President Donald Trump on Thursday nominated the Florida International University College of Law dean to become labor secretary.
President Donald Trump on Thursday nominated the Florida International University College of Law dean to become labor secretary.
Should you litigate an online defamation? The answer depends on the circumstances and your overall goals.
Though coming to contrary conclusions, both court rulings offer guidance of how counsel can safeguard cloud data and how cloud technology is straining conventional legal thinking.
The legal profession has long struggled with diversity and inclusion. HP Inc. took a novel step in announcing that the company may withhold legal fees from law firms that don't meet diversity staffing requirements. Kim Rivera, HP's chief legal officer and general counsel, on Tuesday detailed the genesis of the fee-holdback program—and the early responses. "I spoke to GCs and law firm partners across the country and much to my gratification, they were very open and collaborative," Rivera said.
In 2003 there were an estimated 500 million internet-connected devices. By 2020 it is predicted there will be 50 billion. Travis LeBlanc, recently resigned chief of enforcement at the Federal Communications Commission, says the profusion poses privacy and security risks for individuals, companies and countries.
The time, capital and personnel required to get basic AI technologies running in-house underscores why such implementation is limited to legal teams.
President Donald Trump wasted little time in naming R. Alexander Acosta on Thursday as his new labor secretary nominee to replace Andrew Puzder, who withdrew his nomination amid opposition in the U.S. Senate. Acosta would become Trump's first Hispanic cabinet nominee.
Cloud computing company Vapor IO based in Austin, Texas hired Catherine Bedell as general counsel this week. Audio hosting platform SoundCloud hired Amazon veteran Merritt Farren as GC.
The Federal Communications Commission announced Wednesday that it has reached a $9.1 million settlement with two telecommunications companies that provide relay services for people with hearing and speech disabilities.
Chris Laia, general counsel and chief compliance officer of RedCrow, a health equity crowdfunding startup, is tackling a fast-changing regulatory environment.
TCL is asking Judge James Selna to set a FRAND rate and award damages for Ericsson's alleged breach of FRAND commitments.
The Southern California trial is likely to flesh out the limits on royalties that can be charged for standard-essential patents.
Think about the competencies you need to develop to achieve your own professional objectives, and the competencies that your team needs to be able to perform at their best.
Derek Meisner, general counsel and chief compliance officer of Quantopian, speaks about being the sole attorney at a company with a fintech focus and a global reach.
Though Gorsuch's views on patents are mostly unknown, the Tenth Circuit judge has had plenty to say in other areas of intellectual property. And attorneys see signs that he might scale back some procedures created by the America Invents Act.
More in-house counsel are focusing on the quality of their patent programs, a new survey from IP management and analytics software company Lecorpio says.
Some industry players are steering clear of class actions because of a ban on attorneys sharing fees with nonlawyers. Others are willing to invest but structure their deals to avoid the rule.
Federal health officials released a proposed rule on Wednesday that would significantly shorten the amount of time individuals would have to enroll in health insurance plans in 2018. It is an attempt to incentivize insurers to stay in the marketplace while the Trump administration dismantles the Affordable Care Act.
Mounting opposition and Puzder being 'very tired of the abuse' led to him bowing out.
William "Mo" Cowan, who once served as an interim member of the U.S. Senate, is joining General Electric as vice president of litigation and legal policy.
Companies responding to records requests from law enforcement often face conflicting mandates, said Google's chief counsel for law enforcement and security.
Trial lawyer James Wagstaffe describes his winning strategy in the wrongful termination suit by whistleblower Sanford Wadler, former general counsel of Bio-Rad Inc. Wadler was awarded more than $15 million.
In-house legal departments regularly encourage, and in some cases require, that outside firms have some level of diversity in staffing legal work. Hewlett-Packard Inc. has taken this mandate a step further—saying the company will withhold invoiced fees from firms that do not meet diversity requirements.
Oracle has renewed its copyright clash with Google in a return trip to the U.S. Court of Appeals for the Federal Circuit. The software giant submitted its opening brief Friday from its unsuccessful trial bid to recover $8 billion for Google’s copying of Java application programming interfaces (APIs) into its Android operating system.
Consilio's Michael Becker chats e-discovery's German growth, key differences in European discovery and more.
President Donald Trump has signed an executive order that has in-house lawyers wondering what will become of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
A trial victory led to a meeting with the chairman of Miami-based Spanish broadcasting system and Richard Lara's appointment as the company's general counsel.
The ruling from an Oakland federal judge is the first to deal with privacy issues related to beacon technology used in apps.
Amid news of a growing number of law firm data breaches, more in-house legal departments are starting to encrypt their emails with outside counsel on sensitive matters, including litigation and high-stakes mergers.
Michael Fricklas, general counsel to Viacom Inc., is departing the New York-based media company after spending two decades in the legal department. In an email to Corporate Counsel, Fricklas said he is uncertain about next steps but is considering "a number of interesting entrepreneurial opportunities."
For many businesses, President Donald Trump's order to cut two existing rules for every new rule was a welcome harbinger for an era of fewer regulations. But the fledgling commercial drone industry—still sorting out the rules federal regulators rolled out in August—isn't so sure Trump’s 2-for-1 plan is a good deal.
