Most Recent

May is for M&A, but Where Does It Leave E-Discovery Staffing?

By Zach Warren |

E-discovery veteran Pete Smith gives his vantage point on e-discovery’s major changes and his new role at TRU Staffing Partners.

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

'Yes, at Google,' a Fiduciary Rule Compliance Checklist, and CFPB Faces New Challenge in 9th Circuit

By C. Ryan Barber |

The Consumer Financial Protection Bureau faces a new challenge in the Ninth Circuit over the Obama-era agency's structure. Uber's paying tens of millions to drivers in New York who were shortchanged on the amount they received for rides. Lobbyists prepare to ramp up a new fight against against the Obama administration's retirement-savings rules that put a new focus on client interest ahead of profit. And Google employees are sharing workplace complaints on an anonymous bulletin board. This is a roundup of regulatory and compliance news from ALM and other publications.

John Rabiej.

MDL Critic Pushes Plan to Break Up Cases

By Amanda Bronstad |

It's time to give judges clear rules for managing MDLs, says John Rabiej, director of Duke Law School's Center for Judicial Studies. For starters, he'd spread the biggest cases across more judges.

The FTC sent letters to companies and celebrities reminding them of their obligation to disclose the business relationships behind product promotions on social media.

How In-House Lawyers Responded to the FTC's 'Influencer' Letters

By C. Ryan Barber |

The National Law Journal obtained several responses from companies that received letters from the FTC this year urging greater disclosures of any paid relationships that involve so-called social media "influencers." The agency and consumer advocacy groups have raised concern that influencer advertising can give the impression of an organic endorsement when, in fact, there is a business relationship behind the product promotion.

Danforth Newcomb and Cynthia Kassis of Shearman & Sterling

How Companies Can Keep Calm and Carry On While Under Investigation

By Sue Reisinger |

Shearman & Sterling has published a 34-page white paper describing steps a company needs to take to continue operating during high-profile corruption cases.

Mary Jo White

Former SEC Officials Say Don't Bank on Big Regulatory Disruption

By B. Colby Hamilton |

Be happy about the prospect of regulatory upheaval in Washington, D.C. Don't worry. That was the sentiment shared by former U.S. Securities and Exchange Commission chairwoman Mary Jo White and JPMorgan Chase & Co. vice chairman Stephen Cutler at a legal summit.

Ranking Firms on Motion Success, Ravel Law Launches Firm Analytics Tool

By Gabrielle Orum Hernández |

The legal metrics platform provides law firms and legal departments a way to assess performance and compare law firms.

Law Firms, Staff Wait for Answers on Employee Overtime Rules

By Miriam Rozen |

By this time next month, law firm staff and other U.S. workers may know whether the Trump administration wants them paid overtime pay for overtime hours, even if they haven't qualified previously.

An Employee Spoke Out on Glassdoor.com, and Now the EEOC Is Suing His Company

By Erin Mulvaney |

The EEOC on Wednesday sued IXL Learning Inc. over claims the company violated federal law and retaliated against a transgender employee who'd posted anti-discrimination comments on the job recruiting website Glassdoor.com. The case could serve as the latest example showing how companies and courts are grappling with protections for employees as technology platforms evolve.

Will the New Patent Process Bring Hard Days for Inventors?

By Michael Roach |

The America Invents Act changes the U.S. patent process to a "first-inventor-to-file" system after March 16. The new law has raised concerns among patent attorneys and in-house counsel, as well as those who do the actual inventing. Are hard days ahead for innovators?

Bikram Choudhury, front, founder of the Yoga College of India and creator and producer of Yoga Expo 2003, leads a yoga class at the Expo at the Los Angeles Convention Center, on Sept. 27, 2003.

Bikram Yoga Founder Faces Arrest Warrant Over Former Legal Adviser’s Fight to Recover Damages

By Stephanie Forshee |

As of Wednesday, there is a warrant out for the arrest of Bikram Yoga founder Bikram Choudhury who has failed to pay the more than $7 million in damages owed to the global yoga business’ former legal adviser.

U.S. Justice Department in Washington

DOJ Will Assist UK Agencies Pursuing Corruption, Fraud

By Sue Reisinger |

In a first for the U.S. Department of Justice, the agency is sending an anti-corruption prosecutor to work in a U.K. agency on white-collar crimes. Acting principal deputy assistant attorney general Trevor McFadden, in remarks prepared for a May 24 speech in Brazil, said it was part of the DOJ's growing cooperation with foreign prosecutors.

US Companies Are Biggest Spenders on Legal Services Globally

By Jennifer Williams-Alvarez |

Companies in the U.S. spend 166 percent more on legal services per dollar of revenue compared to companies in other parts of the world, findings from U.K.-based market research company Acritas Research Ltd. show.

Death, Taxes and the Oracle Audit: How to Prepare

By Arthur S. Beeman, Joel T. Muchmore, Nathan Biggs and Bob Lindquist |

It is undisputed that Oracle is the industry leader in the licensing of high-quality business enterprise software and that Oracle's market penetration is unparalleled. And, pursuant to the standard terms of Oracle's controlling master agreements (the contemporary version is titled the "Oracle Master Agreement"), Oracle has the right to audit each of its customer's use of licensed software in order to ensure compliance with the terms of the licensing agreement.

Leading General Counsel Mull Over Mediation

By Mitchell Auslander |

During a recent Business Roundtable hosted by The CPR Institute, General Counsel from Visa, Assurant, Estée Lauder and Fluor discussed some of the challenges they face—and opportunities they’ve found—in utilizing mediation to prevent and resolve their business disputes.

K. Randolph Peak, senior counsel with Perkins Coie.

A Security Check a Day Keeps the Lawsuit Away: The Differences with Healthcare Data

By Zach Warren |

Former healthcare GC Randy Peak, now at Perkins Coie, talks cybersecurity concerns in healthcare, data sharing among physicians, and what to ask vendors about data rights.

Doron Goldstein, Katten Muchin Rosenman.

Facebook Fine Could Slow Future EU Launches

By David Ruiz |

Katten Muchin Rosenman's Doron Goldstein discusses how Facebook's recent $122 million fine by EU regulators could affect future expansion efforts in the region.

Jenny Kim, vice president, law and policy group and associate general counsel, corporate legal group, at Intel Corp

Wanna Raise? Top Silicon Valley Counsel Give 8 Tips for Women Lawyers

By David Ruiz |

Top in-house lawyers at a Silicon Valley event focused on women and compensation in the legal industry shared this advice on how to get paid more.

Answers to Critical Questions About Enforcement of the EU's New GDPR Privacy Law

By Matthew Oliver and Steven Llanes |

The GDPR introduces a host of new obligations and restrictions for companies and the information they collect and maintain, as well as increased liability if data is not maintained and transmitted in accordance with the new regulations.

Orange Is the New Hack: Protecting Against Vendor Cyber Breaches

By Scott Lyon |

Crime doesn’t pay, and apparently neither does Netflix, as evidenced by their refusal to pay the bitcoin extortion demand of a hacker or hacking group calling themselves “thedarkoverlord.”

An Interview with Stanford's Amanda Packel on Educating Corporate Boards

By Ryan McConnell |

Amanda Packel is the managing director of the Rock Center for Corporate Governance at Stanford University, where she coordinates and executes the center's programs and projects and serves as co-director of Stanford Directors' College, an executive education program for board members and senior executives of publicly traded firms.

The Tech-Driven "Intelligent" Workplace Presents Challenges for Employers

The impact of technology on workplaces is far reaching. Businesses are introducing AI technology to perform functions previously undertaken by employees, whilst traditional business models are increasingly being challenged by unexpected competitors, utilizing technology to provide services in new and innovative ways (for example Uber challenging the traditional taxi industry or AirBNB the hospitality sector).

The Legal Landscape on Employer Dress Code and Appearance Policies: A U.S. and European Prospective

By Greg Grisham, partner at US law firm FordHarrison |

Personal dress and appearance is a common way individuals express their personality, including their political and religious views. Unfortunately, the personal choices individuals make in attire, hairstyle and other personal appearance factors may collide with workplace rules, creating conflicts.

