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# Today's General Counsel

Serving In-House Counsel and Corporate Executives

## Sitemaps

- [XML Sitemap](https://todaysgeneralcounsel.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [A Lesson In Due Diligence](https://todaysgeneralcounsel.com/a-lesson-in-due-diligence/) - Short-seller Hindenburg Research makes a lot of money by uncovering over-valuations at publicly traded companies, and potentially fraudulent activity. Harry Cassin, writing on FCPA Blog, says corporations and their legal teams can learn from its methods. It has mastered due diligence basics, starting with forensic accounting. Hindenburg looks behind what auditors say and probes what
- [Supreme Court Strikes Down Reasonableness Test For Scienter](https://todaysgeneralcounsel.com/supreme-court-strikes-down-reasonableness-test-for-scienter/) - The knowledge that a claim a contractor makes is false is the linchpin of a False Claim Acts Case. The question is how to know (scienter) whether the contractor knows that He, She or It is lying when there may be several reasonable legal interpretations about what is permissible. In United States ex rel. Schutte
- [Some Ransomware Gangs No Longer Using Malware: What’s Next?](https://todaysgeneralcounsel.com/some-ransomware-gangs-no-longer-using-malware-whats-next/) - How to improve data security when ransomware gangs are using new attack methods.
- [In the Cloud? You May Need a Cloud Cybersecurity Framework](https://todaysgeneralcounsel.com/in-the-cloud-you-may-need-a-cloud-cybersecurity-framework/) - The cloud is the future of corporate architecture. It’s economical, it’s scalable, it’s flexible and it’s not your responsibility. That is, to a point, because the cloud comes with its own set of security and governance challenges — uncontrollable usage, giving up control of your data and infrastructure, and lack of clarity on who’s responsible
- [General Counsels’ Role In Digital Transformation](https://todaysgeneralcounsel.com/general-counsels-role-in-digital-transformation/) - Two things General Counsels' can do to plan for and avoid AI-based vulnerabilities in the face of Digital Transformation.
- [Confidentiality Of Mediation and Settlement Conferences](https://todaysgeneralcounsel.com/confidentiality-of-mediation-and-settlement-conferences/) - The benefits and consequences of the confidentiality of settlement discussions is being debated.
- [Technology Helps Legal Ops Fix Legal Department Mistakes](https://todaysgeneralcounsel.com/technology-helps-legal-ops-fix-legal-department-mistakes/) - Legal department mistakes harm the company's efficiency - here's how to avoid them.
- [Long COVID and Workers’ Comp](https://todaysgeneralcounsel.com/long-covid-and-workers-comp/) - Long COVID is still being considered for workers' comp eligibility as well as the requirements for coverage.
- [Secondary Liability Under the Antiterrorism Act](https://todaysgeneralcounsel.com/secondary-liability-under-the-antiterrorism-act/) - Antiterrorism Act is effecting companies that use cryptocurrency as they may be indirectly supporting terrorism.
- [The U.S. Is Far Behind as the E.U. Passes Act to Regulate AI](https://todaysgeneralcounsel.com/the-u-s-is-far-behind-as-the-e-u-passes-act-to-regulate-ai/) - The EU is taking steps to regulate AI and the US should be taking notes.
- [Legal Ops and the Well-Functioning Procurement Process](https://todaysgeneralcounsel.com/legal-ops-and-the-well-functioning-procurement-process/) - Legal operations teams should pay increasing attention to the company's procurement process to ensure efficiency and success.
- [Goodbye SEC Enforcement](https://todaysgeneralcounsel.com/goodbye-sec-enforcement/) - SEC courts expanded but a current case, Jarkesy v SEC, will decide whether this is constitutional.
- [Remote Employees and Patent Venue](https://todaysgeneralcounsel.com/remote-employees-and-patent-venue-2/) - The latest issue in the patent venue wars has reached the Federal Circuit Court of Appeals. The issue in In re Monolithic Power Systems is whether employees working from home might establish a venue for purposes of patent infringement litigation. An accused infringer moved to transfer a patent case from the West Texas courtroom of
- [Smart Contracts Useful In Specific Industries](https://todaysgeneralcounsel.com/smart-contracts-useful-in-specific-industries/) - The Harris Bricken firm lists the industries in which self-executing contracts have proven most useful and says that every company should be asking how it can incorporate the technology into its business model. Smart contracts are coded to execute if certain conditions the parties agree on before sending them to the blockchain are met. They
- [You Mean I Can’t Lie?](https://todaysgeneralcounsel.com/you-mean-i-cant-lie/) - Disinformation is the life’s blood of social media. It sells ads. But the ads themselves are subject to standards of truth, which are codified in unfair competition law, and state and federal laws and regulations. When it comes to bad-mouthing a competitor, the lines are pretty clear. Calling your competition Brand X isn’t necessary, you
- [EEOC’s Latest Guidance on AI in Employment and the Four-Fifths Rule](https://todaysgeneralcounsel.com/eeocs-latest-guidance-on-ai-in-employment-and-the-four-fifths-rule/) - Awareness of AI’s implications for employment processes has only recently reached the mainstream. While a number of employers have been using AI in the hiring process for some time, the number using AI in the workplace has been growing, and some employers are now using AI to make promotion decisions. Last week, the EEOC issued
- [Workers Back at the Office or Not? Try a Hybrid Work Schedule](https://todaysgeneralcounsel.com/workers-back-at-the-office-or-not-try-a-hybrid-work-schedule/) - Because of the pandemic and advances in technology, hybrid and remote work have been options for many workers. No one, however, could have predicted the scale of hybrid working. Now that companies want their employees back in person, the opportunities and challenges of simultaneously working onsite and remotely need to be balanced by a hybrid
- [How Legal Operations Can Help Your Legal Department Be Successful](https://todaysgeneralcounsel.com/how-legal-operations-can-help-your-legal-department-be-successful/) - In-house legal departments must be efficient and effective. They need to balance their workload, comply with regulatory requirements and provide legal counsel to their organization, all while streamlining their work and reining in costs. Legal operations is an integral part in ensuring the department runs smoothly. Legal operations professionals can prioritize strategic planning, technology and
- [From CLOC CGI 2023: Turning Business Disruptions into Stepping Stones](https://todaysgeneralcounsel.com/from-cloc-cgi-2023-turning-business-disruptions-into-stepping-stones/) - Tom Stephenson, Director of Legal Operations at Credit Karma, says that in attending CLOC CGI 2023 sessions this May, he found himself deeply engrossed in one session focused on the increase in the disruption workload that legal departments face and the impact on operational efficiency and team morale. He noted that the past year has
- [How General Counsel Should Mitigate Wiretapping and CIPA Litigation Risks](https://todaysgeneralcounsel.com/how-general-counsel-should-mitigate-wiretapping-and-cipa-litigation-risks/) - Learn how to protect your organization from California Invasion of Privacy Act (CIPA) claims, wiretapping lawsuits and other litigation.
- [Rising Job Mobility Demands a Fresh Approach to Legal Talent Retention](https://todaysgeneralcounsel.com/rising-job-mobility-demands-a-fresh-approach-to-legal-talent-retention/) - Read how to support legal talent retention to preserve institutional knowledge, manage risk, and support business growth.
- [How AI Vendors Are Reshaping Third-Party Risk Management](https://todaysgeneralcounsel.com/how-ai-vendors-are-reshaping-third-party-risk-management/) - Learn how overlapping regulatory requirements are altering the best way to assess AI vendors.
- [Beyond Templates: Designing Standardized Contracts That Can Scale](https://todaysgeneralcounsel.com/beyond-templates-designing-standardized-contracts-that-can-scale/) - Explore how governance, playbooks, and technology create standardized contracts that can scale.
- [Improving the Outside Counsel Management Framework and Maturity Model](https://todaysgeneralcounsel.com/improving-the-outside-counsel-management-framework-and-maturity-model/) - Discover how an outside counsel management framework and maturity model can provide a structured approach to improving vendor decisions and legal ops outcomes.
- [EEOC Advances Employer-Friendly Regulatory Agenda Under New Majority](https://todaysgeneralcounsel.com/eeoc-advances-employer-friendly-regulatory-agenda-under-new-majority/) - Read why the Equal Employment Opportunity Commission’s (EEOC) employer-friendly rulemaking push signals a major shift in federal discrimination enforcement priorities.
- [Finding the Right AI Workflows for Contract Management—Webinar](https://todaysgeneralcounsel.com/finding-the-right-ai-workflows-for-contract-management-webinar/) - Learn how to effectively integrate AI into contract management workflows to achieve reliable, high-value outcomes from this webinar from LawVu.
- [International Courts Confront Litigation and Privilege Risks of Generative AI](https://todaysgeneralcounsel.com/international-courts-confront-litigation-and-privilege-risks-of-generative-ai/) - Discover how international courts in Australia, the UK and the US are addressing generative AI use in litigation, including privilege risks.
- [Delaware Supreme Court Limits Activist Stockholders’ Challenges to Advance Notice Bylaws](https://todaysgeneralcounsel.com/delaware-supreme-court-limits-activist-stockholders-challenges-to-advance-notice-bylaws/) - Read how the Delaware Supreme Court narrowed the path for activist stockholders to challenge advance notice bylaws before a real nomination dispute exists.
- [Surviving Patent Reexamination: Practical Strategies for In-House Counsel](https://todaysgeneralcounsel.com/surviving-patent-reexamination-practical-strategies-for-in-house-counsel/) - Learn strategic steps, common pitfalls, and practical considerations to navigate the patent reexamination process effectively.
- [When Speed Becomes the Enemy of Good Contract Review](https://todaysgeneralcounsel.com/when-speed-becomes-the-enemy-of-good-contract-review/) - Learn how legal teams can improve contract review through smarter systems, shared knowledge, and AI-assisted tools that reinforce consistency.
- [How to Prevent Outside Counsel from Building Precedent Against Your Industry](https://todaysgeneralcounsel.com/how-to-prevent-outside-counsel-from-building-precedent-against-your-industry/) - The ongoing M&A boom is creating a quiet crisis for GCs. Read about the consolidation’s impact on conflicting industry interests and precedent.
- [Focusing AI Workflows on the People, Not the Technology](https://todaysgeneralcounsel.com/focusing-ai-workflows-on-the-people-not-the-technology/) - AI workflows are about the people, not the technology. Learn how training, change management, and ongoing communication ensure a successful AI implementation.
- [Israeli Court Limits Reach of Class Action Suits to Domestic Consumers](https://todaysgeneralcounsel.com/israeli-court-limits-reach-of-class-action-suits-to-domestic-consumers/) - Learn about an Israeli court decision and what it means for class action suits involving foreign consumers lacking meaningful ties to Israel’s domestic legal system.
- [Why Data Subject Access Requests (DSARs) Present Ongoing Operational Challenges](https://todaysgeneralcounsel.com/why-data-subject-access-requests-dsars-present-ongoing-operational-challenges/) - Data subject access requests (DSARs) present ongoing operational challenges as they reshape compliance across the UK and EU. Learn why AI-driven, scalable workflows are becoming essential.
- [How to Safeguard Human Judgment in Legal AI Adoption](https://todaysgeneralcounsel.com/how-to-safeguard-human-judgment-in-legal-ai-adoption/) - Learn why it is important to keep human legal judgment at the center of any AI adoption strategy.
- [How Legal Engineering Complements Legal Ops](https://todaysgeneralcounsel.com/how-legal-engineering-complements-legal-ops/) - Understand how legal engineering complements legal ops by building automated workflows, integrating technology, and helping legal teams deploy AI responsibly.
- [Modern Legal Operations Needs to Embrace Matter Management](https://todaysgeneralcounsel.com/modern-legal-operations-needs-to-embrace-matter-management/) - Discover how matter management enables legal departments to deliver measurable business value.
- [Tracking the Surge in Administrative Procedure Act Litigation](https://todaysgeneralcounsel.com/tracking-the-surge-in-administrative-procedure-act-litigation/) - Read about the Administrative Procedure Act (APA) and learn why APA litigation is climbing to record levels and reshaping how agencies and companies manage regulatory risk.
- [Don't Let a Green Cyber Dashboard Give Your Board a False Sense of Security](https://todaysgeneralcounsel.com/dont-let-a-green-cyber-dashboard-give-your-board-a-false-sense-of-security/) - Learn how to look past your cyber dashboard to mitigate real risk for the organization.
- [AI Analytics Are Reshaping IP Monetization for Corporate Legal Teams](https://todaysgeneralcounsel.com/ai-analytics-are-reshaping-ip-monetization-for-corporate-legal-teams/) - Learn how AI analytics and IP monetization are converging to help companies unlock hidden value in their patent portfolios today.
- [What General Counsel Must Monitor When Startup Founders Use SAFEs](https://todaysgeneralcounsel.com/what-general-counsel-must-monitor-when-startup-founders-use-safes/) - Discover how raising capital with a Simple Agreement for Future Equity (SAFE) can expose startup founders to frequently overlooked securities compliance traps.
- [Banks Sue to Block Oregon’s 36% Interest Rate Cap on Consumer Loans](https://todaysgeneralcounsel.com/banks-sue-to-block-oregons-36-interest-rate-cap-on-consumer-loans/) - Read why banks are challenging Oregon’s 36% interest rate cap and what the outcome could mean for interstate consumer lending nationwide.
- [NLRB Rules on Union Recognition May Shift Employer Obligations](https://todaysgeneralcounsel.com/nlrb-rules-on-union-recognition-may-shift-employer-obligations/) - Learn how union recognition standards and employer obligations may soon shift as the National Labor Relations Board (NLRB) composition changes loom.
- [Reshaping Merger and Acquisition Integration With Contract Intelligence](https://todaysgeneralcounsel.com/reshaping-merger-and-acquisition-integration-with-contract-intelligence/) - Discover how contract intelligence is reshaping merger and acquisition integration and reducing friction.
- [UK Regulator FCA Introduces New Incident Reporting Framework](https://todaysgeneralcounsel.com/uk-regulator-fca-introduces-new-incident-reporting-framework/) - Learn about the Financial Conduct Authority’s (FCA) new incident reporting framework that takes effect March 2027.
- [Defending Legal Technology Budget Proposals in 10 Minutes](https://todaysgeneralcounsel.com/defending-legal-technology-budget-proposals-in-10-minutes/) - Discover why a 10 minute business case briefing on your legal technology budget proposal helps CLOs confidently defend legal technology investments to executive leadership.
- [Criminal Groups Targeting AI Data Center Supply Chain Shipments](https://todaysgeneralcounsel.com/criminal-groups-targeting-ai-data-center-supply-chain-shipments/) - Discover how organized criminal groups are stealing valuable components from supply chain shipments amid the AI data center building boom.
- [Congressional Oversight Is Moving Faster Than GCs Can React](https://todaysgeneralcounsel.com/congressional-oversight-is-moving-faster-than-gcs-can-react/) - Most GCs are built for regulatory and litigation risk. Congressional oversight is a different animal entirely. Learn how to be prepared when the inquiry arrives.
- [Why Financial Institutions Must Tighten Third-Party Data Control Now](https://todaysgeneralcounsel.com/why-financial-institutions-must-tighten-third-party-data-control-now/) - Learn why financial institutions must strengthen third-party data oversight as regulatory obligations and vendor risks continue to expand.
- [PTO Wars: Choosing Between Unlimited, Minimum, and “Use-It-or-Lose-It” Policies](https://todaysgeneralcounsel.com/pto-wars-choosing-between-unlimited-minimum-and-use-it-or-lose-it-policies/) - Learn how to develop an effective PTO policy and learn the key differences between unlimited, minimum, and “use-it-or-lose-it” options.
- [Supreme Court Expands Presidential Authority Over FTC, Other Agencies](https://todaysgeneralcounsel.com/supreme-court-expands-presidential-authority-over-ftc-other-agencies/) - Read how the Supreme Court decided to expand presidential authority to fire independent agency commissioners, like the one leading the Federal Trade Commission (FTC), without constraint.
- [Don’t Overcomplicate Your AI Governance, Here’s a Better Approach](https://todaysgeneralcounsel.com/dont-overcomplicate-your-ai-governance-heres-a-better-approach/) - Learn about the potential pitfalls of designing an AI governance program and how to devise the right strategy for different use cases.
- [Rising Demand for Midlevel Contract Attorneys as Companies' Needs Evolve](https://todaysgeneralcounsel.com/rising-demand-for-midlevel-contract-attorneys-as-companies-needs-evolve/) - Read why midlevel contract attorneys are becoming increasingly valuable to legal departments requiring more resources.
- [When Oversight Becomes Control: How GCs Can Protect Board Sovereignty in Forbearance Negotiations](https://todaysgeneralcounsel.com/when-oversight-becomes-control-how-gcs-can-protect-board-sovereignty-in-forbearance-negotiations/) - Learn what you need to know about forbearance agreements and the provisions that protect board sovereignty.
- [The Benefits of Using Litigation Data To Select Outside Counsel](https://todaysgeneralcounsel.com/the-benefits-of-using-litigation-data-to-select-outside-counsel/) - Outside counsel selection requires more than reputation. Using litigation data to select outside counsel helps assess relevant experience and results.
- [Why Decision Intelligence Starts with Contract Data](https://todaysgeneralcounsel.com/why-decision-intelligence-starts-with-contract-data/) - Decision intelligence is only as strong as the data behind it. Discover why contract data is essential for improving forecasts, risk management, and strategy.
- [DOJ Memo Questions Constitutionality of Disparate-Impact Discrimination Theory](https://todaysgeneralcounsel.com/doj-memo-questions-constitutionality-of-disparate-impact-discrimination-theory/) - Learn what a new DOJ memorandum on disparate-impact discrimination means for employers and how it could reshape Title VII enforcement going forward.
- [The GC’s Loneliness Isn’t a Personal Problem. It’s an Operational One](https://todaysgeneralcounsel.com/the-gcs-loneliness-isnt-a-personal-problem-its-an-operational-one/) - The loneliness of the GC chair isn’t just emotional. It's structural. Learn how to fix that structural piece.
- [Master Legal Leadership with This Diagnostic Guide](https://todaysgeneralcounsel.com/master-legal-leadership-with-this-diagnostic-guide/) - Read this diagnostic guide for legal leadership that focuses on how to assess demand, delays, and technology adoption in the first 90 days.
- [How to Measure the Right Things and Prove Legal Tech ROI](https://todaysgeneralcounsel.com/how-to-measure-the-right-things-and-prove-legal-tech-roi/) - A lot of teams measure legal tech return on investment (ROI) the wrong way. Learn how to avoid the pitfalls and prove value to the organization.
