E-discovery veteran Pete Smith gives his vantage point on e-discovery’s major changes and his new role at TRU Staffing Partners.
E-discovery veteran Pete Smith gives his vantage point on e-discovery’s major changes and his new role at TRU Staffing Partners.
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.
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 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.
Shearman & Sterling has published a 34-page white paper describing steps a company needs to take to continue operating during high-profile corruption cases.
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.
The legal metrics platform provides law firms and legal departments a way to assess performance and compare law firms.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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 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).
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.
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.
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.
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.
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.
California will receive more than $1.4 million from the settlement, the largest share of any state.
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.
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.
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.
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.
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.
The sort of ransomware attack experts have warned about for years has happened. Now organizations need to examine their security postures.
A new tool from IBM, called "Outside Counsel Insights," uses the power of Watson to reveal billing insights to legal departments.
Geared toward legal operations, the platform allows legal departments to configure automated workflows without the help of IT personnel.
U.S. District Judge Paul Magnuson came out with an order approving class certification in a $10 million data-breach settlement.
Examining the current similarities between e-discovery and cybersecurity can be a predictor of future patterns in the cybersecurity staffing market.
Companies keeping Microsoft Office 365 workloads on-site have to be more attentive to security vulnerabilities.
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?
A lack of dialogue between IT and the legal department is at the core of shadow IT and many other data security challenges.
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.
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.
The legal industry redefines workspace with the explosion of secure mobile devices and safe cloud computing.
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.
With a deluge of information, and plenty of ways to consume it, in-house counsel have their hands (and minds) full to bursting.
The oil services company has seen its share of trouble, with the outgoing top lawyer having faced Deepwater and other problems.
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.
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.
Which firms have the most clients, and which are tops in their practice areas?
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.
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.
Law departments often focus on cutting spend, but in-house IP attorneys aren't shocked that more funds may be going toward trademark policing.
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.
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.
The insurance provider is accused of improperly denying claims for transcranial magnetic stimulation used to treat severe depression.
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.
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.
Uber general counsel Salle Yoo is being promoted to chief legal officer as the company begins an external search for a new GC.
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 of the Conference of State Bank Supervisors, speaks about her organization's new regulatory plan for nonbanks such as fintechs.
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.
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.
The prescription drug company denied allegations that it falsely billed Medicaid and Medicare while agreeing to the settlement.
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.
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.
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.
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!
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.
Toyota, Subaru, Mazda and BMW agree to the settlement affecting more than 15 million consumers.
CFTC acting chairman J. Christopher Giancarlo introduced a new program for financial technology companies on Wednesday.
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.
Explore the antitrust implications of earnings call statements and guidelines to minimize antitrust risk.
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.
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.
The name Google hasn't gone the way of thermos, cellophane and aspirin—at least not yet.
The ACC has chosen legal departments and some partner law firms that seem to be excelling at legal operations.
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.
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.
State banking regulators have proposed a plan that might rival the OCC's recent offering of a special purpose bank charter to fintechs.
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.
Evidence is complete and closing arguments begin Wednesday in the three-week trial.
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.
Lawyers for the ACLU have filed additional complaints against Frontier Airlines charging the company with discriminating against pregnant and nursing employees.
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.
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.
Complete our brief survey by June 2, and let us know the issues that are keeping you up at night.
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.'
Pilot projects help uncover the usefulness and limitations of artificial intelligence technology for contracts before committing significant resources and time.
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.
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."
With the exit of Thomas Curry as the head of the OCC, the future of fintech bank charters has gotten murkier.
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.
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.
Undoubtedly, legal motions will sometimes be futile. I have appeared before judges who flatly declared, "I do not grant summary judgment."
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.
Friendship between partners in Austin firm and a lawyer at a trade association gets firm put on short list for contract.
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.
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.
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.
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.
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.
Acosta 'is still looking for a solution that could be implemented in final form before June 9,' says ERISA attorney Reish
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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, 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 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.
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.
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?
Though squeezed by tighter budgets, legal departments are not yet fully implementing cost-saving technology processes, The Blickstein Group-Exterro study found.
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.
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).
BakerHostetler’s cybersecurity report highlights the nature of company cybersecurity while illustrating the law firm’s changing role in the tech age.
Amicus briefs poured into the California Supreme Court from technology trade organizations and individual companies in Hassell v. Bird.