Is pay transparency the next big litigation risk for employers? Maybe. But employers can take steps to minimize risk and create a compensation culture that is race- and gender-neutral.
Tom Price, former Republican congressman from Georgia, has been sworn in as secretary of the Department of Health and Human Services. A longtime opponent of the Affordable Care Act, here's what health industry execs and counsel can expect from him.
For all of its benefits, social media also poses risks to companies. Luckily, in-house lawyers can help.
The FTC's Jessica Rich spearheaded rules protecting children's online privacy and sensitive financial information. And as the chief of the consumer protection bureau, she oversaw a $200 million settlement with Herbalife and took enforcement actions against Apple Inc. and Amazon Inc. After 26 years at the agency, she's leaving. But not retiring. We caught up with Rich this week about her long career—what's up next.
From the EU’s General Data Protection Regulation (GDPR) to China’s far-reaching cybersecurity law, data localization mandates are affecting how multinational corporations manage and transfer data from their various worldwide offices.
Rod Sorensen, managing partner of the Silicon Valley office of Payne & Fears, a defense litigator for technology companies, in a Q&A, says the big verdict in the whistleblower retaliation lawsuit by fired general counsel Sanford Wadler against his former employer, Bio-Rad, could lead to more such suits. He also says taking such cases to a jury is risky in the current environment.
If there's a way to respond to a president who has taken aim at the federal judiciary, it's to speak with one voice. That's just what the Ninth Circuit did on Thursday with its per curiam opinion that struck back at the notion that a president's actions are unreviewable.
Acting Labor Seretary Hugler likely to act ‘in short order’ to delay fiduciary rule
The U.S. Labor Department as expected filed a notice Thursday with the Office of Management and Budget to delay implementation of the Obama administration's controversial retirement-savings rule.
An exploration of the modern cyberespionage threat and how in-house legal departments are fighting back.
Lawyers prepared for Tuesday's Ninth Circuit arguments under extreme time pressure. But the judges wouldn't cut them any breaks.
Victoria Lipnic, the new acting chair of the Equal Employment Opportunity Commission, says the agency will focus on age discrimination, equal pay and fostering job growth.
President Donald Trump has been tweeting from the hip, targeting companies over their plans to move jobs overseas or, in the case of Nordstrom, over the retailer's decision this week to pull Ivanka Trump's clothing brand from shelves. All of this has the business community on edge. And that means questions for lawyers. The National Law Journal caught up with James Garland to talk about how companies are preparing for Trump's Twitter ire.
In the modern legal profession, there is no longer a straight line on corporate matters that runs from the legal department to outside counsel to law firm vendors. The reality is, for any work on a given matter, there are a number of options available to corporate and law firm counsel—including alternative legal service providers.
As the insurance industry explores and develops the use of smart insurance policies, it behooves risk managers and in-house counsel to begin to understand the opportunities and pitfalls of this new technology.
Companies like Nordstrom now have to deal with the possibility of a negative tweet from President Donald Trump, and legal departments have a role to play in crafting a response.
The U.S. Court of Appeals for the Federal Circuit hit pause Wednesday on a Delaware judge's order that would block sales of Sanofi's cholesterol drug Praluent.
Recent developments should give lawyers pause as to whether they are sufficiently inward looking at the reputational risk they face from their own clients—particularly those seeking to misuse legal services to launder illicit funds.
The rules rolled out in the Northern District of California seek to avoid last-minute challenges that throw trials into chaos.
After three days of deliberating, the federal jury in Dallas was back, ready to answer a $6 billion question: Did Facebook Inc. steal virtual reality technology for the Oculus Rift from Skadden's client, videogame maker ZeniMax Media Inc.?
According to a new report from ALM Legal Intelligence, legal departments are bringing more work in-house, rather than relying on outside counsel.
Microsoft Corp. has announced it will make 10,000 patents available to customers who face lawsuits over innovations that run on Azure, Microsoft's cloud computing platform, and will expand its indemnification program.
As products become more complex with increasing numbers of patented components, manufacturers face a growing challenge in licensing each component from its individual owner.
Industry veteran Stephana Patton will fill the newly created general counsel position at BioTime Inc.
Cornell Boggs will be joining toy retail giant Toys "R" Us as the company's new general counsel.
As with any sort of technology, legal technology addresses a variety of challenges and is created, applied and promoted by a variety of individuals. The ideas, innovations and challenges they face are the focus of many conversations held at “Legalweek: The Experience,” an event that provides a stage for the people behind the machines to alert the broader legal world of the change already at their doorsteps.
We distill the best lessons from Paul Hastings partner Nancy Abell and others at this month's inaugural Women LEAD conference at UCLA School of Law.
A tangle of possibilities lie on the other side of Tuesday's Ninth Circuit showdown. We look at the possible paths.
Team Health Holdings, a hospital service provider, has agreed to pay $60 million plus interest to settle federal charges that a company it recently acquired knowingly overcharged federal healthcare programs including Medicare and Medicaid.
If a merger comes knocking, are you ready?
