Today's General Counsel

Using “GARP” to Minimize Risk

Generally Accepted Record-Keeping Principles (GARP ) constitute a broad framework that organizations of any size or industry can use to […]

Competent Representation Must Include E-Discovery Competence

The American Bar Association’s Model Rules of Professional Conduct say that a lawyer shall provide competent representation to a client. […]

Courts are Testing and Accepting Technology-Assisted Review

Technology-Assisted Review (TAR) promises to reduce the time and money it takes to produce responsive materials, using a blend of […]

A Systematic Approach to Custodian Interviews

Electronically stored information is ephemeral by nature, so the duty to preserve makes the identification of potentially relevant ESI a […]

October/November 2012

The Knowledge Economy

FCPA Needs Fine Tuning, Says Former AG

Use of the Foreign Corrupt Practices Act to level the playing field among domestic companies doing business abroad has led […]

Summary Jury Trials as an Alternative to Litigation

Trials have become so expensive that few clients choose to go through them. A modified version of so-called “summary jury […]

Resolving Criminal Investigations Prior to Indictment

The authors present a hypothetical in which a corporation has been served with a federal grand jury subpoena seeking documents […]

Ensuring a Cost-Efficient Arbitration

The cost of arbitration is one advantage it has over litigation, but with the encroachment of the U.S. litigation process […]

Good Reasons to Weigh in for the Lame Duck Session

The next several months represent an opportunity for advocates to disseminate their message on Capitol Hill, in advance of what […]

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