Most Recent

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.

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.

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.

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.

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.

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."

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.

Toyota

Toyota Lawyer: '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.

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.

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 |
Maura Healey, left, and Eric Schneiderman, right.

Democratic State AGs Push to Protect CFPB From Trump

By C. Ryan Barber |

More than a dozen Democratic state attorneys general on Monday stepped into a fight to preserve the Consumer Financial Protection Bureau as the agency prepares for potential peril under President Donald Trump's administration.

Norman Schwartz, Bio-Rad CEO

Outside Counsel Complained About Bio-Rad GC, CEO Says

By Ross Todd |

Bio-Rad CEO Norman Schwartz, who testified Monday in the company's whistleblower trial, said attorneys at two firms raised concerns about the company's general counsel before he was fired.

450 Golden Gate, United States District Court for the Northern District of California

Northern District, First in Nation, Mandates Disclosure of Third-Party Funding in Class Actions

By Ben Hancock |

The rule change is narrower than an earlier proposal which drew opposition from major litigation funders.

Computer graphic illustration about internet shopping in virtual world.

The Evolution of the 'Virtual Law Firm'

By Gabrielle Orum Hernández |

Though “virtual firms” are on the decline, cloud technology may be shifting the model to refocus on lawyer mobility.

Security, Proportionality and Cost Paramount Concerns in Corporate E-Discovery, Survey Finds

By Ricci Dipshan |

A BDO Consulting survey highlights how in-house counsel are becoming more cautious with data preservation and more efficient with document review.

Trump International Hotel in Washington, D.C.

Liberal Lawyers Huddle Up in Hunt for Trump Conflicts

By C. Ryan Barber and Tony Mauro |

Two days after the inauguration, liberal lawyers huddled in downtown Washington to issue a call to action to scour President Donald Trump's web of businesses for any conflicts of interest that could provide fodder for a lawsuit.

Lisa Strauch Eggers.

Next Stop for Eddie Bauer's Ex-GC: Foreign Service in Paris

By Stephanie Forshee |

After a long career as an in-house lawyer, Lisa Strauch Eggers recently decided to fulfill a lifelong dream. She's preparing to become a foreign service officer and will be posted in Paris.

Weyerhaeuser.

Weyerhaeuser Moves GC to Business Side, Appoints Successor

By Stephanie Forshee |

There's a shake-up in the legal department of Seattle-based Weyerhaeuser Co. The company's top in-house lawyer is moving to the business side, and a new general counsel is joining from one of Weyerhaeuser's go-to law firms.

Petco Animal Supplies.

Amid Leadership Shake-Up, Petco Announces New GC

By Jennifer Williams-Alvarez |

For nearly six years, in-house lawyer Alan Tse has been helping run the Kentucky Derby. Now he'll be lending his talents to another animal-centric company, the retailer Petro Animal Supplies Inc.

December Brings Flurry of GC Hires

By David Ruiz |

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

Ronald Janis.

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

By David Gialanella |

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

Lance Zinman.

Katten's Lance Zinman on High-Speed Trading

By Rebekah Mintzer |

Global co-chair of the firm's financial services practice sits down for a Q&A on regulatory challenges facing organizations using high-speed algorithmic trading.

Yahoo Inc. headquarters in Sunnyvale, Calif.

How Many Plaintiffs Firms Does It Take to Run an MDL?

By Ross Todd |

Competition for the lead counsel role in data-breach litigation against Yahoo has some lawyers complaining there may be too many cooks in the courtroom.

Eric Miller, general counsel of Berkeley Research Group.

Berkeley Research Group Taps New GC

By Stephanie Forshee |

Berkeley Research Group has named Eric Miller as its new general counsel.

Judge John Bates of the U.S. District Court for the District of Columbia.

D.C. Judge, Citing 'Serious Concerns,' Blocks Aetna's $37B Merger With Humana

By C. Ryan Barber |

A federal judge in Washington on Monday blocked Aetna Inc.'s proposed $37 billion acquisition of Humana Inc., punctuating an era of antitrust enforcement under the Obama administration that broke up proposed mergers in a host of industries.

Building a Business Case for a Data Privacy Program

By Heidi Maher |

When members of the Compliance, Governance and Oversight Council (CGOC) discuss data privacy and security today, there is an entirely new level of urgency.

How to Negotiate Technology Contracts

By Joshua T. Silver |

Negotiating technology contracts is not an easy process and often requires compromise by both parties.

Protesters gather outside of the Supreme Court

Trump's Election Sparks New Interest in Pro Bono

By Susan Beck |

The prospect of Donald Trump in the White House has galvanized more lawyers to volunteer their time, law firm pro bono coordinators say. What's first on the pro bono agenda?

What Corporate Legal Teams Want from E-Discovery and their Vendors

By Ari kaplan |

Reactions were all over the map. But they want to spend less and do more.