It was the revised FRCP Rule 37(e) that came to Walmart’s rescue, resulting not in case-ending sanctions, but instead, a relatively mild admonishment
The early days of the Trump administration have come as a gift horse for opponents of the Dodd-Frank Act, the 2010 financial reform law the president and Congress are moving swiftly to shred. The flurry of activity has Covington & Burling's Keir Gumbs in Washington feeling more like a news reporter than a Big Law partner. Still, Gumbs and other lawyers are telling clients not to rest easy.
After five years of battling federal regulators over an age bias lawsuit that ended in a mistrial on Feb. 3, Texas Roadhouse Inc. general counsel Celia Catlett is gearing up to do it all over again.
Former Bio-Rad GC Sanford Wadler's jury win of $2.9 million in back pay and $5 million in punitive damages for wrongful termination Monday holds some lessons for companies and their attorneys.
U.S. regulators are moving ahead with a new rule that imposes new burdens on airlines and their staffs to identify and report to federal authorities passengers who are ill and subject to quarantine, a response to the Ebola outbreak in 2014.
More GCs are working from home. Is the trend here to stay?
Some 128 U.S. companies, led by tech giants Apple Inc., Google Inc. and Microsoft Corp., have joined a friend-of-the-court brief filed Sunday in the U.S. Court of Appeals for the Ninth Circuit saying the Trump travel ban “makes it more difficult and expensive for U.S. companies to recruit, hire, and retain some of the world’s best employees."
Here are a few pointers that U.S. employers should consider when recruiting top talent, even when the H-1B visa category is not an option.
Now under new leadership, the Baltimore-founded Am Law 100 firm continued its years-long run of increases in several key financial metrics.
The jury awarded Sanford Wadler $2.9 million in back pay and stock compensation, which will be doubled, plus $5 million for punitive damages.
Much has been written over the last sixteen months interpreting the shift in U.S. Justice Department policy placing greater emphasis on individual accountability for corporate wrongdoing in federal civil and criminal enforcement proceedings. Apparently not all of it was accurate.
Last week’s Legalweek: The Experience conference brought together industry heads, judges, law firm and legal department attorneys and legal technologists to reflect on the state of the industry heading into 2017. Speakers throughout the conference spoke more broadly to some of the trends likely to shape adoption of technology.
As President Donald Trump on Friday signed an executive order directing a review of the Dodd-Frank Act, the White House criticized the Consumer Financial Protection Bureau as an “unaccountable and unconstitutional new agency.”
What if a computer made a lawsuit unnecessary in the first place? What if contracts could enforce themselves?
David Green, executive vice president, general counsel and corporate secretary at credit-card processor Global Payments Inc. is profiled by reporter Kristen Rasmussen.
The torrent of drastic changes to U.S. immigration law—including a draft proposal of an executive order to restructure and possibly rescind entire worker visa programs—has sent Silicon Valley tech companies into a frenzy, seeking legal help for a multitude of questions.
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."
In the event their company ever becomes a subject or target of international investigation, in-house counsel can position their company to minimize the impact of the MLA request and ultimately the investigation by remembering three key points.
At Legalweek’s “Finding a New Safe Harbor: Using Technology and 1LR to Comply With Cross-Border Data Privacy Rules” and “Update on Effects of Brexit on Privacy and Data Protection Considerations” sessions, panelists sought to impart a sense of urgency, focusing not only on the consequences and reach of the regulation, but the unique and complex challenges it will create for legal professionals.
Seventy-five percent of respondents cited data security as the issue they were most worried about in Consero Group's 2017 Survey of Healthcare General Counsel. An explosion of high-tech “has outpaced everyone's comfort level,” said Norton Healthcare general counsel Robert Azar.
New York state's highest court will hear arguments this week into whether Facebook may challenge the constitutionality of search warrants that Manhattan's district attorney issued for information of the accounts of 381 of its users.
If there’s any silver lining to the first 11 days of the Trump administration, it’s this: lawyers are suddenly beloved—at least by the masses who oppose the president’s policies.
Long gone are the days when an in-house counsel’s job can be performed solely based on legal knowledge alone. From managing and understanding e-discovery to preparing for international data regulations and mitigating the risks of runaway corporate data, the digital age is forcing counsel to adapt to many roles and understand a variety of expertise.
The ruling from the U.S. Court of Appeals for the Eighth Circuit sets up a debate over one of the thorniest issues in data breach cases—whether and how to compensate individuals for the theft of personal information when it cannot be tied to financial injury.
The newly formed Restaurant Law Center is taking on some of the industry's biggest issues such as tip pooling, joint employer relationships and new overtime laws.
At a recent panel discussion, two in-house lawyers shared how they are working to expand opportunities for those with disabilities in their legal departments.
While the U.S. Securities and Exchange reportedly investigates whether Yahoo Inc. should have disclosed two massive data breaches to investors earlier, corporate defense attorneys who are not involved with the matter say any charges would mark the first SEC case involving failure to disclose a data breach to shareholders.
Having been amended in December 2015, the changes to the Federal Rules of Civil Procedure (FRCP) have had a considerable amount of time to settle into the minds of the lawyers and judges tasked with interpreting them.
Rich Lauwers, information governance and management subject-matter expert at Hewlett Packard, started off Legalweek’s “Managing Information Risk in an Evolving Regulatory World” plenary session with a story.
