professionals.

Data Privacy Tops List of Health Care GC Worries

By Sue Reisinger |

Seventy-five percent of respondents cited data security as the issue they were most worried about in Consero Group's 2017 Survey of Healthcare General Counsel. An explosion of high-tech “has outpaced everyone's comfort level,” said Norton Healthcare general counsel Robert Azar.

Facebook Seeks to Argue Unconstitutionality of User Account Warrants in NY Court

By Joel Stashenko |

New York state's highest court will hear arguments this week into whether Facebook may challenge the constitutionality of search warrants that Manhattan's district attorney issued for information of the accounts of 381 of its users.

Left to right, immigration lawyer Junaid Sulahry stands in the international arrivals hall of San Francisco International Airport with fellow attorney volunteers Julie Hiatt and Marianna, who declined to give her last name.

On the Bright Side, Lawyers Are Suddenly Popular

By Jenna Greene |

If there’s any silver lining to the first 11 days of the Trump administration, it’s this: lawyers are suddenly beloved—at least by the masses who oppose the president’s policies.

Advice From the Front Lines of Data Risk Management

By Ricci Dipshan |

Long gone are the days when an in-house counsel’s job can be performed solely based on legal knowledge alone. From managing and understanding e-discovery to preparing for international data regulations and mitigating the risks of runaway corporate data, the digital age is forcing counsel to adapt to many roles and understand a variety of expertise.

Appeals Court Blocks Target Data Breach Settlement

By Amanda Bronstad |

The ruling from the U.S. Court of Appeals for the Eighth Circuit sets up a debate over one of the thorniest issues in data breach cases—whether and how to compensate individuals for the theft of personal information when it cannot be tied to financial injury.

Jay Stieber, executive vice president and general counsel of Lettuce Entertain You Enterprises Inc.

Restaurant GCs Head Up Legal Advocacy Group

By Stephanie Forshee |

The newly formed Restaurant Law Center is taking on some of the industry's biggest issues such as tip pooling, joint employer relationships and new overtime laws.

Working In-House With a Disability

By Jennifer Williams-Alvarez |

At a recent panel discussion, two in-house lawyers shared how they are working to expand opportunities for those with disabilities in their legal departments.

U.S. Securities and Exchange Commission building in Washington.

SEC's Yahoo Probe Could Set a Precedent, Defense Lawyers Say

By Rebekah Mintzer |

While the U.S. Securities and Exchange reportedly investigates whether Yahoo Inc. should have disclosed two massive data breaches to investors earlier, corporate defense attorneys who are not involved with the matter say any charges would mark the first SEC case involving failure to disclose a data breach to shareholders.

Paul D. Weiner, National eDiscovery Counsel | Shareholder, Littler Mendelson P.C., Hon. Xavier Rodriguez, United States District Judge, for the Western District of Texas, Ariana Tadler, Partner, Milberg LLP, Hon. Elizabeth D. Laporte, United States District Court Judge, Northern District of California, Hon. Andrew J. Peck, United States Magistrate Judge, Southern District of New York, Patrick Oot, Partner, Shook Hardy & Bacon

The E-Discovery Learning Curve: Bringing the FRCP Beyond the Legal Tech Bubble

By Ian Lopez |

Having been amended in December 2015, the changes to the Federal Rules of Civil Procedure (FRCP) have had a considerable amount of time to settle into the minds of the lawyers and judges tasked with interpreting them.

Inside Legal’s Ongoing Struggles With Information Security

By Ricci Dipshan |

Rich Lauwers, information governance and management subject-matter expert at Hewlett Packard, started off Legalweek’s “Managing Information Risk in an Evolving Regulatory World” plenary session with a story.

FBI Official: Feds Can't Compete With Top Tech Companies for Cybersecurity Analysts

By Joel Stashenko |

The United States has a shortage of security analysts qualified to stop cyberattacks, and trouble competing with high-tech companies such as Google and Microsoft also trying to recruit them, FBI and private sector computer experts said.

Rex Tillerson.

