New Guidelines for Board Oversight of Ethics and Compliance
With increasing regulatory oversight of ethics and compliance programs, one of the general counsel’s key focus areas is formalizing compliance-related board relations, ensuring that their boards...
View ArticleCompetition Outlook in Key Global Regions
The European Commission wants wider and more harmonized powers for national competition authorities. Importantly, the UK will vote on its membership in the EU in June. If what’s being called “Brexit”...
View ArticleCorruption Risk for Multinationals in India
India’s government has been pushing economic growth by going after foreign investment, lowering barriers to doing business and addressing corruption. However, it will take time before a robust Indian...
View ArticleCourt Reporting in the Digital Age
Court reporting in the digital age is mobile and cloud-based. This changes important aspects of litigation for both outside counsel and the in-house legal department. Depositions and other proceedings...
View ArticleLaw Departments See Regulation as Biggest Challenge
More than half of law departments find that regulatory requirements are their biggest challenge, according to The Consilio Law Department Benchmarking Report. The Consilio report uses data from 119...
View ArticleSuccessor Liability for FCA Violations
Generally in an acquisition the acquiring company assumes the predecessor’s liabilities. The Department of Justice and the SEC devoted several pages to this subject in their joint 2012 publication, A...
View ArticleCollect Better Data, Not More Data
Corporate legal departments need to collect and analyze data, but overambitious data collection can derail projects. The “more is better” approach presents a number of obstacles to getting traction...
View ArticleLitigation Guidelines Shouldn’t Undercut Policyholder
Insurers often insist that counsel representing the policyholder follow the insurer’s litigation management guidelines. But some guidelines have the potential to impair a lawyer’s independent...
View ArticleCase Provides Blueprint for Controlling Liability
The Seventh Circuit’s decision in Thornton v. M7 Aerospace, LP serves as a reminder to companies that purchase or succeed to assets of a product manufacturer that liability may follow if they do not...
View ArticleTrends in Canadian M&A
A strong year-end bolstered Canadian M&A activity into 2016, making last year the most active year in Canadian dealmaking since 2007. The year got off to a robust start, with overall Canadian...
View ArticleA Powerful Weapon Against Infringing Imports
Under section 337 of the Tariff Act, the U.S. International Trade Commission conducts investigations into allegations of certain unfair practices in import trade. Most involve claims of patent...
View ArticleDon’t Let “Shadow IT” Take Hold in the Legal Department
Employees are becoming empowered to take workplace technology adoption into their own hands, and that’s become a challenge for IT departments and companies. A 2016 Cisco research report found that...
View ArticleStanding is Key Issue in Cyber Lawsuits
A data breach plaintiff, like any federal plaintiff, must establish standing in order to survive a 12(b)(1) motion to dismiss. Traditionally, district courts have dismissed consumer suits for data...
View ArticleLessons from Ransomware Attacks on Healthcare Providers
Earlier this year a number of healthcare providers found themselves under siege by targeted ransomware attacks. In February, Hollywood Presbyterian Medical Center in Los Angeles had its network...
View ArticleLimits of Cyber Attack Insurance Being Tested in Litigation
Some of the first cases relating to a cyber-attack or data breach relied on traditional insurance forms that contained specific coverages relating to electronic data. A Delaware Superior Court analyzed...
View ArticleDifficult Due Diligence on Overseas Intermediaries
Under the Foreign Corrupt Practices Act, if the agent of a company pays or offers to pay a bribe to a foreign official in order to help secure business, the company itself can be held responsible....
View ArticleFrom Europe’s Privacy Regulators, Big Penalties But No Rules
With the current state of European privacy regulations, American firms must make additional efforts with their contracts and guarantees of personal data protections to satisfy their European customers....
View ArticleEnvironmental Cleanup and Recovery for Fraudulent Transfers
The Uniform Fraudulent Transfer Act (UFTA) prevents debtors from transferring assets in an effort to frustrate creditors’ collection of debts. But the UFTA requires claimants to act promptly, imposing...
View ArticlePreparing For Low-Probability High-Impact Events
Risk appetite, the balance between risk-taking and risk-management, should turn on a careful set of decisions by corporate leaders, with the general counsel and inside lawyers playing a central role....
View ArticleInformation Governance Can Make Data an Asset
Technologies like predictive coding play a significant role in narrowing the scope of data to potentially relevant evidence, but that early understanding is contingent on having an information...
View Article