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This GC Thinks He Can Quantify the Long-Subjective Art of Service Provider Value

By Zach Warren |

The brainchild of Mark Smolik, GC of DHL’s American supply chain operations, Qualmet’s first cloud-based platform assesses and compares the performance of legal service providers.

J.C. Boggs, King & Spalding, Partner and Dean C. Garfield, Information Technology Industry Council, President and CEO opened the 2017 Cybersecurity & Privacy Summit, hosted by King & Spalding on April 24, 2017.

Cyberinsurance and Vendor Follies Headline King & Spalding Cybersecurity Summit

By Gabrielle Orum Hernández |

Panelists hoped to bring clarity to risk management anxieties arising from the fast-changing cybersecurity market.

Google self-driving car

Autonomous Vehicle Testing Gets Green Light in NY

By Joel Stashenko |

New York's new state budget waives a state law prohibiting the operation of driverless vehicles as part of controlled testing that Gov. Andrew Cuomo hopes will grow an industry in autonomous automobile technology.

Corporate Legal's Metrics Mandate: Create Your Own KPIs, or Others Will

By By Rhys Dipshan |

The 2017 CLOC Conference focus on harnessing legal data toward actionable metrics is more than advice—it's increasingly becoming a business necessity.

Massachusetts Attorney General Maura Healey.

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

By Lori Kalani |

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

Corporate E-Discovery Struggles With Employee Mobile Device Proliferation

By Rhys Dipshan |

As companies expand mobile device in-house, many are worried about their ability to limit the exposure of potentially discoverable corporate data.

Compliance Playing Catch-Up with Regulators in Data Analytics Race

By Charles Hastie, Clutch Group |

As the regulators’ own capabilities of examining big data grows, it becomes less likely that they will discuss search terms with you to narrow down a data request.

Not Everyone Is Happy About Latest Fintech Charter Proposal

By Stephanie Forshee |

Public comments are now available on a new set of draft guidelines dealing with special purpose bank charters for fintechs.

Google Files Rare Sealed Motion in Hiring Data Dispute With DOL

By David Ruiz |

Tech giant Google filed a motion under seal Tuesday at the instruction of Administrative Law Judge Steven Berlin, in a move that attorneys said was very rare.

What's in Your Warehouse? Closing the Business Intelligence Data Gap

By Zach Warren |

Collecting and normalizing business intelligence data, building a data warehouse, and effective presentation for outside the organization will be key concepts at the 2017 CLOC conference.

Corporations’ Living Data: 3 Biometric Trends to Keep An Eye On

By Rhys Dipshan |

Even with security advancements, the use of biometric data may running into increased regulatory oversight and far-reaching state privacy laws.

New Counsel Rules Meant to Keep Sharks Out of 'Ocean of Data' Could Slow Work, Raise Costs, Firms Say

By David Ruiz |

Recently issued cybersecurity guidelines by the Association of Corporate Counsel are meant to prevent data breaches but some lawyers are saying they will add hours and dollars to projects.

Five Steps to Better Oversight of E-Discovery Spend

By Larry Barela |

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

Government Accountability Office building in Washington, D.C.

GAO's Fintech Report Highlights Data Security, Lack of Clarity on Regulatory Oversight

By Stephanie Forshee |

A new GAO report highlights data security as an issue for fintech and its band of many regulators.

Fire Hazards, and the Power of Checklists for Effective E-discovery New Matter Planning

By Matthew Verga and Sarah Cole, Advanced Discovery |

An effective new matter planning checklist needs to address all six phases of your e-discovery project. Here’s a 24 question example.

L-R Bill O'Reilly, Chris Christie and Ken Starr.

From Bridgegate to Bill O'Reilly, Probes Put Law Firms in the Hot Seat

By Miriam Rozen |

For American media audiences, the Bill O'Reilly saga had pretty much everything, from sex and celebrity to money and politics. For law firms and their clients, it was also a reminder: In the biggest scandals, there's nothing internal about internal investigations.

U.S. Securities and Exchange Commission.

Former Execs Agree to Penalties in Hungarian Telecom FCPA Case

By Sue Reisinger |

The U.S. government's bribery case involving Hungary's largest telecommunications company closes after two former executives Monday agreed to pay penalties and accept a five-year bar on serving as an officer or director.

'Need to Know' Security: New Standard of Care, New Competitive Advantage

By Keith Lipman, Prosperoware |

Law firms need to pay attention to both the ACC guidelines and the NYS DFS regulations in order to compete in the current marketplace.

The Benefits of Welcoming AI Into the Legal Department

By Jennifer Williams-Alvarez |

At an upcoming CLOC institute, panelists will discuss how artificial intelligence could have an upside for some legal departments.

IP Management Plans: A Key to Company Success

By Michael D. Specht and Karen Wong-Chan |

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

Delisa J. F. Bressler of Foster LLC.

Long-awaited Immigration Regulation Codifies New Restrictions and Benefits

By Delisa J.F. Bressler |

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

Pascale Dubois.

World Bank Taps Pascale DuBois as Next Integrity Vice President

By Sue Reisinger |

The World Bank Group is set to name Pascale DuBois to its top anticorruption post as its next Integrity Vice President.

Legal Weed Company Gets Some More Lawyer-Shareholders

By Rebecca Cohen |

The marijuana vending machine startup Medbox Inc. got smoked last month by the U.S. Securities and Exchange Commission, which accused the cannabis company of filing sham earnings reports. It was the latest in a series of setbacks for Medbox, now called Notis Global Inc., and its growing ranks of lawyer-owners.

Grading Legal on Operational Excellence

By Rebekah Mintzer |

HBR Consulting knows the difficulty legal departments have evaluating their processes. At CLOC, group leaders will try to help operations professionals make the grade.