- [Shattering the Silo: How In-House Legal Can Drive Strategic Advantage ](https://todaysgeneralcounsel.com/shattering-the-silo-how-in-house-legal-can-drive-strategic-advantage/) - Learn how in-house legal can become a source of enterprise insight and drive strategy for the organization.
- [Embracing AI Literacy with Curiosity, Critical Thinking, and Communication](https://todaysgeneralcounsel.com/embracing-ai-literacy-with-curiosity-critical-thinking-and-communication/) - Legal professionals do not need to become AI experts. AI literacy has replaced AI expertise, focusing on curiosity, communication, judgment, and governance.
- [Improve Contract Intelligence with Optical Character Recognition (OCR) Accuracy](https://todaysgeneralcounsel.com/improve-contract-intelligence-with-optical-character-recognition-ocr-accuracy/) - AI can only analyze what it can read. Discover why optical character recognition (OCR) accuracy is the foundation of reliable contract intelligence and data extraction.
- [Navigating Neurodiversity: How to Address Psychological Safety in the Workplace](https://todaysgeneralcounsel.com/navigating-neurodiversity-how-to-address-psychological-safety-in-the-workplace/) - Learn how to embrace neurodiversity to foster inclusion, innovation, and productivity in the workplace.
- [Reduce Outside Counsel Spend with These Strategies](https://todaysgeneralcounsel.com/reduce-outside-counsel-spend-with-these-strategies/) - Discover proven strategies to reduce outside counsel spend, improve efficiency, and strengthen cost controls without compromising quality.
- [Revive Corporate Board Gender Diversity by Strengthening Leadership Pipelines](https://todaysgeneralcounsel.com/revive-corporate-board-gender-diversity-by-strengthening-leadership-pipelines/) - Understand why experts suggest narrowing corporate board gender diversity gaps by strengthening leadership pipelines.
- [Class Action Tariff Refund Litigation Targets Consumer Brands](https://todaysgeneralcounsel.com/class-action-tariff-refund-litigation-targets-consumer-brands/) - Discover what the litigation surge over tariff refund claims means for consumer brands and retailers facing expanding class-action exposure nationwide.
- [Reshaping ELM Into a System of Record](https://todaysgeneralcounsel.com/reshaping-elm-into-a-system-of-record/) - As AI reshapes legal operations, Enterprise Legal Management (ELM) platforms must deliver more than insights. See how ELM has evolved into a system of record.
- [Reshaping Legal Risk and Governance Obligations for Businesses Adopting AI](https://todaysgeneralcounsel.com/reshaping-legal-risk-and-governance-obligations-for-businesses-adopting-ai/) - Learn what the legal risk posed by AI means for your business and how proactive governance can reduce exposure across privacy, contracts, and compliance.
- [What the June 2 AI Executive Order Requires, and How JetStream Helps Federal Agencies Deliver It](https://todaysgeneralcounsel.com/what-the-june-2-ai-executive-order-requires-and-how-jetstream-helps-federal-agencies-deliver-it/) - SPONSORED BY JETSTREAM SECURITY: Federal mandates require agencies to secure advanced AI and monitor models. JetStream delivers the capability to do it.
- [The C-Suite is Not Recognizing the Legal Department’s Contributions to Goals](https://todaysgeneralcounsel.com/the-c-suite-is-not-recognizing-legal-departments-contributions-to-goals/) - Dive into new Thomson Reuters research that exposes a striking disconnect between how GCs and C-suite leaders assess the legal department’s contributions to the organization.
- [AI Exclusions Creating Gaps for Policyholders, Fragmenting Insurance Market](https://todaysgeneralcounsel.com/ai-exclusions-creating-gaps-for-policyholders-fragmenting-insurance-market/) - Discover why AI exclusions are leaving insurance policyholders exposed across multiple coverage lines, and how proactive program design can close the gap.
- [Remote Worker Fraud Schemes Posing New Insider Risks for Organizations](https://todaysgeneralcounsel.com/remote-worker-fraud-schemes-posing-new-insider-risks-for-organizations/) - Learn about insider threats and remote worker fraud schemes that trigger regulatory exposure.
- [The Future of In-House Legal: Shifting From Activity to Outcomes—Webinar](https://todaysgeneralcounsel.com/the-future-of-in-house-legal-shifting-from-activity-to-outcomes-webinar/) - Read what a LawVu webinar panel of prominent legal leaders had to say about the operational and cultural shifts reshaping the industry.
- [Stay Ahead of the Changes to the Annotated ESI Protocol](https://todaysgeneralcounsel.com/stay-ahead-of-the-changes-to-the-annotated-esi-protocol/) - Read about the major update to the Annotated ESI Protocol, which addresses emerging evidence types, expanded metadata requirements, and collaboration tools.
- [FinCEN, Banking Agencies, Targeting Unauthorized Employment](https://todaysgeneralcounsel.com/fincen-banking-agencies-targeting-unauthorized-employment/) - Learn why FinCEN and Banking Agencies issued a joint advisory linking unauthorized employment to money laundering and what it means for compliance programs.
- [July/August 2026](https://todaysgeneralcounsel.com/july-august-2026/) - Learn more about the troubling pattern emerging where automation overrides human judgment.
- [How to Crack the Legal Job Interview in the Age of AI](https://todaysgeneralcounsel.com/how-to-crack-the-legal-job-interview-in-the-age-of-ai/) - Learn how the scope of the legal job interview is evolving and what job seekers and hiring managers need to do to stay competitive in a high-tech environment.
- [From Value Protection to Value Creation: The New Mandate for In-House Legal](https://todaysgeneralcounsel.com/from-value-protection-to-value-creation-the-new-mandate-for-in-house-legal/) - SPONSORED BY LAWVU: Learn about the importance of value creation for the in-house legal profession through perspectives from several legal leaders.
- [The Model is Not the Answer: Choose Legal AI Based on What Your Team Needs](https://todaysgeneralcounsel.com/the-model-is-not-the-answer-choose-legal-ai-based-on-what-your-team-needs/) - Many in-house teams choose a legal AI model based on hype rather than need. Learn how to determine what is best for your team.
- [How Digital Forensics Built a Defensible Timeline for Sonoma County’s Largest Wildfire](https://todaysgeneralcounsel.com/how-digital-forensics-built-a-defensible-timeline-for-sonoma-countys-largest-wildfire/) - SPONSORED BY iDS: Learn how a digital forensics team investigated Sonoma County’s largest wildfire and preserved data under challenging circumstances.
- [Managing IP Considerations in M&A: A Practical Guide for General Counsel](https://todaysgeneralcounsel.com/managing-ip-considerations-in-ma-a-practical-guide-for-general-counsel/) - Read this step-by-step guide to effectively navigate IP considerations in M&A transactions.
- [An Underused Arrow in the GC’s Quiver: Cease-and-Desist Letters to Former Employees](https://todaysgeneralcounsel.com/an-underused-arrow-in-the-gcs-quiver-cease-and-desist-letters-to-former-employees/) - Learn why a cease-and-desist (C&D) letter is a powerful tool in your legal arsenal when dealing with former employees and preventing litigation.
- [How to Set Standards So AI Tools Don’t Replace Human Legal Judgment](https://todaysgeneralcounsel.com/how-to-set-standards-so-ai-tools-dont-replace-human-legal-judgment/) - Learn how general counsel should set clear expectations for how legal teams should and should not be using AI tools.
- [NY Financial Regulator Issues New Cyber Threat Guidance on AI Risks](https://todaysgeneralcounsel.com/ny-financial-regulator-issues-new-cyber-threat-guidance-on-ai-risks/) - Read what the New York State Department of Financial Services is signaling about AI risks and what regulated firms must do now.
- [Breaking Up is Hard to Do: How to Minimize Risk in Employee Termination](https://todaysgeneralcounsel.com/breaking-up-is-hard-to-do-how-to-minimize-risk-in-employee-termination/) - Learn how to pursue a risk-averse employee termination and avoid the usual pitfalls.
- [What to Do When Employees Don’t Get Along: Takeaways from the Shaq/Kobe Feud](https://todaysgeneralcounsel.com/what-to-do-when-employees-dont-get-along-takeaways-from-the-shaq-kobe-feud/) - Consider the infamous NBA clash in workplace disputes when employees don’t get along.
- [Stop Wasting Expertise: How Tech Can Preserve Your Team’s Daily Legal Judgment](https://todaysgeneralcounsel.com/stop-wasting-expertise-how-tech-can-preserve-your-teams-daily-legal-judgment/) - Learn how technology can help you track and record legal judgment calls to save time and generate value for the team.
- [Feds Targeting Bid Procurement Fraud Among Government Contractors](https://todaysgeneralcounsel.com/feds-targeting-bid-procurement-fraud-among-government-contractors/) - Learn about the latest in bid procurement fraud enforcement and how compliance steps can meaningfully reduce serious criminal exposure.
- [Combat the Risks of Fragmented Contract Intelligence](https://todaysgeneralcounsel.com/combat-the-risks-of-fragmented-contract-intelligence/) - Legal’s challenge is to access business intelligence quickly enough to inform decisions and manage risk. See how contract intelligence can increase efficiency.
- [Redefine Global Legal Department Strategy with These Five Priorities](https://todaysgeneralcounsel.com/redefine-global-legal-department-strategy-with-these-five-priorities/) - Global legal departments face mounting pressure in 2026. Learn about the five priorities shaping risk management, technology, and strategic impact.
- [In-House Teams are Positioned to Gain More AI Productivity Than Law Firms](https://todaysgeneralcounsel.com/in-house-teams-are-positioned-to-gain-more-ai-productivity-than-law-firms/) - With AI adoption accelerating across legal, in-house teams will gain most from AI as they are positioned to capture the greatest productivity.
- [Using Article 9 Foreclosure as an Alternative to Chapter 11](https://todaysgeneralcounsel.com/using-article-9-foreclosure-as-an-alternative-to-chapter-11/) - Learn about Article 9 foreclosure as an alternative to both bankruptcy and liability management exercises.
- [Balancing Analytical and Creative Thinking in Legal AI](https://todaysgeneralcounsel.com/balancing-analytical-and-creative-thinking-in-legal-ai/) - The future of legal work depends on more than technology. As AI automates routine legal tasks, balancing analytical and creative thinking becomes essential.
- [Using AI: From Contract Review to Workflow Automation](https://todaysgeneralcounsel.com/using-ai-from-contract-review-to-workflow-automation/) - From contract review to workflow automation, see how legal ops teams are using AI thoughtfully — and why governance matters as much as technology.
- [New UK Legislation Expands Corporate Criminal Liability](https://todaysgeneralcounsel.com/new-uk-legislation-expands-corporate-criminal-liability/) - Read about corporate criminal liability under the UK Crime and Policing Act 2026 and what companies need to do before it takes effect June 29.
- [From Terabytes to Timelines: How GCs Can Gain Control of Cross-Border Data](https://todaysgeneralcounsel.com/from-terabytes-to-timelines-how-gcs-can-gain-control-of-cross-border-data/) - SPONSORED BY IDISCOVERY SOLUTIONS: Learn about a datacenter-style solution that ensures compliance with regional laws and standards.
- [Beyond CLM: Right-Sizing Technology to Address the Biggest Pain in Legal](https://todaysgeneralcounsel.com/beyond-clm-right-sizing-technology-to-address-the-biggest-pain-in-legal/) - SPONSORED BY LEGALON TECHNOLOGIES: AI contract review software addresses the most time-consuming part of contracting, helping legal teams review agreements faster, more accurately, and with fewer roadblocks.
- [New State-Based Data Privacy Legislation Reshapes Compliance Obligations](https://todaysgeneralcounsel.com/new-state-based-data-privacy-legislation-reshapes-compliance-obligations/) - Read about privacy legislation enacted in Oklahoma and Alabama, and what multi-state compliance obligations mean for businesses and their legal advisors.
- [Understanding the Four AI Skills Every Legal Professional Needs](https://todaysgeneralcounsel.com/understanding-the-four-ai-skills-every-legal-professional-needs/) - Learn about the four essential AI skills every legal professional needs as AI reshapes the landscape of legal work.
- [Connecting AI Workspaces to Your Governed System of Record](https://todaysgeneralcounsel.com/connecting-ai-workspaces-to-your-governed-system-of-record/) - Does your AI access data directly from the internet? You need to connect AI workspaces directly to your governed system of record through the Model Context Protocol (MCP).
- [Five Lessons From HBO’s “Hacks” That Unlock the Unwritten Rules of Legal Ops](https://todaysgeneralcounsel.com/five-lessons-from-hbos-hacks-that-unlock-the-unwritten-rules-of-legal-ops/) - Even ardent viewers of the comedy might not realize it provides the perfect parallel to how legal operatives do their jobs and relate to others in their organizations.
- [Embracing Change Management as a Human Transition](https://todaysgeneralcounsel.com/embracing-change-management-as-a-human-transition/) - Technology adoption remains the biggest challenge for legal professionals. Learn why change management is not a technical checklist but a human transition.
- [Scarcity Meets Opportunity as Legal Departments Hunt for AI Governance Talent](https://todaysgeneralcounsel.com/scarcity-meets-opportunity-as-legal-departments-hunt-for-ai-governance-talent/) - Learn about organizations’ struggle to source talent who can execute AI governance responsibly and enable the business to move at speed.
- [The Habit You Can’t Afford: Calling Outside Counsel for Routine Contracts](https://todaysgeneralcounsel.com/the-habit-you-cant-afford-calling-outside-counsel-for-routine-contracts/) - When contracts fall outside your established framework, the default is to escalate to outside counsel. Discover a cheaper and better option.
- [How to Navigate AI-Related Patent Applications After Ex Parte Desjardins](https://todaysgeneralcounsel.com/how-to-navigate-ai-related-patent-applications-after-ex-parte-desjardins/) - Dive into the US Patent and Trademark Office’s Ex Parte Desjardins decision and what it means for AI-related patents.
- [The Legal Industry’s AI Paradox: More Efficiency, More Work](https://todaysgeneralcounsel.com/the-legal-industrys-ai-paradox-more-efficiency-more-work/) - Most legal professionals work the same hours, or longer, despite AI-driven productivity gains. The legal industry’s AI paradox is more efficiency, more work.
- [Detailed Omnibus Directive Clarifies EU Sustainability Compliance Landscape](https://todaysgeneralcounsel.com/detailed-omnibus-directive-clarifies-eu-sustainability-compliance-landscape/) - The EU’s Detailed Omnibus Directive simplifies sustainability compliance and redefines next steps for multinational companies. Delve into key areas of change.
- [How to Apply the Right Legal AI Technology to the Right Task](https://todaysgeneralcounsel.com/how-to-apply-the-right-legal-ai-technology-to-the-right-task/) - Understand how the future of legal operations may depend less on using more AI and more on applying the right legal AI technology to the right tasks.
- [Understanding Digital Spoliation, Rule 37(e)](https://todaysgeneralcounsel.com/understanding-digital-spoliation-and-rule-37e/) - Understanding digital spoliation and Rule 37(e) ensures that legal ops implements the strategies required to safeguard digital evidence for litigation.
- [Tasks to Teammates: How to Delegate Legal Work to AI Agents](https://todaysgeneralcounsel.com/tasks-to-teammates-how-to-delegate-legal-work-to-ai-agents/) - LegalOn’s Bärí A. Williams explores best practices on how to delegate legal work to AI agents and boost efficiency.
- [Why Your AI Strategy Will Fail Without a Strong Legal Data Foundation](https://todaysgeneralcounsel.com/why-your-ai-strategy-will-fail-without-a-strong-legal-data-foundation/) - If your organization wants a sound AI strategy, your legal data foundation can’t be fragmented, inconsistent, or unreliable.
- [Improv Skills for Legal Teams Are Key to Managing Change](https://todaysgeneralcounsel.com/improv-skills-for-legal-teams-are-key-to-managing-change/) - Improv skills for legal teams are key to managing change. Listening, adaptability, and real-time judgment increase in importance as legal work evolves.
- [Matter Management Provides a Single Source of Truth](https://todaysgeneralcounsel.com/matter-management-provides-a-single-source-of-truth/) - Matter management provides a single source of truth by centralizing matters, workflows, and legal spend while improving visibility and data-driven insight.
- [Threat Actors Leveraging LLM Abuse To Automate Exploitation](https://todaysgeneralcounsel.com/threat-actors-leveraging-llm-abuse-to-automate-exploitation/) - Read why threat actor security risks are accelerating as large language models (LLM) are increasingly manipulated to automate exploitation of vulnerabilities at scale.
- [Compliance Implications of Accelerated Geothermal Lease Sales](https://todaysgeneralcounsel.com/compliance-implications-of-accelerated-geothermal-lease-sales/) - New Bureau of Land Management (BLM) guidance reshapes geothermal lease sales, mandating annual offerings and narrowing public input, with significant compliance and oversight implications.
- [Cybersecurity Enforcement Escalates With Criminal Charges Against Federal Contractor Executive](https://todaysgeneralcounsel.com/cybersecurity-enforcement-escalates-with-criminal-charges-against-federal-contractor-executive/) - Read how the DOJ’s latest indictment highlights intensified cybersecurity enforcement, signaling rising criminal risk for federal contractors over security misrepresentations.
- [Understanding the CCPA Risk Assessment Requirements Taking Effect in 2026](https://todaysgeneralcounsel.com/understanding-the-ccpa-risk-assessment-requirements-taking-effect-in-2026/) - Explore new CCPA risk assessment rules take effect in 2026, requiring businesses to evaluate high-risk data processing and certify compliance to regulators starting in 2028.
- [What the Vizio Ruling Means for Open Source and General Public License Compliance](https://todaysgeneralcounsel.com/what-the-vizio-ruling-means-for-open-source-and-general-public-license-compliance/) - Read how a California court clarified General Public License obligations, narrowing reinstallation duties under GPLv2 and offering compliance guidance for open-source users.
- [Chats, Recordings, and AI Prompts Are Reshaping Records Retention](https://todaysgeneralcounsel.com/chats-recordings-and-ai-prompts-are-reshaping-records-retention/) - Delve into how chats, recordings, and AI prompts are reshaping records retention and forcing legal ops to rethink what counts as a record.
- [Year-End Investing in CLM Will Boost ROI in 2026](https://todaysgeneralcounsel.com/year-end-investing-in-clm-will-boost-roi-in-2026/) - End-of-year budgets don’t have to disappear. Learn how year-end investing in CLM will boost ROI in 2026, unlocking efficiency, compliance, and cost savings.