Justice Ruth Bader Ginsburg speaks at an event sponsored by Duke University and held at Jones Day in Washington, DC on Aug. 4, 2016. Photo: Jay Mallin jay@jaymallinphotos.com

'Slants' Decision May Reach Beyond Disparaging Trademarks

By Scott Graham |

Here are four takeaways from Wednesday's U.S. Supreme Court that saw unprepared attorneys and signs that the justices could craft a narrow decision excluding the Washington Redskins.

Sanford Wadler.

Ousted GC Details ‘Paper-Only’ Compliance Program at Bio-Rad in Whistleblower Trial

By David Ruiz |

Bio-Rad executives were disinterested in conducting robust training in the Federal Corrupt Practices Act and shut down his efforts to report suspected violations, Sanford Wadler testified Wednesday in his whistleblower retaliation trial.

The Slants

In 'Slants' Case, Justices Skeptical of Ban on Disparaging Trademarks

By Tony Mauro |

Several justices appeared sympathetic to the band during oral arguments at the U.S. Supreme Court on Wednesday, which bodes well for the Washington Redskins' fight to restore its trademark.

4 Lessons for In-House Lawyers From the Bio-Rad Whistleblower Trial

By David Ruiz |

With Bio-Rad's former GC on the stand, it may be a good time to ask: How would your job performance hold up under cross-examination?

Tone at the (Very) Top: Assessing Leadership Qualities During Inauguration Week

By Alexandra Wrage |

This week seems a good time to assess leadership qualities as they relate to tone at the top.

Yahoo's Name Change Highlights Costly but (Sometimes) Effective Strategy

By Jennifer Williams-Alvarez |

Yahoo Inc. recently announced that it's changing its name once it completes the sale of its core business to Verizon Communications Inc. While it's not unusual for companies eager to turn over a new leaf to change their name, corporate lawyers say the strategy is expensive and in-house legal teams have their work cut out for them.

Donald Trump.

The Presidential Cybersecurity Handoff

By Justin Hectus, Keesal, Young & Logan |

An analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.

FanDuel website.

Daily Fantasy Sports and the Perils of Outlier Marketing

By James L. Johnston and Vivian Wang |

The New York attorney general's settlements with DraftKings and FanDuel, two leaders in the daily fantasy sports industry, offer valuable lessons for companies in other industries.

Andrew Puzder.

What Labor Lawyers Want to Know About Andrew Puzder

By Rebekah Mintzer |

Fast-food chief executive Andrew Puzder's nomination to lead the U.S. Labor Department is inching forward amid opposition from U.S. Senate Democrats and employee advocates who contend his confirmation would imperil Obama administration regulations. Employment lawyers on the labor and management sides are sharing their own observations about what Puzder should disclose to show he is fit, and without conflict, to serve as secretary of the Labor Department.

Sanford Wadler.

Ex-GC Takes Bio-Rad to Trial, Claims He Was Fired for Reporting FCPA Breaches

By Ross Todd |

The company's lead defense lawyer told jurors Tuesday that Sanford Wadler was an "FCPA slacker" who first failed to prevent violations of the Foreign Corrupt Practice Act and then raised claims that were discredited after review.

GC Survey: Compliance, Ethics Top List of Concerns

By Sue Reisinger |

More than half of general counsel responding to a recent survey named compliance and ethics management as their top priority for the year ahead. Labor and employment issues ranked second at 29 percent, and outside counsel management third at 27 percent.

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

What to Expect in FTC Privacy Enforcement During the Trump Administration

By Janis C. Kestenbaum, Perkins Coie |

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

Bill Cosby.

Cosby's Coverage Dispute Has Ramifications for Many Policyholders

By Syed S. Ahmad and Matthew T. McLellan |

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

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

By Amanda Bronstad |

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

Whistleblower Illustration

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

By Gregory Keating and Lyndsey Kruzer |

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

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

By Stephanie Forshee |

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

Judge Harold Kahn, San Francisco Superior Court

Cisco Loses Bid to Arbitrate Age Bias Suit

By Ben Hancock |

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

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

By Ricci Dipshan |

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

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

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

By Amanda Bronstad |

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

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

What Coca-Cola Can and Cannot Say

By Stephanie Forshee |

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

Data Breach.

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

By Gabrielle Orum Hernández |

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

Evolve Law Launches In-House Counsel Technology Fellowship

By Ricci Dipshan |

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

U.S. Securities and Exchange Commission building

US Appeals Court Dodges Scope of Dodd-Frank Whistleblower Protection

By C. Ryan Barber |

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

National Labor Relations Board in Washington, D.C.

Justices Will Decide Legality of Class Action Bans in Employment Contracts

By Marcia Coyle |

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

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

By Roy Strom |

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

Gerald

Workplace Class Action Forecast: More Cases, Higher Settlements

By Sue Reisinger |

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

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

By Sue Reisinger |

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

SEC Exam Priorities for 2017 Likely Will Remain Despite Administration Change

By Rebekah Mintzer |

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

PG&E

Amid Layoffs, PG&E Announces New GC

By David Ruiz |

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

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

By Ehren Fournier and Adam Losey |

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

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

By J. Ian Downes and Samantha Rosa |

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

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

By Sue Reisinger |

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

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

By Jennifer Williams-Alvarez |

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

Antitrust Hot Spots in 2017: Five Areas to Watch

By Ben Hancock |

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

VW Reaches Proposed $4.3 Billion Deal With DOJ

By Sue Reisinger |

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

Bridgestone, Nashville

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

By David Ruiz |

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

Traci Feit Love.