Larry Thompson

DOJ Names Larry Thompson as Corporate Monitor for VW

By Sue Reisinger |

Former deputy U.S. attorney general Larry Thompson was named independent corporate monitor overseeing compliance reforms at Volkswagen AG for the next three years by the U.S. government on Friday.

Affordable Care Act Records Part of Nonprofit's Oversight Efforts

By Kristen Rasmussen |

American Oversight, a nonprofit formed by attorneys, is working to reveal information to the public about health care policymaking in Washington.

Cohen Milstein Sellers & Toll offices in Washington, D.C. September 10, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

$28M Settlement Ends Decade-Old Securities Fraud Case

By Cogan Schneier |

The case involved allegations that Harman International Industries artificially inflated its stock prices.

Tesla Autopilot Features Defective, 'Dangerous If Engaged,' Suit Claims

By Ben Hancock |

Class action powerhouse Hagens Berman Sobol Shapiro accused the automaker Wednesday of making its customers "beta testers of half-baked software."

Trevor McFadden, Acting Principal Deputy Assistant Attorney General with the U.S. Department of Justice Criminal Division.

DOJ Pledges to Speed Up FCPA Investigations

By Sue Reisinger |

Trevor McFadden, the U.S. Department of Justice's Criminal Division acting principal deputy assistant attorney general, says the DOJ intends to wrap up old cases and accelerate new investigations.

Securities Law Disclosure Checklist for Alleged (or Confirmed) Misconduct

By M. Ridgway Barker and Clyde Tinnen |

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

Harry Joe, member of Dallas' JMO Firm

Executive Order Targeting H-1B Could Hurt Schools and Universities, Immigration Attorney Says

By David Ruiz |

President Donald Trump on Tuesday ordered a review of the temporary worker visa program heavily used by Silicon Valley companies but Dallas-based immigration attorney Harry Joe said changing the program could also hurt universities and schools.

FTC Tells Paid 'Influencers' to Disclose When Instagram Posts Are #Ads

By C. Ryan Barber |

The Federal Trade Commission is keeping tabs on the growing trend of brands hiring so-called "influencers"—athletes, celebrities and others with large followings—to promote their products on social media. Up until Wednesday, the agency has put the burden of ensuring proper advertising disclosure on the brands. The agency sent 90 letters to influencers and marketers informing them of their responsibility to "clearly and conspicuously" disclose the business relationships behind social media posts.

Judge Rejects N.C. Blue Cross and Blue Shield's Claim for $130M in Fed Health Care Payments

By Kristen Rasmussen |

Judge Lydia Kay Griggsby of the U.S. Court of Federal Claims in Washington, D.C., rejected a lawsuit brought by Blue Cross and Blue Shield of North Carolina for $130 million in payments under the Affordable Care Act's risk corridor program.

Aaron Alter

Hawaiian Airlines' Top Lawyer Calls United Fiasco a 'Case Study on What Not to Do'

By Jennifer Williams-Alvarez |

Aaron Alter, head of the legal department at Hawaiian Airlines, says there's plenty that United Airlines could have done differently with their recent passenger removal scandal.

Kim Yapchai, chief compliance officer at Whirlpool Corp.

Whirlpool CCO Talks Compliance as Career Path for In-House Lawyers

By Jennifer Williams-Alvarez |

Kim Yapchai, chief compliance officer at Whirlpool, talks about the benefits of entering the compliance side of the in-house legal world.

How a Prepaid Card Company Emerged as a 'Major Opponent' to CFPB

By C. Ryan Barber |

Netspend and its parent company Total System Services have spent hundreds of thousands of dollars lobbying on prepaid card rules and other regulatory matters. The two companies are not backing down. Netspend is pushing the Consumer Financial Protection Bureau to delay its new rule, and on Capitol Hill, Total System Services is jumping into an effort, sponsored by Republican lawmakers, to tear up the new regulation.

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

By Sanjiv Bawa |

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

Global Patent Filings Spike in Fintech

By Stephanie Forshee |

A new study from British law firm EMW finds an enormous increase in fintech patent filings.

President Donald Trump speaks at tool manufacturer Snap-on Inc. in Kenosha, Wis., on April 18.

Trump Business Competitors Allege Unfair Impact in Emoluments Suit

By Andrew Denney |

Restaurants and hotels in which President Donald Trump has financial interests are unfairly siphoning business away from competitors in New York and Washington, D.C., the new plaintiffs in a watchdog group’s emoluments suit against Trump allege.

U.S. Securities and Exchange Commission building.

Supreme Court May Clip SEC's Enforcement Power

By Tony Mauro |

A case argued Tuesday considers whether the use of "disgorgement" by the U.S. Securities and Exchange Commission should be considered a penalty subject to a five-year statute of limitations.

Proxy Access, Environment, Political Spending Top Issues in Proxy Season: Report

By Sue Reisinger |

The 2017 Proxy Monitor Report sponsored by the Manhattan Institute for Policy Research, a domestic policy think tank, finds that these are the top issues to watch this 2017 proxy season.

Jury Consulting Gets Emotional With the Help of Technology

By Gabrielle Orum Hernández |

Jury consultant Susan Constantine is employing facial recognition software, but the jury is still out on the tool's efficacy and impact.

Court OKs $2.6B Fine Agreed to by Feds, Brazilian Builder

By Andrew Denney |

A Brazilian construction conglomerate that pleaded guilty last year to running a vast bribery operation was sentenced on Monday to pay a landmark $2.6 billion, one of the largest settlements in the United States under the Foreign Corrupt Practices Act.