- [How to Create a Strategic Blueprint for Defensible AI Governance](https://todaysgeneralcounsel.com/how-to-create-a-strategic-blueprint-for-defensible-ai-governance/) - As AI reshapes operations, legal teams need a defensible AI governance framework. Explore this blueprint for building one.
- [Lessons Legal Ops Can Learn From High-Performing Sports Teams](https://todaysgeneralcounsel.com/lessons-legal-ops-can-learn-from-high-performing-sports-teams/) - Treating legal like a team sport unlocks visibility, ownership, and trust. Discover the lessons legal ops can learn from high-performing sports teams.
- [Why Hype Is Outpacing the Reality of Legal AI Adoption](https://todaysgeneralcounsel.com/why-hype-is-outpacing-the-reality-of-legal-ai-adoption/) - At CMU’s Legal AI Summit, legal ops leaders unpacked why hype is outpacing the reality of legal AI adoption and why integration planning must be prioritized.
- [Microsoft Teams Introduces Employee Work Location Tracking Feature](https://todaysgeneralcounsel.com/microsoft-teams-introduces-employee-work-location-tracking-feature/) - Read about Microsoft Teams’ new work location tracking feature, which automatically shares employee locations, thus raising workplace privacy and legal issues.
- [Trade Secret Claims and Ownership Limits in the Tenth Circuit](https://todaysgeneralcounsel.com/trade-secret-claims-and-ownership-limits-in-the-tenth-circuit/) - Discover why trade secret claims from the Tenth Circuit clarify ownership, secrecy duties, and litigation risks when employees control disputed information.
- [Australia’s Social Media Ban for Minors is In Effect](https://todaysgeneralcounsel.com/australias-social-media-ban-for-minors-is-in-effect/) - Dive into Australia’s sweeping social media ban for minors and the legal, commercial, and practical ramifications unfolding around the age restriction.
- [Fake Microsoft Teams Installer Campaign Poses Legal and Security Risks](https://todaysgeneralcounsel.com/fake-microsoft-teams-installer-campaign-poses-legal-and-security-risks/) - Read about a fake Microsoft Teams installer operation using SEO driven deception to distribute ValleyRAT, and create complex corporate exposure points.
- [Anti-Spam Litigation Intensifies Over Retail Email Subject Lines](https://todaysgeneralcounsel.com/anti-spam-litigation-intensifies-over-retail-email-subject-lines/) - Read why anti-spam litigation concerning retail email subject lines is rising after a Washington Supreme Court decision interpreting state law broadly.
- [Amazon EEOC Investigation Dismissed in Disparate Impact Challenge](https://todaysgeneralcounsel.com/amazon-eeoc-investigation-dismissed-in-disparate-impact-challenge/) - Discover what dismissal of an Equal Employment Opportunity Commission (EEOC) investigation into an Amazon firing reveals about standing and deference to agency enforcement policies.
- [Constellation Energy Resolves Antitrust Concerns Ahead of Acquisition](https://todaysgeneralcounsel.com/constellation-energy-resolves-antitrust-concerns-ahead-of-acquisition/) - Discover why the Constellation Energy antitrust settlement clears the path for its Calpine acquisition while preserving competition in key power markets.
- [Federal Subpoena Reveals EEOC’s DEI Enforcement Strategy](https://todaysgeneralcounsel.com/federal-subpoena-reveals-eeocs-dei-enforcement-strategy/) - Learn about the EEOC’s DEI enforcement through a recent subpoena action that signals continued scrutiny of employer diversity programs despite reduced publicity.
- [Browser Extensions Lurked for Years, Exposing Millions to Malware](https://todaysgeneralcounsel.com/browser-extensions-lurked-for-years-exposing-millions-to-malware/) - Discover how browser extensions have infected millions of users with malware that stole data and bypassed security controls in Chrome and Edge.
- [CEO Resigned After Data Breach at Major South Korean Online Retailer](https://todaysgeneralcounsel.com/ceo-resigned-after-data-breach-at-major-south-korean-online-retailer/) - Read about the CEO who resigned following a data breach at a South Korean online retailer that affected 34 million customers, raising concerns about leadership and cybersecurity.
- [Escaping the Fire Drill Mentality to Achieve Proactive Legal Operations Discipline](https://todaysgeneralcounsel.com/escaping-the-fire-drill-mentality-to-achieve-proactive-legal-operations-discipline/) - Discover how proactive legal operations designed to surface issues early, structure work predictably, and enable rapid decision-making can absorb the shock.
- [AI Agents Are an Emerging Insider Risk Companies Can’t Ignore](https://todaysgeneralcounsel.com/ai-agents-are-an-emerging-insider-risk-companies-cant-ignore/) - Discover how AI agents are reshaping enterprise security and creating insider threat concerns. Learn about automation risks and governance gaps concerning delegated authority.
- [Brightspeed Probes Alleged Cyber Incident Involving Customer Data](https://todaysgeneralcounsel.com/brightspeed-probes-alleged-cyber-incident-involving-customer-data/) - Read why Brightspeed, the broadband provider, is investigating claims that hackers accessed customer information from over one million accounts.
- [Coinbase Data Breach Leads to Support Agent’s Arrest in India](https://todaysgeneralcounsel.com/coinbase-data-breach-leads-to-support-agents-arrest-in-india/) - Discover how Coinbase reacted after a former support agent allegedly aided hackers and exposed customer data.
- [How GCs Should Tackle California’s Hazy Climate-Reporting Laws](https://todaysgeneralcounsel.com/how-gcs-should-tackle-californias-hazy-climate-reporting-laws/) - Learn what companies that operate in California need to do to comply with two separate climate-reporting laws.
- [UPC Aligns Functional Antibody Claims with EPO Sufficiency Standards](https://todaysgeneralcounsel.com/upc-aligns-functional-antibody-claims-with-epo-sufficiency-standards/) - Learn why functional antibody claims now meet sufficiency standards at the Unified Patent Court (UPC), aligning with EPO practice and diverging from US enablement rules.
- [Sorry, AI-Driven Machine Learning Is Not an Easy Button for Record Classification](https://todaysgeneralcounsel.com/sorry-ai-driven-machine-learning-is-not-an-easy-button-for-record-classification/) - Learn why machine learning is not a practical strategy for record classification. The universe of records within most organizations is far larger and more varied than these tools can handle.
- [How the Gap in EDiscovery Understanding Is Driving Legal Costs](https://todaysgeneralcounsel.com/how-the-gap-in-ediscovery-understanding-is-driving-legal-costs/) - Only 40% of legal professionals can define eDiscovery. This gap in eDiscovery understanding is inflating costs, increasing risk, and undermining defensibility.
- [How GenAI Is Reshaping Legal Discovery](https://todaysgeneralcounsel.com/how-genai-is-reshaping-legal-discovery/) - Although GenAI is reshaping legal discovery, defensibility, validation, and ethical standards remain central to responsible adoption by legal teams.
- [Digitizing Paper Documents for Your Digital Knowledge Base](https://todaysgeneralcounsel.com/digitizing-paper-documents-for-your-digital-knowledge-base/) - Here’s why document triage, metadata, and governance matter more than just scanning and digitizing paper documents for your digital knowledge base.
- [Federal Authorities Target Compliance Failures at Digital Asset Platform](https://todaysgeneralcounsel.com/federal-authorities-target-compliance-failures-at-digital-asset-platform/) - Discover how a virtual currency exchange faced coordinated actions from federal authorities, revealing enforcement priorities and compliance expectations.
- [Use a Playbook for Your 2026 Legal Tech Budget and Ask Smarter](https://todaysgeneralcounsel.com/use-a-playbook-for-your-2026-legal-tech-budget-and-ask-smarter/) - Using a Playbook for your 2026 legal tech budget isn’t about asking louder. It’s about framing technology as a business enabler and asking smarter.
- [Drafting Effective Mediation Clauses in Construction Contracts](https://todaysgeneralcounsel.com/drafting-effective-mediation-clauses-in-construction-contracts/) - Read why construction contracts require precise mediation clause language to ensure disputes are resolved before litigation proceeds in federal courts.
- [New Year, Higher Stakes for In-House Legal Teams: Elevate Your Crisis Management Playbook](https://todaysgeneralcounsel.com/new-year-higher-stakes-for-in-house-legal-teams-elevate-your-crisis-management-playbook/) - Learn about six resolutions that will help in-house legal teams synchronize their crisis management strategy and respond with clarity and control.
- [Delaware Supreme Court Restricts Musk’s Compensation Remedy](https://todaysgeneralcounsel.com/delaware-supreme-court-restricts-musks-compensation-remedy/) - Discover how Musk’s compensation dispute led the Delaware Supreme Court to reject rescission and award only nominal damages in a closely watched case.
- [Maryland Appellate Court Affirms Business Judgment Protection](https://todaysgeneralcounsel.com/maryland-appellate-court-affirms-business-judgment-protection/) - Read why a ruling by the Maryland Appellate Court continues to shield directors when boards reject higher bids amid conflicts, contingencies, and stockholder approval.
- [Kohler Facing Toilet Bowl Camera Privacy Claims](https://todaysgeneralcounsel.com/kohler-facing-toilet-bowl-camera-privacy-claims/) - Dive into Kohler’s toilet bowl camera privacy claims and the consent issues they raised after a security researcher’s review.
- [Cryptocurrency Thefts Traced to 2022 Breach](https://todaysgeneralcounsel.com/cryptocurrency-thefts-traced-to-2022-breach/) - Discover how cryptocurrency losses were linked to the 2022 LastPass breach and laundered through coordinated blockchain activity tied to Russian exchanges.
- [Inside a Firm Specializing in Cyber Crisis and Ransom Negotiation](https://todaysgeneralcounsel.com/inside-a-firm-specializing-in-cyber-crisis-and-ransom-negotiation/) - Discover how ransom negotiation shapes incident response, ethical decision-making, insurer involvement, and government coordination during high-stakes attacks.
- [Cyber-Crook Claims Data Was Stolen From Major Utilities](https://todaysgeneralcounsel.com/cyber-crook-claims-data-was-stolen-from-major-utilities/) - Read why engineering data and other materials stolen from major utilities after a claimed breach raise concerns over infrastructure exposure and risk management.
- [How GCs Can Effectively Lead AI Adoption Efforts for Their Companies, Teams](https://todaysgeneralcounsel.com/how-gcs-can-effectively-lead-ai-adoption-efforts-for-their-companies-teams/) - Learn about the best ways to face both challenges and opportunities surrounding AI adoption at your organization.
- [Legal Ops Vendor Management: From Oversight to Strategy](https://todaysgeneralcounsel.com/legal-ops-vendor-management-from-oversight-to-strategy/) - Learn how vendor management demands continuous monitoring, stronger compliance controls, and strategic legal ops leadership as third-party risk accelerates.
- [Why 2026 Will Be a Turning Point for AI in Legal Technology](https://todaysgeneralcounsel.com/why-2026-will-be-a-turning-point-for-ai-in-legal-technology/) - From proactive assistants to intelligent search, AI in legal technology is shifting fast. Here’s a look at the trends redefining productivity and insight in 2026.
- [Webinar Reveals How AI in eDiscovery is Transforming Legal Practice](https://todaysgeneralcounsel.com/webinar-reveals-how-ai-in-ediscovery-is-transforming-legal-practice/) - Catch up on KLDiscovery’s recent webinar about AI in eDiscovery to learn how the technology is changing legal workflows. Learn about its impact on areas like contract analysis, document review, case research, and compliance monitoring.
- [Why Arbitrators’ Control of Party Conduct Matters in International Arbitration](https://todaysgeneralcounsel.com/why-arbitrators-control-of-party-conduct-matters-in-international-arbitration/) - Explore the debate over arbitrators’ control of party conduct in global disputes and what it means for legal teams.
- [How Your Team Should Tackle Discovery Obligations in the AI Era](https://todaysgeneralcounsel.com/how-your-team-should-tackle-discovery-obligations-in-the-ai-era/) - Learn how to adopt best practices and stay compliant on discovery obligations in the face of AI.
- [Challenging Arbitration Awards: Rare but Possible](https://todaysgeneralcounsel.com/challenging-arbitration-awards-rare-but-possible/) - Learn more about how courts can throw out an arbitration award if the process was unfair, corrupt, or exceeded the arbitrator’s authority.
- [Legal Teams Building Trust Makes Everyone Want to Work With Them](https://todaysgeneralcounsel.com/legal-teams-building-trust-makes-everyone-want-to-work-with-them/) - The most influential legal teams aren’t just fast or well-resourced. They’re trusted. Discover how in-house legal teams building trust makes everyone want to work with them.
- [A Living Data Catalog Reduces Risk While Cutting Discovery Costs](https://todaysgeneralcounsel.com/a-living-data-catalog-reduces-risk-while-cutting-discovery-costs/) - A living data catalog connects legal, privacy, and security teams with the benefit of reducing risk and cutting discovery costs.
- [How GCs Can Get Ahead of California’s Transparency in Frontier Artificial Intelligence Act](https://todaysgeneralcounsel.com/how-gcs-can-get-ahead-of-californias-transparency-in-frontier-ai-act/) - Discover what you need to do to get your organization compliant with California’s Transparency in Frontier Artificial Intelligence Act.
- [How GCs Can Effectively Lead AI Adoption Efforts for Their Companies, Teams](https://todaysgeneralcounsel.com/how-gcs-can-effectively-lead-ai-adoption-efforts-for-their-companies-teams-2/) - Learn about the best ways to face both challenges and opportunities surrounding AI adoption at your organization.
- [How to Stay Ahead of Retirement Plan Forfeitures and ERISA Lawsuits](https://todaysgeneralcounsel.com/how-to-stay-ahead-of-retirement-plan-forfeitures-and-erisa-lawsuits/) - Read about the latest developments in retirement plan forfeitures litigation and how they relate to the Employee Retirement Income Security Act of 1974 (ERISA).
- [Workiva’s Josh Gertsch Talks AI Readiness, Risk, and Legal Judgment (Part 1)](https://todaysgeneralcounsel.com/workivas-josh-gertsch-talks-ai-readiness-risk-and-legal-judgment-part-1/) - SPONSORED BY WORKIVA: Read the first part of this exclusive interview in which Josh Gertsch discusses AI readiness, data security, and legal judgment.
- [2025 Legal Ops Predictions Revisited and What’s Next](https://todaysgeneralcounsel.com/2025-legal-ops-predictions-revisited-and-whats-next/) - Which legal ops predictions were hits or misses in 2025, and what do they reveal about artificial intelligence, growth, and consolidation heading into 2026?
- [New Ruling Clarifies Algorithmic Price-Fixing Antitrust Risk](https://todaysgeneralcounsel.com/new-ruling-clarifies-algorithmic-price-fixing-antitrust-risk/) - Learn more about the rental property case ruling out of California and what it means for algorithmic price-fixing claims.
- [What Legal Ops Needs to Know About Generative AI and Agentic AI](https://todaysgeneralcounsel.com/what-legal-ops-needs-to-know-about-generative-ai-and-agentic-ai/) - The difference between generative AI and agentic AI is that generative AI creates content on demand, while agentic AI acts autonomously. Here is why it matters.
- [$18.5M USERRA Settlement Sets Paid Military Leave Benchmark](https://todaysgeneralcounsel.com/18-5m-userra-settlement-sets-paid-military-leave-benchmark/) - Dive into the $18.5 million Uniformed Services Employment and Reemployment Rights Act (USERRA) settlement that establishes paid short-term military leave standards and mitigates employer litigation risk.
- [Court Orders CFPB to Seek Federal Reserve Funding Amid Shutdown Dispute](https://todaysgeneralcounsel.com/court-orders-cfpb-to-seek-federal-reserve-funding-amid-shutdown-dispute/) - Learn more about a ruling that effectively requires the Consumer Financial Protection Bureau (CFPB) to request funding from the Federal Reserve and what it means for the future of the agency.
- [FTC Consent Order Targets General Motors’ Connected-Vehicle Data Practices](https://todaysgeneralcounsel.com/ftc-consent-order-targets-general-motors-connected-vehicle-data-practices/) - Discover what happened when GM sold drivers’ data without consent, how the FTC responded, and what the settlement means for connected-vehicle data governance.
- [FTC Says Disney Will Pay $10M to Settle COPPA Violations Over Videos](https://todaysgeneralcounsel.com/ftc-says-disney-will-pay-10m-to-settle-coppa-violations-over-videos/) - Learn why Disney agreed to a $10 million settlement over alleged COPPA violations after regulators found failures in how child-directed content was labeled and protected on YouTube.
- [March/April 2026](https://todaysgeneralcounsel.com/march-april-2026/) - California’s Transparency in Frontier Artificial Intelligence Act seeks to address the “black box” nature of the watershed technology in this March/April 2026 issue of Today's General Counsel.
- [Nicole Zafian Talks About What to Expect at the 2026 CLOC Global Institute](https://todaysgeneralcounsel.com/nicole-zafian-talks-about-what-to-expect-at-the-2026-cloc-global-institute/) - Read this exclusive interview with Nicole Zafian of the Corporate Legal Operations Consortium (CLOC) about the upcoming CLOC Global Institute, which will run in Chicago May 11-14.
- [Developing the AI Skills That Will Matter Most in 2026](https://todaysgeneralcounsel.com/developing-the-ai-skills-that-will-matter-most-in-2026/) - AI skills are in demand, but not the ones most job seekers expect. Discover the real differentiators — context, governance, and real-world application.
- [How Boards Should Exercise Oversight of the Chief Restructuring Officer in Chapter 11](https://todaysgeneralcounsel.com/how-boards-should-exercise-oversight-of-the-chief-restructuring-officer-in-chapter-11/) - In Chapter 11 cases, one of the most important decisions a board can make is whether and how to bring in a chief restructuring officer (CRO). Learn how the board should handle these situations.
- [Defining Responsibility is the Key to Successful AI Adoption](https://todaysgeneralcounsel.com/defining-responsibility-is-the-key-to-successful-ai-adoption/) - Explore why succeful AI adoption is the result of framing responsibility before selecting an AI tool or defining goals and guardrails.
- [The AI Legal Front Door is Reshaping Legal Work](https://todaysgeneralcounsel.com/the-ai-legal-front-door-is-reshaping-legal-work/) - The AI legal front door is changing how organizations engage with legal work. Learn how self-service, triage, and reporting are now the foundation of legal infrastructure.
- [How Data Minimization Reduces the “Data Tax”](https://todaysgeneralcounsel.com/how-data-minimization-reduces-the-data-tax/) - Visibility alone won’t fix data sprawl. Understand why data minimization reduces the “data tax” and why it is the real return on investment (ROI) of data governance.