The United States has a shortage of security analysts qualified to stop cyberattacks, and trouble competing with high-tech companies such as Google and Microsoft also trying to recruit them, FBI and private sector computer experts said.
Exxon Mobil Corp. Wednesday argued that Texas courts had jurisdiction to take up its claims against the attorneys general of New York and Massachusetts that they are abusing the corporations' free speech rights and seeking to unreasonably search and seize its business records in pursuing their climate-change litigation against the oil giant.
In a win for lawyers at Skadden, Arps, Slate, Meagher & Flom, a Dallas jury found Facebook-owned Oculus with a $500 million verdict.
Bio-Rad Laboratories Inc. chief financial officer Christine Tsingos added a new claim to the company's case against fired general counsel Sanford Wadler in court Tuesday: Wadler allegedly once became openly hostile in a meeting, pounding his fists and yelling at the room.
Two decades after retailers got blowback for their labor practices abroad, more top lawyers are stepping into business-focused roles and tackling sustainability and corporate social responsibility efforts.
As the amount of data retained by companies grows, corporate legal departments are asking outside counsel tough questions in order to control the costs associated with e-discovery.
Takata Corp.'s top lawyer in the United States, Eric Laptook, has left his post, weeks after the Tokyo-based automotive safety equipment maker agreed to pay $1 billion in criminal penalties to the U.S. Department of Justice.
The sentencing last week of Pacific Gas and Electric Co. teaches general counsel that failing to cooperate fully with federal prosecutors is risky. Prosecutors asked for and received some harsh penalties.
The chipmaker has been hit with suits in the U.S. and China following an FTC action in the waning days of the Obama administration.
Hearst's legal department has about 100 lawyers and professionals globally.
When confronted with an end run around a contract, a GC has two pressing queries: how do I get out of this? And how can I avoid this next time?
The latest settlement, which comes on top of a similar $14.7 billion payment, resolves lawsuits brought by consumers and the U.S. Federal Trade Commission over 3.0-liter diesel engine vehicles.
Toyota Motor Sales USA’s director of legal operations and litigation support, Eric Lieber, has a lot to consider when it comes to finding the balance between protecting his company’s bottom line and its legal prowess.
As business lawyers dissect the nominee's record, they’re likely to celebrate a 2016 decision by Judge Neil Gorsuch that criticizes the "Chevron doctrine" of agency deference and says the time "has come to face the behemoth.”
With companies such as Amazon, Google and Facebook showing no signs of relinquishing dominant positions in the U.S. marketplace, a panel of experts questioned whether U.S. antitrust laws are still effective in the age of the high-tech behemoths.
How does in-house counsel leadership create conditions where diversity is a goal with objective means, and not merely a subjective wish? Here is one approach.
In choosing Neil Gorsuch for the U.S. Supreme Court, President Trump opted for a candidate with traditional credentials shared by most modern-day justices. A Colorado native with a degree from Harvard Law School, Gorsuch clerked for Justice Byron White and Anthony Kennedy on the Supreme Court. "In our legal order, it is for Congress and not the courts to write new laws. It is the role of judges to apply, not alter, the work of the people’s representatives," Gorsuch said at the White House.
ACORD has elected nine new members to its board of directors.
Nearly 50 percent of global general counsel and chief legal officers say they might end a law firm or outside counsel relationship this year because of underperformance, according to a new survey from the Association of Corporate Counsel.
Two recent U.S. Securities and Exchange Commission actions against companies alleged to have impeded whistleblowers offer clues for how in-house lawyers should treat employees who speak up about potential wrongdoing.
Facebook Inc. attorneys had just one weekend to conduct due diligence ahead of a more than $2 billion acquisition of virtual reality developer Oculus VR. Is that enough time?
Lora Blum, director of corporate legal, is leaving her job to head SurveyMonkey's legal department. She inherits a nine-lawyer team that has helped the company grow for years.
The FRONTEO and 451 Research survey found increasing interest in business intelligence across legal, but room for growth both in-house and in law firms.
The art and science of what influences and shapes human opinion is gaining application and respect within the legal profession.
California Supreme Court’s opportunity to restore due process rights, First Amendment rights, and Communications Decency Act protections to online hosts of user generated content.
With a new emphasis on legal innovation, law schools are using experiential learning and technology tools to meet the future needs of law firms and legal departments.
Citing the Trump administration's threat to the Consumer Financial Protection Bureau, a coalition of consumer advocacy groups and the top Democrats on the U.S. Senate and House banking committees on Thursday moved to defend the agency and its leadership. U.S. Sen. Sherrod Brown of Ohio and Rep. Maxine Waters of California, moving to intervene in a federal appeals court case, said the Trump administration cannot be counted on to defend the independence of the agency's single-director structure.
The financial disclosure reports filed in 2015 by Neil Gorsuch, William Pryor Jr., and Thomas Hardiman reflect that each judge holds investments valued at more than $1 million.
Third-party litigation funding companies are investors first and foremost, and they base their funding decisions on the present value of their expected return. This means that even if a lawsuit has little or no merit, it may be a worthwhile investment if there is a potential (however small) to recover a very large sum of money.