Karen Taylor, Anaqua.

Inside Asia's Legal Technology Evolution With Anaqua's Karen Taylor

By Rhys Dipshan |

Corporations operating in Asia are turning to legal technology to manage IP assets and work more efficiently on a global scale.

Brian Stearns and Mark Woolfolk of Morae Legal

For Legal Departments, Tech Enables Broader Transformation

By Rhys Dipshan |

Morae Legal managing directors Brian Stearns and Mark Woolfolk discuss how legal technology enables corporate legal to rethink how it approaches and delegates work.

Cyber Crime: How Architects, Engineers and Contractors May Be at Risk

By Daniel Gmelin, Hiscox, Property Casualty 360 |

The risk management rundown on making sure your company, no matter the size, is protected from common cyber risks.

Daily Report Announces In-House Awards

By Jonathan Ringel |

​The Daily Report on Friday announced the honorees in its In-House Legal Department of the Year and GC Impact program.

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

Gorsuch's SCOTUS Debut Offers Clues to Demeanor

By Tony Mauro |

The rookie judge was up on the minutiae of all three cases argued Monday and ready to engage with counsel. Here are four highlights from his first day on the bench.

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

CFPB Sues Ohio Law Firm Over Debt-Collection Practices

By C. Ryan Barber |

For the second time this year, the Consumer Financial Protection Bureau has accused a law firm of using overly aggressive debt collection tactics.

In-Car Payments to Drive Risks for Auto Companies

By Stephanie Forshee |

Automakers are adding in-car payments systems to vehicles, a development that could lead to more convenience for drivers, but also more potential headaches for corporate legal departments.

The EU’s General Data Protection Regulation (GDPR)

By Ryan Costello, Commercial Leasing Law & Strategy |

Considerations for Corporate Counsel and Discovery Teams: With the EU's General Data Protection Regulation (GDPR) set to take effect in May 2018, the serious implications for corporate legal counsel and e-discovery teams are difficult to deny.

U.S. Department of Justice.

DOJ's FCPA Pilot Program Wins Some White-Collar Praise, to a Point

By Sue Reisinger |

Weighing the risks of self-reporting a bribery violation, or hiding it, has always been a thorny issue for companies. That's the dilemma at the heart of the U.S. Justice Department's pilot program for violations of the Foreign Corrupt Practices Act. The Justice Department is mulling whether to continue the pilot program or to modify it. Most lawyers who have participated in the program said it should be continued, but with more clarity for companies.

Amazon Snags Morrison's Katie Thomson for New Logistics Role

By C. Ryan Barber |

In 2014, as general counsel to the U.S. Transportation Department, Katie Thomson shared a piece of advice she often gives to young lawyers: "What you do in your life is important but who you work with is equally important." Less than a year after leaving the Obama administration to join Morrison & Foerster, where she was chairwoman of the firm's transportation group, Thomson is now moving on to a newly created position at Inc.

Red Bull North America Inc. general counsel Jorge Carlos Kuri

Red Bull North America GC: 'There's No Such Thing as a Sports Lawyer'

By David Ruiz |

Several in-house counsel at a UC Berkeley School of Law conference described how little sports has to do with their "sports law" jobs.

Apple Headquarters at 1 Infinite Loop in Cupertino, California.

Apple Enters Self-Driving Race: Here's the Overall Lineup

By Cheryl Miller |

The street race to develop and test autonomous vehicles ramped up this week when the California Department of Motor Vehicles granted Apple Inc. a license to test three driverless SUVs on state roads.

Even After $6.8 Million Win, Litigation Still 'Last Resort' for GC

By Jennifer Williams-Alvarez |

Despite an almost $7 million litigation win, the GC of fitness equipment company TRX still sees litigation as a last resort.

U.S. Supreme Court building

SCOTUS Takes Up Key Timing Question in Securities Suits

By Amanda Bronstad |

In a case closely watched by institutional investors, CalPERS is hoping to reverse the Second Circuit and extend the window for opt-out suits.

U.S. District Judge Charles Breyer, Northern District of California

Judge Axes Hagens Berman Fee Request in VW Case

By Amanda Bronstad |

U.S. District Judge Charles Breyer awarded the Seattle plaintiffs firm $2.3 million, a small fraction of its request.

Mark Carney, governor of the Bank of England.

Bank of England Chief Sees No Need for Tougher Fintech Regulation

By Stephanie Forshee |

Fintech could pose a threat to traditional banks in the U.K., says the governor of the Bank of England, but that need not mean tougher regulations.

The Internal Audit Function

By William Floyd, Commercial Leasing Law & Strategy |

The International Professional Practices Framework released last year by the IIA is intended to provide guidance for internal auditors, by seeking to focus on core principles. The framework identifies 10 core principles that describe or guide what an effective internal audit function should focus upon and to what it should adhere.

FCPA Pilot Program: How Five Cases Were Resolved

By Sue Reisinger |

Although the U.S. Justice Department's FCPA pilot program has publicly declined prosecution in five cases based on similar criteria, the outcomes were varied. Here at a glance are the results of the five cases resolved under the program so far.

CFPB Director Richard Cordray speaking at the U.S. Chamber of Commerce’s 11th Annual Capital Markets Summit: Financing American Business, in Washington, D.C. March 30, 2017.

CFPB Faces 'Rock and a Hard Place' in Pushing Arbitration Rule

By C. Ryan Barber |

The question hanging over the CFPB's arbitration rule—a proposal that drew tens of thousands of comments from consumer and business advocates—is less now about the finer points of the final rule than about whether the regulations will ever see the light of day at all. For the agency, the threat of a congressional override is not abstract. Republican lawmakers in the House and Senate proposed bills to tear up the CFPB's prepaid card rule.