"One emerging theme that all regulators should be taking into account is, what is the landscape for cybersecurity right now?"
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In our annual list of the highest-paid Fortune 500 general counsel, top company lawyers get a raise after a couple of rough years.
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.
In our annual list of the highest-paid Fortune 500 general counsel, top company lawyers get a raise after a couple of rough years.
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.
A developing project around legal matter standards could give law departments a new language to speak when they talk about their work.
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.
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.
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.
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.
Wolters Kluwer vice president and general manager Jonah Paransky chats about the changing legal technology market.
Bayer has a new compliance training program that's different from anything it has offered its employees before.
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.
When an in-house lawyer is named in a legal complaint, there are plenty of considerations to be made.
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.
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.
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.
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.
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.
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 Council for International Business, which counts multinational companies and major law firms as members, said Wednesday that it remains in a "strong financial position."
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.
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.
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.
Jim Rogers, the new head of legal at Orbitz Worldwide Inc. joins the online travel business after a long trek through corporate law.
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.
Keith Noreika will take over for Thomas Curry at the Office of the Comptroller of the Currency.
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.
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.
Software developers in the legal technology space may want to think long and hard before forgoing a patent.
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.
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.
Speakers at the Corporate Legal Operations Consortium (CLOC) Conference will try to educate legal departments about using metrics to understand and meet future challenges.
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.
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.
For some employers, social media can prove to be a litigation trap.
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.
This GC says he risked everything to help expose his company's illegal trade with Iran, and in turn paid a hefty price.
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.
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.
How a Foreign Corrupt Practices Act investigation turned the chief legal officer of Bio-Rad Laboratories into the company's chief legal adversary.
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, 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.
As legal careers go, Ivan Fong, general counsel to 3M Co., has seen it all.
To get ahead, a new study says, general counsel can become more business-minded and strategic.
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.
As modern legal departments look to become more cost-effective and efficient, many cannot do without vital management and analytic technologies.
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.
Lawyers, technologists and advisers may find themselves expanding their roles as technology becomes more integrated with our lives.
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.
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.
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.
Data security responsibilities are changing discussions in pre-trial conferences and making e-discovery practitioners more cautious with data custodians.
As companies expand mobile device in-house, many are worried about their ability to limit the exposure of potentially discoverable corporate data.
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.
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.
Despite a legal victory for tech companies last year in the Second Circuit, a series of decisions has gone against Google.
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, 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.
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.
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.
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.
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.
Liz Moore, chief legal officer of the Ladies Professional Golf Association, talks about her transition to the world of sports.
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.
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.
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.
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 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
A dispatch from CorpCounsel.com's editor in chief, who is in Italia at the International Journal Festival.
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.
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?
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.
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.
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.
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.
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 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 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.
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.
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.
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.
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.
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.
The CFPB has filed a suit against several online lenders, accusing them of charging illegally high interest rates and violating consumer protection laws.
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.
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.
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.
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.
The 2017 CLOC Conference focus on harnessing legal data toward actionable metrics is more than advice—it's increasingly becoming a business necessity.
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.
Panelists hoped to bring clarity to risk management anxieties arising from the fast-changing cybersecurity market.
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.
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.
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.
Public comments are now available on a new set of draft guidelines dealing with special purpose bank charters for fintechs.
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.
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.
Even with security advancements, the use of biometric data may running into increased regulatory oversight and far-reaching state privacy laws.
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.
"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.
A new GAO report highlights data security as an issue for fintech and its band of many regulators.
An effective new matter planning checklist needs to address all six phases of your e-discovery project. Here’s a 24 question example.
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.
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.
Law firms need to pay attention to both the ACC guidelines and the NYS DFS regulations in order to compete in the current marketplace.
At an upcoming CLOC institute, panelists will discuss how artificial intelligence could have an upside for some legal departments.
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.
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.
The World Bank Group is set to name Pascale DuBois to its top anticorruption post as its next Integrity Vice President.
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.
HBR Consulting knows the difficulty legal departments have evaluating their processes. At CLOC, group leaders will try to help operations professionals make the grade.
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.
American Oversight, a nonprofit formed by attorneys, is working to reveal information to the public about health care policymaking in Washington.
The case involved allegations that Harman International Industries artificially inflated its stock prices.
Class action powerhouse Hagens Berman Sobol Shapiro accused the automaker Wednesday of making its customers "beta testers of half-baked software."