President Donald Trump

Trump's DOJ Can't Quickly End Suit Over Rule-Rollback Order

By Marcia Coyle |

A lawsuit challenging the Trump administration's order that agencies eliminate two existing regulations for each new one will go forward despite the U.S. Justice Department's effort to end it quickly on procedural grounds.

EEOC Fights Ninth Circuit Ruling That 'Institutionalizes' Gender Pay Gap

By Erin Mulvaney |

The U.S. Equal Employment Opportunity Commission said a recent federal appeals court decision "institutionalizes" the gender pay gap by allowing employers to pay women less than men based on previous salaries.

Banamex.

Chief Compliance Officer Fined, Barred From Work as Banamex Reaches NPA

By Sue Reisinger |

Once again, the federal government has held a chief compliance officer personally liable for failing to stop a company's misconduct. The CCO worked at Banamex USA in Los Angeles, a banking subsidiary of Citigroup Inc. that just signed a nonprosecution agreement on Monday, but agreed to pay a $97.4 million penalty for money laundering and other criminal violations.

The New Short-Term Solution: Inside the Growing Legal Gig Economy

By Gabrielle Orum Hernández |

Legal contract and temporary work has exploded as attorneys face layoffs and a desire for flexibility, but not all is rosy for startups in the space.

Target to Pay $18.5M to States Over Data Breach

By P.J. D'Annunzio |

California will receive more than $1.4 million from the settlement, the largest share of any state.

CFPB director Richard Cordray.

The CFPB Is Fighting for Its Life. Here's What to Know

By C. Ryan Barber |

From the day it was born out of the Dodd-Frank reforms, the Consumer Financial Protection Bureau has faced questions over the constitutionality of its independent, single-director structure. On Wednesday, the U.S. Court of Appeals for the D.C. Circuit will take a step toward providing an answer, as a full panel of 11 judges will hear arguments in the mortgage provider PHH Corp.'s appeal of a $109 million penalty. Here are seven things to know.

Helgi Walker of Gibson Dunn & Crutcher.

Under the Hood of Gibson Dunn's Regulatory Team on Major CFPB, SEC Cases

By C. Ryan Barber |

Two Gibson, Dunn & Crutcher lawyers will argue Wednesday against the CFPB and the SEC in rare, back-to-back full-court argument sessions in the U.S. Court of Appeals for the D.C. Circuit. We recently caught up with Gibson Dunn partner Helgi Walker, co-chair of the firm's administrative law and regulatory practice group, about the preparation for the two cases and the firm's approach to the new regulatory climate under President Trump.

Major Financial Institutions Make Landmark Blockchain Investment

By Stephanie Forshee |

Bank of America, Wells Fargo and HSBC are among the more than 40 banks and financial firms that announced Tuesday they would invest in R3's distributed ledger, or blockchain, technology.

Hui Chen

Protected Speech? DOJ Compliance Expert Tweets Anti-Trump Messages

By Sue Reisinger |

The contracted compliance counsel at the U.S. Department of Justice, Hui Chen, has been posting anti-Trump messages on her Twitter account. Labor and employment attorney says the law is continuing to evolve about this sort of activity.

David Blass

Ex-SEC Associate GC Joins Simpson Thacher in DC

By Meghan Tribe |

Simpson Thacher & Bartlett has hired David Blass, a former associate general counsel at the U.S. Securities and Exchange Commission who spent nearly the past three years as general counsel for the Investment Company Institute, as an investment funds partner in Washington, D.C.

NHS website affected by international computer cyber attack Ransomware cyber attack, London May 13 2017 (Rex Features via AP Images)

The WannaCry Attack: A Wake-up Call for Organizational Information Governance?

By Ian Lopez |

The sort of ransomware attack experts have warned about for years has happened. Now organizations need to examine their security postures.

IBM Says New Watson Tool Could Dramatically Reduce Outside Counsel Spend

By Jennifer Williams-Alvarez |

A new tool from IBM, called "Outside Counsel Insights," uses the power of Watson to reveal billing insights to legal departments.

Tackling the Automation Barrier: Inside Kim Technologies' New Legal Ops Platform

By Rhys Dipshan |

Geared toward legal operations, the platform allows legal departments to configure automated workflows without the help of IT personnel.

Judge OKs $10M Target Data Breach Settlement—Again

By Amanda Bronstad |

U.S. District Judge Paul Magnuson came out with an order approving class certification in a $10 million data-breach settlement.

For Staffing, the History of E-Discovery Mirrors the Present of Cybersecurity

By Jared Coseglia, TRU Staffing Partners, Cybersecurity Law & Strategy |

Examining the current similarities between e-discovery and cybersecurity can be a predictor of future patterns in the cybersecurity staffing market.

Microsoft Office 365

Despite Potential Cyber-Risks, Many Keep Office 365 Off Cloud: Report

By Rhys Dipshan |

Companies keeping Microsoft Office 365 workloads on-site have to be more attentive to security vulnerabilities.

'Speaking the Same Language': Leaders From Big Law Make the Case for Metric Sharing

By Ian Lopez |

Companies and their outside counsel are both collecting useful information that they're not sharing with one another. Should both parties be more transparent to achieve their goals?

Executives walking inside gears

Your Shadow IT Problem Is Really an IT Collaboration Problem

By Rhys Dipshan |

A lack of dialogue between IT and the legal department is at the core of shadow IT and many other data security challenges.

GC Compensation Continues to Grow at Top Companies

By Rebekah Mintzer |

Equilar Inc.'s 2013 In-Depth Top General Counsel Compensation Report shows the increase in responsibilities shouldered by Fortune 1000 GCs translating to bigger and better compensation packages.

In-House Counsel Face a Spike in M&A Litigation

By Sue Reisinger |

When in-house lawyers go shopping in mergers and acquisitions deals these days, they need to bring along not only a checkbook, but also a strong team of litigators.

Remote Computing Unleashes Legal Pros From the Office

By Monica Bay |

The legal industry redefines workspace with the explosion of secure mobile devices and safe cloud computing.

The Turtles performing

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

By Joel Stashenko |

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

In-House Counsel Facing Information Overload

By Rebekah Mintzer |

With a deluge of information, and plenty of ways to consume it, in-house counsel have their hands (and minds) full to bursting.

Halliburton Taps Baker Botts Partner for GC

By Rebekah Mintzer |

The oil services company has seen its share of trouble, with the outgoing top lawyer having faced Deepwater and other problems.

New NLRB GC Has Corporate Counsel Guessing

By Sue Reisinger |

Now that the U.S. Senate has confirmed Richard Griffin Jr. as the next general counsel of the National Labor Relations Board, companies and their counsel are waiting to see just how pro-union he will make his office.

World Bank Goes Big with Corporate Debarment

By Sue Reisinger |

In a fierce push against corporate corruption, the World Bank has debarred more companies so far in 2013 than it has in the previous seven years combined.

Chart Toppers

Which firms have the most clients, and which are tops in their practice areas?

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

By Joel Stashenko |

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

A rainbow flag outside the U.S. Supreme Court in 2015.

Wal-Mart Settlement in First LGBT Workers' Class Action Reflects Larger Shift

By Erin Mulvaney |

Wal-Mart Stores Inc.'s multimillion-dollar agreement this week to compensate employees who were refused benefits for same-sex partners marks one of the first class action settlements brought on behalf of LGBT workers, and it comes at a time when the legal and corporate landscapes are moving toward embracing equal protections.

In-House IP Attorneys Not Surprised by Reported Growth in Brand Protection Spend

By Jennifer Williams-Alvarez |

Law departments often focus on cutting spend, but in-house IP attorneys aren't shocked that more funds may be going toward trademark policing.