Using Computer Forensics to Investigate Employee Data Theft

By Timothy M. Opsitnick, Joseph M. Anguilano and Trevor B. Tucker, JURINNOV, Cybersecurity Law & Strategy |

When suspicions of employee data theft arise, it is important to engage a computer forensics expert to perform a theft-of-IP analysis in order to preserve electronic data and uncover important evidence.

Brett Hart, general counsel to United Airlines (2014)

In Light of United's Overbooking Fiasco, Who's Leading the Legal Department?

By Jennifer Williams-Alvarez |

Brett Hart, general counsel of United Airlines, will likely play a pivotal role in the company's response to a recent scandal.

AG Sessions’ Immigration Directive Foreshadows Return of Worksite Enforcement

By Ryan McConnell and Stephanie Bustamante |

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

United Passenger Has 'Every Right to Bring Legal Action'

By Stephanie Forshee |

United Airlines' reputation has taken a bruising since Sunday, when police forcibly removed a passenger from a flight in Chicago that the company initially said was overbooked. But will the airline face legal challenges as a result of the incident?

Why is Flying So Terrible? Blame These Antitrust Lawyers

By Jenna Greene |

You don’t have to be beaten and dragged off a flight to conclude that flying coach is a miserable experience these days. Wondering who to blame? Here’s a suggestion: antitrust lawyers--and yes, we're naming names. The ones who rammed through airline mergers--and the ones at DOJ who took the bait.

Mallun Yen, RPX Executive Vice President

Cisco Alum Mallun Yen to Leave RPX Post

By David Ruiz |

Yen, a prominent IP lawyer, will step down as executive vice president of the intellectual property defense company Sept. 1, but will hold a seat on its board of directors.

Qualcomm Headquarters in San Diego, CA.

Sullivan & Cromwell Guides BlackBerry to $815M Arbitration Win

By Scott Graham |

Qualcomm was ordered to pay a refund of royalties for phone and chip modem sales that exceeded a per-unit cap.

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

By E. Leigh Dance |

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

Cohen Milstein Sellers & Toll offices in Washington, D.C. September 10, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Humanitarian Aid Lawsuit Targets Former Yahoo Lawyers

By Cogan Schneier |

A lawsuit filed Tuesday claims only a fraction of a $17 million trust created under a Yahoo settlement has been used to provide humanitarian aid to Chinese dissidents.

Orlando Richmond at Butler Snow during talc powder suit

J&J, Backed by Battalion of Lawyers, Opens 5th Talcum Powder Trial

By Amanda Bronstad |

With eight figures potentially on the line, Johnson & Johnson isn't skimping on its defense. Covington & Burling products liability partners Phyllis Jones and Paul Schmidt were on hand in the St. Louis courtroom Tuesday, backing up national coordinating counsel from Butler Snow and Shook, Hardy & Bacon.

Google offices in Mountain View.

Google Trouble Highlights Pay Equity Developments at Companies

By Jennifer Williams-Alvarez |

Accusations of a gender gap in compensation at Google have brought to the fore the importance of pay equity for companies and legal departments.

Jusir and Juicero

Knockoff Chinese Juicer Hits US Kitchens, Says Quinn Emanuel

By Scott Graham |

A federal court complaint on behalf of Juicero Inc. says a Chinese company has copied the "luxurious yet approachable" style of its juicer.

Machines Are Organizing Legal's Data, But Not Fast Enough

By Rhys Dipshan |

Machine-learning powered data classification is providing better insight into internal and operational data, but it has yet to spread to all areas of legal work.

Shake It Up!

By Susan Hansen |

From picking a reform-minded PTO director to unveiling a major antipiracy plan to moving quickly to fill Federal Circuit vacancies, the Obama administration is concocting a heady IP mix.

Seeking Legal Ground in Unallocated Space

By Leonard Deutchman |

In an earlier article, attorney Leonard Deutchman discussed how a Delaware court relied upon unjustifiable technical conclusions to find a defendant in contempt of court for wiping the unallocated space on a hard drive. He now examines the court's legal conclusions and their implications.

Facebook Feature Could Ease Cloud-Based eDiscovery

By Craig Ball |

Remember those Staples 'Easy Button' ads? In eDiscovery, lawyers long for that big, red easy button to help us meet our client's duty to preserve electronically stored information.

E. Barrett Prettyman Court House.

Fight Over 2 Big Law Accounts Sparks Legal Tech Spat

By Cogan Schneier |

In a new suit, eSentio Technologies accuses HBR Consulting of derailing its bid for document management work from Akin Gump and King & Spalding.

Advising the 'Cultural Revolution' in the Boardroom

By By Michael W. Peregrine |

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

Wells Fargo.

Report Faults Wells Fargo's Law Department in Sham-Accounts Scandal

By C. Ryan Barber |

Shearman & Sterling's report on the Wells Fargo sham-accounts scandal didn't hold any punches. And the bank's law department didn't escape scrutiny. The report found the law department "did not appreciate that sales integrity issues reflected a systemic breakdown in Wells Fargo's culture and values and an ongoing failure to correct the widespread breaches of trust in the misuse of customers’ personal data and financial information." Wells Fargo CEO Tim Sloan said the report provides a new opportunity to "learn from our mistakes."

Data center with hard drives

Challenged by the Old and New, Corporate E-Discovery Hits a Wall

By Rhys Dipshan |

A survey by Osterman Research finds many corporations are unable to retain, produce and search through much of their internal data given depending on its age, type and where it’s stored.

United Airlines Airbus A320.

