In-House Counsel

  • Alphabet soup

    In-House Counsel, Litigators

    Abbrev’s For Idio’s (Or, 3 Tips For Effective Communication)

    In-house columnist Mark Herrmann offers three lessons about communication.

    26 Comments / / Oct 20, 2014 at 12:22 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
  • Fringe benefits

    In-House Counsel

    Five High-Level Issues to Consider in Shaping Employee Benefit Offerings

    The workplace that we know today is rapidly changing. Competition for highly skilled workers is fierce, employees have become more mobile (due, in part, to alternative work arrangements or outsourcing), and there are often several generations of employees working alongside one another with different workplace approaches and perspectives. Developing employee benefit and compensation programs that are meaningful to a diverse group of workers with varied needs will become increasingly more challenging. This month’s Take 5 discusses the following five high-level issues to consider in shaping your organization’s employee benefit offerings:

    / Oct 15, 2014 at 11:01 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
  • Legal Transcriptionist

    Biglaw, Boutique Law Firms, Depositions, In-House Counsel, Litigators, Small Law Firms

    Beyond Biglaw: Effective Deposition Defense (Part 2)

    Defending depositions is important, so make sure you do it right.

    10 Comments / / Oct 14, 2014 at 10:16 AM
  • dartboard pen on target inside straight

    Biglaw, In-House Counsel

    Make It Perfect; Then Send It To Me

    Why should your boss bother looking at anything other than your best work?

    22 Comments / / Oct 13, 2014 at 11:57 AM
  • Lindsay Lohan

    5th Circuit, Abortion, Biglaw, In-House Counsel, Law Schools, Lindsay Lohan, Mergers and Acquisitions, Morning Docket, SCOTUS, Supreme Court, Texas

    Morning Docket: 10.10.14

    * This just in: Now that the Fifth Circuit has refused to hear the Texas abortion case en banc, it looks like we may see a viable case about a major social issue being brought to Term before SCOTUS after all. [National Law Journal]

    * Skadden came out on top of the Bloomberg, Thomson Reuters, and Mergermarket league tables for the highest transactional value of its mergers and acquisitions deals in 2014. Congrats on kicking the competition’s ass. [Am Law Daily]

    * Per HBR Consulting, clients are winning the war when it comes to getting legal services on the cheap. Consider this a “call to action for law firms to reconsider the way they do business.” [WSJ Law Blog]

    * The Elon University School of Law is completely revamping its academic offerings in order to offer a law degree that can be earned in 2.5 years, and for about $14,000 less. Nice work! [Triad Business Journal]

    * Lindsay Lohan’s attorneys filed an amended complaint in her case against Grand Theft Auto’s publisher, this time going to far as to spell their client’s name correctly. [Hollywood, Esq. / Hollywood Reporter]

    9 Comments / / Oct 10, 2014 at 9:10 AM
  • Pepsi logo

    9th Circuit, Gay Marriage, General Counsel, In-House Counsel, Law Schools, Non-Sequiturs, Patents

    Non-Sequiturs: 10.07.14

    * Congratulations to Tony West on his new gig as General Counsel of PepsiCo. It sounds like an exciting and challenging opportunity. Plus, you know, free Mountain Dew. [Politico]

    * What the hell? The feds stole a woman’s identity and made it into a Facebook page. Well, now she’s found out and she’s suing. Identity theft was one thing, but the way the DEA Agent kept spamming the woman’s friends to play Candy Crush Saga was just unacceptable. [Buzzfeed]

    * Time for some court news: Ninth Circuit joined the chorus in striking down gay marriage bans in Idaho and Nevada. [Ninth Circuit]

    * It’s Nobel Prize time, and one of the winners for Physics has a personal story about how important it is to hire a good lawyer. In fact, it was about $180 million important. [Slate]

    * We constantly beat the drum of how law schools need to adjust to reality and stop duping students into terrible financial decisions. But here’s the PR secret that’s kept law schools from, by and large, collapsing: they sell the experience. [Law and More]

    * An open letter begging Amal Alamuddin not to quit her day job now that she’s married to some acting guy. [The Careerist]

    * New York City paid $50K to settle a lawsuit brought by the family of a child who killed herself after school officials allegedly did nothing despite several warnings that the girl was being brutally bullied. There’s a lot of “in my day…” types who read this site who may not care about bullying, but this is more a question of irresponsibility. If your job is to provide a safe learning environment and you fail, you pay. [DNA Info]

    * At oral argument, the Court seemed generally supportive of the Muslim inmate hoping to grow a beard. If this intuition is right, soon individual people may have the same religious rights as corporations! [Supreme Court Brief]

    * Finally, thanks to the Rutgers-Newark Law School chapter of the American Constitution Society for hosting a great event today where Elie and I previewed the upcoming SCOTUS Term. My personal highlight was watching Elie’s head explode while talking about Young v. UPS.

    8 Comments / / Oct 7, 2014 at 5:02 PM
  • 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
  • Legal Transcriptionist

    Biglaw, Boutique Law Firms, Depositions, In-House Counsel, Litigators, Small Law Firms

    Beyond Biglaw: Effective Deposition Defense (Part 1)

    Depositions are important — and if the fate of many litigators is to be a “deposition lawyer,” then one might as well be as good at depositions as possible.

    13 Comments / / Oct 7, 2014 at 10:17 AM
  • Once upon a time

    Books, In-House Counsel, Litigators

    Proof That The Internet Did Not Destroy The Ability To Write

    What is the secret to good writing?

    16 Comments / / Oct 6, 2014 at 12:17 PM
  • stat of the week

    Biglaw, General Counsel, In-House Counsel

    Stat Of The Week: How Do GCs Research Law Firms?

    How do GCs hire outside counsel?

    3 Comments / / Oct 3, 2014 at 3:33 PM
  • access denied

    Biglaw, Boutique Law Firms, In-House Counsel, Intellectual Property, Patents, Small Law Firms

    Beyond Biglaw: In-House Talent — Access Denied?

    Why are in-house lawyers limited to working only for their particular employer?

    11 Comments / / Sep 30, 2014 at 10:16 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

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