- [Contract Audit Trails Help Meet Compliance and Legal Requirements](https://todaysgeneralcounsel.com/contract-audit-trails-help-meet-compliance-and-legal-requirements/) - Contracts may be signed once, but they are constantly changing. Discover how contract audit trails ensure that every edit is traceable, defensible, and compliant.
- [Workiva’s Josh Gertsch Talks AI Readiness, Risk, and Legal Judgment (Part 2)](https://todaysgeneralcounsel.com/workivas-josh-gertsch-talks-ai-readiness-risk-and-legal-judgment-part-2/) - SPONSORED BY WORKIVA: Read the second part of our interview with Workiva’s Josh Gertsch. Explore how AI readiness and technology are transforming legal workflows in areas such as M&A due diligence, annual reporting, and IPOs.
- [The 5 a.m. Crisis: Navigating the High-Stakes Tug-of-War of Mobile Discovery](https://todaysgeneralcounsel.com/the-5-a-m-crisis-navigating-the-high-stakes-tug-of-war-of-mobile-discovery/) - Dive into the challenges of mobile discovery and learn how to balance privacy, preservation, and legal exposure.
- [How to Construct a Modern Framework for Digital-First Legal Holds](https://todaysgeneralcounsel.com/how-to-construct-a-modern-framework-for-digital-first-legal-holds/) - Legal holds are no longer simple notices. Learn how to construct a framework for digital-first legal holds that accommodates defensibility and compliance.
- [Imaginary Employees, Actual Danger: How In-House Counsel Can Stop Remote Work Scams in Their Tracks](https://todaysgeneralcounsel.com/imaginary-employees-actual-danger-how-in-house-counsel-can-stop-remote-work-scams-in-their-tracks/) - Learn how to mitigate the risks of remote work scams and demonstrate a strong compliance posture in the event of an investigation.
- [Prompt and Context Engineering: Why the Difference Matters](https://todaysgeneralcounsel.com/prompt-and-context-engineering-why-the-difference-matters/) - Understand the difference between prompt and context engineering. One helps AI answer questions; the other provides what AI needs before it responds.
- [Sixth Circuit Sides with Rocket Mortgage on Online Arbitration Clauses](https://todaysgeneralcounsel.com/sixth-circuit-sides-with-rocket-mortgage-on-online-arbitration-clauses/) - Read how a Sixth Circuit ruling on arbitration clauses impacts consumers’ online consent and marketing disputes nationwide.
- [What Past Search Engine Battles Teach Us About Fair Use and GenAI](https://todaysgeneralcounsel.com/what-past-search-engine-battles-teach-us-about-fair-use-and-genai/) - Read about how cases involving search engines shaped modern fair use doctrine. Those principles are still central to current disputes over fair use and GenAI training and copyright law.
- [Delaware Court Expands Insurance Coverage for False Claims Act Investigative Demands](https://todaysgeneralcounsel.com/delaware-court-expands-insurance-coverage-for-false-claims-act-investigative-demands/) - Discover the implications of a Delaware ruling that broadens protection for companies responding to False Claims Act scrutiny.
- [Why Cyber Risk is Now an Enterprise Priority in 2026](https://todaysgeneralcounsel.com/why-cyber-risk-is-now-an-enterprise-priority-in-2026/) - Learn how cyber risk and enforcement priorities are evolving, reshaping resilience, disclosure, and governance expectations for organizations facing regulatory scrutiny.
- [HHS Seeks Public Input on Expanding AI in Clinical Care](https://todaysgeneralcounsel.com/hhs-seeks-public-input-on-expanding-ai-in-clinical-care/) - Discover how the U.S. Department of Health and Human Services (HHS) is seeking public input about the future of AI in clinical care through a new Request for Information (RFI).
- [How 2025 Reshaped AI and a Look at eDiscovery’s Future](https://todaysgeneralcounsel.com/how-2025-reshaped-ai-and-a-look-at-ediscoverys-future/) - From discoverable prompts to global regulation, 2025 reshaped eDiscovery's future. Delve into what legal operations teams must understand heading into 2026.
- [How to Build a Legal Department Framework Using 4 Goals](https://todaysgeneralcounsel.com/how-to-build-a-legal-department-framework-using-4-goals/) - Explore four foundational goals for building a legal department framework as AI, ESG, and regulation are reshaping legal department priorities.
- [Influencer Marketing Disclosure Failures Fuel Class Action Litigation](https://todaysgeneralcounsel.com/influencer-marketing-disclosure-failures-fuel-class-action-litigation/) - Discover what the rise of class actions citing influencer marketing disclosures means for brands, and why an influencer's hashtag omission could trigger costly litigation.
- [Shareholder Votes May Become Less Predictable as Proxy Advisors Face Regulation, Lost Business](https://todaysgeneralcounsel.com/shareholder-votes-may-become-less-predictable-as-proxy-advisors-face-regulation-lost-business/) - Learn how regulations and the departure of big clients is putting the pressure on proxy advisors. Read about what it means for shareholder votes and board governance strategies.
- [Creating a Winning Business Case for Legal Operations](https://todaysgeneralcounsel.com/creating-a-winning-business-case-for-legal-operations/) - Malbek’s Colin Levy explains how to generate a business case for legal operations while balancing the benefits and challenges of AI in legal.
- [How to Modernize Your Entity Governance Approach—Webinar](https://todaysgeneralcounsel.com/how-to-modernize-your-entity-governance-approach-webinar/) - Learn how to develop sound entity governance practices in this webinar from Filejet.
- [Employers Grappling with Trump’s Abrupt Shifts on DEI, Immigration Policies](https://todaysgeneralcounsel.com/employers-grappling-with-trumps-abrupt-shifts-on-dei-immigration-policies/) - Read how Trump 2.0 is impacting companies' DEI and immigration policies, according to Littler's 2026 Workplace Policy Institute survey of more than 300 legal and HR leaders.
- [Be Careful When Contracting Agentic AI to Mitigate Serious Risks](https://todaysgeneralcounsel.com/be-careful-when-contracting-agentic-ai-to-mitigate-serious-risks/) - Read how contracting for agentic AI exposes companies to enterprise risk, and how to protect your organization from this fast-moving privacy issue.
- [Voluntary Self-Disclosure Program Offers Companies Declination From Financial Crime Prosecution](https://todaysgeneralcounsel.com/voluntary-self-disclosure-program-offers-companies-declination-from-financial-crime-prosecution/) - Dive into the Southern District of New York’s updated voluntary self-disclosure program, its two-stage declination process, and what it means for compliance strategy.
- [Supreme Court to Hear Case Involving Video Privacy Protection Act](https://todaysgeneralcounsel.com/supreme-court-to-hear-case-involving-video-privacy-protection-act/) - Learn about the upcoming Video Privacy Protection Act (VPPA) ruling and its potentially sweeping impact on privacy law for businesses and individuals.
- [Webinar: How to Build Smarter Governance, Risk, and Compliance (GRC) Programs](https://todaysgeneralcounsel.com/webinar-how-to-build-smarter-governance-risk-and-compliance-grc-programs/) - Read what leaders from Navex and the Ethics and Compliance Initiative (ECI) have to say about how to build a resilient Governance, Risk, and Compliance (GRC) program for your organization.
- [Littler’s Stephan Swinkels Talks US Policy Impact on European Employers](https://todaysgeneralcounsel.com/littlers-stephan-swinkels-talks-us-policy-impact-on-european-employers/) - Read this exclusive interview in which Littler’s Stephan Swinkels explains the US policy impact on European employers, workforce strategy, mobility, and diversity efforts.
- [AI Governance That Holds: From Principles to Operating Infrastructure](https://todaysgeneralcounsel.com/ai-governance-that-holds-from-principles-to-operating-infrastructure/) - Learn why AI governance requires an operational framework, not a policy document.
- [Regulators Scrutinizing Mortgage Buydown Incentives](https://todaysgeneralcounsel.com/regulators-scrutinizing-mortgage-buydown-incentives/) - Learn how regulators and federal agencies are viewing mortgage buydown incentives, and why Truth in Lending Act obligations matter.
- [What Makes for Good Records Retention Schedules?](https://todaysgeneralcounsel.com/what-makes-for-good-records-retention-schedules/) - Discover how to shift your organization toward modern, compliant, and easier-to-implement records retention schedules.
- [Australian Court Imposes Penalties for Cybersecurity Failures at Broker](https://todaysgeneralcounsel.com/australian-court-imposes-penalties-for-cybersecurity-failures-at-broker/) - Discover how regulators treated weak data security and risk controls as core compliance and cybersecurity failures. Learn what the penalty means for cyber management.
- [Trump’s Pro-crypto Stance, Regulatory Approach to Spur Digital Asset Development](https://todaysgeneralcounsel.com/trumps-pro-crypto-stance-regulatory-approach-to-spur-digital-asset-development/) - Read why new regulations for the digital asset market are expected to drive digital asset development. Meanwhile, key legal and litigation risks remain unresolved.
- [Closing the Honesty Deficit: A Guide to Legal AI Risk Management](https://todaysgeneralcounsel.com/closing-the-honesty-deficit-a-guide-to-legal-ai-risk-management/) - Discover how to get ahead of AI risk management and maintain control of AI adoption in your organization.
- [EEOC Moves to Enforce Subpoena in Nike DEI Investigation](https://todaysgeneralcounsel.com/eeoc-moves-to-enforce-subpoena-in-nike-dei-investigation/) - Discover why the U.S. Equal Employment Opportunity Commission (EEOC)’s Nike DEI investigation and administrative subpoena enforcement signals new scrutiny of DEI employment practices nationwide.
- [Why the AI-Enabled Legal Professional Will Define the Future of In-House Law](https://todaysgeneralcounsel.com/why-the-ai-enabled-legal-professional-will-define-the-future-of-in-house-law/) - A big piece of AI strategy is hiring the right people to drive it. Learn how the AI-enabled legal professional is changing the rules of the game.
- [Federal Judge Rules on Attorney-Client Privilege and AI-Assisted Materials in Fraud Case](https://todaysgeneralcounsel.com/federal-judge-rules-on-attorney-client-privilege-and-ai-assisted-materials-in-fraud-case/) - Read what the judge had to say about attorney-client privilege and AI-assisted materials in a fraud case and what it means for privilege strategy.
- [Building a Practical Playbook for Modern AI-Enabled Legal Teams](https://todaysgeneralcounsel.com/building-a-practical-playbook-for-modern-ai-enabled-legal-teams/) - In her debut column, Liz Lugones breaks down the concept of Legal Maxxing. It’s about aligning people, process, data, technology, and AI to intentionally upgrade how legal work functions and performs.
- [AI-Generated DSARs Are Reshaping Compliance Obligations](https://todaysgeneralcounsel.com/ai-generated-dsars-are-reshaping-compliance-obligations/) - Read why data protections are surging in volume and complexity as AI-generated DSARs enable expansive requests that are transforming how companies must respond.
- [Why the Iran War Is Reshaping Proxy Season for Shareholder Activists](https://todaysgeneralcounsel.com/why-the-iran-war-is-reshaping-proxy-season-for-shareholder-activists/) - Learn why the Iran war is functioning as a short-term deterrent to proxy contests, and how geopolitical volatility is forcing activists to rethink long-term commitments this proxy season.
- [Closing the M&A Governance Gaps That Can Undermine Deals](https://todaysgeneralcounsel.com/closing-the-ma-governance-gaps-that-can-undermine-deals/) - Learn how to avoid the most common pitfalls and close the M&A governance gaps that drive unnecessary risk.
- [Texas Business Court Asserts Jurisdiction Over Employee Raiding Case](https://todaysgeneralcounsel.com/texas-business-court-asserts-jurisdiction-over-employee-raiding-case/) - Learn how the Texas Business Court is further defining its role in resolving high-stakes corporate conflicts.
- [EEOC Intensifies Enforcement of ‘Anti-American' Bias Protections](https://todaysgeneralcounsel.com/eeoc-intensifies-enforcement-of-anti-american-bias-protections/) - Read why the US Equal Employment Opportunity Commission (EEOC)'s robust enforcement push against “anti-American" bias is creating new compliance obligations for employers across multiple industries nationwide.
- [Vanguard Settlement in Coal Suit Reframes Investment Stewardship Debate](https://todaysgeneralcounsel.com/vanguard-settlement-in-coal-suit-reframes-investment-stewardship-debate/) - Read why the Vanguard settlement reveals more about anti-ESG regulatory strategy than it does about any meaningful shift in investment stewardship standards.
- [Tracking the Rise of AI Agents in Contract Management](https://todaysgeneralcounsel.com/tracking-the-rise-of-ai-agents-in-contract-management/) - Learn about the rise of AI agents in contract management and how they are delivering enterprise-grade accuracy and self-service insights at scale.
- [Why Legal Data Analytics Is Essential for Legal Ops](https://todaysgeneralcounsel.com/why-legal-data-analytics-is-essential-for-legal-ops/) - Legal data analytics is now essential for legal teams. Explore the tools, metrics, and mindset that elevate legal’s influence across the business.
- [A Knowledge System Is Only as Strong as Its User Interface’s Front End](https://todaysgeneralcounsel.com/a-knowledge-system-is-only-as-strong-as-its-user-interfaces-front-end/) - A strong user interface’s front end leads to a strong knowledge system. Here’s how better user-centric design can drive adoption and embed knowledge into daily workflows.
- [Spring Cleaning for Legal Teams: Refining Workplace Policies and HR Practices for a Fresh Start](https://todaysgeneralcounsel.com/spring-cleaning-for-legal-teams-refining-workplace-policies-and-hr-practices-for-a-fresh-start/) - Learn how to conduct a “spring cleaning” of workplace policies and HR practices to address issues before they become disputes, investigations, or litigation.
- [Examining EDiscovery: From Preservation to Predictive Coding](https://todaysgeneralcounsel.com/examining-ediscovery-from-preservation-to-predictive-coding/) - From preservation to predictive coding, this guide to eDiscovery unpacks the critical workflows and technologies reshaping modern discovery strategies.
- [Compliance Automation Transforms Governance and Risk Oversight](https://todaysgeneralcounsel.com/compliance-automation-transforms-governance-and-risk-oversight/) - As regulatory pressure intensifies, manual compliance can’t keep up. Learn how compliance automation transforms governance, risk oversight, and board visibility.
- [EEOC Sues Coca-Cola Over Female-Only Networking Event](https://todaysgeneralcounsel.com/eeoc-sues-coca-cola-over-female-only-networking-event/) - Delve into the Equal Employment Opportunity Commission (EEOC)’s lawsuit against Coca-Cola over a female-only networking event and what it means for organizations navigating Title VII enforcement.
- [How to Train AI Agents for In-House Legal Teams — Webinar](https://todaysgeneralcounsel.com/how-to-train-ai-agents-for-in-house-legal-teams-webinar/) - Learn about the practicalities of training AI agents for in-house legal teams from this LegalOn webinar.
- [Iran War Impact: Hospitality Industry Policyholders Should Act Fast](https://todaysgeneralcounsel.com/iran-war-impact-hospitality-industry-policyholders-should-act-fast/) - Learn what hospitality industry policyholders should do to preserve insurance coverage rights across multiple policy lines.
- [Integrating Contract Lifecycle Management With Customer Relationship Management](https://todaysgeneralcounsel.com/integrating-contract-lifecycle-management-with-customer-relationship-management/) - Understand why integrating Contract Lifecycle Management (CLM), Customer Relationship Management (CRM), and Enterprise Resource Planning (ERP) systems allows contracts to stop being just paperwork and start driving measurable value.
- [How Legal Billing Guidelines and E-Billing Ensure Accountability](https://todaysgeneralcounsel.com/how-legal-billing-guidelines-and-e-billing-ensure-accountability/) - Legal ops teams can’t afford billing inefficiencies. Here’s how legal billing guidelines and e-billing ensure accountability, predictability, and transparency.
- [Discovery Failures Draw Coercive Sanctions and Fee Award](https://todaysgeneralcounsel.com/discovery-failures-draw-coercive-sanctions-and-fee-award/) - Read what discovery failures leading to coercive sanctions show about courts' growing intolerance for serial discovery noncompliance.
- [What In-House Lawyers Need to Know About Using Chapter 11 as an Acquisition Tool](https://todaysgeneralcounsel.com/what-in-house-lawyers-need-to-know-about-using-chapter-11-as-an-acquisition-tool/) - Using Chapter 11 as an acquisition tool has its risks and rewards. Read this guide to the process.
- [Applying Lateral Thinking to Legal Data Intelligence Projects](https://todaysgeneralcounsel.com/applying-lateral-thinking-to-legal-data-intelligence-projects/) - Discover how applying lateral thinking to legal data intelligence projects provides a powerful way to rethink problems and drive innovation.
- [Decoding Algorithmic Price Fixing: A New Frontier for Antitrust Law](https://todaysgeneralcounsel.com/decoding-algorithmic-price-fixing-a-new-frontier-for-antitrust-law/) - Explore how AI is altering the antitrust landscape, opening up new ways to rig markets through algorithmic price fixing.
- [US and UK Introduce New Corporate Enforcement Policies on Voluntary Self-Disclosure](https://todaysgeneralcounsel.com/us-and-uk-introduce-new-corporate-enforcement-policies-on-voluntary-self-disclosure/) - Read about what the US Department of Justice’s new corporate enforcement policy means for voluntary self-disclosure of criminal activity. The UK’s equivalent went into effect in late 2025.
- [Preparing for Exit: Getting Your Corporate House in Order Before M&A Due Diligence](https://todaysgeneralcounsel.com/preparing-for-exit-getting-your-corporate-house-in-order-before-ma-due-diligence/) - Delve into the practical steps a general counsel can take to properly prepare the company ahead of due diligence.
- [DOJ Settles, States Press Forward Against Live Nation and Ticketmaster](https://todaysgeneralcounsel.com/doj-settles-states-press-forward-against-live-nation-and-ticketmaster/) - Read up on the latest twist in the case against Live Nation and Ticketmaster and how state attorneys general are becoming an increasingly independent and aggressive regulatory force.
- [The AI Literacy Gap Is Becoming a Governance and Compliance Risk](https://todaysgeneralcounsel.com/the-ai-literacy-gap-is-becoming-a-governance-and-compliance-risk/) - The AI literacy gap is becoming a governance and compliance risk. Understand why the biggest barrier to responsible AI isn’t technology — it’s skills.
- [Marquis Ransomware Attack Spurs Litigation Against SonicWall, Class Actions](https://todaysgeneralcounsel.com/marquis-ransomware-attack-spurs-litigation-against-sonicwall-class-actions/) - Read about the Marquis ransomware attack, which exposed more than 670,000 individuals and triggered a series of lawsuits.