United's Social Media Response Ignores Reputational Risk

By Ryan McConnell and Meagan Baker |

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

(clockwise from top left): Instagram, Foodspotting, Path, and Twitter.

Twitter, Yelp Strike $5.3M Settlement in App Privacy Case

By Ross Todd |

Eight app makers have agreed to settle a California class action accusing them of accessing the address books of Apple customers without permission.

Cybervillains Lurk on LinkedIn

By Steve Thomas |

Hardly a day goes by without news of another data breach, online scam, new malware threat, or other success story from the annals of organized cybercrime.

Regulatory Scrutiny Ramping Up in the Rapidly Expanding Internet of Things

By Natasha Kohne and Crystal Roberts, Akin Gump |

All three major branches of the federal government, as well as the states, have begun to tackle regulation of the IoT.

Integration for Investigation: kCura/Videris Partnership Pulls Web Data to Connect Dots

By Ian Lopez |

kCura and Videris are betting their integration can vastly improve the efficiency of analyzing data sets by aligning internal and external data sets.

Microsoft Office 365

Microsoft Introduces New Data Governance, Threat Intelligence Offerings for Office 365

By Zach Warren |

For legal, Microsoft is trying to streamline records retention and deletion while keeping data in place.

Matt Cushing, vice president and general counsel of Pegasystems

The Ever-Changing Roles of the Tech GC: A Chat with Pegasystems GC Matt Cushing

By Rhys Dipshan |

Matt Cushing, general counsel at technology company Pegasystems, discusses the opportunities and challenges legal professionals face in one of the economy's most cutting-edge industries.

Managers Are Failing to Foster Ethical Conduct: Report


A new survey by consultant EY finds that more than three-quarters of board directors and senior managers in Europe, the Middle East, India and Africa who responded to a survey said they could justify unethical behavior if it would help their businesses survive.

A Decade in Turmoil: Where Chiquita's GC Steered His Company Wrong

By Sue Reisinger |

In the spring of 2003, Robert Olson, then general counsel of Chiquita Brands International Inc., was advising the company on whether to continue making illegal "security payments" to known terrorists in Colombia. The money bought protection for the company's employees and banana plantations.

Updates in Federal Trade Secret Law

By Austin Champion |

With the enactment of the Defend Trade Secrets Act of 2016 (DTSA), federal courts are now wide open for trade secret litigation.

Judge Abruptly Adjourns Labor Department's Fight with Google

By David Ruiz |

A Labor Department judge adjourned a bench trial scheduled to close Friday evening as Google's attorneys needed to discuss a "significant matter."

Reese Arrowsmith, vice president and head of legal operations at Campbell Soup Co.

Campbell Soup Exec Heads New ACC Section

By David Ruiz |

The Association of Corporate Counsel named Reese Arrowsmith the first chair of the organization's budding legal operations group, called ACC Legal Operations. Arrowsmith currently serves as the vice president and head of legal operations at Campbell Soup Co.

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

Gorsuch's SCOTUS Vote Could Soon Prove Decisive on Many Cases

By Marcia Coyle and Tony Mauro |

The final round of arguments in the U.S. Supreme Court this month will give soon-to-be Justice Neil Gorsuch opportunities to reveal how he would deal with a range of issues, including government support of religious institutions and requirements for securities and product liability claims.

U.S. Department of Justice building in Washington, D.C.

A 21st Century Fox Lawyer's Perspective on Cooperation

By Stephanie Forshee |

Brian Michael, 21st Century Fox's deputy general counsel and group chief compliance officer, keeps this in mind when telling executives about cooperation: What will regulators think and say about the company's action months down the line?

What Labor Lawyers Are Saying About Wave of Millennial Unionization

By Todd Cunningham |

Recent union gains in the digital media sector have attorneys asking an urgent question: Will this motivate millennials in other industries to follow suit and rock the workplace world?

U.S. District Judge James Donato of the Northern District of California

Judge Allows 3-Month Trial Delay Over Litigation Funding Issues

By Scott Graham |

Exploring uncharted territory, U.S. District Judge James Donato on Wednesday agreed to postpone a computer hacking trial for three months while the plaintiff seeks new sources of litigation funding.

gevel in a courtroom

7th Circuit's Title VII Ruling Means Employers Must Adapt Anti-Bias Measures

By P.J. D'Annunzio |

In the wake of Tuesday's ruling from the U.S. Court of Appeals for the Seventh Circuit that Title VII of the Civil Rights Act protects against sexual orientation-based workplace discrimination, lawyers observed that employers will have to expand their anti-discrimination policies to adapt to the times.

multi-ethnic team

Legal Depts. Ask Firms for Diversity, Make Efforts In-House

By David Ruiz |

Corporate legal departments pushing for greater diversity in outside counsel are also taking steps to improve diversity in-house. Adobe Systems Inc.'s general counsel is among those involved.

Coca-Cola Company Appoints New UK Head of Legal

By Alex Berry |

Pernod Ricard’s senior legal adviser and compliance officer Ingrid Cope is joining the Coca-Cola Company at its UK and Ireland legal head.

An Open Letter to VW Monitor on Rebuilding the Compliance Program

By Ryan McConnell and Meagan Baker |

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

UCAR Inc., a Chinese rival to Uber Inc.,

Tempers Flare Early in UCAR Trade Secret Suit

By Ross Todd |

Dueling court filings quibble over whether UCAR Inc. attorneys expressly claimed they would not seek a temporary restraining order as part of their trade secret case against four former employees.

Stop Spreading the News: A 5-Step Guide to Handling Unlawful Content Posted on Social Media

By Desiree Moore and Alexis Douglas, K&L Gates |

It might be time to react when someone posts defamatory, offensive or infringing content about you or your business on social media.