The Top-Five Critical Security Controls to Consider for Corporate Counsel Evaluations

By Joe Kelly, Cybersecurity Law & Strategy |

Corporations consider many different factors when deciding whether to hire a law firm. Security wasn't usually a major factor, and law firms used to fly under the radar when it came to questions about keeping client data secure. That has all changed.

Editor's Top Picks From Executive Insights

By Heather D. Nevitt |

Check out these three informative articles on the FCPA, risk management for the retail industry and how M&A differs in the U.K. from Law.com's Executive Insights, an online resource sharing content from legal industry leaders.

Aetna

Aetna Class Action Granted for Denying Mental Health Claims

By ROBERT STORACE |

The insurance provider is accused of improperly denying claims for transcranial magnetic stimulation used to treat severe depression.

JAMS' principal outside counsel, Long & Levit partners Joseph McMonigle and Jessica MacGregor

Jury Clears JAMS in Resume-Padding Trial

By Scott Graham |

The jury couldn’t decide if retired appeals judge Sheila Sonenshine made misrepresentations on her JAMS bio, but they decided that didn’t cause harm to venture capitalist Kevin Kinsella.

Appeals Court Grounds FAA Registration for Hobby Drones, Planes

By Cogan Schneier |

The U.S. Court of Appeals for the D.C. Circuit ruled the FAA's registration rule for personal drones and model planes violates federal law.

Salle Yoo

Uber Names Salle Yoo Chief Legal Officer, Creating GC Vacancy

By David Ruiz |

Uber general counsel Salle Yoo is being promoted to chief legal officer as the company begins an external search for a new GC.

Paul Hanly of Hanly Conroy Bierstein Sheridan Fisher & Hayes, a firm that has now merged with Simmons Browder Gianaris Angelides & Barnerd to form Simmons Hanly Conroy. HANDOUT.

Meet the Plaintiffs Lawyers Signing on to Help Gov'ts Sue Big Pharma Over Opioid Epidemic

By Kristen Rasmussen |

A growing wave of plaintiffs lawyers are joining state and local governments in filing lawsuits against big pharmaceutical companies blaming them for the prescription opioid addiction epidemic and trying to recover taxpayer funds spent dealing with it.

Margaret Liu, deputy general counsel for the Conference of State Bank Supervisors.

CSBS' Margaret Liu On Bank Regulators' Vision 2020 for Fintechs

By Stephanie Forshee |

Margaret Liu, deputy general counsel of the Conference of State Bank Supervisors, speaks about her organization's new regulatory plan for nonbanks such as fintechs.

Uber headquarters, located at 1455 Market St. in San Francisco, CA.

Gig Economy's Growth Calls for Modern Labor Laws, Economist Alan Krueger Warns

By Erin Mulvaney |

Current labor laws and safety nets for workers were developed in a different era and more protections are needed for the growing number of independent workers in the gig economy, a prominent economist said Thursday on Capitol Hill.

Zillow Faces CFPB Scrutiny, Amazon Mulls Pharma Play, and SEC Drains Big Law

By Mike Scarcella |

Escape the daily flood of Trump news dominating the Washington headlines with this roundup of big regulatory developments. Zillow is facing CFPB scrutiny, Amazon mulls a pharmaceuticals play, Democratic state AGs move to defend a key part of Obamacare, and the SEC is boosting its ranks in new hires from Big Law. And here's a story about ducks at the U.S. Capitol.

Charles Goetsch

Omnicare Settles 28-State Whistleblower Complaint for $8M

By Robert Storace |

The prescription drug company denied allegations that it falsely billed Medicaid and Medicare while agreeing to the settlement.

U.S. Justice Department headquarters in Washington.

FCPA Pilot Program Nets 22 Voluntary Disclosures in Past Year: DOJ

By Sue Reisinger |

The U.S. Department of Justice's pilot program for violators of the Foreign Corrupt Practices Act brought in 22 voluntary disclosures in its first year, a significant increase from 13 voluntary disclosures the year before.

Local Counsel: Your Best Bet for Managing Localized (and Sometimes Politicized) Issues

By Lara Pringle |

As a partner at a national law firm with a strong regional presence in the southeastern United States and Gulf Coast, I have engaged the services of individual practitioners and small to midsize law firms in many parts of the country. My colleagues and I have also been asked by law firms without a presence in Texas or other states to serve as local counsel for specific projects. Drawing on this dual perspective, I have learned more than a few lessons about the value of seeking local advice in order to resolve local issues.

Will Food Delivery Robots Be Banned in San Francisco?

By David Ruiz |

In the latest clash between regulators and high-tech entrepreneurs, a San Francisco supervisor introduced a bill this week to ban food delivery robots on city sidewalks, citing potential risk to pedestrians and people with disabilities.

Mary Shen O'Carroll, head of legal operations, Google (Photo by Timothy Archibald).

Head of Legal Ops at Google Shares Her 2017 CLOC Institute Closing Remarks

By Mary Shen O'Carroll, Head of Legal Operations at Google |

It is my great pleasure to say a few words to close out our time together. Where do I even begin? What can I say to do justice to what we've just experienced? How about this for starters: We just completed the world's largest legal operations event in history!

Fight Over $73M in Humvee Joint Venture Profits Drives On

By Tom McParland |

A long-running fight over the distribution of nearly $73 million in profits generated by a joint venture to make Humvees will continue, after the Delaware Court of Chancery ruled that a contract governing the arrangement was open to more than one interpretation.

U.S. District Judge Federico A. Moreno.

4 Automakers Agree to Pay $553M on Takata Air Bag Claims

By Celia Ampel |

Toyota, Subaru, Mazda and BMW agree to the settlement affecting more than 15 million consumers.

J. Christopher Giancarlo.

CFTC Announces Innovation Lab for Fintechs

By Stephanie Forshee |

CFTC acting chairman J. Christopher Giancarlo introduced a new program for financial technology companies on Wednesday.

Susan Hackett of Legal Executive Leadership. HANDOUT

Takeaways From CLOC: What Happened in Vegas Won't be Staying in Vegas

By Susan Hackett |

Last week, CLOC (the Corporate Legal Operations Consortium) hosted one heck of an Institute in Las Vegas. You probably read a bit (if not a lot) of coverage of the events via your favorite ALM publications, or via other media, such as the Institute's Twitter feed ( #CLOC2017). Since I published a "pre-meeting" look at the ops movement, I figured I should break with the long-standing tradition about not divulging what happened in Vegas in order to dish some takeaways post-meeting.

Antitrust Risks of Earnings Calls

By David L. Hanselman and Lisa A. Peterson |

Explore the antitrust implications of earnings call statements and guidelines to minimize antitrust risk.

Burford Capital New York Office.

All Signs Point to Gerchen Keller as Funder in Failed Patent Case Against Intel

By Ben Hancock |

With a little sleuthing, it's not hard to see Gerchen Keller's fingerprints on trial that pit Irell & Manella and Boies Schiller lawyers against a team from Wilmer.

PTAB Imposes Double Jeopardy on Patent Owners

By Brad Sheafe |

Even if you believe the Patent Trial and Appeal Board’s post-grant proceedings have generally played a positive role in eliminating some junk patents, the evidence shows that PTAB is violating the spirit of §325(d) of the America Invents Act by failing to limit double jeopardy and the serial harassment of patent owners in patent examination.

Ninth Circuit Says Google May Be Ubiquitous, but It's Not Generic

By Ross Todd |

The name Google hasn't gone the way of thermos, cellophane and aspirin—at least not yet.

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

Association of Corporate Counsel Names Value Champs for 2017

By Rebekah Mintzer |

The ACC has chosen legal departments and some partner law firms that seem to be excelling at legal operations.

gavel

Bouchard Tosses Class Challenge to $400M Merger

By Tom McParland |

The Delaware Court of Chancery has dismissed a shareholder challenge to the $400 million purchase of network solutions company Cyan Inc. and denied the investors' quasi-appraisal bid to recover damages for alleged disclosure deficiencies in the run-up to the merger.