Exxon Insists Its Free Speech Case Against Attorneys General Be Heard in Texas Court

By Miriam Rozen |

Exxon Mobil Corp. Wednesday argued that Texas courts had jurisdiction to take up its claims against the attorneys general of New York and Massachusetts that they are abusing the corporations' free speech rights and seeking to unreasonably search and seize its business records in pursuing their climate-change litigation against the oil giant.

Dallas Jury Slaps Facebook With $500M Verdict in Oculus IP Case

By John Council |

In a win for lawyers at Skadden, Arps, Slate, Meagher & Flom, a Dallas jury found Facebook-owned Oculus with a $500 million verdict.

Former Bio-Rad General Counsel, Sanford Wadler (left) leaves the U.S. District Court for the Northern District of California

Bio-Rad Trial Witnesses Claim Outburst, Obstruction by Ex-GC

By David Ruiz |

Bio-Rad Laboratories Inc. chief financial officer Christine Tsingos added a new claim to the company's case against fired general counsel Sanford Wadler in court Tuesday: Wadler allegedly once became openly hostile in a meeting, pounding his fists and yelling at the room.

Sweatshops, Slavery and GCs

By Stephanie Forshee |

Two decades after retailers got blowback for their labor practices abroad, more top lawyers are stepping into business-focused roles and tackling sustainability and corporate social responsibility efforts.

To Cut E-Discovery Costs, Legal Departments Question Outside Counsel

By Jennifer Williams-Alvarez |

As the amount of data retained by companies grows, corporate legal departments are asking outside counsel tough questions in order to control the costs associated with e-discovery.

Takata airbag components.

Takata's US General Counsel Departs Amid Company's Scandal

By Stephanie Forshee |

Takata Corp.'s top lawyer in the United States, Eric Laptook, has left his post, weeks after the Tokyo-based automotive safety equipment maker agreed to pay $1 billion in criminal penalties to the U.S. Department of Justice.

U.S. District Judge Thelton Henderson, Northern District of California

Hard Lessons from a Company's Harsh Sentencing

By Sue Reisinger |

The sentencing last week of Pacific Gas and Electric Co. teaches general counsel that failing to cooperate fully with federal prosecutors is risky. Prosecutors asked for and received some harsh penalties.

How Patent Policy Made Qualcomm an Antitrust Target

By Scott Graham |

The chipmaker has been hit with suits in the U.S. and China following an FTC action in the waning days of the Obama administration.

Eve Burton, senior vice president and general counsel of the Hearst Corp.

Eve Burton: Senior Vice President and General Counsel, Hearst Corp.

By Kristen Rasmussen |

Hearst's legal department has about 100 lawyers and professionals globally.

A GC’s Headache: The End Run Around an Arbitration Clause

By Kevin Jacobs |

When confronted with an end run around a contract, a GC has two pressing queries: how do I get out of this? And how can I avoid this next time?

VW Agrees to Pay Another $1.2B in Diesel Emissions Cases

By Amanda Bronstad |

The latest settlement, which comes on top of a similar $14.7 billion payment, resolves lawsuits brought by consumers and the U.S. Federal Trade Commission over 3.0-liter diesel engine vehicles.

Ken Paxton.

Q&A with Texas Attorney General on Consumer Protection Priorities

By Richard Lawson, Manatt, Phelps & Phillips |
Judge Neil Gorsuch.

This Gorsuch Ruling Pans Agency Deference. Here’s Why It Matters to Business

By Tony Mauro |

As business lawyers dissect the nominee's record, they’re likely to celebrate a 2016 decision by Judge Neil Gorsuch that criticizes the "Chevron doctrine" of agency deference and says the time "has come to face the behemoth.”

Experts Question Effectiveness of Antitrust Approaches in Digital Economy

By Joel Stashenko |

With companies such as Amazon, Google and Facebook showing no signs of relinquishing dominant positions in the U.S. marketplace, a panel of experts questioned whether U.S. antitrust laws are still effective in the age of the high-tech behemoths.

An Architectural Approach to Law Department Diversity

By Marcos Antonio Mendoza |

How does in-house counsel leadership create conditions where diversity is a goal with objective means, and not merely a subjective wish? Here is one approach.

Judge Neil Gorsuch.

