Outside Counsel

News & Analysis as of

Protect the Privilege: Considerations in Employment Investigations

Employers can take many steps to help maximize the likelihood that attorney-client privileged information and work product will be protected in the context of employment-related investigations. In the recent case of City...more

CA Appellate Court Rules That Outside Counsel’s Fact Investigation is Privileged

On June 8, 2016, the First Appellate District of the California Court of Appeal, reversed a Sonoma County Superior Court, holding that an outside counsel’s investigative report was protected from discovery by the...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery

Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more

10 Tips to Score a Perfect “10” with your Corporate Clients

As outside litigation counsel, we are often brought in to represent new clients when they are on the receiving end of a fresh lawsuit. Jumping in to get a handle on the matter is key, but taking time to get to know your...more

Creating Alternative Fee Arrangements Focusing on Value

In-house counsel hire outside counsel for specific purposes, for example: to document and implement a transaction; to obtain a favorable outcome in a dispute; to provide specialized expertise or counsel; or to provide...more

In-House Counsel May View “Outside Counsel Only” Documents

A federal magistrate judge in Trenton has allowed in-house counsel for a New Jersey corporation to view discovery documents designated for “outside counsel eyes only.” The ruling in Sanofi-Aventis U.S. LLC v. Breckenridge...more

The GC’s Perspective: Relationships Are Key

In my annual year-end scramble to obtain the required Continuing Legal Education credits, I attended a GC panel hosted by our local Legal Marketing Association. As the moderator asked the panel members questions about how...more

Why Every Data Breach Response Plan Should Involve Outside Counsel

The importance of retaining outside counsel after a data breach was recently underscored in the Target data breach class-action litigation filed by the financial institutions. Plaintiffs filed a motion to compel Target to...more

Whew! That Was Close – D.C. Circuit Reaffirms Application of Attorney-Client Privilege and Attorney Work Product Doctrine in...

On August 11, 2015, the U.S. Court of Appeals for the D.C. Circuit issued a writ of mandamus supporting the robust applicability of the attorney-client privilege and attorney work product doctrines in the context of False...more

Client Q&A: Joni Lee Gaudes

FCTI, Inc. is a leading nationwide ATM network and service provider. Since 1993, it has deployed customized ATM solutions to America’s largest financial institutions, travel centers and retailers. The Los Angeles-based...more

[Webinar] Peeling Back the Curtain: Working with Your Legal Department to Optimize Your Relationship With Your Outside Law Firms -...

The pressure between managing external legal costs and efficient execution of your company’s legal tasks while maintaining a successful relationship with your outside law firms can be a challenge. In this webinar, we examine...more

Into the Breach: Tips for Effectively Partnering With Outside Counsel in the Data Breach Planning Process

Target recently announced that the total cost of its data breach response efforts since late 2013 now exceeds $252 million (approximately $90 million of that has been offset by insurance proceeds). Such news, particularly...more

Data Privacy Challenges & Considerations for Cross-Border Ethics & Compliance Investigations

What investigators need to know—and do—to adhere to data privacy laws relating during ethics and compliance investigations. Investigations of potential misconduct can be taxing for any organization. But for...more

Three Huge Myths About Outside Counsel Selection

In the last 100 or so interviews I’ve conducted with general counsel, business executives, staff attorneys and other corporate buyers of legal services, I have heard 100 different answers to the question: How does your...more

Just the Fax: Illinois Appellate Court Concerned That TCPA Settlement Between Insured and Class Action Plaintiffs May Be Collusive

An all too familiar scenario: an insurer believes there is no coverage for a claim, but has a duty to defend its insured. In these situations, an insurer often pays for the insured’s independently-selected defense counsel and...more

Why do VCs require legal opinions in venture deals?

Most large venture deals require that the Company’s outside legal counsel issue a customary legal opinion, addressed to the investors in the financing, in order to give the investors comfort that the company’s legal affairs...more

Client Q&A: Ivor Longo, Coca-Cola Company Counsel, Patents

Q: If you think about your best relationships with outside counsel over time, what are the top three things other lawyers could learn from them? A: 1. Fast response is essential. 2. Outside counsel need to approach...more

Client Q&A: Barbara Kolsun, Exec. VP & GC, Stuart Weitzman, LLC

Q: In your best relationships with outside counsel, what are three important things other lawyers could learn from them? A: Three things that are important to me are cost, rapidness of response and efficiency in...more

The Differentiation Paradox

In our conversations with in-house counsel about what law firms can do to strengthen and deepen their relationships, we often seek a short and sweet answer to the question. The answer is easy, but following through is very,...more

The In-House Attorney-Client Privilege

It’s simple—the attorney-client privilege protects from discovery communications between a client and his or her lawyer. It’s challenging—the privilege applies to communications between (some) corporate representatives and...more

All Consuming - Legal Updates for Consumer Finance Professionals (December 2013)

Welcome to the first issue of All Consuming. The Consumer Finance Practice Group will periodically distribute an issue of All Consuming to advise its clients and colleagues of litigation and regulatory developments affecting...more

Strategies In Class Action Engagement: The Class Certification Hearing

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

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in...more

Preview: Silicon Valley In-House Counsel Panel - LMA Bay Area  [Video]

A preview of the LMA Bay Area's program, 'In-House Counsel Summit: New Realities in Delivering Legal Services.' The economics of the legal industry have fundamentally changed with the current recession. Overall demand for...more

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