Sam O'Rourke

IP Head Sam O'Rourke Leaves Facebook

By David Ruiz |

The intellectual property lead left Facebook after almost 10 years with the company.

Kara Brockmeyer, chief of the Foreign Corrupt Practices Act Unit at the U.S. Securities and Exchange Commission, at Georgetown Law's 16th annual Corporate Counsel Institute on March 8, 2012.

SEC Is Saying Goodbye to FCPA Chief Brockmeyer

By Sue Reisinger |

Kara Brockmeyer, chief of enforcement for the Foreign Corrupt Practices Act and 17-year-veteran at the SEC, is leaving the agency at a time when the new administration is looking at how it might change enforcement of bribery laws.

Fintech Innovation Too Quick for Some Outside Counsel

By Stephanie Forshee |

Some fintech startups are innovating so quickly that it's hard for outside counsel to keep up. Ben Alden, general counsel for personal finance startup Betterment in New York, has hired many firms that he ultimately parted ways with before finding the right outside counsel who understood the company, which offers automated investing, or "robo-advising."

Jonathan Truppman of Casper

Restful Thinking: Jonathan Truppman's Role as Casper Sleep's GC Is a Dream

When Jonathan Truppman tells people where he works, it often turns into an overly detailed conversation about mattress size and firmness, he says. That's because he's the general counsel of Casper Sleep Inc., famous for disrupting the mattress market with its mattress-in-a-box concept.

Kim Rivera, Hewlett Packard

Some In-House Counsel Are Adding Teeth to Diversity Efforts

By Jennifer Williams-Alvarez |

In recent years, some legal departments have started requesting, or in some cases mandating, that outside law firms make diversity and inclusion a priority.

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

By Todd Jefferson Hartley |

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

Facebook's campus at 1601 Willow Rd. in Menlo Park, Calif.

Will Federal Shield Law Save Facebook From Bias Suit?

By Ross Todd |

Facebook's lawyers at Munger, Tolles & Olson have invoked Section 230 of the Communications Decency Act—a go-to defense strategy when internet companies are hauled into court.

Aaron Tantleff, left, and Mark Krotoski, right.

Two Lawyers’ Forecast for Cybersecurity Regs? Cloudy

By Joel Stashenko |

"One emerging theme that all regulators should be taking into account is, what is the landscape for cybersecurity right now?"

Trinh Huynh, Atlanta

Arrest Announced in Midtown Slaying of UPS Lawyer

By Kristen Rasmussen |

Atlanta police announced Tuesday afternoon that a Roswell man was in custody in connection with the shooting death of Trinh Huynh, who arrived as a child refugee from wartorn Vietnam, grew up in Georgia and dedicated herself to the Atlanta legal and immigrant community.


Asia's Digital Growth Set to Squeeze Region's Corporate Counsel

By Rhys Dipshan |

Asian companies are bracing for an expected wave of rising litigation, regulatory action and cost pressures, a Baker McKenzie survey found.

Wells Fargo.

Wells Fargo Will Appeal $5.4M OSHA Whistleblower Award

By Sue Reisinger |

Wells Fargo plans to appeal a federal regulator's order to pay a large award to a fired manager at a Los Angeles bank branch and reinstate him. The filing of the complaint with the Occupational Safety and Health Administration was unusual, experts said.

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

DOL Releases Its Delay of Fiduciary Rule

By Melanie Waddell |

The Justice Department told a federal court on Tuesday that the Office of Management and Budget has concluded its review of the Labor Department's final rule delaying the implementation date of its fiduciary rule by 60 days — from April 10 to June 9.

Privacy Litigation Against Coca-Cola Goes Flat

By P.J. D'Annunzio |

After a rogue information technology specialist working for Coca-Cola gave away some of the company’s laptops containing sensitive employee information, a former Coca-Cola technician sued the company for the resulting identity theft.

Privacy Litigation Against Coca-Cola Goes Flat

By P.J. D'Annunzio |

A federal judge held that Coca-Cola had no responsibility to prevent its employees' personal information from falling into the wrong hands.

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

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

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

Avoiding a Crisis: Corporate Succession Planning

By Eric N. Fidel |

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

Preparing for Ransomware Attacks: Your Company Is a Target

By Ryan Bergsieker and Allison Chapin, Gibson Dunn |

Planning ahead is essential, and legal teams should consider these nine tips when assessing their companies' readiness.

Legal Departments Face High Data Breach Risk, But Few Easy Solutions

By Rhys Dipshan |

Operational, cultural and implementation barriers can challenge corporate legal's attempts to secure volumes of sensitive company data.

Data Collection Is a Top Concern for Drone Operators' Counsel

By David Ruiz |

In-house counsel who spoke on a panel about drone laws and regulation at the Emerging Technologies and Torts of the Future Conference in Menlo Park named their top worries.

What Companies Can Demand From Law Firms on Data Security

By C. Ryan Barber |

The Association of Corporate Counsel on Wednesday released its first set of model cybersecurity practices to help corporate legal departments ensure that outside firms safeguard their company's confidential information. Since 2014, the percentage of top in-house lawyers characterizing data breaches as "extremely" important rose from 19 percent to 26 percent this year.

Robert Khuzami, partner with Kirkland & Ellis in Washington, D.C.

Ex-SEC Enforcer Khuzami Foresees Changes for Whistleblowers

By Sue Reisinger |

Few attorneys have had a career as broad and varied as Robert Khuzami's, which has ranged from private practice to federal prosecutor to bank general counsel to enforcement director at the U.S. Securities and Exchange Commission.