Khurshid Khoja of Greenbridge Corporate Counsel speaks at a rally urging the signing of Medical Marijuana Regulation and Safety Act in 2015

Burning Questions for Greenbridge Corporate Counsel's Founder

By Cheryl Miller |

Where marijuana and the law intersect, you're likely to find Khurshid Khoja. We recently caught up with the founder of Greenbridge Corporate Counsel to talk about what's on his plate in these ever-changing regulatory times.

Fintech Lawyers on State Regulators' Possible Alternative to OCC Charter Plan

By Stephanie Forshee |

State banking regulators have proposed a plan that might rival the OCC's recent offering of a special purpose bank charter to fintechs.

Building a 'Founder's Mentality' Into Your Legal Department

By Ryan McConnell and Erika Bustamante |

You want your lawyers to be insurgents, thinking outside of the box, working efficiently, and treating the company the same way an owner would in terms of managing resources and costs.

6 Things We Learned About JAMS During Resume Padding Trial

By Scott Graham |

Evidence is complete and closing arguments begin Wednesday in the three-week trial.

Orly Lobel, a professor of employment and labor law at the University of San Diego School of Law.

Use of Noncompete Clauses Grows Even as More States Move to Limit Them

By Sue Reisinger |

Companies and law firms increasingly are inserting noncompete clauses into employment contracts but more of those contracts are winding up in litigation and more states in the United States are passing laws to restrict their use.

Lani Perlman of Holwell Shuster & Goldberg.

Discrimination Complaints Against Frontier Airlines by Employee Moms Mount

By Sue Reisinger |

Lawyers for the ACLU have filed additional complaints against Frontier Airlines charging the company with discriminating against pregnant and nursing employees.

U.S. Supreme Court Justice Elena Kagan

SCOTUS to States: Keep Out of Arbitration Agreements

By Tony Mauro |

The 7-1 ruling could have broader ramifications for the nursing home industry in particular and businesses in general when it comes to the Federal Arbitration Act.

These Two Firms Are Driving a Surge in Health Sector Securities Class Actions

By Amanda Bronstad |

Securities lawsuits have become a major headache for life sciences companies, according to recent reports. And two plaintiffs' firms, Pomerantz and The Rosen Law Firm, are leading the charge.

Calling all Law Department Leaders: What Keeps You Up at Night?

By ALM Intelligence Staff |

Complete our brief survey by June 2, and let us know the issues that are keeping you up at night.

Five Critical Security Controls to Consider for Corporate Counsel Evaluations

By Joe Kelly, Legal Workspace, Cybersecurity Law & Strategy |

Controls established by the Center for Internet Security (CIS) are designed to be a 'concise, prioritized set of cyber practices created to stop today’s most pervasive and dangerous cyber attacks.'

Illustration by Greg Mably

Microsoft and Cisco Test the Waters With AI Contract Management Pilot Programs

By Rhys Dipshan |

Pilot projects help uncover the usefulness and limitations of artificial intelligence technology for contracts before committing significant resources and time.

The GDPR: Teeth, and Considerations for Corporate Legal Counsel and Discovery Teams

By Ryan Costello, Cybersecurity Law & Strategy |

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

'Echo Is Not Spying On You,' Amazon Lawyer Declares

By C. Ryan Barber |

Months after Apple faced off with the FBI over an order to unlock an iPhone connected to the San Bernardino shooting investigation, Amazon.com Inc. was thrust center-stage in its own digital privacy debate when Arkansas prosecutors demanded data from a murder suspect's Echo device. Amazon initially objected to the demands last year, only to later grant access after the suspect consented to the release of the data. Speaking Thursday at a Consumer Federation of America conference in Washington, an in-house lawyer at Amazon stated flatly: "No, Echo is not spying on you."

Office of the Comptroller of the Currency in downtown Washington, DC.

With Curry Out as OCC Comptroller, Doubts Persist About Fintech Bank Charter

By Stephanie Forshee |

With the exit of Thomas Curry as the head of the OCC, the future of fintech bank charters has gotten murkier.

Uber headquarters, located at 1455 Market St. in San Francisco, CA.

Uber's Firing of 2 In-House Lawyers Raises Questions About Legal Culture

By Stephanie Forshee and Jennifer Williams-Alvarez |

Uber Technologies Inc.'s reported firing of two in-house lawyers who expressed concerns about data-retention policies and allegedly made unauthorized contact with outside counsel has raised questions among observers about the management of the law department at the ride-hailing company.

Uber self driving car

Google Wins Injunction in Trade Secrets Fight Against Uber

By Ben Hancock and Vanessa Blum |

A federal judge has blocked Uber Technologies Inc. from using information contained in a "treasure trove" of files allegedly misappropriated from Google Inc. in the development of its driverless car program. U.S. District Judge William Alsup also ordered Uber to return the files to Waymo by May 31 and to provide a detailed accounting of every person who was exposed to their contents.

Winning in Litigation: Strategic Issues the Corporate Counsel Need to Know

By Robert Weiner |

Undoubtedly, legal motions will sometimes be futile. I have appeared before judges who flatly declared, "I do not grant summary judgment."

Building Compliance Skills SEAL Style

By Ryan McConnell and Stephanie Bustamante |

Compliance will always be a people business. You can have the regulatory framework down, understand the business, and how to put together and manage a program, but to make it work you have to understand the people executing it—how they make decisions, which people will be effective on your team, and how they work together.

Christopher Mohr and Jack Simms.

Long-Term Friendship Helps Austin Firm Land Client

By Brenda Sapino Jeffreys |

Friendship between partners in Austin firm and a lawyer at a trade association gets firm put on short list for contract.

Google self-driving car

NY Begins Accepting Applications for Self-Driving Vehicle Tests

By Joel Stashenko |

The state is soliciting applications for companies who want to test autonomous vehicles or technology developed for use on self-driving cars in New York.

A Sales Methodology for Lawyers—Part Two

By Todd K. Hanna |

In part one of this series, I laid out four steps of pre-customer-contracting-call preparation to ensure I know the offerings we're selling in the deal, who the customer is, and who our buyer is before ever engaging with the customer. In this part, it's time to put that preparation to work and engage with the customer and its counsel. Following the steps explained in this part two help me to negotiate terms favorable to me and my client while nonetheless fostering an amicable and cooperative environment and getting the deal over the goal line.

The Scope of Choice of Law Clauses in International Arbitration

By Curtis Waldo |

An Indian corporation and an American corporation enter a contract. The contract's choice of law clause states: "This contract shall be governed by the laws of the state of New York." The contract contains an arbitration clause with New York as the arbitral seat.

A Sales Methodology for Lawyers—Part One

By Todd K. Hanna |

Everyone is in sales. It's a notion I've seen shared on LinkedIn countless times; a rallying cry I've heard exclaimed at annual sales kick off meetings. The idea is always to convince non-sales employees that their work nonetheless affects the customer experience. And, generally, it works. I've witnessed back office administrative workers proudly articulate how their efforts cause positive outcomes for customers.

President Donald Trump.

Employers Face 'Unprecedented' Uncertainty, Littler Survey Finds

By Erin Mulvaney |

Uncertainty is a common theme among employers this year thanks, in part, to new technologies, an unpredictable Trump administration and a web of new compliance standards on every government level, according to an annual survey from the law firm Littler Mendelson.

R. Alexander Acosta testifies before the Senate Committee on Health, Education, Labor & Pensions during his confirmation hearing to become the next Secretary of Labor at the U.S. Department of Labor. March 22, 2017.

Killing Fiduciary Rule Seen as New DOL Chief’s Top Priority

By Melanie Waddell, ThinkAdvisor |

Acosta 'is still looking for a solution that could be implemented in final form before June 9,' says ERISA attorney Reish

UK Court Lets Prosecutors Pierce Attorney-Client Privilege in Internal Probe

By Sue Reisinger |

The United Kingdom's Serious Fraud Office received a ruling on May 8 from the High Court of Justice in London that it can breach attorney-client privilege to see materials gathered as part of a company's internal investigation.