- [Using AI to Modernize Master Service Agreement Contract Review](https://todaysgeneralcounsel.com/using-ai-to-modernize-master-service-agreement-contract-review/) - Learn how using AI to modernize Master Service Agreement contract review can reduce delays and help in-house legal teams move business forward.
- [Multistate Antitrust Risk Features in Generic Drug Price-Fixing Case](https://todaysgeneralcounsel.com/multistate-antitrust-risk-features-in-generic-drug-price-fixing-case/) - Read how a nearly $18-million settlement in a generic drug price-fixing case reveals the mechanics of a multi-state antitrust risk.
- [Why Spreadsheets Are the Hidden Risk in Your Entity Governance—Webinar](https://todaysgeneralcounsel.com/why-spreadsheets-are-the-hidden-risk-in-your-entity-governance-webinar/) - Learn about the transition from manual tracking to strategic oversight in entity governance by watching this webinar hosted by Today's General Counsel and Filejet.
- [Understanding ESI: From Metadata to Cloud Storage](https://todaysgeneralcounsel.com/understanding-esi-from-metadata-to-cloud-storage/) - Understanding electronically stored information (ESI) — from metadata to cloud storage — is essential for legal teams managing costs, mitigating risk, and supporting defensible litigation strategies.
- [The Legal Industry Faces Systemic Reexamination: Who Does the Work?](https://todaysgeneralcounsel.com/the-legal-industry-faces-systemic-reexamination-who-does-the-work/) - The legal industry faces systemic reexamination as AI, capital, and shifting demand are redistributing legal work across firms, providers, and in-house teams.
- [Legalweek Priorities: Strengthen Foundations for Better Governance, Data, and Priorities](https://todaysgeneralcounsel.com/legalweek-priorities-strengthen-foundations-for-better-governance-data-and-priorities/) - The biggest takeaway from Legalweek was the need for stronger foundations—better governance, data, and priorities.
- [Counter Contract Lifecycle Management Complexity With No-Code Tools, Governance, and AI](https://todaysgeneralcounsel.com/counter-contract-lifecycle-management-complexity-with-no-code-tools-governance-and-ai/) - Modern Contract Lifecycle Management (CLM) is moving beyond heavy configuration. Learn how no-code tools, governance, and AI reduce legal ops professionals’ administrative burden.
- [Artificial Intelligence is Transforming the M&A Transaction Lifecycle](https://todaysgeneralcounsel.com/artificial-intelligence-is-transforming-the-ma-transaction-lifecycle/) - Learn how artificial intelligence is reshaping M&A due diligence, deal structuring, and execution risk in ways that require new protocols.
- [State AGs Challenge Fed Approval of Nexstar-Tenga Mega Media Deal](https://todaysgeneralcounsel.com/state-ags-challenge-fed-approval-of-nexstar-tenga-mega-media-deal/) - Read why state attorneys general are fighting media consolidation head-on, and what the Nexstar-Tegna battle means for antitrust enforcement nationwide.
- [Why Your Records Schedule is Failing the AI and Privacy Test—Webinar](https://todaysgeneralcounsel.com/why-your-records-schedule-is-failing-the-ai-and-privacy-test-webinar/) - Transform your records schedule from static recordkeeping to strategic data management by watching this webinar from Contoural and Today's General Counsel.
- [SEC Update Clarifies When a Cryptocurrency Qualifies as a Security](https://todaysgeneralcounsel.com/sec-update-clarifies-when-a-cryptocurrency-qualifies-as-a-security/) - Read what an SEC update on cryptocurrency means for token issuers, exchanges, and investors wondering when a security classification applies under federal law.
- [Data-Driven Valuations Lead to Bigger Wins in Litigation](https://todaysgeneralcounsel.com/data-driven-valuations-lead-to-bigger-wins-in-litigation/) - Discover how data-driven valuations can inform settlement decisions, align legal and commercial stakeholders, and drive better outcomes in high-stakes commercial litigation.
- [Connecticut Requires Productivity Quota Disclosure for Warehouse Employees](https://todaysgeneralcounsel.com/connecticut-requires-productivity-quota-disclosure-for-warehouse-employees/) - Learn about a new Connecticut law mandating companies make a productivity quota disclosure for warehouse distribution employees.
- [Embracing the Rise of Connected Compliance](https://todaysgeneralcounsel.com/embracing-the-rise-of-connected-compliance/) - Explore how organizations are replacing siloed compliance processes with a connected compliance network that improves efficiency and reduces operational risk.
- [Improve Legal Ops Efficiency with ELM](https://todaysgeneralcounsel.com/improve-legal-ops-efficiency-with-elm/) - Learn how corporate legal departments enable Enterprise Legal Management (ELM) software to improve operational efficiency and reduce legal spend.
- [Understand and Optimize Legal Automation and Legal AI](https://todaysgeneralcounsel.com/understand-and-optimize-legal-automation-and-legal-ai/) - Understanding the distinction between legal automation and legal AI is essential for effective long-term technological strategy and governance.
- [Understanding the ESG and Sustainability Landscape](https://todaysgeneralcounsel.com/understanding-the-esg-and-sustainability-landscape/) - The environmental, social, and governance (ESG) and sustainability landscape is presenting new legal challenges, from climate disclosures to AI governance, that demand adaptable strategies and stronger oversight.
- [Federal Contractors Must Navigate Overlapping Tariff Refund Rights After Supreme Court Ruling](https://todaysgeneralcounsel.com/federal-contractors-must-navigate-overlapping-tariff-refund-rights-after-supreme-court-ruling/) - Discover what the Supreme Court's recent ruling and the Court of International Trade liquidation orders mean for contractors’ tariff refund rights.
- [Securing Defensibility in AI-Driven Investigations—Webinar](https://todaysgeneralcounsel.com/securing-defensibility-in-ai-driven-investigations-webinar/) - Learn how to master AI in investigations and set a new standard for defensibility by watching this webinar from iDiscovery Solutions and Today's General Counsel.
- [Leveraging AI to Wield Strategic Control of Outside Counsel Spend—Webinar](https://todaysgeneralcounsel.com/leveraging-ai-to-wield-strategic-control-of-outside-counsel-spend-webinar/) - During a recent webinar with Today's General Counsel, Brightflag and Shopify Associate General Counsel Ryan Galey discussed how to embrace a strategic, AI-driven approach to outside counsel spend.
- [Five Questions Every GC Should Ask Before Deploying AI in the Legal Department](https://todaysgeneralcounsel.com/five-questions-every-gc-should-ask-before-deploying-ai-in-the-legal-department/) - Hunter McMahon of iDS and Colin S. McCarthy of CMC Legal Strategies reveal what information GCs need to track down before deploying AI in the legal department.
- [How Can Legal Build Data Fluency Without Hiring Analysts?](https://todaysgeneralcounsel.com/how-can-legal-build-data-fluency-without-hiring-analysts/) - Checkbox’s Evan Wong breaks down the critical process of building data fluency for legal teams.
- [Why You Should Pay Attention to Unified Clause Control and AI Redlining in Contracts](https://todaysgeneralcounsel.com/why-you-should-pay-attention-to-unified-clause-control-and-ai-redlining-in-contracts/) - CobbleStone Software’s Sean Heck explains the importance of a centralized intelligence layer through unified clause control.
- [When Tech Leads and Legal Follows: How to Close the AI Governance Gap](https://todaysgeneralcounsel.com/when-tech-leads-and-legal-follows-how-to-close-the-ai-governance-gap/) - Sasha A. Carbone of the American Arbitration Association (AAA) writes about the AI governance gap and how legal teams need to be more involved in decision-making.
- [CLOC’s Oyango Snell Talks Legal Ops Evolution, AI Governance Ahead of CGI Chicago](https://todaysgeneralcounsel.com/clocs-oyango-snell-talks-legal-ops-evolution-ai-governance-ahead-of-cgi-chicago/) - Read our exclusive interview with CLOC’s Oyango Snell about the legal ops evolution and leadership and governance developments at the organization ahead of the CLOC Global Institute running May 11-14.
- [May/June 2026](https://todaysgeneralcounsel.com/may-june-2026/) - In this special issue of Today's General Counsel, our expert contributors dive into the strategies legal departments need to navigate today's complexities. From scaling process efficiency to optimizing tech stacks and driving data-backed decisions, we’re covering all of the essentials.
- [The New Superpower: Driving C-Suite Strategy with Legal Operations Commercial Intelligence](https://todaysgeneralcounsel.com/the-new-superpower-driving-c-suite-strategy-with-legal-operations-commercial-intelligence/) - Malbek’s Colin Levy examines the power of legal operations commercial intelligence and how to shape corporate strategy.
- [How AI Will Make Legal Operations the New Control Tower and Define Hiring Trends](https://todaysgeneralcounsel.com/how-ai-will-make-legal-operations-the-new-control-tower-and-define-hiring-trends/) - Jared Coseglia of TruLegal looks at how AI’s transformative effect on legal operations is reshaping the employment landscape for both job seekers and hiring managers.
- [How to Upskill Legal Teams and Modernize Legal Operations](https://todaysgeneralcounsel.com/how-to-upskill-legal-teams-and-modernize-legal-operations/) - Robert Half’s Jamy J. Sullivan writes about the need to upskill legal teams and bridge the divide between current capabilities and future needs.
- [Strengthening Corporate Governance as General Counsel Put AI to Work](https://todaysgeneralcounsel.com/strengthening-corporate-governance-as-general-counsel-put-ai-to-work/) - Diligent’s Emily Williams explores how legal leaders are using AI in corporate governance to automate recurring administrative friction, allowing them to deliver faster, more accurate insights across board preparation and entity oversight.
- [How Legal AI Adoption Shifts the Operating Model](https://todaysgeneralcounsel.com/how-legal-ai-adoption-shifts-the-operating-model/) - Mitratech’s Liz Lugones discusses best practices on AI adoption and how to operationalize technology.
- [Is the Legal Department the Real Reason Employees Ignore Document Deletion Rules?](https://todaysgeneralcounsel.com/is-the-legal-department-the-real-reason-employees-ignore-document-deletion-rules/) - Contoural’s Mark Diamond dives into the world of document deletion rules and offers some tough love for legal departments.
- [Unlocking Impact: How GCs Can Turn Legal Operations into a Strategic Business Asset](https://todaysgeneralcounsel.com/unlocking-impact-how-gcs-can-turn-legal-operations-into-a-strategic-business-asset/) - Brightflag’s Anna Richards explores how GCs should treat the legal department like the business function it really is.
- [US and Mexico Target Mexican Cartels, Create Risks for Agro-Industrial Supply Chains](https://todaysgeneralcounsel.com/us-and-mexico-target-mexican-cartels-create-risks-for-agro-industrial-supply-chains/) - Read how sanctions and terrorist designations are creating sweeping legal exposure for companies with agro-industrial supply chains in Mexico.
- [Modernizing Nepotism Policies: Where Family Ties Become Conflicts of Interest](https://todaysgeneralcounsel.com/modernizing-nepotism-policies-where-family-ties-become-conflicts-of-interest/) - Learn how a well-defined nepotism policy protects both the company's culture and its bottom line.
- [General Counsel Report Unpacks Key Legal Trends—Webinar](https://todaysgeneralcounsel.com/general-counsel-report-unpacks-key-legal-trends-webinar/) - Learn how to position your legal department for success by gaining insights from The Seventh Annual General Counsel Report.
- [What Directors Need to Understand About Insider Trading Risks](https://todaysgeneralcounsel.com/what-directors-need-to-understand-about-insider-trading-risks/) - Read how to protect directors from insider trading risks through disciplined Rule 10b5-1 plan administration and robust compliance policies.
- [CFTC Cracking Down on Insider Trading in Prediction Markets](https://todaysgeneralcounsel.com/cftc-cracking-down-on-insider-trading-in-prediction-markets/) - Read how the Commodity Futures Trading Commission (CFTC) is targeting insider trading in prediction markets and unveiling new cooperation and self-reporting policies.
- [Fragmented AI Regulation and Litigation Activity is Accelerating](https://todaysgeneralcounsel.com/fragmented-ai-regulation-and-litigation-activity-is-accelerating/) - Read how to protect directors from insider trading risks through disciplined Rule 10b5-1 plan administration and robust compliance policies.
- [Why Privacy Risk Assessments Are No Longer Optional for GCs](https://todaysgeneralcounsel.com/why-privacy-risk-assessments-are-no-longer-optional-for-gcs/) - Making privacy risk assessments a standard operational practice is critical for general counsel.
- [Breach vs. Bias: Recognizing the Danger of Premature Certainty in Incident Response](https://todaysgeneralcounsel.com/breach-vs-bias-recognizing-the-danger-of-premature-certainty-in-incident-response/) - Learn about the dangers of bias in incident response. Resist the instinct to minimize early severity, defend first impressions, and settle into a narrative quickly.
- [What General Counsel Need to Know About Quantum Computing](https://todaysgeneralcounsel.com/what-general-counsel-need-to-know-about-quantum-computing/) - Learn how to get ahead of the quantum computing transition and mitigate potential cybersecurity risks.
- [DEI Executive Order Reshapes Compliance Obligations for Government Contractors](https://todaysgeneralcounsel.com/dei-executive-order-reshapes-compliance-obligations-for-government-contractors/) - Delve into the latest DEI executive order and how it is transforming compliance obligations for federal contractors.
- [How the EDRM Guides Decision Making](https://todaysgeneralcounsel.com/how-the-edrm-guides-decision-making/) - Electronic Discovery Reference Model (EDRM) is a conceptual model, not a work flow, and it exists to help guide effective decision making.
- [What Is the Difference Between EDiscovery and Digital Forensics?](https://todaysgeneralcounsel.com/what-is-the-difference-between-ediscovery-and-digital-forensics/) - Delve into the difference between eDiscovery and digital forensics to ensure accuracy, defensibility, and cost control.
- [Before Adopting AI, Implement an AI Governance Framework](https://todaysgeneralcounsel.com/before-adopting-ai-implement-an-ai-governance-framework/) - Legal teams are adopting AI faster than they can govern it. Implement an AI governance framework, as acceptable use policies are not enough.
- [Is AI Replacing the Billable Hour Model?](https://todaysgeneralcounsel.com/is-ai-replacing-the-billable-hour-model/) - Discover how the billable hour model is losing ground as AI enables legal teams to handle more work internally and engage outside counsel more strategically.
- [Why Experienced Lawyers Still Miss Contract Risk—And What to Do About it](https://todaysgeneralcounsel.com/why-experienced-lawyers-still-miss-contract-risk-and-what-to-do-about-it/) - SPONSORED BY LAWVU: Learn why contract risk is rarely the result of a single missed clause and how to build processes that support consistent outcomes.
- [
Is It Time For A Carbon Tax?](https://todaysgeneralcounsel.com/is-it-time-for-a-carbon-tax/) - Two experts square off in a point-counterpoint.
- [Changes in Canada’s Labor And Employment Laws](https://todaysgeneralcounsel.com/changes-in-canadas-labor-and-employment-laws-2/) - The government of Canada has made significant changes to the labor and employment laws that apply to federally regulated businesses – banks, air transport, telephone, radio and television companies, among others. These laws touch on such matters as job scheduling, breaks, vacations, holiday pay and leaves of absences. There are also new accessibility laws, significant
- [Extraterritoriality And The Lanham Act](https://todaysgeneralcounsel.com/extraterritoriality-and-the-lanham-act-2/) - Recent decisions by the Fourth and Ninth Circuits on issues of extraterritoriality could have a significant impact on Lanham Act litigation. One case involves an alleged Trader Joe’s knockoff in Canada, called “Pirate Joes.” It had been given a pass by a district court, but it now finds itself back on the docket. The other
- [Protecting Electronic Devices At The Border](https://todaysgeneralcounsel.com/protecting-electronic-devices-at-the-border-2/) - A recent episode involving a cell phone search at the border got a lot of media attention, seen primarily through the lens of politics, but what happened bears attention from any attorney who needs to travel internationally. The case involved a Harvard student, a Palestinian, whose phone and laptop were searched by customs at Logan
- [Trends In Canadian M&A](https://todaysgeneralcounsel.com/trends-in-canadian-ma-2/) - An unusually strong end of year 2015 bolstered Canadian M&A activity, and the trend continued into early 2016, writes Blake, Cassels & Graydon attorney Jamie Koumanakos. Current trends are being shaped in part by a change in government, as the newly elected Liberals ran on campaign promises of greater public support for renewable energy, increased
- [Critics Slam IP Rules In Pacific Trade Pact](https://todaysgeneralcounsel.com/critics-slam-ip-rules-in-pacific-trade-pact/) - In negotiations over the Trans-Pacific Partnership (TPP), intellectual property provisions are proving to be a major bone of contention. A legal analyst for the medical group Médecins Sans Frontières (Doctors Without Borders) told Radio Canada International that rules now being discussed would be “catastrophic” and will mean "unnecessary death and suffering for millions." Canada’s newly
- [How to Overcome Resistance to AI in Legal Ops](https://todaysgeneralcounsel.com/how-to-overcome-resistance-to-ai-in-legal-ops/) - At the most recent edition of CLOC Global Institute, legal ops leaders suggested different strategies to overcome resistance to AI.
- [August/September 2024](https://todaysgeneralcounsel.com/august-september-2024/) - Prefer to read these stories online? Select from the stories below. From Today's Managing Partner: The Engagement Edge with Tracy LaLonde The Business Impact of Purpose What is the business impact of purpose? Today’s Managing Partner Columnist Tracy LaLonde dives into how a purpose-driven approach can boost productivity and well-being in law firms.
- [March/April 2025](https://todaysgeneralcounsel.com/march-april-2025/) - Prefer to read these stories online? Select from the stories below. From Today's Managing Partner: Interviews Law Firm Partner Melanie Ronen Talks Employment Law and Regulation in 2025 Learn more about what you and your organization need to know about weight discrimination and why you shouldn’t cite Hooters in your defense.
- [June 2025](https://todaysgeneralcounsel.com/june-2025/) - The swift adoption of China’s DeepSeek-V3—and the serious compliance risks it raises—offers a wake-up call for legal teams to revisit and fortify their GenAI policies in this issue of Today's General Counsel.
- [September/October 2025](https://todaysgeneralcounsel.com/september-october-2025/) - In this issue, Parker Poe attorneys Robert Botkin and Carson Lane explore robotics and embodied AI in their cover story, offering practical guidance on everything from retraining programs and redeployment strategies to governance frameworks that balance innovation with compliance.