DOJ to Employers: You Can't Favor H-1B Workers in Hiring

By David Ruiz |

The Justice Department on Monday warned companies against favoring foreign, temporary visa workers in hiring, firing or recruiting efforts as U.S. Citizenship and Immigration Services begins reviewing potentially hundreds of thousands of applications for a type of visa granted to those skilled with highly specialized skills.

Danielle Hunter, executive vice president, general counsel and chief risk & compliance officer at C&J Energy Services.

Meet the GC of C&J Energy Services

By Kristen Rasmussen |

Covering corporate law departments and in-house attorneys for Texas Lawyer and other ALM publications, reporter Kristen Rasmussen profiles Danielle Hunter, executive vice president, general counsel, chief risk & compliance officer and corporate secretary at C&J Energy Services.

A Roadmap to Sustainable Savings

By Abbott Martin |

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

United States President-elect Donald Trump, Eric Trump, Ivanka Trump and Donald Trump Jnr. listen to Attorney Sheri Dillon as she speaks about the turning over of The Trump Organization to the children of U.S. President-elect Donald Trump at a press conference at Trump Tower in New York City. The President Elect spoke and answered questions on the turning over of his business to his children, email hacking and fake news. Trump is still holding meetings upstairs at Trump Tower as he continues to fill in key positions in his new administration. President-elect Donald Trump press conference, New York, USA - 11 Jan 2017 (Rex Features via AP Images)

Investment Fund Fires Morgan Lewis for 'Enabling' Trump With Ethics Advice

By Roy Strom |

"Americans deserve a president of undivided loyalty," the Wallace Global Fund told Morgan Lewis' leader. "Your firm has denied them that."

E-Discovery Heads In-House, and It's Not Just Because of Cost

By Rhys Dipshan |

In an industrywide survey, legal technology expert Ari Kaplan found corporate e-discovery is being leveraged more toward information governance and analysis tasks.

Benjamin Alden, Betterment general counsel.

Benjamin Alden, Betterment GC: Data Restrictions Hurt Our Customers

By David Ruiz |

Benjamin Alden, general counsel of personal finance startup Betterment, is caught up in a classic tale of industry disruption: His company allows users to manage their finances by linking their various financial accounts—including bank accounts and credit card info—into one dashboard.

legal computer judge concept, lady justice isolated on white, 3D illustration.

Getting Serious About Document Security Means Balancing Access and Productivity

By Tracie Sokol, Canon U.S.A |

The need for workflow security components goes much deeper than simply meeting compliance requirements.

Sedona Conference Releases 3rd Edition of E-Discovery Principles for Public Comment

By Zach Warren |

The updates to the influential Principles are the first released since 2007, and the third edition is four years in the making.

The Volkswagen manufactory in Wolfsburg, Germany

VW Appoints Kurt Michels Chief Compliance Officer

By C. Ryan Barber |

Volkswagen Group has named Kurt Michels as the German automaker's new chief compliance officer, a hire that comes as the company seeks to move past its multibillion-dollar emissions scandal.

State AGs Secure Groundbreaking Environmental Settlement With Volkswagen

By Amanda Bronstad |

The settlement is part of a multistate agreement under which Volkswagen has agreed to resolve environmental claims based on its installation of “defeat devices” in its diesel vehicles to skirt emissions tests.

In-house Lawyers Raise Doubts Over Deutsche's Panel Stipulation on Junior Lawyer Pay

By Alex Berry |

The majority of in-house lawyers have reservations about Deutsche Bank’s plan to stop paying panel law firms for work carried out by junior lawyers, but believe the move is likely to start a trend, according to a new Legal Week survey of corporate counsel.

Richard Cordray, director of the Consumer Financial Protection Bureau, speaks Thursday, March 30, at a U.S. Chamber event in Washington.

CFPB's Richard Cordray Touts 'Rules of the Road' at US Chamber Event

By C. Ryan Barber |

CFPB director Richard Cordray, speaking on Thursday at a U.S. Chamber event in Washington, defended the consumer agency against an oft-made charge: That the Obama-era bureau engages in "regulation by enforcement."

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

Why General Counsel Oppose Trump's Legal Services Cuts

By Rebekah Mintzer |

This week, 185 corporate counsel urged Congress to support funding for Legal Services Corp. We reached out to several of the in-house lawyers who signed the letter to talk about the LSC and its connection to corporate legal departments.

AGs 'Don't Bite'—and Other Tips for Dealing With State Law Enforcers

By Ben Hancock |

Utah Attorney General Sean Reyes, who could be Donald Trump's pick to lead the Federal Trade Commission, says more companies should get to know their state attorney general offices.

In Rare Move, Judge Imposes Own Monitor in ZTE Plea Deal

By Sue Reisinger |

The federal judge in Dallas who recently signed off on a plea deal between the telecom company ZTE and the U.S. Department of Justice has imposed his own corporate monitor, in an unusual move.

Daniel Gallagher.

Mylan Taps Ex-SEC Commissioner as Top Lawyer

By Kristen Rasmussen |

EpiPen maker Mylan N.V. announced Tuesday that Daniel Gallagher has been appointed chief legal officer, effective April 17. Gallagher served as a commissioner of the U.S. Securities and Exchange Commission from late 2011 to late 2015. He previously held various staff roles at the agency, including as counsel to two commissioners.

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.

Who Has the Keys to Self-Driving Cars?

By Amanda Cicatelli, InsideCounsel |

The Waymo v. Uber case is one of the first major battles over driverless car technology, and it will be a real food fight.

U.S. Supreme Court in Washington, D.C. October 9, 2016.

High Stakes for In-House Lawyers in Supreme Court Patent Venue Case

By Jennifer Williams-Alvarez |

The TC Heartland case raises a number of important issues for in-house counsel around IP and litigation strategy.