Trump Chooses Neil Gorsuch, Ivy League Conservative, for Supreme Court

By Tony Mauro |

In choosing Neil Gorsuch for the U.S. Supreme Court, President Trump opted for a candidate with traditional credentials shared by most modern-day justices. A Colorado native with a degree from Harvard Law School, Gorsuch clerked for Justice Byron White and Anthony Kennedy on the Supreme Court. "In our legal order, it is for Congress and not the courts to write new laws. It is the role of judges to apply, not alter, the work of the people’s representatives," Gorsuch said at the White House.

Acord Names Nine New Directors to Board

By Victoria Prussen Spears, Associate Director FC&S Legal |

ACORD has elected nine new members to its board of directors.

Association of Corporate Counsel office in Washington, D.C.

GCs May Get Rid of Underperforming Firms in 2017, Survey Says

By Jennifer Williams-Alvarez |

Nearly 50 percent of global general counsel and chief legal officers say they might end a law firm or outside counsel relationship this year because of underperformance, according to a new survey from the Association of Corporate Counsel.

SEC: Get Out of Whistleblowers' Way

By Stephanie Forshee |

Two recent U.S. Securities and Exchange Commission actions against companies alleged to have impeded whistleblowers offer clues for how in-house lawyers should treat employees who speak up about potential wrongdoing.

Was a Weekend Enough for Facebook's M&A Due Diligence?

By Jennifer Williams-Alvarez |

Facebook Inc. attorneys had just one weekend to conduct due diligence ahead of a more than $2 billion acquisition of virtual reality developer Oculus VR. Is that enough time?

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.

Corporate Lagging in E-Discovery Metrics, but Beating Firms in Business Intelligence Tech Adoption

By Zach Warren |

The FRONTEO and 451 Research survey found increasing interest in business intelligence across legal, but room for growth both in-house and in law firms.

Television Mirrors Reality: MockArb Gains Traction as Arbitration Claims Expand

By Jay Rosen, Chairman Emeritus, Capital Forensics Inc. |

The art and science of what influences and shapes human opinion is gaining application and respect within the legal profession.

Worth the Hassel

By Jim Snell and Nicola Menaldo |

California Supreme Court’s opportunity to restore due process rights, First Amendment rights, and Communications Decency Act protections to online hosts of user generated content.

Preparing Lawyers to be Practice-Ready in a Tech-Driven World

By Gabrielle Orum Hernández |

With a new emphasis on legal innovation, law schools are using experiential learning and technology tools to meet the future needs of law firms and legal departments.

CFPB director Richard Cordray.

Top Democrats, Advocacy Groups Join Defense of CFPB in DC Circuit

By C. Ryan Barber |

Citing the Trump administration's threat to the Consumer Financial Protection Bureau, a coalition of consumer advocacy groups and the top Democrats on the U.S. Senate and House banking committees on Thursday moved to defend the agency and its leadership. U.S. Sen. Sherrod Brown of Ohio and Rep. Maxine Waters of California, moving to intervene in a federal appeals court case, said the Trump administration cannot be counted on to defend the independence of the agency's single-director structure.

(l-r) Neil Gorsuch, Thomas Hardiman, and William Pryor.

Trio of Millionaires Tops Trump SCOTUS Shortlist

By Tony Mauro and Marcia Coyle |

The financial disclosure reports filed in 2015 by Neil Gorsuch, William Pryor Jr., and Thomas Hardiman reflect that each judge holds investments valued at more than $1 million.

Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

Viewpoint: Third-Party Litigation Funding: A Dubious Proposition

By Lisa A. Rickard |

Third-party litigation funding companies are investors first and foremost, and they base their funding decisions on the present value of their expected return. This means that even if a lawsuit has little or no merit, it may be a worthwhile investment if there is a potential (however small) to recover a very large sum of money.

Andrew Puzder.

5 Trump Administration Labor Moves You May Have Missed

By Rebekah Mintzer |

The first week of President Donald Trump's administration brought new developments in the labor and employer space, including the postponement again of DOL Secretary Puzder's confirmation hearing; temporary appointments at EEOC and the National Labor Relations Board, and a missing website for Wells Fargo employees at the Department of Labor.