- [November/December 2025](https://todaysgeneralcounsel.com/november-december-2025/) - The convergence of an organization’s physical infrastructure with its digital systems is significantly altering the cyber risk landscape as Chris Pogue writes in this November/December 2025 issue of Today's General Counsel.
- [How to Offer Employee Loans without Creating Legal Headaches](https://todaysgeneralcounsel.com/how-to-offer-employee-loans-without-creating-legal-headaches/) - Learn more about the benefits and risks of offering short-term employee loans to help workers manage temporary financial setbacks.
- [Agentic AI in Legal: Could It Replace General Counsel?](https://todaysgeneralcounsel.com/agentic-ai-in-legal-could-it-replace-general-counsel/) - The emergence of agentic AI in legal has sparked both excitement and apprehension among legal professionals. Could the GC role become obsolete?
- [Consider Contract Management Software for Legal Departments](https://todaysgeneralcounsel.com/consider-contract-management-software-for-legal-departments/) - The contract negotiations process can be daunting, to put it lightly. The back-and-forth nature of negotiations can feel like a never ending game of chess. In turn, general counsel can face confusion and contract life cycle management inefficiencies internally and with external stakeholders. Without a centralized procedure, both sides of the contract negotiations chessboard can
- [The Dark Side of AI in Contract Management: How to Avoid Ethical and Social Risks](https://todaysgeneralcounsel.com/the-dark-side-of-ai-in-contract-management-how-to-avoid-ethical-and-social-risks/) - CobbleStone Software’s Sean Heck examines the best way to tackle the challenging ethical and social implications of AI in contract management.
- [From Hype to Reality: Solving the Challenge of Legal AI Hallucinations](https://todaysgeneralcounsel.com/from-hype-to-reality-solving-the-challenge-of-legal-ai-hallucinations/) - Learn about what your organization should be doing to prevent Legal AI Hallucinations.
- [How Contract Playbooks Close the Reliability Gap in AI Contract Review](https://todaysgeneralcounsel.com/how-contract-playbooks-close-the-reliability-gap-in-ai-contract-review/) - SPONSORED BY LEGALON TECHNOLOGIES: Playbooks provide a clear, actionable framework for contract review that ensures every contract reflects your organization's priorities, no matter who’s reviewing it.
- [Find Facts Faster with iDS](https://todaysgeneralcounsel.com/find-facts-faster-with-ids/) - iDiscovery Solutions is a strategic data consulting firm that provides innovative solutions for law firms and corporations around litigation, investigations, and cybersecurity challenges.
- [The AI Era: Unmasking Digital Deception with iDS](https://todaysgeneralcounsel.com/the-ai-era-unmasking-digital-deception-with-ids/) - SPONSORED BY IDISCOVERY SOLUTIONS: In a legal landscape increasingly shaped by artificial intelligence (AI), deepfakes, and drag-and-drop editing tools, one truth remains: digital deception leaves a trail.
- [Cloudflare Outage Was Triggered by Internal Configuration Failure](https://todaysgeneralcounsel.com/cloudflare-outage-was-triggered-by-internal-configuration-failure/) - Discover why a Cloudflare outage spread globally across its network after a permissions change caused cascading failures, and what will change.
- [Mapping the Financial Sector’s Cyber Risk and Supply Chain Dependencies](https://todaysgeneralcounsel.com/mapping-the-financial-sectors-cyber-risk-and-supply-chain-dependencies/) - Learn why cyber risk exposure in the financial sector’s supply chain demands closer scrutiny as data reveals hidden dependencies and uneven supplier security.
- [Understanding Global Trends in Risk and Compliance Going Into 2026](https://todaysgeneralcounsel.com/understanding-global-trends-in-risk-and-compliance-going-into-2026/) - Explore how a Navex benchmark report reveals risk and compliance priorities shifted in 2025, underscoring AI, integration, and culture.
- [Balancing DEI Commitments in a Politically Charged Environment](https://todaysgeneralcounsel.com/balancing-dei-commitments-in-a-politically-charged-environment/) - Explore why companies must balance DEI commitments with legal, workforce, and reputation risks to sustain trust and business performance.
- [How Are Regulatory Risks Evolving from 2025 into 2026](https://todaysgeneralcounsel.com/how-are-regulatory-risks-evolving-from-2025-into-2026/) - Learn how 2025’s compliance and procurement challenges are reshaping regulatory risks and strategic priorities for contractors and grant recipients in 2026.
- [State Farm Ruling Clarifies Difference Between Intentional Conduct and Accidental Occurrence](https://todaysgeneralcounsel.com/state-farm-ruling-clarifies-difference-between-intentional-conduct-and-accidental-occurrence/) - Learn how this ruling defines the boundary between intentional conduct and accidental occurrences when evaluating coverage.
- [AI Washing Lawsuits Expand the Boundaries of Securities Fraud Risk](https://todaysgeneralcounsel.com/ai-washing-lawsuits-expand-the-boundaries-of-securities-fraud-risk/) - Learn how AI washing lawsuits are reshaping securities fraud exposure as regulators and investors scrutinize claims about artificial intelligence capabilities.
- [CISA Warns of Commercial Spyware Threats Targeting WhatsApp and Signal Users](https://todaysgeneralcounsel.com/cisa-warns-of-commercial-spyware-threats-targeting-whatsapp-and-signal-users/) - Dive into CISA tracking of campaigns using WhatsApp and Signal to infiltrate devices and monitor high-value targets with commercial spyware operations.
- [Managing Tariff Risk Through Trade Credit Insurance](https://todaysgeneralcounsel.com/managing-tariff-risk-through-trade-credit-insurance/) - Read how tariff risk is reshaping global trade finances amid rising uncertainty, and trade credit insurance offers critical stability amid ongoing disruptions.
- [Strengthening Controls to Reduce Information Disclosure Risk](https://todaysgeneralcounsel.com/strengthening-controls-to-reduce-information-disclosure-risk/) - Organizations face rising information disclosure risk as hidden data and overbroad requests expose sensitive material. Learn why stronger controls are essential
- [Navigating Compliance Risks Under the New Federal Hemp Law](https://todaysgeneralcounsel.com/navigating-compliance-risks-under-the-new-federal-hemp-law/) - Learn how compliance teams face mounting uncertainty as the new federal hemp law reshapes markets, enforcement, and risk exposure across states.
- [Top Career Mistakes First-Time Portfolio Company GCs Should Avoid](https://todaysgeneralcounsel.com/top-career-mistakes-first-time-portfolio-company-gcs-should-avoid/) - Common pitfalls at portfolio companies can derail even the most talented attorneys. Learn how to thrive in these demanding positions.
- [Accommodating Religion in the Workplace is a Balancing Act](https://todaysgeneralcounsel.com/accommodating-religion-in-the-workplace-is-a-balancing-act/) - Religious issues in the workplace often involve conflicting values and claims. Legally, both the federal Civil Rights Act and state anti-discrimination laws come into play. This article focuses on the federal law, which bars discrimination against employees on the basis of their religion by way of adverse employment actions, harassment, or the failure to reasonably
- [The NLRA Applies to Non-Union Businesses](https://todaysgeneralcounsel.com/the-nlra-applies-to-non-union-businesses/) - Many people equate “labor” with unions, and they assume that the National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB) do not apply to a non-union enterprise. But in fact the NLRA protects the rights of employees, union or non-union, in businesses whose operations “affect commerce.” That encompasses most employers. The protected
- [Friendly Fire from the SEC](https://todaysgeneralcounsel.com/friendly-fire-from-the-sec/) - In November of 2011, the SEC approved new rules imposing additional listing and disclosure requirements for companies seeking to go public through a reverse merger transaction. In a reverse merger, a private company merges into an existing exchange-traded public shell company with the public company surviving the merger. The new SEC rules prohibit a reverse
- [New Patent Law Challenges Legal Departments](https://todaysgeneralcounsel.com/new-patent-law-challenges-legal-departments/) - The America Invents Act, passed in 2011, represents the most significant reform of U.S. patent law since 1952, and it will dramatically reshape the way companies handle their patents. The American Invents Act overhauls the U.S. patent system, exchanging it for a more streamlined and global standard. Companies may end up spending unnecessary money on
- [IP and Information Technology Asset Management](https://todaysgeneralcounsel.com/ip-and-information-technology-asset-management/) - All companies need to update and protect their intellectual property assets at regular intervals, especially those companies that have recently undergone mergers or made acquisitions. Mergers and acquisitions raise IP challenges that begin during negotiation, with valuation of the target company’s assets. This requires careful planning regarding the post-merger fate of brands, trademarks, patents and
- [The 7th Circuit Pilot Program and How it Could Affect E-Discovery Practice](https://todaysgeneralcounsel.com/the-7th-circuit-pilot-program-and-how-it-could-affect-e-discovery-practice/) - In 2009, the Seventh Circuit’s Electronic Discovery Pilot Program was created by a committee of judges, attorneys, academics and consultants, with a goal of improving e-discovery-related procedures and reducing their cost. Now in the second of three projected phases, the program is likely to change the practice nation-wide, according to the authors. Practitioners and executives
- [Preventing an E-Discovery Cost Cascade](https://todaysgeneralcounsel.com/preventing-an-e-discovery-cost-cascade/) - Outmoded data collection technology usually results in one of two undesirable outcomes: too much data is collected, or too little. Too little runs the risk of failing to produce required information and consequent additional litigation and/or sanction costs. Producing too much data may reduce those risks to near zero, but, in what the author refers
- [E-Discovery Trends to Watch in 2012](https://todaysgeneralcounsel.com/e-discovery-trends-to-watch-in-2012/) - The amount of information that is electronically stored will continue its explosive growth in 2012. In response, litigants and the courts will look for innovative ways to reduce costs while still effectively managing litigation and regulatory matters. The author expects pricing models to come under increasing scrutiny, with clients demanding solutions that preserve the intellectual
- [Relevance Ranking is the Key to Early Case Assessment](https://todaysgeneralcounsel.com/relevance-ranking-is-the-key-to-early-case-assessment/) - This article considers the question of what is the best technology for doing Early Case Assessment (ECA), which is briefly defined by the author as the process of analyzing a subset of case-related information in order to determine whether to pursue the case. The author also addresses the question of whether it makes more sense
- [Trial Tactics in International Arbitrations](https://todaysgeneralcounsel.com/trial-tactics-in-international-arbitrations/) - International arbitrations are unique proceedings that can make successful advocacy a challenge. But by implementing tactics trial lawyers use to achieve courtroom success, parties can mitigate some of the challenges presented by the forum and use those procedures to their advantage. Much of the pre-hearing exchange of information in international arbitration is conducted through formal
- [Crisis Management Should Precede the Crisis](https://todaysgeneralcounsel.com/crisis-management-should-precede-the-crisis/) - In a communications environment increasingly driven by social media, the traditional conflict between corporate communicators and lawyers during corporate crises has abated, with both camps embracing the idea that preparation is crucial and the most important decisions about handling crises should be made before crises occur. Citing Weber Shandwick survey research, the author says that
- [Euro-Crisis Brings Endemic Problems to the Surface](https://todaysgeneralcounsel.com/euro-crisis-brings-endemic-problems-to-the-surface/) - Both the EU and the eurozone (the countries that have adopted the Euro) remain decentralized and weak, the author says, and the constituent national governments continue to maintain their individual prerogatives. At the same time, they remain acutely aware of the their own regional history and the potential dangers of extreme nationalism. Both tendencies are
- [Declining Dollar Impacts Outsourcing Market](https://todaysgeneralcounsel.com/declining-dollar-impacts-outsourcing-market/) - Recent changes in the global economy, the Federal Reserve’s loose monetary policy and historically high U.S. deficits have contributed to a rapid decline in value of the U.S. dollar. This decline is impacting the outsourcing market due to the overwhelming proportion of multi-year U.S. dollar denominated contracts. Profit margins on contracts are compressed because the
- [Local Jurisdiction Over Foreign Companies](https://todaysgeneralcounsel.com/local-jurisdiction-over-foreign-companies/) - Two Supreme Court decisions from last term could have a large impact on the business community. Both involved the scope of personal jurisdiction over foreign companies – that is, when a foreign company can be sued in a particular forum chosen by the plaintiff. Goodyear Dunlop Tires Operations, S.A. v. Brown addressed whether a foreign
- [Settlement Negotiations May Not Be Confidential](https://todaysgeneralcounsel.com/settlement-negotiations-may-not-be-confidential/) - During lawsuit settlement negotiations, parties often have candid and what they consider off-the-record discussions, sometimes under the mistaken impression that these discussions cannot be used against them in court under Rule 408 of the Federal Rules of Evidence. While the Rule does limit the admissibility of settlement communications, it is replete with exceptions. If a
- [Carrots, Not Sticks, to Fend Off Unions](https://todaysgeneralcounsel.com/carrots-not-sticks-to-fend-off-unions/) - New federal labor rules concerning unionization alter the current regime by limiting pre-election hearings to determining whether there is a “question concerning representation.” That question arises when a union files an election petition with the NLRB, supported by evidence that a requisite number of employees support a union but the employer has refused to recognize
- [Canadian Pension Plans Are Private Equity Heavyweights](https://todaysgeneralcounsel.com/canadian-pension-plans-are-private-equity-heavyweights/) - Canada’s public pension plans continue to be involved in high profile mergers and acquisitions globally despite the recent economic turmoil. They have developed a reputation as committed, patient investors who can understand and deal with the “J-curve” path of returns associated with many private equity investments. Their investments include passive limited partner investments in private
- [Private Equity Looks South](https://todaysgeneralcounsel.com/private-equity-looks-south/) - Canadian financial institutions are doing better than their U.S. counterparts, so they are buyers in cross-border mergers and acquisitions. They are acquiring capital and expertise while the global economy works in their favor. Law firms that figure prominently in these deals include Blake, Cassels & Graydon, and Torys LLP from Canada, and White & Case,
- [Can Internal Investigations be Kept From Shareholders?](https://todaysgeneralcounsel.com/can-internal-investigations-be-kept-from-shareholders/) - Addressing the question that titles this article, the author first considers the case of Mark Hurd, former chairman, president and CEO of Hewlett-Packard Company, as a cautionary tale. Internal investigations of sensitive issues in the corporation typically but not always fall under the attorney-client privilege or the work-product doctrine. An exception, discussed in the article,
- [Rougher Litigation Terrain For Non-Practicing Entities](https://todaysgeneralcounsel.com/rougher-litigation-terrain-for-non-practicing-entities/) - Recent trends in patent litigation have made lawsuits brought by non-practicing entities (NPEs) somewhat easier and cheaper to defend. Historically, many of these cases have settled based not on merits but as a function of defense costs. The new developments may shift the balance in the direction of merits-based case valuations. E-discovery is one of
- [What to Patent is a Strategic Question](https://todaysgeneralcounsel.com/what-to-patent-is-a-strategic-question/) - The strategic importance of a well-managed patent portfolio has the attention of many C-suite executives. For example, in 2011 Google Inc. offered $12.5 billion for a portfolio of 17,000 patents and 7,000 pending patent applications from Motorola Mobility. It was a clear indication of Google’s intent to expand and defend strategic growth in the smartphone
- [Protecting IP in Government Contracts](https://todaysgeneralcounsel.com/protecting-ip-in-government-contracts/) - The laws and regulations that dictate the rights the federal government receives in a contractor’s software and technical data are complicated. They differ depending on whether the contract is with a defense agency or a civilian agency, and whether the procurement is commercial or non-commercial. Historically, the government has received the same rights as the
- [Trade Secrets in the “Social” World](https://todaysgeneralcounsel.com/trade-secrets-in-the-social-world/) - Many companies use social media to promote their business, but in doing so they may be putting their trade secrets at risk. In the last year, several lawsuits involving trade secret misuse through LinkedIn, Twitter and MySpace have been filed. More are likely to follow. The most widely publicized of these cases, PhoneDog v. Kravitz,
- [Why Corporate Defendants Should Embrace E-Discovery](https://todaysgeneralcounsel.com/why-corporate-defendants-should-embrace-e-discovery/) - The burden of preserving electronic information applies equally to defendants and plaintiffs. Defendants that have prepared in advance for e-discovery requests, and even those that haven’t, are well positioned to not only respond responsibly, but to use e-discovery to their advantage. While the costs of preserving, collecting, and producing e-data will almost always be significantly
- [E-Discovery Data Subject to Export Control Laws](https://todaysgeneralcounsel.com/e-discovery-data-subject-to-export-control-laws/) - The Export Administration Regulations (EAR), enforced by the United States Department of Commerce, and the International Traffic in Arms Regulations (ITAR), enforced by the United States Department of State, require that businesses in selected industries ensure the security of data or “dual use” commercial items that could assist in developing military capability. Any corporation that
- [Digital Forensics and Discovery Management Are Certified Specialties](https://todaysgeneralcounsel.com/digital-forensics-and-discovery-management-are-certified-specialties/) - How electronic evidence is acquired can vary widely depending on whether the case is a criminal investigation, government investigation or civil litigation, but all these situations have common elements. Potential data sources have mushroomed so they now include, among others, PCs, servers, portable drives, tablets, mobile devices and the cloud. At the same time, circumstances
- [In-House E-Discovery Technology Invokes the Cloud](https://todaysgeneralcounsel.com/in-house-e-discovery-technology-invokes-the-cloud/) - A recent Harris Interactive-Kroll Ontrack survey found that 86 percent of Fortune 1000 corporations and medium-to-large law firm respondents “insource” some aspect of e-discovery. Striking the right balance between in-house and outsourced provider-based services can be difficult. In an outsourced model, service providers allow organizations to concentrate on core business functions or the merits of
- [Combating Trade Secret Theft Abroad Through Legal Action at Home](https://todaysgeneralcounsel.com/combating-trade-secret-theft-abroad-through-legal-action-at-home/) - A federal appeals court recently determined that the International Trade Commission has authority to bar importation of products made abroad using misappropriated trade secrets developed in the United States. The case involved Amsted Industries, which owned a secret process for manufacturing cast steel railway wheels, but no longer used it in the United States. It
- [Aggressive Fcpa Enforcement Getting Mixed Results](https://todaysgeneralcounsel.com/aggressive-fcpa-enforcement-getting-mixed-results/) - The government has been both aggressive and expansive in its enforcement of the Foreign Corrupt Practices Act. However, it has encountered challenges that demonstrate the difficulties presented by these complex cases. U.S. authorities have been able to expand the scope of the FCPA in settled cases involving corporations, but have suffered significant setbacks when trying
- [Law Departments Leverage Analytics](https://todaysgeneralcounsel.com/law-departments-leverage-analytics/) - The metrics gleaned from analyzing data can help the law department emerge as a strategic partner in the business. Outside counsel fees represent a significant portion of overall spending in many departments, and e-billing solutions can provide the insight necessary to control those costs. However, to optimize performance, gain greater efficiency and make more informed
- [Many Defective Mortgages Are Salvageable](https://todaysgeneralcounsel.com/many-defective-mortgages-are-salvageable/) - A mortgage may be legally defective for a variety of reasons: The property description may be flawed; it may lack an essential affidavit; or it may be missing a signature. Such seemingly minor defects can cause problems when a bank seeks to foreclose and faces adverse claims from judgment creditors, competing mortgagees and tax authorities
- [Top Five Mistakes Companies Make When Confronted With a Search Warrant](https://todaysgeneralcounsel.com/top-five-mistakes-companies-make-when-confronted-with-a-search-warrant/) - If your company is ever the subject of a search warrant, there are several mistakes that are certain to make a bad situation worse, according to the author, the Chair Elect of the ABA’s Criminal Justice Section. The first thing to remember is that you are no longer in control of your office or factory.