Legal Heavy Hitters Slated for Anti-Trump Conference

By Karen Sloan |

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

Maria Vullo

State Orders Banks to Step Up Monitoring for Money Laundering

By Joel Stashenko |

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

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

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

By Rebecca Cohen |

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

10 Tips to Guide Global Counsel Leaders in 2017

By E. Leigh Dance |

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

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

By Sue Reisinger and Celia Ampel |

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

Andrew M. Cuomo

Cuomo Promises New Cybersecurity Measures in 2017

By Joel Stashenko |

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

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

Report Cites Global Growth of NPAs/DPAs

By Sue Reisinger |

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

General Growth Properties' chief legal officer Marvin Levine

Q&A Marvin Levine, General Growth Properties

By Stephanie Forshee |

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

Macy's Union Square in San Francisco

5 Concerns for Counsel After Macy’s and Sears Closings

By Rebekah Mintzer |

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

Thomas Perez.

Tom Perez Touts 'Historic' Fiduciary Rule in Exit Memo

By Melanie Waddell |

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

Fifth Third Fills CLO Position With Banking Vet

By Jennifer Williams-Alvarez |

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

Big Data Gets Bigger: 5 Ways to Employ Legal Analytics

By Ian Lopez |

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

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

Companies Push to Piggyback on Ruling Against CFPB

By C. Ryan Barber |

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

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

By Corporate Counsel |

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

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

By Joel Stashenko |

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

Scott Forman, shareholder at Littler Mendelson.

Managing Litigation and Benchmarking Through Big Data

By Scott Forman, Littler Mendelson |

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

Eric Holder Jr., Covington & Burling

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

By Cheryl Miller and Katelyn Polantz |

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

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

By Scott Flaherty |

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

Ashley Madison Data Breach Claims Should Be Arbitrated, Company Says

By Amanda Bronstad |

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

DOL Sues Google Over Failure to Provide Compensation Data

By Rebekah Mintzer |

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

Securities Defense Bar Praises Trump SEC Pick

By Christine Simmons |

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

Infosys offices in Mangalore, Karnataka, India.

Infosys GC Leaves, Gets Nearly $1M Severance

By Jennifer Williams-Alvarez |

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

diversity

Asians and Hispanics Make Small Diversity Gains in Firms

By Karen Sloan |

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

Elisabeth Thieriot

Farella Takes Ex-Client to Court Over Unpaid Fees

By Ben Hancock |

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

Workers at a Wendy's franchise

Lawyers Decipher New Minimum Wage Rules in NY

By Joel Stashenko |

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

New Year Rings in New Labor Regulations

By Rebekah Mintzer |

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

Breach of Trust: Can a Harm Precede a Hack?

By Steve Kovalan |

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

New York Delays Implementation of Cybersecurity Mandate by Two Months

By Joel Stashenko |

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

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

By Andrew Tsai and Chinh H. PHam |

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

Senator Al Franken (D-MN).

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

By Rebekah Mintzer |

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

Feds Step Up Audits of Mental Health Benefits Parity

By Rebekah Mintzer |

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

Target: The Consumer Financial Protection Bureau

By C. Ryan Barber |

The incoming administration has no love for the agency.

Google offices in New York's Chelsea neighborhood.

Are Google's Confidentiality Agreements Illegal?

By Kristen Rasmussen |

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

Google Headquarters mountain view ca. Handout

Google Suit Says Engineer Took Secrets to Drive.ai

By Ben Hancock |

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

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

By Susan Beck |

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

CFPB director Richard Cordray on Capitol Hill in September.

Justice Department Faults Ruling that Threatens CFPB Power Scheme

By C. Ryan Barber |

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

Copaxone.

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

By Charles Toutant |

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

Verizon Deal With Yahoo Highlights Emerging M&A Trend

By Jennifer Williams-Alvarez |

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

The Board's Compliance Committee: A Transformative 2017 Agenda

By Michael W. Peregrine |

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

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

By Stephen Wu and Lauren Salins |

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

Apple Accuses Nokia, Acacia of Antitrust Conspiracy

By Scott Graham |

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

Bio-Rad headquarters in Hercules, CA

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

By Ross Todd |

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

Hyundai's GC Steps Up After CEO's Departure

By Kristen Rasmussen |

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

A Braskem petrochemical plant in Brazil

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

By Mark Hamblett |

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

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

By Amanda Bronstad |

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

U.S. Court of Appeals for the Ninth Circuit

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

By Ben Hancock |

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

US Department of Labor's 2016 By the Numbers

By Rebekah Mintzer |

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

Wells Fargo bank in Washington, D.C.

Looking for the exits

By Sue Reisinger |

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

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

By Jennifer Williams-Alvarez |

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