Treating Meeting Addiction: How a Legal Team Cut Back on Meetings—and Found Happiness

By Anna Zhang |

The team of lawyers, from Herbert Smith Freehills and Australia's Telstra Corp., cut back on unnecessary meetings, freeing them up to do actual work.

Julie Q. Brush, Solutus Legal Search .

How Much Does a Startup General Counsel in Silicon Valley Make?

By Julie Brush |

A company will often hire its first General Counsel in the mid to late stage of its life, so for a General Counsel in a mid-sized, later/mid stage, private venture-backed technology company in the San Francisco Bay Area, “market” compensation is as follows.

Winning in Dealing With the US Government: 10 Lessons

By Robert Weiner |

I have litigated against the federal government for more than 30 years and spent an additional six years working for the government—two in the White House Counsel's Office, two as an associate independent counsel, and two in the Justice Department overseeing the constitutional defense of health reform legislation and trying to defuse other exigent issues.

James Comey (2016)

Quotable Comey: CEOs Must Be 'Maniacal' About Ethics

By C. Ryan Barber |

As the now-fired FBI Director James Comey weighs his next move, here's a look back at some of the comments companies and law firms might find compelling as they consider contacting the dispatched director about a possible return to the private sector.

Johnson & Johnson's baby powder.

J&J Begins Fight to Overturn Talc Losses

By Amanda Bronstad |

On Wednesday, Armstrong Teasdale partner Thomas Weaver asked the Missouri Court of Appeals to reverse a $72 million award—one of four hefty verdicts against Johnson & Johnson cases linking its baby powder to ovarian cancer.

Michelle Lee, United States Patent Trade Office

In-House IP Counsel on the Future of USPTO Director Michelle Lee

By Jennifer Williams-Alvarez |

In-house counsel at major U.S. companies have weighed in on whether Michelle Lee should continue as director of the U.S. Patent and Trademark Office.

New Federal Trade Secrets Law Yields First Award

By Sue Reisinger |

In the first award of its kind under a new federal law on trade secrets, a jam maker was granted more than $5.2 million in treble damages. Dalmatia Import Group Inc. of Miami won the award.

Mosquitos

US Supreme Court to Look at Corporate Liability Over Mosquito Bites

By Erin Mulvaney |

Mosquitoes now are at the center of a liability question the U.S. Supreme Court could consider for the first time Thursday: Should the Union Pacific railroad company have protected employee William Nami and other workers from the mosquitoes? In a 5-1 ruling, the Texas Supreme Court ruled in favor of the rail company. But courts are split on the issue.

What to Consider When a US Public Company Acquires a Non-US Company

By By Jennifer V. Audeh and Corey R. Brown |

When it's time to sell a company, there are many financial and legal steps a target should consider regarding a merger or acquisition. If the buyer is a U.S. public company, that list may grow. Below are some common issues that develop when a U.S. public company acquires a non-U.S. company: understanding these issues can help ensure a smoother acquisition process for both sides.

Mediators Share Advice on Managing Outside Counsel

By Amanda Farahany, Barrett & Farahany |

Several well-respected employment mediators describe what they'd advise inside counsel to do when managing outside counsel handling a case. Their responses were enlightening:

William Hinman, Simpson Thacher & Bartlett partner

Ex-Simpson Thacher Partner to Head SEC Division

By Ross Todd |

William Hinman, who recently retired as a partner in Simpson Thacher & Bartlett's Silicon Valley office, has been named the head of the agency's Division of Corporation Finance.

Bumble Bee Solid White Albacore tuna.

Bumble Bee Tuna Agrees to Plead Guilty to Price-Fixing, Pay $25 Million Fine

By Sue Reisinger |

Bumble Bee Foods is the first corporate defendant to plead guilty to price-fixing the prices of canned and pouched tuna, the U.S. Department of Justice said Monday.

Bouchard Rules Merger Wiped Out Derivative Standing in Case Over Mine Explosion

By Tom McParland |

After years of delay, former stockholders of Massey Energy Co. have lost standing to bring a derivative suit against company executives over a 2010 mine explosion that killed 29 workers, the Delaware Court of Chancery said on Thursday.

Your Most Important Step to a Brilliant Career

By E. Leigh Dance |

How can your function promote its value and progress without measures that matter to those who decide your annual budget, headcount, and your future ability to perform?

Late Bloomers? Corporate Legal Lags in Tech-Related Savings, Study Finds

By Rhys Dipshan |

Though squeezed by tighter budgets, legal departments are not yet fully implementing cost-saving technology processes, The Blickstein Group-Exterro study found.

TCPA Trends: Different Ways Courts Are Paring Back 'Junk Fax' Lawsuits

By Livia M. Kiser and Andrew J. Chinsky |

After years of costly and expensive litigation—and millions of dollars paid out in settlements—defendants in "junk fax" class actions under the Telephone Consumer Protection Act (TCPA) now find themselves navigating a more favorable legal landscape. Although faxing may seem anachronistic in today's electronic world, junk fax class actions persist, not only because they can be lucrative for the plaintiffs bar, but because some companies, particularly in the medical industry, continue to fax: that method of transmission is easy, secure and HIPAA-compliant.

'Tech Untaxed' Report Shows Declining U.S. Corporate Tax Rates

By Catherine Dunn |

How much does Apple, the world’s most valuable company, pay in taxes? About 9.8 percent—less than a third of the U.S.’s 35 percent top corporate income tax rate—according to a report being published Tuesday (aka, Tax Day).

When Organizations Fall Short on Cybersecurity, Do Law Firms Pick Up the Slack?

By Ian Lopez |

BakerHostetler’s cybersecurity report highlights the nature of company cybersecurity while illustrating the law firm’s changing role in the tech age.

California Supreme Court.

Tech Allies Back Yelp in Online Speech Case

By Ross Todd |

Amicus briefs poured into the California Supreme Court from technology trade organizations and individual companies in Hassell v. Bird.

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?"

General Counsel Up at Night Index Survey

We want to know what issues keep you up at night. Please take a few minutes to take our survey.

The 2013 GC Compensation Survey

By Shannon Green |

In our annual list of the highest-paid Fortune 500 general counsel, top company lawyers get a raise after a couple of rough years.

Chick-fil-A Opens the Door to PR Crisis and Discrimination Liability

By Sue Reisinger |

After its COO made public anti-gay marriage statements, Chick-fil-A Inc., previously best known for a deliberately misspelled ad campaign and a college football bowl game, has now become a national symbol for corporate PR crises.

The 2013 GC Compensation Survey

By Shannon Green |

In our annual list of the highest-paid Fortune 500 general counsel, top company lawyers get a raise after a couple of rough years.

BofA Settlement and JPMorgan Case Highlight SEC's Tepid Response

By Susan Beck |

In the last week we've seen some flashy headlines about lawsuits stemming from the financial crisis. Sounds like good news for those concerned about tough enforcement of our securities laws, right? Wrong.

New Initiative Seeks to Establish Common Language for Legal Matters

By Jennifer Williams-Alvarez |

A developing project around legal matter standards could give law departments a new language to speak when they talk about their work.

Liability Releases For Background Checks Are Unlawful

By Sarah Riskin |

The federal Fair Credit Reporting Act (FCRA) requires employers to first inform applicants and employees about the intent to obtain and use a background check. But the FCRA does not provide employers with a template disclosure or any concrete guidance on what the disclosure should say. Rather, the law simply forbids employers from including anything beyond "solely the disclosure" and authorization in the form used to inform individuals about the employer's intent to obtain a background check.

How to Make the Case for a Smaller Law Firm to Your Board

By Norm Finkel |

The list of reasons why small law firms offer big advantages is well known—this is especially true for businesses that are midsized or emerging. But here's a quick review. With a smaller law firm, seasoned attorneys are the norm, rather than the associates who typically handle day-to-day business for the big law firms.