- [Unconscionability Claims Still Breathing](https://todaysgeneralcounsel.com/unconscionability-claims-still-breathing/) - Before the U.S. Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion, states often overturned arbitration agreements with class action waivers based on the doctrine of unconscionability. After Concepcion, it is clear that a class action waiver alone will not invalidate arbitration requirements. But the business community should recognize that the courts are still invoking
- [Coordinated Witness Preparation for Employment Litigation](https://todaysgeneralcounsel.com/1723-2/) - The defense of a labor and employment case that is headed toward trial is often based on the testimony of a variety of employees, most of whom are disinterested in the trial and appalled at the prospect of testifying. According to the author, counsel can create a strong defense out of this disadvantageous scenario through
- [Shut Up and Stand Still](https://todaysgeneralcounsel.com/shut-up-and-stand-still/) - Parties contemplating an M&A transaction typically enter into a confidentiality agreement (CA) to facilitate the exchange of non-public information. The parties may include a standstill clause, which aims to protect the target from a hostile takeover attempt by an acquirer with access to the target’s confidential information. The risk of non-compliance can be severe, as
- [Canadians Bought, U.S. Sold in First Quarter](https://todaysgeneralcounsel.com/canadians-bought-u-s-sold-in-first-quarter/) - Canadian companies are becoming the dominant bidders in U.S.-Canada cross-border M&A deals. A strong Canadian dollar, weaker valuations in the United States and the loosening of purse strings in the credit market help to create a buyers’ market, as do perceptions that the United States is still a safe haven (compared to Europe and emerging
- [The Evolving Role of the General Counsel](https://todaysgeneralcounsel.com/the-evolving-role-of-the-general-counsel/) - A recent Deloitte Financial Advisory Services LLP poll of 1,300 business professionals found that nearly two-thirds of respondents believe that market volatility has driven increased collaboration among C-suite executives. A significant percentage – 41 percent – reported that the collaboration between the GC and CFO at their companies is high, while 25 percent said the
- [Prioritizing Your Patent Application](https://todaysgeneralcounsel.com/prioritizing-your-patent-application/) - An expedited procedure for examining U.S. patent applications, called Prioritized Examination, or “PE,” has been implemented by the America Invents Act, which was signed into law by President Obama in September 2011. The goal of PE is for qualified U.S. patent applications to reach final disposition within 12 months. This represents an inexpensive alternative to
- [Reconsider the Way You Protect New Ideas](https://todaysgeneralcounsel.com/reconsider-the-way-you-protect-new-ideas/) - Most corporate legal departments have established processes to translate new ideas into patents. In many companies this approach is automatic, and trade secrets are not part of the conversation. Developments in both patent and trade secret law, however, suggest that it is time to revisit this approach. There is increasing appreciation for the flexibility of
- [How to Handle Audio, the Forgotten Esi](https://todaysgeneralcounsel.com/how-to-handle-audio-the-forgotten-esi/) - As early as the year 2000, federal courts acknowledged that discoverable electronically stored information (ESI) included audio. Audio stored in digital formats is now found in a variety of storage systems and locations, and courts are likely to impose sanctions based on failure to adequately identify, preserve and disclose “sound recordings.” Failure to identify and
- [Digital and Paper Records in  Law Firms, Legally Wed](https://todaysgeneralcounsel.com/digital-and-paper-records-in-law-firms-legally-wed/) - About one third of all law firms have a formal policy for managing paper records, but no policy for managing their digital records, according to survey taken by the author’s company. She suggests formulating a unified policy in preparation for the time when almost all records except for hard copy documents required by law will
- [M&A Trends to Watch for the Rest Of 2012](https://todaysgeneralcounsel.com/ma-trends-to-watch-for-the-rest-of-2012/) - According to Thomson Reuters, the value of announced M&A transactions during the first quarter of 2012 was down 15 per cent from the fourth quarter of 2011. Despite the slow start, there are some encouraging signs as the uneasiness appears to be gradually waning and being replaced by modest confidence in the deal markets. The
- [Avoiding Pitfalls in Energy Performance Contracting](https://todaysgeneralcounsel.com/avoiding-pitfalls-in-energy-performance-contracting/) - Performance contracting can be a way for facility owners or operators to “go green” and save money. What that means is that contractors include service and equipment packages which provide retrofits that increase efficiency by reducing energy consumption. Performance contracts are different from routine installation or construction contracts. They offer to the facility owner the
- [RFPs Are an Overlooked Opportunity for Law Firm Cost-Savings](https://todaysgeneralcounsel.com/rfps-are-an-overlooked-opportunity-for-law-firm-cost-savings/) - Law firms typically list their top four expenses (lowest to highest) as wages, rent, insurance and support services. With regard to support services contracts, most firms continue to sign them with little industry comparison. According to the author, this represents a lost opportunity for savings. He says that an open request for proposal (RFP) process
- [Precautions Essential in Multinational Agreements](https://todaysgeneralcounsel.com/precautions-essential-in-multinational-agreements/) - General counsel and CFOs know about the high cost of litigation, including the cost of litigating such avoidable issues as choice of forum or law. But they should also be aware that such costs can be much higher when the contract involves parties from multiple countries, in which case it is important to consider carefully
- [New Ways To Reduce Litigation Costs](https://todaysgeneralcounsel.com/new-ways-to-reduce-litigation-costs/) - The major cost driver in litigation is not the trial, but rather the many expensive and time consuming pretrial tasks. Those costs have ballooned in recent years, with e-discovery alone averaging millions of dollars in medium-size cases. The author considers two recent developments that have the potential to significantly shorten the dispute process and reduce
- [Multinational M&A Review Often Requires Translated Documents](https://todaysgeneralcounsel.com/multinational-ma-review-often-requires-translated-documents/) - Until recently, according to the authors, the FTC viewed the matter of non-English-language documents during the discovery process with some flexibility. Today, the FTC often makes a second request, in which it requires translated documents. The prevalence of Foreign Corrupt Practices Act (FCPA) cases is another factor in the growing need for translation processes. Legal
- [Securities Class Action Settlements Decline, but Accounting Issues Remain](https://todaysgeneralcounsel.com/securities-class-action-settlements-decline-but-accounting-issues-remain/) - There was a decrease in the volume and value of securities class action settlements in 2011, but there is reason to expect that this is a temporary dip and that accounting issues will remain important in securities litigation. In 2011, there were 65 securities class action settlements, with a median settlement amount of approximately $6
- [Reducing Corporate Retiree Health Care Costs](https://todaysgeneralcounsel.com/reducing-corporate-retiree-health-care-costs/) - The cost of post-retirement health benefits must be set forth in a company’s filings with the Securities and Exchange Commission. Depending on the size of the company and the pool of covered workers and retirees, these costs can run well into the millions, and in some cases billions, of dollars. Many companies have changed or
- [Valuation Key to Managing IP](https://todaysgeneralcounsel.com/valuation-key-to-managing-ip/) - This article summarizes procedures to measure, control and exploit a company’s intellectual property. The author, a certified public accountant accredited in business valuation, says that in-house counsel are in a unique position to recommend and implement these procedures. CPA/ABVs apply generally accepted approaches and procedures to conclude on the value, inter-company transfer price, license royalty
- [Business-Method Patent Law in U.S., Canada, Seemingly in Synch](https://todaysgeneralcounsel.com/business-method-patent-law-in-u-s-canada-seemingly-in-synch/) - The decision of the Canadian Federal Court of Appeal in Amazon.com Inc. v. Canada provides the latest word on the patentability of computer-implemented inventions and business method patents in Canada. The recent development of Canadian law has paralleled that of the United States in cases such as Bilski v. Kappos and Mayo Collaborative Services v.
- [Shifting E-Discovery Costs to the Losing Party](https://todaysgeneralcounsel.com/shifting-e-discovery-costs-to-the-losing-party/) - The escalating costs of electronic discovery are a major factor in formulating litigation strategy, but state and federal courts are not uniform in the way they assess and allocate those costs after a party prevails. Recently there was a trend to allow more cost shifting to the losing party, but two recent court decisions appear
- [The 10,000 Document Rule: The Unspoken Beginning of E-Discovery Understanding](https://todaysgeneralcounsel.com/the-10000-document-rule-the-unspoken-beginning-of-e-discovery-understanding/) - Much attention has been devoted to e-discovery technology and its impact on document review. What is not being discussed, the author says, is the level of human review necessary to evaluate a document set, regardless of technology culling capabilities. Accordingly, he posits “The 10,000 Document Rule.” It states that a review team does not have
- [Information Governance Creates Opportunities in Asia](https://todaysgeneralcounsel.com/information-governance-creates-opportunities-in-asia/) - As the amount of data and the number of content sources grow due to the globalization of business, lawyers proficient in e-discovery processes, information governance and their enabling technologies can look to the Asia Pacific region for business opportunities. Compliance is a main business driver for archiving data in Asia, but the technology that accomplishes
- [Bringing E-Discovery Processing Back In-House](https://todaysgeneralcounsel.com/bringing-e-discovery-processing-back-in-house/) - Cost control is a number one issue for most company and organization legal departments, and their litigation budgets – specifically data management and e-discovery – has become a primary focus for cost-savings. Bringing e-discovery processing in-house is one important option for reducing costs. Favorably priced data analysis and processing solutions now on the market can
- [New Threats, New Legal Developments, in Cybersecurity](https://todaysgeneralcounsel.com/new-threats-new-legal-developments-in-cybersecurity/) - Our economic activities, social lives and physical safety increasingly depend on computers and other devices linked through the Internet. Protecting those systems and the information they contain has become a national imperative. In the past decade, an increasingly sophisticated cybersecurity industry has grown up to contend with the growing array of threats posed by cyber
- [The Globalization of Corporate Responsibility](https://todaysgeneralcounsel.com/the-globalization-of-corporate-responsibility/) - In today’s global marketplace, where ideas are as coveted as any other commodity, emerging market corporations are showing Europe and North American-based companies new approaches to sustainable business practices, the author writes. He suggests we pay close attention to how rivals from emerging economies tackle what has come to be known as Corporate Social Responsibility
- [Good Reasons to Weigh in for the Lame Duck Session](https://todaysgeneralcounsel.com/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 may be the most productive months of the legislative year: the so-called lame duck session, from the November election through the end of December. There are five key initiatives that Congress needs to tackle by
- [Ensuring a Cost-Efficient Arbitration](https://todaysgeneralcounsel.com/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 into the arbitration process that’s becoming less of an advantage. Parties often spend significant time and resources fighting over issues that could have been addressed easily when they wrote the arbitration clause of their contract.
- [Resolving Criminal Investigations Prior to Indictment](https://todaysgeneralcounsel.com/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 and emails relating to the possible submission of false claims to the Government. As Arthur Andersen L.L.P. discovered, a conviction can be a corporate death sentence. However, since Andersen’s demise, the DOJ’s attitude toward criminal
- [Summary Jury Trials as an Alternative to Litigation](https://todaysgeneralcounsel.com/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 trials” could provide an affordable solution to that problem, according to the author. In a summary jury trial, both parties participate in an abbreviated, mock trial before an advisory jury. The process is non-binding, and
- [FCPA Needs Fine Tuning, Says Former AG](https://todaysgeneralcounsel.com/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 to complaints that the statute places U.S. companies at a disadvantage with respect to their foreign competitors. The FCPA gives prosecutors tremendous discretion in defining its scope, and thus tremendous leverage in charging decisions. Corporations
- [New Protections for 
Transgender Status](https://todaysgeneralcounsel.com/new-protections-for-transgender-status/) - The Equal Employment Opportunity Commission has reversed its own precedent and extended the anti-discrimination protections of Title VII of the Civil Rights Act of 1964 to discrimination based on gender identity, change of sex and/or trans-gender status. In Macy v. Holder (decided April 2012), the complainant, Mia Macy, a transgender woman, applied for an open
- [Canada Seeing Influx of Retailers](https://todaysgeneralcounsel.com/canada-seeing-influx-of-retailers/) - Many retailers are establishing subsidiary operations in Canada because the economic situation there is better than in most countries, and retail spending remains relatively robust. But there are legal issues that must be addressed in connection with Canadian market entry, and they are not confined to the obvious ones of store leasing and employment. Sound
- [What to Expect in the 2013 
Say-On-Pay Season](https://todaysgeneralcounsel.com/what-to-expect-in-the-2013-say-on-pay-season/) - The introduction of mandatory say-on-pay pressured companies and compensation committees to ensure that pay programs were aligned with company performance and strong governance practices. Where companies have failed to convince stockholders that executive pay is fair and warranted, one of two conditions has typically been present: (1) poor total shareholder return (TSR) without an accompanying
- [How to Look at Patent Case Juries](https://todaysgeneralcounsel.com/how-to-look-at-patent-case-juries/) - The number of words in the description section of a patent has increased exponentially over the past 20 years. Patent disputes often boil down to a fact finder’s interpretation of a minuscule subset of the patent’s highly technical language. But the authors find that no matter how many or few the disputed terms, the typical
- [Burgeoning Intellectual Property Theft Often an Inside Job](https://todaysgeneralcounsel.com/burgeoning-intellectual-property-theft-often-an-inside-job/) - Figures released by the Department of Justice and various private sector institutions show an increase in computer security incidents. Many incidents are not reported, out of concern for company reputations, so the true extent of the damage, especially as it impacts intellectual property, could be staggering. Typically, the authors note, the value of IP for
- [A Fast Track for Your Patent Portfolio](https://todaysgeneralcounsel.com/a-fast-track-for-your-patent-portfolio/) - New programs have emerged recently that permit companies to accelerate patent prosecution worldwide. As part of the America Invents Act, Congress gave the U.S. Patent and Trademark Office (USPTO) a mandate to create a special fast-track examination program. The goal is disposal of the application within one year, and the program seems to be meeting
- [Predictive Coding is not a Magic Wand](https://todaysgeneralcounsel.com/predictive-coding-is-not-a-magic-wand/) - Predictive coding is a process by which attorneys review a small sample of a large volume of documents, according to their specifications. Their review pattern is then applied to the larger document set using a “content clustering” or “find-similar” calculation. This allows a large number of documents to be reviewed without attorneys having to spend
- [Using “GARP” to Minimize Risk](https://todaysgeneralcounsel.com/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 establish and monitor an effective information governance program and minimize information-related risk. The principles were developed with the assistance of records and information management, legal and IT professionals. Complying with the eight GARP principles assures
- [Competent Representation Must Include E-Discovery Competence](https://todaysgeneralcounsel.com/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. Competent representation includes legal knowledge and skill, but what constitutes legal knowledge and skill evolves as times change. Now, because e-discovery has become such a large part of the overall discovery process, it has become
- [Courts are Testing and Accepting Technology-Assisted Review](https://todaysgeneralcounsel.com/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 attorney analysis and computer intelligence. Through the TAR process, experienced attorneys use classifiers to train a computer system to sort millions of documents, eliminating the costly process of physically analyzing each document. Opponents of the
- [A Systematic Approach to Custodian Interviews](https://todaysgeneralcounsel.com/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 task of primary urgency in all forms of litigation. Interviews with employees who have custody of information are an essential step in meeting preservation and discovery obligations. Legal teams must approach these interviews in a
- [Ways Attorneys Waste Money](https://todaysgeneralcounsel.com/ways-attorneys-waste-money/) - In order to trim legal bills, attorneys have to look for creative ways to keep overhead low while still en-suring the quality of their work. The author identifies some common practices that inflate attorney costs. Motions, for example, are often unnecessary, serving no strategic purpose and having no effect on the case outcome. Since most
- [Jury Still Out on Email Notification of a Class Action](https://todaysgeneralcounsel.com/jury-still-out-on-email-notification-of-a-class-action/) - Under Rule 23, individual notice in class action cases has been required as the best notice practicable under the circumstances since 1974. Although notice has been traditionally made via first-class mail, email notification is becoming increasingly common as a secondary notification method. Courts remain conflicted about it, but tend to agree that, when possible, direct
- [One Way to Manage Risk When Contracting for it Service Workers](https://todaysgeneralcounsel.com/one-way-to-manage-risk-when-contracting-for-it-service-workers/) - Service providers are increasingly using contingent workers, mostly independent contractors, to handle on-site IT service work. This strategy enables the fulfillment of work on demand and helps service companies lower costs. Use of independent contractors in this capacity has spurred development of “Variable La-bor Management Platforms.” A VLMP is a web or cloud-based service that
- [A Primer for Chinese Investment in America](https://todaysgeneralcounsel.com/a-primer-for-chinese-investment-in-america/) - Chinese investors seeking to establish business in the United States should initially invest in minority shares of non-threatening industries that are remote from national security considerations. This strategy of picking ripe “low hanging fruit” by staying under the radar avoids traditional protectionist and security arguments against foreign investment, the author says. Challenges on those grounds
- [Insurance Coverage for Fcpa Investigations](https://todaysgeneralcounsel.com/insurance-coverage-for-fcpa-investigations/) - Many companies faced with an FCPA investigation will have to rely on their Directors and Officers liability coverage. Other policies (e.g., Errors and Omissions) also could apply, depending on policy language. In general, D&O policies cover defense costs and civil damages arising from alleged “wrongful acts.” When a company’s policy contains restrictive language, substantial portions
- [Your Company May Not Own its Social Media Accounts](https://todaysgeneralcounsel.com/your-company-may-not-own-its-social-media-accounts/) - As employees promote themselves as well as their companies on social networking platforms, some questions inevitably arise. If an employee and the employer share in creating content, making connections, and bringing in customers through such social media sites, who owns the social media account, not to mention its content or the benefits that it generates?
