Thought Leadership

Bureaucratic Impediments And Mercy Deficit At DOJ

President Obama commuted the sentences of more than 1,700 federal prisoners, far more than other recent administrations, but President Trump […]

Summary Disposition in Arbitration

When we ask in-house counsel to explain why their companies don’t use arbitration clauses, the answer frequently includes the assertion […]

Mandatory Arbitration Isn’t Always Mandatory in Canada

Consumer protection laws vary from province to province in Canada. They limit and, in some cases, void mandatory arbitration clauses […]

Hidden Legal Risk of Open Source Software

As much as half the code used in all software is comprised of open source software (OSS). Open source components […]

Recent Developments in Class Action Law

The two most important unresolved issues in class actions are the standard by which plaintiffs must show an ascertainable class […]

A Different Kind of Takeover

Typically, clients are looking for the quickest and least expensive resolution of a case, and that frequently means an early […]

A Way for General Counsel to Drive Shareholder Value

Progressive general counsel have adopted the view that their goal is the same as that of the CEO or CMO: […]

Transfer Pricing Is Big Tax Risk for Multinationals

Transfer pricing is a complex area of tax risk affecting multinational groups. It is a major focus for local tax […]

Message-Managing in a Crisis: Lessons from a PR Disaster

Corporations and other large organizations are smart to establish their own virtual “Situation Room” response teams, who swing into action […]

Conducting Privileged Internal Investigations

In-house attorneys receiving a whistleblower complaint, government inquiry or other alert must decide whether and how to conduct an internal […]

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