Corporate Counsel

  • Herding_Cats

    eDiscovery

    E-Discovery Cases — Herding Cats Would Be Easier

    Two disturbing cases for different, but similar reasons.

    When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to protect the producing party? Putting aside that works entirely in favor of the receiving party, this may be a viable solution in a very small percentage of cases, but for a defendant to argue to a Court that the Plaintiff should blindly produce backup tapes with only a claw back agreement as protection is ludicrous. That is one side of the argument made in Dynamo Holdings Limited Partnership, et al, Petitioner vs the Commissioner of Internal Revenue; Beekman Vista, Inc vs the Commissioner of Internal Revenue (Docket Nos. 2685-11, 8393-12).

    / Nov 11, 2014 at 4:04 PM
  • Internet Bully

    Technology

    Top 10 Technology Blunders for Employers

    As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty of technology issues that an employer should look out for. Are you guilty of any of these top ten technology blunders that are either committed or allowed by employers?

    Blunder No. 1: Recruiting or hiring employees using “coherent people profiles” assembled by aggregators like Spokeo.

    / Nov 3, 2014 at 3:12 PM
  • HiRes

    Biglaw, Donald Trump, General Counsel, In-House Counsel, Partner Issues

    13 Things That Keep GCs Up At Night

    “Stop writing useless memos” and other takeaways from the NYLMA GC Summit.

    30 Comments / / Oct 28, 2014 at 5:54 PM
  • Blogging Typewriter

    Blogging, General Counsel, In-House Counsel, Labor / Employment

    Make The Investment To Blog — Corporate Counsel Will Reward You

    Why do general counsel love blogs so much, and what do they look for when reading blogs?

    2 Comments / / Oct 15, 2014 at 3:33 PM
  • Ebola

    In-House Counsel

    Ebola in the Workplace – Dangerous to Employers

    Returning from a trip to West Africa with some college buddies, Ben X. Posed, a waiter at Chotchkie’s, showed up for work with a fever, muscle aches, a strong headache, and stomach pains. Begging his boss Dee Manding for the rest of the day off, Ben complained of his aches and pains and told of his overnight stay where one of the villagers recently died from Ebola. Dee Manding refused any time off explaining he was short-staffed. The next day Ben was hospitalized with a confirmed case of Ebola. Are Dee Manding and Chotchkie’s liable if other employees, or patrons, contract Ebola?

    / Oct 15, 2014 at 11:12 AM
  • Health care courts

    In-House Counsel

    Implementing An Employee Wellness Program? Be Careful – The EEOC Is Interested

    According to recent studies, over 90% of employers offer some type of wellness incentives to their employees. This is a significant jump from 2009 when only a little over half of employers had employee wellness programs, and the Equal Employment Opportunity Commission (“EEOC”) is taking note. In the last two months, the EEOC has filed two lawsuits against employers related to their company wellness programs.

    / Oct 15, 2014 at 10:21 AM
  • Disabled-worker-post-it-300x199

    In-House Counsel

    Beyond Essential Functions: The Role of Job Reassignments in Accommodating Employee Disabilities

    Imagine for a moment that you are the HR Manager for a company with many physically demanding jobs. One of your employees submits a doctor’s note prohibiting her from lifting anything over 25 pounds. Mindful of your obligations under the Americans with Disabilities Act (ADA), you check to see if the lifting restriction will prevent the employee from doing her job. Unfortunately, after checking the employee’s job description and talking with her supervisors, you conclude that lifting is a key part of the employee’s job (in legal terms, an “essential function”), and there is nothing practical that can be done (in legal terms, no “reasonable accommodation”) to allow her to perform her job. When you tell the employee that she cannot return to her job, she asks if there are other positions available within the company that she can be transferred to. You say you’ll look into it, but when you start asking around, things get complicated. There are a handful of open positions in other departments, but the job requirements are different and some of the positions already have applicants who seem better qualified. None of the positions have exactly the same pay as the employee’s warehouse position, so she would either be getting a raise or a demotion. What should you do?

    / Oct 7, 2014 at 12:15 PM
  • keyboard typing

    In-House Counsel, Technology

    Cyber Liability Insurance: Where’s the Beef?

    “Cyber liability insurance” is often used to describe a range of insurance policies, in the same way that the word cyber is used to describe a broad range of information security related tools, processes and services. Everyone is talking about the need for “stand alone” cyber liability insurance policies. These stand-alone cyber liability insurance policies basically cover expenses related to the management of a breach, e.g, the investigation, remediation, notification and credit checking. However, cyber liability coverage is also found in some existing insurance policies, including kidnap and ransom and professional liability coverage. There may also be some limited coverage through a crime policy if electronic theft is added to that policy.