The first week of President Donald Trump's administration brought new developments in the labor and employer space, including the postponement again of DOL Secretary Puzder's confirmation hearing; temporary appointments at EEOC and the National Labor Relations Board, and a missing website for Wells Fargo employees at the Department of Labor.
BarkerGilmore's Legal & Compliance Recruiting Blog offers companies several points that a GC can invert to use to his or her own advantage in determining compensation.
Paying too much for PACER? You could get an email notice later this spring to join a class action that seeks refunds for several hundred thousand people who allege the electronic court service has charged excessive fees.
An upcoming academic paper claims sophisticated clients can access cheaper litigation by relying on judges for managerial duties and law firms for detailed budgets.
Pierre Gentin, for 18 years an in-house counsel at Credit Suisse, is teaching a course at the University of Pennsylvania on how to deal with ethical dilemmas in the business world.
Bradford Berenson knows what it means to respond to pressure and power, having served as associate counsel to President George W. Bush during and in the aftermath of 9/11. Now Berenson is taking his first general counsel role, joining TPG, a global alternative asset firm.
Recent Delaware cases continue to emphasize that well-drafted board minutes are crucial to surviving and defeating challenges from shareholders in derivative and securities class actions. Although corporate counsel or the corporate secretary may be responsible for drafting board minutes as a matter of good corporate governance, the board minutes may well become the center of litigation.
Lawyers for Bio-Rad's former GC, Sanford Wadler, portray the company's internal investigation as cursory.
News blackouts. Gag orders. Deleted tweets. The early days of President Donald Trump's administration swiftly raised questions about the scope of speech restrictions on federal civil servants. As the White House took control of the public messages delivered through the government's official communication channels, not uncommon for presidential transitions, whistleblower lawyers predicted they'd be busy the next four years. But they also said it was too early to gauge whether the apparent early resistance from purported agency employees would translate into litigation or other legal action that tests workplace protections in the federal bureaucracy.
Intellectual property lawyers do more than just defend patents and copyrights. Some 75 percent of in-house IP counsel in a recent life sciences survey say they are also involved in company efforts on mergers and acquisitions.
As counterfeiters adapt, brands are increasingly searching for new ways to shut them down. For UGG Holdings Inc., this fight includes dedicated social media accounts to educate consumers about counterfeits, says Lisa Bereda, assistant general counsel at Deckers Outdoor Corp., the parent company of UGG.
Computer graphics technology company Nvidia Corp. announced Wednesday that seasoned patent litigator Tim Teter is filling the general counsel role, effective Jan. 23. Teter is taking over for David Shannon, who informed the company of his intention to retire last June, according to the announcement.
The Obama administration's Department of Justice just went out with a bang. Federal prosecutors ended the term with a flurry of enforcement actions against corporations -- several containing record penalties.
Testifying for Bio-Rad on Tuesday, a former Steptoe & Johnson LLP partner said he recommended the company's longtime GC be fired.
Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit has moved to the front of the pack among possible nominees to the Supreme Court, according to several news reports Tuesday.
More than a dozen Democratic state attorneys general on Monday stepped into a fight to preserve the Consumer Financial Protection Bureau as the agency prepares for potential peril under President Donald Trump's administration.
Bio-Rad CEO Norman Schwartz, who testified Monday in the company's whistleblower trial, said attorneys at two firms raised concerns about the company's general counsel before he was fired.
The rule change is narrower than an earlier proposal which drew opposition from major litigation funders.
Though “virtual firms” are on the decline, cloud technology may be shifting the model to refocus on lawyer mobility.
A BDO Consulting survey highlights how in-house counsel are becoming more cautious with data preservation and more efficient with document review.
Two days after the inauguration, liberal lawyers huddled in downtown Washington to issue a call to action to scour President Donald Trump's web of businesses for any conflicts of interest that could provide fodder for a lawsuit.
After a long career as an in-house lawyer, Lisa Strauch Eggers recently decided to fulfill a lifelong dream. She's preparing to become a foreign service officer and will be posted in Paris.
There's a shake-up in the legal department of Seattle-based Weyerhaeuser Co. The company's top in-house lawyer is moving to the business side, and a new general counsel is joining from one of Weyerhaeuser's go-to law firms.
For nearly six years, in-house lawyer Alan Tse has been helping run the Kentucky Derby. Now he'll be lending his talents to another animal-centric company, the retailer Petro Animal Supplies Inc.
As a new year brings refreshed, vacation-happy workers—and sometimes renewed budgets—many companies go on a GC hiring spree.
The recently vacated general counsel post at Valley National Bank has been filled by a New Jersey partner of Day Pitney who for decades has served as lead counsel in the bank's mergers and acquisitions.
Global co-chair of the firm's financial services practice sits down for a Q&A on regulatory challenges facing organizations using high-speed algorithmic trading.
Competition for the lead counsel role in data-breach litigation against Yahoo has some lawyers complaining there may be too many cooks in the courtroom.
Berkeley Research Group has named Eric Miller as its new general counsel.
A federal judge in Washington on Monday blocked Aetna Inc.'s proposed $37 billion acquisition of Humana Inc., punctuating an era of antitrust enforcement under the Obama administration that broke up proposed mergers in a host of industries.