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.


The Future of Legal Work

By Constantine Limberakis |

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

Michal Rosenn.

Lawyers Using Social Media Lack Framework for What's Allowed

By David Ruiz |

Companies and firms are dealing with lawyers' social media use on a case-by-case basis, leading to uncertainty, in-house and outside counsel say.

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.

185 Corporate Counsel Urge Congress to Fund LSC

By Marcia Coyle |

President Donald Trump routinely has sought corporate America's voice on a range of issues, but will he and members of Congress listen to the 185 in-house counsel who are opposed to his zero budget for the Legal Services Corp.?

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

By Saad Gul |

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

UPS truck with driver

NY Judge Blasts UPS for 'Non-Compliance' Culture

By Andrew Denney |

In a ruling that could expose the shipper to steep penalties, a judge faulted UPS for turning a blind eye to illegal cigarette shipments until it was faced with legal action.

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

By Syed S. Ahmad And Paul T. Moura |

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

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

By Sylvia Harrison, McDonald Carano |

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

Retailers Win Round in SCOTUS Credit Card 'Swipe Fee' Case

By Tony Mauro |

The U.S. Supreme Court ruled Wednesday that a state law preventing retailers from telling shoppers they are imposing a “surcharge” on credit card purchases could be unconstitutional.

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

DOL Sends Final Fiduciary Rule Delay Request to OMB

By Melanie Waddell, ThinkAdvisor |

'We think DOL will move forward with the [delay] announcement as soon as possible after OMB clearance,' says Groom attorney Saxon.

PALO ALTO, CA - MARCH 18: The Tesla Motors World Headquarters located in Palo Alto on March 18, 2014. Tesla Motors is an American company that designs, manufactures and sells electric cars.

GCs Should Audit, Review HR Departments To Avoid Crises Like Uber's, Tesla's

By David Ruiz |

Due to allegations of failed HR departments inside Uber and Tesla, GCs should work more closely with the departments to prevent lawsuits and internal problems, lawyers say.

Wells Fargo Strikes $110M Settlement Deal in Fake Accounts Cases

By Amanda Bronstad |

The agreement comes in a California case just before the Judicial Panel on Multidistrict Litigation heard arguments that the suits should be coordinated before a single judge.

In Romania, Swept by Protests, Compliance Training Finds Willing Ears

By Sue Reisinger |

On March 7 and 8, General Dynamics, joined by TRACE International and the Romanian Chamber of Commerce and Industry, found 150 participants eager to hear about business ethics in Romania, which has been swept by anti-corruption protests in recent months.

Makan Delrahim listens to testimony during the confirmation hearing of judge Neil Gorsuch to replace the late Antonin Scalia at the U.S. Supreme Court.  March 20, 2017.

What to Know About Makan Delrahim, Trump's Antitrust Division Pick

By C. Ryan Barber |

Makan Delrahim, a former top lobbyist for tech and health care companies who now serves as a deputy White House counsel, is the Trump administration's pick to lead the U.S. Justice Department's Antitrust Division, a key post that would put him, and his front-office staff, in the spotlight of in-house legal departments looking to win approval for mergers and acquisitions.

The Disparagement Dilemma: Insurance Coverage for the Defense and Indemnity of Product Disparagement Claims

By Syed Ahmad, Andrea DeField and Katherine Miller |

For decades, retailers and all other kinds of companies have faced suits alleging breach of contract, unfair trade practices or tortious interference. For some lucky insureds, courts have found coverage for these lawsuits where they include allegations of product disparagement—a covered "personal and advertising injury" under typical commercial general liability policies.

Hacker Tries Extortion Plot vs. Apple, but Co. Says it Is Not Harmed; Here's What To Do

By Sue Reisinger |

While Apple says users are safe, the event underscores the importance for companies to be prepared for cyber events, says Alston & Bird partner.

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.

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.


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.

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.

Male and female business people shaking hands

General Counsel March Moves Roundup

By Rebekah Mintzer |

This month has brought some major personnel changes at the top of companies’ legal departments.

Deferred Compensation and Safe Harbor Plans

By Lawrence L. Bell, Accounting and Financial Planning for Law Firms |

Companies are constantly looking for ways to recruit, retain and reward valued employees. The Department of the Treasury issued final regulations addressing deferred compensation and safe harbor planning utilizing §§409A(d)(1), 457(e)11 and 31.3121(v)(2). These regulations set forth how plan sponsors can provide death benefits on a permissibly selective basis.

With Hourly Rates Rising, Report Shows Spotty Record for GC's Cost-Constraint Tactics

By Roy Strom |

Hourly rates are rebounding strongly from the post-recession doldrums and Big Law is leading the way in capturing more money for their time. Nonetheless, overall demand for lawyers’ time continues to fall, according to an analysis released Monday of actual legal invoices from nearly 100 companies.

Compliance Audits: 10 Steps to Success

By Dan Potts |

Astute receivables leaders know how to identify issues and act on them before they become major problems—especially when it comes to compliance. The cost of noncompliance and damage to reputation can be debilitating, but preventive measures save resources by eliminating the cost of noncompliance and damage to reputation, helping to create new business and maintain advantage over the competition.

Danielle Conley, partner, Wilmer Cutler Pickering Hale and Dorr LLP.

Wilmer Grows Civil Rights Practice, Agency GCs Find Homes, Gorelick Explains Trump-Team Clients

By Katelyn Polantz |

The latest D.C. Big Law hires and other industry news.

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.

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.

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.


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.

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.

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.


'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.

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.

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.

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.


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.

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.


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.


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.


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.