Tips for General Counsel Job Hunters, or Keepers

By Sue Reisinger |

BarkerGilmore's Legal & Compliance Recruiting Blog offers companies several points that a GC can invert to use to his or her own advantage in determining compensation.

In PACER Suit, a Class Action Even Defense Lawyers Can Love

By Amanda Bronstad |

Paying too much for PACER? You could get an email notice later this spring to join a class action that seeks refunds for several hundred thousand people who allege the electronic court service has charged excessive fees.

Morris Ratner, associate Professor UC Hastings

Clients Are Splitting Litigation Into Affordable Pieces, Report Says

By David Ruiz |

An upcoming academic paper claims sophisticated clients can access cheaper litigation by relying on judges for managerial duties and law firms for detailed budgets.

Pierre Gentin, partner at Cahill Gordon & Reindel in New York

In-House Finance Lawyers to Teach on Handling Ethical Dilemmas in Business

By Sue Reisinger |

Pierre Gentin, for 18 years an in-house counsel at Credit Suisse, is teaching a course at the University of Pennsylvania on how to deal with ethical dilemmas in the business world.

Bradford Berenson

TPG Taps Former Bush Lawyer as GC

By Sue Reisinger |

Bradford Berenson knows what it means to respond to pressure and power, having served as associate counsel to President George W. Bush during and in the aftermath of 9/11. Now Berenson is taking his first general counsel role, joining TPG, a global alternative asset firm.

The Devil Is in the Details: A Litigator's 5 Tips for Drafting Board Minutes

By Joni Jacobsen and Angela Liu |

Recent Delaware cases continue to emphasize that well-drafted board minutes are crucial to surviving and defeating challenges from shareholders in derivative and securities class actions. Although corporate counsel or the corporate secretary may be responsible for drafting board minutes as a matter of good corporate governance, the board minutes may well become the center of litigation.

Former Bio-Rad General Counsel, Sanford Wadler (left) leaves the U.S. District Court for the Northern District of California.

Bio-Rad's FCPA Review Gets Picked Over at Trial

By David Ruiz |

Lawyers for Bio-Rad's former GC, Sanford Wadler, portray the company's internal investigation as cursory.

Donald Trump.

Whistleblower Lawyers on Alert as Trump Establishes Message Control

By C. Ryan Barber |

News blackouts. Gag orders. Deleted tweets. The early days of President Donald Trump's administration swiftly raised questions about the scope of speech restrictions on federal civil servants. As the White House took control of the public messages delivered through the government's official communication channels, not uncommon for presidential transitions, whistleblower lawyers predicted they'd be busy the next four years. But they also said it was too early to gauge whether the apparent early resistance from purported agency employees would translate into litigation or other legal action that tests workplace protections in the federal bureaucracy.

In-House IP Lawyers Increasingly Involved in M&A, Survey Finds

By Sue Reisinger |

Intellectual property lawyers do more than just defend patents and copyrights. Some 75 percent of in-house IP counsel in a recent life sciences survey say they are also involved in company efforts on mergers and acquisitions.

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.

Tim Teter

Nvidia Snags Cooley IP Lawyer as General Counsel

By Jennifer Williams-Alvarez |

Computer graphics technology company Nvidia Corp. announced Wednesday that seasoned patent litigator Tim Teter is filling the general counsel role, effective Jan. 23. Teter is taking over for David Shannon, who informed the company of his intention to retire last June, according to the announcement.

U.S. Department of Justice building in Washington, D.C. January 10, 2012. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

In Hectic Month, DOJ Rakes in Billions From Corporations

By Sue Reisinger |

The Obama administration's Department of Justice just went out with a bang. Federal prosecutors ended the term with a flurry of enforcement actions against corporations -- several containing record penalties.

Patrick M. Norton, Esq., JAMS mediator and arbitrator.

Bio-Rad's FCPA Lawyer Details Run-In With Ousted GC

By Ross Todd |

Testifying for Bio-Rad on Tuesday, a former Steptoe & Johnson LLP partner said he recommended the company's longtime GC be fired.

Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit.

Three Things to Know About Neil Gorsuch, SCOTUS Front-Runner

By Tony Mauro |

Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit has moved to the front of the pack among possible nominees to the Supreme Court, according to several news reports Tuesday.