    / Oct 7, 2014 at 12:08 PM
  • Gavel with American Flag

    In-House Counsel, Technology

    Top Five Governance & Compliance Hot Topics For General Counsel

    On September 18, 2014, InsideCounsel magazine held a corporate counsel conference to facilitate discussions on current legal issues. In sessions on governance and compliance, industry experts addressed the current top challenges that in-house attorneys face when managing enterprise risk.

    Cybersecurity is no longer just a “technology” issue. It has become a business and legal issue. Compliance and management personnel must be trained and informed on the impact that cybersecurity risks present to the business. Companies must have a business response, not just a technical response, prepared for when something goes wrong. The question is not “whether” a cybersecurity issue will arise, but when.

    / Oct 7, 2014 at 11:51 AM
  • Online Password

    In-House Counsel, Technology

    Your Client is Hacked and Personal Information is Leaked Online – Now What?

    You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from his phone and posted online. You start thinking not if, but when, shareholders will discover this embarrassment, how much it will cost the company and what legal action to take.

    / Sep 30, 2014 at 9:52 AM
  • clients RF

    In-House Counsel

    Easy Living

    One of the phrases we hear most frequently in client feedback interviews is “Make my life easier.” Clients often describe that as the key to their most successful outside counsel relationships, and at other times they express that wish for broken relationships. But what does it really mean and how can we put it into practice? Like a diligent athlete, those who make their clients’ lives easier pursue it as a way of life rather than an act of duty.

    As with most of our recommendations, we highly encourage you to customize your approach to the client, include the client in the discussion and adapt and evolve the value over time. Here are some ways to get started:

    / Sep 30, 2014 at 9:40 AM
  • women-lawyers

    General Counsel, In-House Counsel, Women's Issues

    Women GCs: The Best Advice I Ever Received

    Over three days during September 17-19, InsideCounsel magazine succeeded where others have not. They created a national forum to facilitate women-to-women exchange on current legal issues. This year’s conference was the second annual meeting to bring together talented women attorneys. As part of the process, InsideCounsel invited nationally-recognized women who are General Counsel for Fortune 500 companies and attracted the best and brightest among in-house attorneys around the world. One speakers’ panel shared their experiences for getting to the GC leadership positions where they are today, and the advice is refreshingly candid.

    / Sep 30, 2014 at 9:28 AM
  • Please go f@ck yourself and die, SCOTUSblog.

    Intellectual Property

    Is This The End of Patent Trolls?

    Following the Supreme Court’s recent guidance in Alice Corp. v. CLS Bank International, several software patents have been invalidated by the Federal Circuit, and district courts. In Alice Corp., the court set out a two prong validity test. First, whether the subject matter is eligible for a patent; and second, if so, whether the recitation of generic computer components adds something that is not already present when the steps are considered separately? For software patent applicants, Alice Corp. now requires that the method or system 1) improve the functioning of the computer itself, and do more than instruct one to apply the abstract idea on an unspecified generic computer; or 2) effect an improvement in another technology or field.

    / Sep 25, 2014 at 2:53 PM
  • gavel money

    Biglaw, Contracts, General Counsel, In-House Counsel, Intellectual Property, Labor / Employment, Litigators, Money, Rankings

    Who Represents America’s Biggest Companies? (2013)

    Which firms do Fortune 500 companies turn to when facing bet-the-company litigation?

    19 Comments / / Sep 19, 2013 at 1:39 PM
  • corporate money

    Alston & Bird, Biglaw, General Counsel, In-House Counsel, Litigators, Money, Rankings

    Who Represents America’s Biggest Companies?

    Which firms do Fortune 100 companies turn to when they’ve got bet-the-company litigation on the table?

    21 Comments / / Sep 27, 2012 at 2:09 PM
  • Size Matters Valerie Katz

    Biglaw, Boutique Law Firms, Partner Issues, Small Law Firms

    Size Matters: Are Associates at Small Law Firms Screwed?

    The future looks bright for small law firms and their partners. But what about small-firm associates?

    23 Comments / / Apr 10, 2012 at 4:17 PM
  • dartboard pen on target inside straight

    In-House Counsel, Legal Ethics

    Inside Straight: Knowing That Law Wins

    Someone in the company is going rogue: The person proposes to do something brazenly illegal, or slightly illegal, or perfectly legal but sufficiently immoral that the conduct would turn any reasonable person’s stomach. The rogue is not listening to logic. The person is ignoring everything that your local in-house lawyer is saying. What’s the appropriate response from the law department?

    10 Comments / / Apr 2, 2012 at 10:32 AM
  • dartboard pen on target inside straight

    Biglaw, General Counsel, In-House Counsel, Job Searches, Rudeness

    Inside Straight: If Law Don’t Get No Respect

    Current in-house lawyers: Is the law respected in your workplace? Aspiring in-house lawyers: How can you make sure that a potential in-house employer respects the legal function?

    10 Comments / / Mar 12, 2012 at 10:15 AM

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