When members of the Compliance, Governance and Oversight Council (CGOC) discuss data privacy and security today, there is an entirely new level of urgency.
Negotiating technology contracts is not an easy process and often requires compromise by both parties.
The prospect of Donald Trump in the White House has galvanized more lawyers to volunteer their time, law firm pro bono coordinators say. What's first on the pro bono agenda?
Reactions were all over the map. But they want to spend less and do more.
Here are four takeaways from Wednesday's U.S. Supreme Court that saw unprepared attorneys and signs that the justices could craft a narrow decision excluding the Washington Redskins.
Bio-Rad executives were disinterested in conducting robust training in the Federal Corrupt Practices Act and shut down his efforts to report suspected violations, Sanford Wadler testified Wednesday in his whistleblower retaliation trial.
Several justices appeared sympathetic to the band during oral arguments at the U.S. Supreme Court on Wednesday, which bodes well for the Washington Redskins' fight to restore its trademark.
With Bio-Rad's former GC on the stand, it may be a good time to ask: How would your job performance hold up under cross-examination?
This week seems a good time to assess leadership qualities as they relate to tone at the top.
Yahoo Inc. recently announced that it's changing its name once it completes the sale of its core business to Verizon Communications Inc. While it's not unusual for companies eager to turn over a new leaf to change their name, corporate lawyers say the strategy is expensive and in-house legal teams have their work cut out for them.
An analysis of the current federal cyber landscape may yield insights into how the next administration might prioritize their approach on this important front.
The New York attorney general's settlements with DraftKings and FanDuel, two leaders in the daily fantasy sports industry, offer valuable lessons for companies in other industries.
Fast-food chief executive Andrew Puzder's nomination to lead the U.S. Labor Department is inching forward amid opposition from U.S. Senate Democrats and employee advocates who contend his confirmation would imperil Obama administration regulations. Employment lawyers on the labor and management sides are sharing their own observations about what Puzder should disclose to show he is fit, and without conflict, to serve as secretary of the Labor Department.
The company's lead defense lawyer told jurors Tuesday that Sanford Wadler was an "FCPA slacker" who first failed to prevent violations of the Foreign Corrupt Practice Act and then raised claims that were discredited after review.
More than half of general counsel responding to a recent survey named compliance and ethics management as their top priority for the year ahead. Labor and employment issues ranked second at 29 percent, and outside counsel management third at 27 percent.
A look at how a Republican majority may impact the focus of the FTC.
This is an expert piece from lawyers at Hunton Williams. It is about how, over the last few years, numerous individuals have made claims of sexual misconduct against comedian Bill Cosby. These claims have led to disputes about the obligation of Cosby's insurers to pay for his defense attorneys and any eventual settlements or judgments. A recent decision by a Massachusetts federal court addressing these disputes provides important guidance about standard contract language found in different kinds of policies issued to all kinds of businesses and individuals.
Attitude is everything. That's the message the Justice Department sent last week when it announced criminal plea deals involving billions of dollars paid by Takata Corp. and Volkswagen AG, according to Peter Henning, professor at Wayne State University Law School, who specializes in white-collar crime.
As the damages awards for whistleblower retaliation drastically increase, the upfront use of resources to train employees becomes an even more prudent investment so that employers do not find themselves at the losing end of the next multimillion-dollar verdict.
Cloudflare's legal department revealed it has been under a gag order for four years regarding a national security letter requesting a customer's information. The company GC talks about how Cloudflare has also been secretly fighting a legal battle against the FBI, saying the NSL is unconstitutional and overreaching.
San Francisco Judge Harold Kahn said the company's arbitration clause was both unfair and inconspicuous.
As 3-D printing becomes more widespread, in-house counsel will be tasked with complex IP and liability challenges.
Missouri is now the No. 1 target of tort reformers, who this month outlined the most ambitious effort in the country at dismantling laws they claim have led to gargantuan verdicts, including a trio of double-digit awards last year against Johnson & Johnson over its baby powder.
A lawsuit filed against Coca-Cola has lessons for in-house lawyers. The deceptive-advertising suit makes clear companies like Coca-Cola must be able to back up their health claims.
The Massachusetts decision spells out new challenges for lawyers working with breached companies.
The four-month Evolve Law Tech Fellowship program will focus on educating in-house counsel around implementing document automation in their legal workflows.
A federal appeals court on Friday dodged a question that has divided two other circuits: Does a whistleblower need to bring a tip directly to regulators to be protected under the Dodd-Frank Act?
An unusual confluence of petitions from employers, employees and the government successfully urged the U.S. Supreme Court to decide whether workplace arbitration agreements banning class actions violate federal labor laws. The justices agreed on Friday to take up the dispute.
Vedder Price is facing arbitration in California in a case that shows there can be risks to law firms' increasingly litigious stance on unpaid bills.
Private plaintiffs and the government are likely to be aggressive in 2017 in bringing workplace class action litigation, and in-house counsel need to be equally aggressive in identifying and addressing class action vulnerabilities, according to a massive new report from labor and employment firm Seyfarth Shaw.