Reducing Corporate Brand Risk: Why Cross-Functional Teams Must Work Together

By Merike Käo |

To appropriately protect all critical online assets, legal teams must collaborate across cross-functional teams to ensure that domains are properly registered and policies, procedures, and tools are in place to protect them.

The Legal Ops Movement—From Duct Tape Triage to Full-Fledged Business Partnership

By Susan Hackett |

While law firms used to be at the undisputed center of the legal marketplace, a whole new generation of vendors are focusing full-time attention to law departments.

Jonah Paransky, EVP and General Manager at Wolters Kluwer ELM Solutions.

Market Maturation: Wolters Kluwer's New VP Chats the Next Frontier of Legal Tech

By Rhys Dipshan |

Wolters Kluwer vice president and general manager Jonah Paransky chats about the changing legal technology market.

Bayer’s interactive video game compliance training will be rolled out to around 105,000 employees.

To Bayer, Compliance Is All a Game

By Stephanie Forshee |

Bayer has a new compliance training program that's different from anything it has offered its employees before.

Could Fox News Woes Lead to Sky Deal Falling?

By Todd Cunningham |

With fallout from the network's sexual harassment scandal threatening Chairman Rupert Murdoch’s bid to complete 21st Century Fox’s $14.8 billion acquisition of Sky News in the U.K., approval could turn on what's known as the "fit and proper" test.

After Fox News, What Should Companies Know About Corporate Counsel Defendants?

By Jennifer WIlliams-Alvarez |

When an in-house lawyer is named in a legal complaint, there are plenty of considerations to be made.

Feds Settle First Ever Civil Suit Against Financial Chief Compliance Officer

By Sue Reisinger |

In the first suit ever filed against an individual compliance officer in finance, the federal government has reached a settlement with Thomas Haider, the former chief compliance officer of MoneyGram International Inc. on civil charges that he failed to stop money laundering activities.

Kevin Boyle, senior vice president and general counsel at Vencore

"Who Said Being a Lawyer is Boring?" GC Delves Into the Fun of the Tech Industry

By Rhys Dipshan |

GC Kevin Boyle discusses why he chose a career in the tech sector and the challenges and opportunities he faces leading the legal department of an information solutions provider.

How Attorneys Can Navigate a Career Toward the Boardroom

By Michael J. Herald |

Attorneys are often considered natural fits to serve on a public or private company's board of directors. Not only can they find personal fulfillment and exciting challenges, but they can also make enormous contributions as members of the board through their legal expertise, negotiating skills and business judgment.

The FTC sent letters to many celebrities—including Jennifer Lopez, Nicole Polizzi and Allen Iverson—about their display of products in Instagram posts.

Who Got Those Social 'Influencer' Letters From the FTC? Read the Full List.

By C. Ryan Barber |

Jennifer Lopez, Nicole Polizzi, the "Jersey Shore" star better known as Snooki, and the former baksetball star Allen Iverson were among the celebrities the Federal Trade Commission recently sent letters to as part of the agency's push to promote clearer disclosures of business relationships in endorsement deals. The FTC in its announcement last month about the letters did not name any of the celebrities and stars who received them. The National Law Journal obtained the FTC letters through a records request.

American Health Care Act.

Health Care Lawyers Offer Guidance on How to Ride Out the AHCA Storm

By Kristen Rasmussen |

Some health care practice lawyers weren't ruffled by the passage of the Obamacare repeal bill in the U.S. House of Representatives on Thursday, mainly because they give it little chance of making it through the Senate. But they offered some guidance on what lawyers should be thinking through with clients right now.

Orange is the new black.

'Orange Is the New Black' Hack Has Hollywood on Edge, Legal Minds Divided

By Todd Cunningham |

There’s not much doubt as to what is the most anticipated crime drama of this summer’s TV season. It’s the one currently unfolding, about how the FBI, studios, networks and post-production companies will deal with the ransom demands of a hacker.

The Eastern District Courthouse in Cadman Plaza, Brooklyn

Ex-CFO of Trade Association Pleads Guilty to Wire Fraud, Tax Charges

By B. Colby Hamilton |

The Council for International Business, which counts multinational companies and major law firms as members, said Wednesday that it remains in a "strong financial position."

Editor's Top Picks

By Heather D. Nevitt |
Lucy Bassli of Microsoft Corp. HANDOUT.

Lucy Bassli, Assistant GC at Microsoft on Legal Operations Outside Silicon Valley

By By David Ruiz |

Lucy Bassli, assistant GC of legal operations and contracts at Microsoft Corp., discusses legal operations outside of Silicon Valley and how important people are in the practice.

U.S. Securities and Exchange Commission building.

The SEC Takes On Real 'Fake News'

By Marc Butler |

As the Trump administration continues to brand news that paints an unfavorable picture of the administration as "fake news," the U.S. Securities and Exchange Commission (SEC) is dealing with the very real problem of actual fake news and the impact that it has on the markets.

Thomas Russo.

What Makes a GC Want to Join a Co. Embroiled in Controversy—or Worse?

By Stephanie Forshee and Jennifer Williams-Alvarez |

There's no question that scandals will continue to shake the corporate world, and that those companies will need lawyers who consider themselves risk takers.

New Orbitz GC Starts Off With Multi-State Bike Trek

By Julie McMahon |

Jim Rogers, the new head of legal at Orbitz Worldwide Inc. joins the online travel business after a long trek through corporate law.

NH Supreme Court Sides with Philip Morris in Light Cigarette Case

By Susan Beck |

The New Hampshire Supreme Court threw out a rare class certification in a case brought on behalf of state residents who bought Marlboro Lights. On the same day Philip Morris USA Inc. tried to persuade a judge in Madison County, Ill., not to reinstate a $10 billion jury verdict that the Illinois Supreme Court overturned in 2005.

Noreika Named Acting OCC Comptroller, as Curry Steps Down

By Stephanie Forshee |

Keith Noreika will take over for Thomas Curry at the Office of the Comptroller of the Currency.

U.S. District Judge William Alsup, Northern District of California

Google Has No 'Smoking Gun' In Waymo-Uber Trade Secrets Case, Judge Says

By Ben Hancock |

U.S. District Judge William Alsup seemed unpersuaded after hours of argument Wednesday that Google had presented enough evidence to justify sweeping restrictions on Uber’s autonomous vehicle development.

J&J Fends Off Xarelto Claims in First Bellwether Trial

By Amanda Bronstad |

Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. and Bayer brought in powerhouse litigator Beth Wilkinson of Washington, D.C.'s Wilkinson Walsh + Eskovitz to lead the defense team in the first of four bellwether trials.

U.S. Patent & Trademark Office.

To Patent or Not to Patent: Legal Tech Takes on IP

By Gabrielle Orum Hernández |

Software developers in the legal technology space may want to think long and hard before forgoing a patent.

New Patent Framework Aims to Get Attorneys on the Same Page

By Jennifer Williams-Alvarez |

A Corporate Legal Operations Consortium initiative aims to establish an industry standard to structure and define the scope of legal tasks involved in patent matters.

Geoffrey Potter of New York's Patterson Belknap Webb & Tyler

Tracking Down a Counterfeiter, Bottle by Bottle, and Finding Justice

By Sue Reisinger |

The maker of 5-Hour Energy Drinks spent $3.5 million tracking down a large counterfeiting ring that was producing fake product in 2011 and 2012. The first defendant in the conspiracy recently received a seven-year prison sentence.

Prescriptive Modelling: The Future of Data Analytics?

By Rhys Dipshan |

Speakers at the Corporate Legal Operations Consortium (CLOC) Conference will try to educate legal departments about using metrics to understand and meet future challenges.

U.S. Treasury Department in Washington.

Treasury GC Pick Brent McIntosh Discloses Big Law Income, Clients

By Mike Scarcella |

Brent McIntosh, the Sullivan & Cromwell partner nominated to be general counsel to the U.S. Treasury Department, reported earning nearly $2.9 million in income from the firm last year, according to his financial disclosure on file at the U.S. Office of Government Ethics.