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.
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.
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.
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 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, 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, talks about the benefits of entering the compliance side of the in-house legal world.
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.
Review eight updated and comprehensive focal points that are steps in the right cybersecurity direction.
A new study from British law firm EMW finds an enormous increase in fintech patent filings.
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.
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.
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 consultant Susan Constantine is employing facial recognition software, but the jury is still out on the tool's efficacy and impact.
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.
Corporations operating in Asia are turning to legal technology to manage IP assets and work more efficiently on a global scale.
Morae Legal managing directors Brian Stearns and Mark Woolfolk discuss how legal technology enables corporate legal to rethink how it approaches and delegates work.
The risk management rundown on making sure your company, no matter the size, is protected from common cyber risks.
The Daily Report on Friday announced the honorees in its In-House Legal Department of the Year and GC Impact program.
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.
For the second time this year, the Consumer Financial Protection Bureau has accused a law firm of using overly aggressive debt collection tactics.
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.
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.
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.
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.
Several in-house counsel at a UC Berkeley School of Law conference described how little sports has to do with their "sports law" jobs.
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.
Despite an almost $7 million litigation win, the GC of fitness equipment company TRX still sees litigation as a last resort.
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 awarded the Seattle plaintiffs firm $2.3 million, a small fraction of its request.
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 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.
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.
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.
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 of United Airlines, will likely play a pivotal role in the company's response to a recent scandal.
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 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?
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.
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 was ordered to pay a refund of royalties for phone and chip modem sales that exceeded a per-unit cap.
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.
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.
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.
Accusations of a gender gap in compensation at Google have brought to the fore the importance of pay equity for companies and legal departments.
A federal court complaint on behalf of Juicero Inc. says a Chinese company has copied the "luxurious yet approachable" style of its juicer.
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.
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.
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.
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.
In a new suit, eSentio Technologies accuses HBR Consulting of derailing its bid for document management work from Akin Gump and King & Spalding.
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.
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."
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.
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.
Eight app makers have agreed to settle a California class action accusing them of accessing the address books of Apple customers without permission.
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.
All three major branches of the federal government, as well as the states, have begun to tackle regulation of the IoT.
kCura and Videris are betting their integration can vastly improve the efficiency of analyzing data sets by aligning internal and external data sets.
For legal, Microsoft is trying to streamline records retention and deletion while keeping data in place.
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.
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.
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.
With the enactment of the Defend Trade Secrets Act of 2016 (DTSA), federal courts are now wide open for trade secret litigation.
A Labor Department judge adjourned a bench trial scheduled to close Friday evening as Google's attorneys needed to discuss a "significant matter."
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.
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.
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?
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?
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.
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.
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.
Pernod Ricard’s senior legal adviser and compliance officer Ingrid Cope is joining the Coca-Cola Company at its UK and Ireland legal head.
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.
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.
It might be time to react when someone posts defamatory, offensive or infringing content about you or your business on social media.
The intellectual property lead left Facebook after almost 10 years with the company.
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.
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."
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.
In recent years, some legal departments have started requesting, or in some cases mandating, that outside law firms make diversity and inclusion a priority.
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 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.
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.
Asian companies are bracing for an expected wave of rising litigation, regulatory action and cost pressures, a Baker McKenzie survey found.
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.
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.
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.
A federal judge held that Coca-Cola had no responsibility to prevent its employees' personal information from falling into the wrong hands.
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.
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.
Planning ahead is essential, and legal teams should consider these nine tips when assessing their companies' readiness.
Operational, cultural and implementation barriers can challenge corporate legal's attempts to secure volumes of sensitive company data.
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.
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.
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.
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.
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.
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?
"Americans deserve a president of undivided loyalty," the Wallace Global Fund told Morgan Lewis' leader. "Your firm has denied them that."
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, 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.
The need for workflow security components goes much deeper than simply meeting compliance requirements.
The updates to the influential Principles are the first released since 2007, and the third edition is four years in the making.
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.
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.
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.
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."
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.
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.
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.
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 is to stop paying panel law firms for work carried out by newly qualified lawyers and trainees, Legal Week can reveal.
The Waymo v. Uber case is one of the first major battles over driverless car technology, and it will be a real food fight.
The TC Heartland case raises a number of important issues for in-house counsel around IP and litigation strategy.
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.
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.