The obstruction of justice charge filed against Volkswagen AG on Wednesday pertains not only to lies by employees to federal regulators, but also to actions by VW's in-house legal team, according to statements attached to the plea agreement.
The U.S. Securities and Exchange Commission has released its exam priorities for 2017, and attorneys who defend SEC-covered entities say the commission's priorities likely will remain the same under the new administration.
John Simon takes on his new GC role effective March 1, adding to his current corporate and human resources responsibilities.
News outlets are rightfully concerned about their place in a Trump administration. One question nagging the media is whether—and how—a President Donald Trump might seek to silence those who cover the negative aspects of his administration?
Many employers have been looking to develop specific policies addressing the possession of firearms in the workplace. In formulating such policies, one of the paramount considerations must be the many state laws limiting employers' ability to restrict employees' gun possession.
Volkswagen Group today agreed to plead guilty to three felonies over its emissions cheating scandal, and federal prosecutors said six former VW department heads were indicted as the investigation against individuals continues.
Even if enforcement ebbs in the Trump administration, as some would predict, these five areas are likely to keep antitrust litigators busy.
Germany's Volkswagen Group said Tuesday it has negotiated a "concrete draft" of a criminal settlement worth $4.3 billion with U.S. prosecutors over its emissions cheating scandal.
Bridgestone is moving employees, lawyers included, to its new Nashville headquarters. It's a difficult, costly process that few companies try.
SCOTUSBlog founder Tom Goldstein is scheduled to speak as is Southern Poverty Law Center co-founder Joe Levin at the event on Jan. 21.
A new regulation went into effect Jan. 1 in New York requiring banks and other thrifts to step up their monitoring and filtering of transactions to prevent money laundering.
As the lawyer hero of "Making a Murderer," Netflix's hit true-crime series from 2015, you might think Dean Strang would be optimistic about the power of TV to improve the public's understanding of what lawyers do. You'd be wrong.
Many of you love your job and are enthusiastic as January begins. All of that is positive, and yet often during the year you tell me the many ways that the workload is growing and sustaining performance gets tougher. That's why I compiled these 10 tips to guide global counsel leaders in 2017.
Oliver Schmidt, the head of Volkswagen Group's U.S. regulatory compliance office during its emissions cheating scandal, not only knew about the cheat device but told management executives in Germany about it and was directed to continue the scheme, according to a complaint made public after Schmidt's arrest this weekend in Florida.
New York's governor will propose tougher measures to combat cyber-crime in his State of the State addresses starting Jan. 9, including graduated penalties for computer tampering crimes and identity thefts.
After enacting a new law in December following heated debate, France is finally ready this year to apply its version of a deferred prosecution agreement (DPA) program for corporate misconduct. And the United Kingdom in July reached its second DPA, this one with a subsidiary of an unnamed U.S. company.
General Growth Properties' chief legal officer Marvin Levine reflects on his time as the legal chief of the Chicago-based real estate investment company. He talks about his career and the unique practices he has in place for the legal department.
As Macy's, Sears and other retailers announce they will close scores of stores across the U.S. and lay off thousands of employees, here are five concerns that in-house and outside counsel have to address in these and similar situations.
U.S. Labor Secretary Thomas Perez on Thursday touted in an exit memo workplace policies put into place during his tenure, including the fiduciary and overtime pay rules—both of which are under assault—and urged the incoming Trump administration and new Congress to support other initiatives championed by the Obama administration.
Fifth Third Bancorp announced Thursday that it has hired Jelena McWilliams to serve as chief legal officer and corporate secretary.
Technology advances in both law and the wider world will mean greater reliance on analytics in legal technology.
When a federal appeals court ruled in October that the president should be empowered to remove the Consumer Financial Protection Bureau's director at will, rather than only for cause, the 110-page opinion landed with a bang. Companies want to piggyback on the decision to benefit their cases against the CFPB. Here's a snapshot of how the ruling, from the U.S. Court of Appeals for the D.C. Circuit, is playing out in CFPB cases in courts across the country.
A call for self-nominations for Corporate Counsel's annual Best Legal Departments awards.
The Third Department concluded that Gregory A. Mitchell's relationship with his editors at The Nation was not that of an employee and employer and he was not entitled to unemployment benefits after his contract was not renewed in 2014.
It might not be the first thing people remember about the Great Recession, but the effects of the last big economic downturn changed the way companies view and measure their legal departments—probably, forever.
California legislative leaders on Wednesday said they have retained a team of Covington & Burling attorneys led by former U.S. Attorney General Eric Holder to help fend off "potential challenges" from the incoming Trump administration. The hire follows eight weeks of post-election promises by state Democrats to create a firewall against potential Republican attacks on California's immigration, environmental and health care policies. It also offers a high-visibility platform for Covington, which has long sought a stronger presence on the West Coast.
Criticizing a plaintiffs firm for hiring temporary associates for routine document review—but billing as if normal staff associates did the work—a New York federal judge has cut $10.3 million off a fee request in a settlement of a mortgage-backed securities case against Bank of America Corp.
AshleyMadison.com's parent company is hoping to knock out more than 20 class actions filed over its 2015 data breach by invoking online arbitration agreements the plaintiffs signed when they subscribed to its matchmaking services.
