Outside Counsel

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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

Checklist Series: The Transactional In-House Lawyer’s Guide to Copyright Infringement Litigation

While the largest media companies have entire legal departments devoted to defending litigation, smaller companies may have only one in-house counsel, usually someone more familiar with business transactions than defending...more

How to Get the Best Advice From Your Outside Counsel - From Someone Who Has Been on the Inside

In-house lawyers rely heavily on their outside counsel to give them legal advice that is concise, clear and up to the minute, making the relationship one of great importance. Indeed, it is outside counsel’s job to do his or...more

What Are The Risks When An Employer Negotiates Its Own Union Contract?

Business owners and managers, elected public officials and administrators, and even sports teams' owners and general managers usually have more to lose than to gain by negotiating their organizations' union contracts....more

Investigating Alleged Board Member Misconduct

Let us start our discussion with an area of broad consensus: A company’s board of directors has a duty of care to respond to and investigate allegations of wrongdoing by officers and employees of the company. But what happens...more

Class Actions: Effective Partnering Between Inside And Outside Counsel

The following series of blog posts were excerpted from the class actions chapter of Successful Partnering Between Inside and Outside Counsel, a multi-volume treatise that is a joint project of West and the Association of...more

Inside-Outside Counsel Collaboration: Building A Win-Win In Las Vegas

The Editor interviews Anthony Pearl of The Cosmopolitan of Las Vegas and Brian Cheney of Snell & Wilmer, L.L.P. This interview is sponsored by LexisNexis CounselLink. While working on stories, you sometimes uncover a...more

Public Company Adviser - June 2013: Compensation Committees May Need to Consider the Independence of Outside Legal Counsel to the...

Under new NYSE and Nasdaq listing standards that take effect on July 1, 2013, a compensation committee may receive advice from legal counsel, as well as compensation consultants and other advisors, only after considering six...more

Independent Investigations Have Proved Valuable For College Athletics

As recently noted by ESPN senior college basketball writer Andy Katz, the various crises facing intercollegiate athletic programs across the country could benefit from a fresh set of eyes. Increasingly, university...more

Managing Peer Review Hearings and Litigation

In this presentation: - Overview and recommendations regarding hearing procedures. - Ways to maximize confidentiality and immunity protections under state law, HCQIA and the Patient Safety Act. -...more

Do Law Firms Have An In-House Privilege?

There is often a discussion about the retention of outside counsel to lead an investigation of alleged violations of the US Foreign Corrupt Practices Act (FCPA) so that the company may maintain the attorney-client privilege....more

Planning For When Things Go Wrong: Are You Ready To Investigate Allegations Of Board Member Misconduct?

Let us start our discussion with an area of broad consensus: A company’s board of directors has a duty of care to respond to and investigate allegations of wrongdoing by officers and/or employees of the company. But what...more

Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA [Video]

In the two most recent corporate Foreign Corrupt Practices Act (FCPA) enforcement actions, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) to communicate not only what they believe constitutes a...more

Not so fast, in-house counsel, you’ve also got some work to do!

Amidst all the virtual ink directed at lawyers for being poor businesspeople, another equally compelling point is too-often missed: clients, particularly in-house counsel, have quite a few shortcomings as well. At the core...more

M*A*S*H and Triage in Your FCPA Investigation Protocol

One of the things that I learned from the television series M*A*S*H was the need for triage. In the hospital setting, triage is the process of determining the priority of patients’ treatments based on the severity of their...more

When Does A Corporate Officer Or Employee Need Separate Counsel?

It is a profound grasp of the obvious to state that internal investigations are risky. There are so many things that can go wrong when conducting an internal investigation. I am biased and believe that former federal...more

When A Whistleblower Investigation Turns Criminal

The new SEC bounty-hunter regime, the explosion in whistleblower claims, and the increasing severity and complexity of those claims raises the specter of government investigations and criminal sanctions....more

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