5 Questions Would-Be Whistleblowers Need to Ask

By David Ruiz |

Becoming a whistleblower is emotionally exhausting and potentially career-ending. We reached out to labor and employment attorneys about which questions employees should ask themselves when they're considering whether to expose wrongdoing by their companies.

Employees on Social Media: Avoiding Potential Litigation Traps

By Matthew Coolbaugh |

For some employers, social media can prove to be a litigation trap.

Google Headquarters mountain view ca. Handout

Administrative Law Judge Denies Google Motion to Dismiss DOL Case

By David Ruiz |

Judge Steven Berlin in San Francisco denied Google's motion filed under seal in April seeking to dismiss the Department of Labor's complaint accusing the company of failing to comply with an external audit of its employee compensation data.

Ashley Yablon.

Risky Business: GC Risked Everything to Expose Company's Illegal Activity

By Sue Reisinger |

This GC says he risked everything to help expose his company's illegal trade with Iran, and in turn paid a hefty price.

Forging Positive Relationships Between Legal Operations and Outside Counsel

By Susan Raridon Lambreth |

Many outside counsel (and even some inside counsel) view the developing roles of procurement and legal operations professionals as a negative for the historic outside counsel-GC client relationship. However, it actually has the potential to enhance the relationships as business professionals in the legal department work with their counterpart business professionals in the law firm to understand each other's perspectives, objectives and success factors and to create mutually beneficial outcomes.

How Lawyer-Negotiators Averted Hollywood Writers' Strike

By Todd Cunningham |

The agreement was forged by industry veterans in a television and film production landscape redrawn by the emergence of nontraditional players, including Netflix, Hulu and Amazon.

Sanford Wadler.

The GC Who Blew the Whistle

By Ross Todd |

How a Foreign Corrupt Practices Act investigation turned the chief legal officer of Bio-Rad Laboratories into the company's chief legal adversary.

Devices, Drones, Data: What's Next in Torts

By Ben Hancock |

New technology means new types of exposure. Here's a guide to some of the litigation risks posed by driverless cars, connected devices, drones and data troves.

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

Ex-Credit Suisse Litigation Head, Now at Cahill, Predicts Trends in US Financial Enforcement

By Sue Reisinger |

Pierre Gentin, former head of global litigation and regulatory investigations for Swiss-based Credit Suisse AG bank and now a partner in the litigation group at Cahill Gordon & Reindel, previews his upcoming talk Wednesday at the University of Zurich Financial Market Regulation Forum.

Ivan Fong, general counsel of 3M, in St. Paul, MN, on April 22, 2014.

3M's GC Ivan Fong Learned the Value of a Crisis Playbook at Homeland Security

By C. Ryan Barber |

As legal careers go, Ivan Fong, general counsel to 3M Co., has seen it all.

To Get Ahead as GC, Get Savvy About the Business

By Rebekah Mintzer |

To get ahead, a new study says, general counsel can become more business-minded and strategic.

Harvard Law School.

Q&A: Legal Industry Leaders Head Back to School

By Miriam Rozen |

The director of Harvard Law School's executive education programs says his curriculum has evolved right along with the problems facing law firm and law department managers.

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

Digital Pillars: Essential Technologies in Corporate Legal

By Rhys Dipshan |

As modern legal departments look to become more cost-effective and efficient, many cannot do without vital management and analytic technologies.

Businessman touch screen concept - World, Network

Cross-Border Litigation: The Devil in the Details

By Lewis F. Murphy, The Corporate Counselor |

Globalization has created new challenges for companies threatened by, or embroiled in, cross-border litigation. Assets and evidence, in the form of witnesses and documents, may be spread across multiple countries and legal systems. Judicial attitudes and procedures in these systems can vary as much as national political relations.

3 Ways Big Data Will Change the Lawyer's Role

By Ian Lopez |

Lawyers, technologists and advisers may find themselves expanding their roles as technology becomes more integrated with our lives.

ACC's New Data Security Guidance to Law Firms: Be Careful What You Ask For

By John C. Amabile and Micheal L. Binns |

It is almost cliché to say that data security has become the most common concern keeping in-house counsel awake at night. Indeed, many qualified law firms, including ours, have developed the needed expertise to advise clients on the best practices for cybersecurity. And while a law firm's traditional strengths lie in advising clients on avoiding lawsuits and investigations, not being a party to them, more and more find themselves targets of hackers seeking not only the law firm's proprietary information but also the confidential information the firm holds for its clients.

Privacy Regulations and the Power of State AGs

By Aaron Lancaster and Gabriella E. Ziccarelli |

Companies that handle sensitive personal information, both of consumers and of their employees, should be aware that, even with the perceived hostility of the current administration toward data privacy, state regulators, and especially State AGs, likely will still be on the beat as data privacy sheriffs.

Identifying and Investing in Solutions for Law Firms and Legal Departments

By Ari Kaplan, Ari Kaplan Advisors |

On a recent podcast, Ari Kaplan spoke with Pangea3 co-founders David Perla and Sanjay Kamlani on their new venture and legal tech's investment promise.

3 Ways Cybersecurity Demands Are Changing E-Discovery

By Rhys Dipshan |

Data security responsibilities are changing discussions in pre-trial conferences and making e-discovery practitioners more cautious with data custodians.

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.

Financial technology and business investment concept.

State Banking Regulators Sue Feds Over Fintech Charter Proposal

By Stephanie Forshee |

State banking regulators are taking the Office of the Comptroller of the Currency to court over its proposal to establish a special-purpose national bank charter for financial technology companies.

Talin Andonians, Discovia COO

Women of Legal Tech: From the United Nations to Uniting Legal with Technology

By Monica Bay |

After moving to the U.S. in 2002 and learning English as her third language, Talin Andonians worked her way to become Discovia's COO.

Why Google Is Losing the Battle Over Foreign-Stored Data

By Ben Hancock |

Despite a legal victory for tech companies last year in the Second Circuit, a series of decisions has gone against Google.

A Bridge Too Far? Legal's Challenges in Explaining AI Decisions

By By Rhys Dipshan |

Legal and computer science experts at NYU Law's "Algorithms and Explanations" conference discuss the technical and legal barriers to uncovering AI's decision-making.

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

SEC's FCPA Ace Kara Brockmeyer Joins Debevoise & Plimpton

By Sue Reisinger |

Kara Brockmeyer, former chief of the SEC Enforcement Division's Foreign Corrupt Practices Act Unit, is joining Debevoise & Plimpton's Washington, D.C., office as a partner and member of the white-collar and regulatory defense and the strategic crisis response and solutions groups, the firm announced Monday.

How to Leverage Task-Based Legal Work to Improve Value, Efficiency and Outcomes

By Wendy Butler Curtis and Kate Orr |

Review five steps corporate counsel and their outside counsel can take now to disaggregate cases into tasks, determine their value, and ensure the value is reasonable, justified and expected.

Donald Trump.

100 Days In: 10 Issues for General Counsel to Consider

By Robert Bostrom and Ellen Canan Grady |

April 29 marks the end of the first 100 days of President Donald J. Trump's presidency and may be a harbinger of the issues that will frame this presidency. During its first 100 days, the Trump administration has pushed an aggressive agenda to shake up Washington political bureaucracy.

Julie Brill

Microsoft Hires Ex-FTC Commissioner as Cybersecurity, Privacy Lead

By David Ruiz |

Former commissioner for the U.S. Federal Trade Commission Julie Brill will be deputy general counsel and report directly to Microsoft president and chief legal officer Brad Smith. Brill joins the company after roughly a year with Hogan Lovells.

Anthem Loses DC Circuit Bid to Revive $54B Cigna Merger

By C. Ryan Barber |

A federal appeals court in Washington on Friday rejected Anthem Inc.'s proposed $54 billion acquisition of Cigna Corp., upholding a trial judge's decision to block the deal on the ground it would substantially reduce competition.

