Preview: Silicon Valley In-House Counsel Panel - LMA Bay Area
Press: Clients Buying Less, But Paying More
Microsoft Makes Minority-Owned Firm Its Premier Provider
2012 In-House Counsel New Media Engagement Survey
In Hedden v. Kean University, the New Jersey Appellate Division ruled that an email sent by the University’s women’s basketball coach to the school’s in-house counsel was privileged even though a copy also was sent to the...more
The Delaware court of chancery held recently that control over a target company’s attorney-client privileged communications, including communications between the target company’s counsel and its pre-merger stockholders,...more
All businesses, large and small, that issue electronically generated credit or debit card receipts to consumers at the point of transaction are subject to the “truncation” requirement of the Fair and Accurate Credit...more
There are so many potential pitfalls in conducting an internal investigation. I always say that there is an “art” to conducting an effective internal investigation. ...more
Whether in-house or outside counsel, here are five basic skills that start-ups actually need from their lawyers...more
This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits.
An order granting class certification is not the end of the battle regarding...more
When implementing SEC Exchange Act Rule 10C-1 regarding the independence of compensation committee members, Nasdaq adopted a prohibition on the receipt of compensatory fees by compensation committee members, which is the same...more
Why a Plan Review Shouldn't Be Treated Like a Trip to the Dentist.
Why it should and needs to be less painful than a trip to the dentist.
When it comes to their health, people dread going to the dentist. I dread...more
The law firm business model is designed for clients who can afford law firm fees, which most start-ups, frankly, cannot. A small fraction of those clients’ needs are cutting-edge legal issues. Thus, the exposure to novel...more
Any negotiation for cloud and outsourced services undoubtedly ends up in a debate over what audits are appropriate, what are required, and who will pay for them. With numerous stakeholders, the business owner is often left...more
The value provided by the in-house general counsel for all companies, and also by the associate, assistant and senior counsels for larger companies, is the provision of proactive legal services, as opposed to reactive legal...more
Many employers adopt policies that restrict employee internet conduct that could impact the company’s business. While it is prudent to provide employees with clear rules in this area, employers must be wary of aggressive...more
The government recognizes the importance of compliance and Chief Compliance Officers. In a number of recent speeches, the leadership of the Justice Department and the SEC have made important statements supporting corporate...more
Financial advisors should remain keenly aware that, in recent years, plaintiffs and courts have been more carefully scrutinizing fairness opinions rendered in the context of public M&A transactions. Post-Great Recession, the...more
For many years, the Food and Drug Administration (FDA) has been charged with protecting public health by ensuring the safety and efficacy of foods, drugs and cosmetics. To do so, the FDA has ensured the promulgation of...more
Readers of this blog are well acquainted with the “In-House Counsel New Media Engagement Survey,” the study that Greentarget conducts with consultant Zeughauser Group and InsideCounsel. Since we first published the study in...more
Companies seeking an alternative to traditional risk management approaches are increasingly turning to the captive insurance market, especially for recurring and foreseeable losses.
As most commonly understood, the...more
Companies all over the globe are increasingly aware of the record number of corporate criminal enforcement actions brought in recent years by enforcement authorities to combat corruption, and many companies now are also...more
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits.
The defense team must consider whether the company’s best interests are better...more
The idea of legal “marketing” has been diluted in the last few years. As businesses become smarter consumers of legal services, in-house counsel and Chief Compliance Officers are much better at deciphering legal mumbo jumbo....more
While employers strive to prevent workplace conflict, complaints about employee conduct may still arise. When the complaint involves discrimination or other unlawful conduct, it is important for the employer to thoroughly...more
A recent California Court of Appeal opinion, Yanez v. Plummer, provides a cautionary tale for in-house counsel or outside attorneys who jointly represent their institutional client’s employees or agents in depositions. If...more
We recently notified you of the FDIC’s Financial Institution Letter 47-2013 , which urges directors and officers of financial institutions to examine their institutions’ directors and officers (D&O) insurance coverage to...more
In This Issue:
- The Duty to Preserve
..What triggers the duty to preserve?
..Who has a duty to preserve?
..What is the scope of the duty to preserve?
- Litigation Hold Notices
Recently, the SEC’s Division of Trading and Markets provided guidance on the potential liability of compliance and legal personnel at registered broker-dealers through a series of answers to eight Frequently Asked Questions...more