The U.S. Department of Labor announced on Wednesday that it has filed a complaint against Google Inc., claiming the company did not allow its Office of Federal Contract Compliance Programs access to Google’s employee compensation records as part of a compliance review, in violation of federal antidiscrimination law.
In the hours after Donald Trump tapped Sullivan & Cromwell dealmaker Jay Clayton to lead the SEC, securities litigators and others said he could usher in a new era for the agency.
Infosys Ltd., India's second-largest software services provider, announced on Dec. 31 that general counsel and chief compliance officer David Kennedy would leave the company, effective the same day as the announcement. The company and Kennedy "mutually agreed" on Kennedy's departure, acording to the company, though some have questioned the seemingly sudden decision and the close to $1 million severance package.
The percentage of minority lawyers in U.S. law firms crept up in 2016, but that progress was not across the board.
The San Francisco firm accuses Bay Area author and socialite Elisabeth Thieriot of transferring her assets to avoid paying a $467,000 fee award.
New York's new minimum wage law took effect on Dec. 31 with multitiered multijurisdictional wage schedules. Also, other new laws taking effect over the past weekend.
Lawyers comment on new labor rules enacted by the Obama administration that took effect Jan. 1 including paid family leave for federal contractor employees, higher minimum wages and new employee wellness rules.
More than 75% of law firms said they are comfortable with their firms’ ability to withstand a breach, but this confidence could be misplaced.
Implementation of a new regulation requiring financial services companies to establish broad safeguards against cyberattack is being pushed back two months until March 1 after banks and insurers complained that it was impossible.
This technology offers significant business opportunities but is not without legal risk, particularly in the area of intellectual property law.
Sen. Al Franken, D-Minnesota, released responses from Lyft and Uber to his Nov. 2 inquiry about a National Bureau of Economic Research study that found some racial and gender discrepancies in response and wait times to requests for service in Boston and Seattle.
The U.S. Department of Labor steps up audits of employer health plans to make sure they are providing parity between mental health and medical benefits as required under the Mental Health Parity and Addiction Equity Act of 2008.
The incoming administration has no love for the agency.
A current Google Inc. employee has sued the tech giant over its rules for protecting confidential information, alleging they prohibit workers from whistleblowing or even just complaining to their spouse about their boss. Employment lawyers say that if the allegations in the complaint are true—a big if, of course—Google's rules may well be overly restrictive.
Complaint says manager violated the confidentiality provisions of the employment agreement he signed five years ago.
The United States trails other nations when it comes to attorneys' anti-money laundering requirements.
Obama administration lawyers on Thursday urged a Washington federal appeals court to revisit a dispute over the structure of the Consumer Financial Protection Bureau, arguing that a panel of judges improperly assessed the extent to which the agency leadership intrudes on presidential power.
Generic drug maker Teva has agreed to pay more than $283 million to resolve criminal charges and fines over bribes to government officials in Russia, Ukraine and Mexico, in violation of the Foreign Corrupt Practices Act, the Department of Justice announced Thursday.
It remains to be seen whether Yahoo Inc.'s recently revealed data breaches will nix its sale to Verizon Communications. But whatever happens, M&A lawyers say the Yahoo-Verizon deal illustrates the increasing importance of addressing the risk of a data breach when negotiating an acquisition.
A series of recent corporate controversies, regulatory developments and judicial decisions should prompt the compliance committee to take a closer look at its own level of diligence, key elements of the company's compliance program and, most significantly, employee acceptance of the compliance culture.
It might be time to review your company's antitrust compliance programs to ensure they address hiring and compensation practices and incorporate the safeguards described in recent regulatory guidance to minimize companies' antitrust risks.
Apple claims Nokia is using nonpracticing entities to harass the company with exorbitant patent royalty claims.
Bio-Rad Laboratories Inc. lost out on a bid to exclude wide swaths of internal company communications from evidence in a whistleblower retaliation suit brought by the company's former general counsel Sanford Wadler.
W. Gerald Flannery, who has been with Hyundai since 1987, was appointed interim president and CEO, effective immediately. He will remain the company's chief legal and safety officer, continuing to oversee all legal matters in the United States.
Settling wide-ranging bribery allegations for a record amount of money, Brazilian construction conglomerate Odebrecht SA admitted guilt Wednesday and agreed to pay $2.6 billion.
Volkswagen has agreed to pay $225 million to environmental regulators and recall more than 80,000 of its 3.0-liter diesel vehicles that cheated emissions tests.
The U.S. Court of Appeals for the Ninth Circuit on Wednesday declined to revisit a September ruling that steered class action claims on behalf of thousands of Uber drivers into arbitration.
As President Barack Obama's second term comes to an end and President-elect Donald Trump's begins in January, the U.S. Department of Labor could look very different this time next year, but here's how it fared in 2016.
The false account scandal cost employees their jobs, and it went to the top of the bank's corner suite.
There were no shortage of corporate crises in 2016. When confronted with a crisis of their own, companies would be wise to follow the cues of Apple Inc. and The Wendy's Co. while avoiding the missteps of Wells Fargo & Co. and Samsung Electronics Co., according to the crisis communications firm CrisisResponsePro.