Elizabeth Moore - Chief Legal Officer, Ladies Professional Golfers Association (LPGA)..Photographed at the Bank of Hope Founders Cup Tournament - Wildfire Golf Club, JW Marriott Hotel, Phoenix, Arizona on Tuesday March 14, 2017

Teed Up: Meet the LPGA's GC

By Stephanie Forshee |

Liz Moore, chief legal officer of the Ladies Professional Golf Association, talks about her transition to the world of sports.

This GC Is on a Mission to Improve Legal Writing

By Stephanie Forshee |

Adam Rosman, the general counsel of First Data Corp., is frustrated with the legal writing he sees. So he's recently become an advocate, of sorts, for removing jargon from legal documents.

U.S. Attorney General Jeff Sessions

Need Help Fighting the CFPB? One Company Turns to Trump's Justice Department

By C. Ryan Barber |

Ocwen Financial Corp., the mortgage loan servicer fighting a new Consumer Financial Protection Bureau lawsuit, has turned to an unlikely source for help: the U.S. Justice Department. In a federal court filing styled as a motion "to invite the views of the attorney general of the United States," the company on Wednesday took the remarkable step of asking the Justice Department to weigh in on the side of a corporation fighting another federal agency.

'Tech Untaxed' Report Shows Declining U.S. Corporate Tax Rates

By Catherine Dunn |

A report from The Greenlining Institute shows that, among a sample of high-tech companies in the Fortune 500, the average effective tax rate has steadily decreased in recent years as collective profits rose.

Federal Judges Preside Over Women in E-Discovery Meeting

By By Monica Bay |

Judges Andrew Peck and Lisa Smith of the U.S. District Court for the Southern District of New York advised women in e-discovery on the best practices in EDD before the judiciary.

LegalTech West Coast Preview: Day 1

By By Sean Doherty |

LegalTech West Coast opens this week at the Westin Bonaventure Hotel in Los Angeles with more than 60 exhibitors and 20 educational sessions where participants can earn up to 13 continuing legal education credits

Law and Journalism in Perugia, Italy

By Anthony Paonita |

A dispatch from CorpCounsel.com's editor in chief, who is in Italia at the International Journal Festival.

In the Wal-Mart C-Suite, it's the PR Battle That Matters

By James F. Haggerty |

Behind Wal-Mart's legal fight is a fierce public relations battle. And make no mistake: it is just as intense, just as high-stakes, and ultimately may be more important than anything that will happen in a court of law.

Employers, Beware the California Supreme Court Decision in Brinker

By Peter Benudiz and Anat Sideman |

The long-awaited California Supreme Court decision in Brinker Restaurant Corporation v. The Superior Court of San Diego County, holding that employers are not required to "ensure" that their employees take meal breaks, has brought employer confusion to an end. Or has it?

Apple Trademark Case Shows a Bolder Brand of Chinese Claimant

By Jessica Seah |

After years of arguing for better brand protection in China, global icons from Apple to Michael Jordan are finding Chinese companies using trademarks as a weapon, too.

In Patent Battle Over Nook, Barnes & Noble Bolsters Legal Team

By Nate Raymond |

As Barnes & Noble defends itself against accusations that its Nook infringes Microsoft's patents, the bookstore chain brought in a lawyer experienced in the tech giant's ways: David Boies.

In Patent Battle Over Nook, Barnes & Noble Bolsters Legal Team

By Nate Raymond |

As Barnes & Noble defends itself against accusations that its Nook infringes Microsoft's patents, the bookstore chain brought in a lawyer experienced in the tech giant's ways: David Boies.

Greenberg Traurig Wins Key Method Patent Ruling at Federal Circuit

By Jan Wolfe |

The Supreme Court's decision in Bilski v. Kappos left many in the patent bar unsatisfied. Rather than resolving the hotly contested question of whether "business methods" are patentable, the justices issued a narrow opinion. Those hoping for a more forceful ruling than Bilski got their wish this week.

Groups Tackle Legal Technology Ethics, Standards

By Evan Koblentz |

Two industry organizations are becoming active in defining legal technology ethics. The Legal Cloud Computing Association, is focused on communicating industry responses to bar association policies and courtroom rulings. Another, the International Legal Technology Standards Organization, aims to define certification and standards processes for users.

Groups Tackle Legal Technology Ethics, Standards

By Evan Koblentz |

Groups in the legal-technology business are looking to create ethics and standards for e-discovery, legal cloud computing, and other key areas for lawyers and firms.

The 2011 Arbitration Scorecard: High Stakes

By Michael D. Goldhaber |

The 2011 Arbitration Scorecard shines a light on 113 billion-dollar cases: 65 based on old-fashioned contracts and 48 based at least in part on investment treaties or legislation.

Apple Returns Fire for App Developers in Lodsys Patent War

By Nate Raymond |

A patent holding company known as Lodsys has taken on an almost Freddy Krueger-ish profile in recent weeks. Not only has Lodsys lodged infringement claims against giants like Hewlett-Packard and Samsung that are used to playing patent defense, but the company has also targeted a group of iPhone app developers whose pockets are not nearly as deep.

Conflicts Hasten Exit of Wilson's Patent Litigators

By Amy Miller |

Wilson's long and much-envied list of tech clients may keep patent litigators there busy. But branching out beyond those mostly small and midsize companies creates conflict issues that they say sideline them on major patent battles.

Genericization of a Giant: Has the World's Most Valuable Brand Become Generic?

By Rami S. Yanni |

By some accounts, Google has now replaced Apple as the world's most valuable brand. Despite that, the registrant of hundreds of domain names containing the term "google" is seeking to have the Google trademark declared generic, arguing that the term is so commonly used as a verb—simply meaning to search the Internet—that it can no longer function as a source indicator, i.e., a trademark. The court's decision in this case could wipe out billions of dollars for Google shareholders.

The Kitty Hawk Flyer

Who Will Regulate Flying Cars?

By David Ruiz |

In a bid to make science fiction reality, companies in Silicon Valley and elsewhere are scrambling to come out with the first flying cars but there will be many regulatory obstacles to overcome before they are at your local dealer, these attorneys say.

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

Whistleblower Pockets $4 Million SEC Award

By Sue Reisinger |

A whistleblower who tipped the agency with information about serious securities misconduct—which was not identified by the U.S. Securities and Exchange Commission—was rewarded with a $4 million award.

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

CFPB, Online Lenders Spar Over Interest Rates, Tribal Law

By Stephanie Forshee |

The CFPB has filed a suit against several online lenders, accusing them of charging illegally high interest rates and violating consumer protection laws.

Justin Kan, Atrium

Legal Technology Investing: A Tale of Two Companies

By Gabrielle Orum Hernández |

Startup founders have begun to look for new approaches to court or skirt venture capital. The cases of Separate.us and Atrium can provide lessons for other companies.

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.

On Patent Dance, Justices Struggle to Find Rhythm

By Scott Graham |

The U.S. Supreme Court justices indicated they could remand a case involving the Biologics Price Competition and Innovation Act, a decision that would leave pharmaceutical companies without needed clarity on the law.

Who's Suing Uber Now?: Lyft Drivers

By Ross Todd |

It's one thing for Uber Technologies to get sued by its competitors. It's another for the embattled ride-hailing company to get sued by its drivers. But in a new class action filed in federal court in San Francisco, Uber is getting sued on behalf of its competitor's drivers.

Wants vs. Needs: Guideposts to Ensuring Appropriate Scope of Discovery

By Wendy Butler Curtis and Kevin Brady |

Long before the Dec. 1, 2015, amendments to the Federal Rules of Civil Procedure (FRCP), the American College of Trial Lawyers' (ACTL) Task Force on Discovery and Civil Justice found that the then "existing rules structure does not always lead to early identification of the contested issues to be litigated, which often leads to a lack of focus in discovery.

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

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.

bluebay/Shutterstock

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.

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.

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 Amazon.com 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

By BY SUE REISINGER |

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.

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.

Shanghai.

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.

Technology

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.