- [Tax-Advantaged Transfer Pricing for Intellectual Property](https://todaysgeneralcounsel.com/tax-advantaged-transfer-pricing-for-intellectual-property/) - The IRS has 160 pages of transfer pricing regulations. They can appear intimidating, but they can also offer a powerful tool to lower the taxes of a multi-national corporation. Although the IRS regulations provide a lengthy list of intellectual property for tax purposes, IP can be broken down into trade intangibles (i.e., patents, trademarks, designs,
- [Canada’s New Appetite for Antitrust Litigation](https://todaysgeneralcounsel.com/canadas-new-appetite-for-antitrust-litigation/) - Commissioner of Competition v CCS Corporation, decided in May 2012, was only the sixth litigated merger in Canada’s history. In bringing – and winning – the case, the Canadian Competition Bureau demonstrated to the Canadian marketplace that antitrust enforcement will have to be taken seriously. According to the authors, investors and companies doing business in
- [New Standards for Aiding and Abetting](https://todaysgeneralcounsel.com/new-standards-for-aiding-and-abetting/) - In a recent case, SEC v. Joseph F. Apuzzo, a three-judge panel of the Second Circuit Court of Appeals made it significantly easier for the SEC to hold individuals liable for aiding and abetting another’s securities fraud. The Supreme Court’s decision in Janus Capital Group, Inc. v. First Derivative Traders, and amendments contained in the Dodd-Frank Wall
- [Third Party Submissions in Pending Patents](https://todaysgeneralcounsel.com/third-party-submissions-in-pending-patents/) - A significant provision of the America Invents Act defines a procedure by which a third party can submit publications, as well as a description of their relevance, into the file of a pending patent application at the U.S. Patent and Trademark Office. Thus what had almost always been an exclusively ex parte process (one that
- [What Not to Say to Competitors, Post-Medimmune](https://todaysgeneralcounsel.com/what-not-to-say-to-competitors-post-medimmune/) - Prior to the Supreme Court’s decision in MedImmune v. Genentech, courts used a “reasonable apprehension of suit” test developed by the Federal Circuit to determine whether there was an actual controversy sufficient to allow for declaratory relief in matters of potential patent infringement. To find declaratory judgment jurisdiction, courts looked for an express or implied threat
- [Copyright Issues Proliferate on the Net](https://todaysgeneralcounsel.com/copyright-issues-proliferate-on-the-net/) - As companies realize the extent of their own copyrighted works, they also find they are prolific users of the copyrighted content of others. Most articles, newsletters, graphics and images that find their way into the workplace are subject to copyright protection. Email is the primary vehicle by which workers move information. Surveys have found that
- [How to Confront an NPE](https://todaysgeneralcounsel.com/how-to-confront-an-npe/) - In the vocabulary of intellectual property practice, a non-practicing entity (NPE) is a company whose business model consists of acquiring and enforcing patents through cease and desist demands, licensing schemes or lawsuits. NPEs generally have no interest in developing or selling products or services. They generate revenue by threatening legal action and extracting settlements from
- [Using Discovery and Information Management Technology Efficiently](https://todaysgeneralcounsel.com/using-discovery-and-information-management-technology-efficiently/) - A common misperception is that if we could figure out the right e-discovery technology, a lot of money could be saved. The reality, the author says, is that we should be focusing the discussion on workflow instead of technology costs. If data is managed well upstream, it makes a huge impact on any future discovery
- [Mitigating Litigation Risk of Inherently Dangerous Products](https://todaysgeneralcounsel.com/mitigating-litigation-risk-of-inherently-dangerous-products/) - This articles addresses the litigation threat to companies whose products are inherently dangerous. By way of example, the authors consider the case of Blitz USA, a gasoline container manufacturer which announced that it would cease operations last June. Blitz attributed its demise to the cost of product liability lawsuits brought by plaintiffs alleging personal injury
- [The Era of the Whistleblower has Arrived](https://todaysgeneralcounsel.com/the-era-of-the-whistleblower-has-arrived/) - In recent years there has been a major expansion in the scope of whistleblower incentives and protections. A former banker at UBS recently received $104 million for reporting alleged tax evasion by UBS. This is believed to be the largest ever tax-related whistleblower award to an individual. The award was made pursuant to 2006 amendments
- [Addressing Security Risks in the New Technologies](https://todaysgeneralcounsel.com/addressing-security-risks-in-the-new-technologies/) - The emergence of cloud computing over the past several years has triggered new information security concerns. Despite the fact that more service providers are offering increased levels of security and 24-hour support, the idea of placing large amounts of confidential data in the cloud makes many lawyers cringe and continues to prevent many businesses and
- [Five Litigation Trends that can Keep Executives Awake at Night](https://todaysgeneralcounsel.com/five-litigation-trends-that-can-keep-executives-awake-at-night/) - The author identifies several trends in litigation that should be of concern to executives. First on his list is false advertising claims. These include false benefit claims, false claims about how the product is constituted and false claims about performance. False advertising claims can extend to almost any product or service, but are particularly popular
- [Franchisors Wince as Some Courts Re-Label Franchisees as Employees](https://todaysgeneralcounsel.com/franchisors-wince-as-some-courts-re-label-franchisees-as-employees/) - The franchise community was shaken following a series of court decisions that relabeled franchisees as employees of the franchisor. Jani-King and Coverall North America, two of the largest commercial cleaning franchisors, have been busy defending themselves from labor law claims brought by franchisees seeking minimum wage, overtime pay, and other employment-related benefits. Franchisors operating in
- [Has the Supreme Court Cleared the Tracks for Mandatory Arbitration in Consumer Contracts?](https://todaysgeneralcounsel.com/has-the-supreme-court-cleared-the-tracks-for-mandatory-arbitration-in-consumer-contracts/) - Bilateral arbitration clauses (clauses that require arbitration and waive class proceedings), which have become common in standard consumer and employment contracts, have been targeted by class action lawyers and consumer groups. In the past two terms, the Supreme Court bolstered private arbitration of consumers’ and employees’ commercial disputes. In 2011, AT&T Mobility LLC v. Concepción rejected the
- [What Does Daca Mean for Employers?](https://todaysgeneralcounsel.com/what-does-daca-mean-for-employers/) - The Deferred Action for Childhood Arrivals (DACA) initiative is a temporary solution for undocumented immigrants 15 to 30 years old, as well as for future applicants now 5 to 14 years old. Applicants must have been brought to the United States as children and educated in the U.S. educational system. DACA recipients receive “deferred action,”
- [Challenges of Asian Language E-Discovery](https://todaysgeneralcounsel.com/challenges-of-asian-language-e-discovery/) - As e-discovery reaches into Asia, global companies face unfamiliar challenges. The so-called CJK languages (Chinese, Japanese and Korean) are difficult to search and review. The cultural and political climate of Asian nations differ sharply, and each of these languages presents unique problems. The key to solving them is to assemble the right team as early
- [Competition, Cartels and Canada](https://todaysgeneralcounsel.com/competition-cartels-and-canada/) - Antitrust agencies in the U.S. and Canada have programs designed to encourage cartel participants to alert authorities about the existence of a cartel and cooperate in the ensuing investigation and prosecution. In exchange, cooperating parties receive immunity, or leniency in the form of lower recommended sentences. A recent case of the Federal Court of Canada,
- [Corporate Counsel in the Crosshairs](https://todaysgeneralcounsel.com/corporate-counsel-in-the-crosshairs/) - In regulatory and criminal investigative matters, an in-house attorney often faces a dilemma – how to balance the duty of loyalty to the corporation against the duty of care if he or she finds out about corporate missteps. The author analyzes the case of an associate general counsel at a leading pharmaceutical company who handled
- [Theft of Critical Information by Insiders](https://todaysgeneralcounsel.com/theft-of-critical-information-by-insiders-2/) - Theft of trade secrets and other business critical information by employees and other insiders is increasing at alarming rates and costing businesses billions of dollars annually. In one recent case, DuPont was awarded nearly $1 billion in damages after a former DuPont employee was found to have shared confidential information with a competitor. The theft
- [When is a Freedom to Operate Opinion Cost-Effective?](https://todaysgeneralcounsel.com/when-is-a-freedom-to-operate-opinion-cost-effective/) - Most companies understand the value of applying for patents on inventions before launching a product. But...
- [Information Technology Outpacing Information Law](https://todaysgeneralcounsel.com/information-technology-outpacing-information-law/) - In seeming accord with various informal laws suggested by physicists and engineers (the most well known being Moore’s law, which says that processing power of a microchip doubles every 18 months), information technology is changing so rapidly that civil law and regulation can’t keep up. The author sees it as a case of Star Wars
- [Government Knowledge Defense Against Whistleblowers](https://todaysgeneralcounsel.com/government-knowledge-defense-against-whistleblowers/) - The False Claims Act allows private persons, known as “relators” or whistleblowers, to bring suit on behalf of the government and share in any recovery obtained. The FCA often generates multimillion dollar recoveries. In fiscal year 2012, federal and state governments took in over $9 billion under the False Claims Act and state counterparts. The
- [Technology Can Improve Law Department Performance](https://todaysgeneralcounsel.com/technology-can-improve-law-department-performance/) - A survey conducted by the author’s firm examined the current workflow environment in legal departments and identified three key challenges: keeping track of matter details and tasks; managing work product; and meeting increased expectations of 24/7 availability and global collaboration. Respondents identified specific problems, such as document retrieval, task management, prioritization difficulties, and trying to
- [Litigation Risk for Website and Mobile Apps Marketing](https://todaysgeneralcounsel.com/litigation-risk-for-website-and-mobile-apps-marketinging-legal-challenges/) - As the year 2013 began, more than 180 consumer class actions regarding the relatively common practice of companies tracking user behavior on line and via mobile devices were pending. Any company that advertises using a website or mobile apps should pay close attention to this trend. Online behavioral advertising (OBA) is the term used to
- [Caution Required when Using Managerial Accounting Data in Court](https://todaysgeneralcounsel.com/caution-required-when-using-managerial-accounting-data-in-court/) - Managerial accounting data can be used in expert analyses conducted in at least two types of antitrust litigation: predatory pricing and price fixing. A central allegation in predatory pricing cases is that a company is pricing its products below what is profitable in order to drive out competition and create a monopoly. Profitability is typically
- [Arbitration- Litigation Choice Not Always Obvious](https://todaysgeneralcounsel.com/arbitration-litigation-choice-not-always-obvious-2/) - Compared to traditional litigation, arbitration is often viewed by in-house and outside counsel alike as a preferable method of resolving commercial disputes. Many in the corporate legal community have long held this to be the case, based on the assumption that arbitration is less costly, speedier and less adversarial than litigation. These assumptions have been
- [Five Trends to Watch as Power, Responsibility, Shift to In-House Legal Departments](https://todaysgeneralcounsel.com/five-trends-to-watch-as-power-responsibility-shift-to-in-house-legal-departments/) - Cost-containment and resource efficiency remain essential goals for legal departments, but are no longer the primary concern. In-house teams are increasingly taking lead roles in their work with outside firms, and general counsel are assuming more influence at the executive level, as power shifts toward in-house departments. Maturing law departments are aligning themselves with business
- [Law Firm Hiring 2014](https://todaysgeneralcounsel.com/law-firm-hiring-2014/) - In-house lawyers polled on their department hiring practices. Why law firms are hired and fired.
- [More States Ban Hiring Discrimination Against the Unemployed, Feds May Follow](https://todaysgeneralcounsel.com/states-ban-hiring-discrimination-unemployed-feds-may-follow/) - Discrimination against the long-term unemployed has been a concern for both federal and state lawmakers over the past few years. Today the long-term unemployed make up nearly 36 percent of the unemployed total, as compared with 10 to 20 percent historically. While there is currently no federal law prohibiting discrimination against the unemployed, some states
- [Setting Up an Alternative Workweek in California](https://todaysgeneralcounsel.com/setting-alternative-workweek-california/) - The California Labor Code has some flexibility when it comes to employee work schedules, with the “Alternative Workweek Schedule.” Generally an employer must pay employees time-and-a-half when they work over eight hours but under 12 hours in one day, over 40 hours in one week, and up to eight hours on a seventh consecutive day
- [Internal Procedures and Third Party Agreements Under the Aia](https://todaysgeneralcounsel.com/internal-procedures-third-party-agreements-aia/) - The America Invents Act introduced sweeping changes to patent law in the United States, among them the “first to file” system, which became effective on March 16, 2013. Before that patent law followed a first- to-invent paradigm. All businesses have agreements with independent contractors, key suppliers, customers, and/or joint ventures. Under first-to-invent, in most business
- [Ten Things to Check on Your E-Discovery Bill](https://todaysgeneralcounsel.com/ten-things-check-e-discovery-bill/) - E-discovery bills are often overlooked as a source of potential cost cutting, for a number of reasons. Many corporations contract directly with their e-discovery vendors. Outside counsel, who use the services, do not see the bills. In many cases, the person reviewing the bills simply does not have a good grasp of the process and
- [Mitigating the Risk of Written Communications](https://todaysgeneralcounsel.com/mitigating-risk-written-communications/) - With the prevalence of electronic communications – email, texting, social media postings – reviewing attorneys are often buried in material, but powerful algorithms that can electronically sort through those communications make opposing counsel more likely than ever to find the smoking gun that can destroy a case. The response of corporate America has been largely
- [What the Kahn Decision Says About “Special Committees”](https://todaysgeneralcounsel.com/kahn-decision-says-special-committees/) - The recent decision by the Delaware Supreme Court in Kahn v. M&F Worldwide Corp. has generated extensive commentary. That decision held that the relatively deferential “business judgment” standard of review, rather than the more exacting “entire fairness” standard, may be applied in controlling-shareholder merger transactions if certain procedural protections are in place from the outset
- [Canada Decision Poses Antitrust Risk for U.S. Manufacturers](https://todaysgeneralcounsel.com/canada-decision-poses-antitrust-risk-u-s-manufacturers/) - Last fall, Canada’s Supreme Court released three class action certification decisions with wide-ranging implications for U.S. companies supplying goods or product components in Canada. The decisions mean that individuals or companies that have acquired products from resellers (indirect purchasers) can bring class actions for damages based on violations of Canada’s competition laws. This is in
- [Internal Fraud Investigation: The First Five Days](https://todaysgeneralcounsel.com/internal-fraud-investigation-first-five-days/) - This article describes how to initiate an investigation into fraud allegations in a way that maximizes the company’s chance of recovering losses. It outlines actions that should occur within the first few days in order to secure evidence, organize resources, and evaluate the substance of the charge. The company should develop an incident response plan
- [Preserving Privilege in Internal Investigations](https://todaysgeneralcounsel.com/preserving-privilege-internal-investigations/) - The U.S. Court of Appeals for the D.C. Circuit recently vacated the district court’s decision in In re: Kellogg Brown & Root, a case that could have radically changed the way that companies conduct internal investigations. The lower court had ruled that the documents at issue were created pursuant to a “compliance investigation required by
- [Avoiding Performance Pitfalls Under Government Contracts](https://todaysgeneralcounsel.com/avoiding-performance-pitfalls-government-contracts/) - During the competition phase, it’s easy for a contractor to assume that the contract will be successful and profitable, despite concessions and aggressive assumptions. But much of contract performance is outside the control of the contractor. Among developments to note: There are several provisions of the National Defense Authorization Acts for 2013 and 2014 that
- [Who Can Be a False Claims Act Whistleblower?](https://todaysgeneralcounsel.com/can-false-claims-act-whistleblower/) - Last year, the U. S. Department of Justice collected $3.8 billion from suits under the False Claims Act. Whistleblower suits represented the major portion – $2.9 billion – of that recovery. The DOJ opened 846 new False Claims Act cases in 2013, the majority of which (753) were whistleblower suits. In a False Claims Act
- [Arbitration Trends 2014](https://todaysgeneralcounsel.com/arbitration-trends-2014/) - How in-house attorneys use, and don’t use, the process.
- [The Complexities of Leave of Absence Law](https://todaysgeneralcounsel.com/complexities-leave-absence-law/) - The Family Medical Leave Act (FMLA) provides eligible employees with 12 weeks of unpaid medical leave per year, but employers must consider additional leave required by a number of other laws, including the Americans with Disabilities Act (ADA), state disability anti-discrimination laws and, increasingly, state and municipal paid sick leave laws that address absences arising
- [Noose is Tightening Around Abstract Business Method Patents](https://todaysgeneralcounsel.com/noose-tightening-around-abstract-business-method-patents/) - In Alice Corp. V. CLS Bank, the Supreme Court ruled that an abstract idea – in this case, use of a neutral intermediary party as an escrow agent – cannot be patented, and the fact that the patent claims to administer the escrow relationship using a computer made no patentable difference. Few expected the Alice
- [Using Analytics to Clean Out the Esi Garage](https://todaysgeneralcounsel.com/using-analytics-clean-esi-garage/) - As time passes and we acquire more “stuff,” it gets harder to winnow down our possessions. Who longs to spend the weekend cleaning the garage? It’s easier to keep piling things up, with no discipline for storage or removal. The same issues pervade the electronic information management environment; the overwhelming volumes of data generated daily
- [Over Preservation is a Self-Imposed Sanction](https://todaysgeneralcounsel.com/preservation-self-imposed-sanction/) - Data preservation is the foundation of a defensible e-discovery process. When a party is sanctioned for e-discovery mistakes, it usually involves failing to preserve electronically stored information (ESI). While the legal duty to preserve potentially relevant evidence is understood by corporate legal teams, the methods for carrying it out are at issue in the courts.
- [Supreme Court Should Address Ambiguous Federal Pleading Standards](https://todaysgeneralcounsel.com/supreme-court-address-ambiguous-federal-pleading-standards/) - The predominant factor driving litigation costs today is e-discovery. In a recent study analyzing the cost of litigation across 57 large cases, the RAND Institute for Civil Justice concluded that the cost of pre-trial document production alone was as high as $27 million in a single case and had a median cost per action of
- [Communicating About Risk](https://todaysgeneralcounsel.com/communicating-risk/) - Productive risk assessment requires clear, direct communication among CEO, CFO, CLO and other executives. But when each member of an executive team is focused on a different type of risk, such communication can be difficult. In order to put an effective risk management program in place, there must be a common language to discuss risks
- [Burying Bribes in the Books and Records](https://todaysgeneralcounsel.com/burying-bribes-books-records/) - This article reviews the books and records and internal controls provisions of the Foreign Corrupt Practices Act, and it analyzes 70 FCPA enforcement actions initiated by the Securities and Exchange Commission since 2009, highlighting the financial accounts and expense categories that the SEC alleged were involved in concealing corrupt payments. Knowing where the SEC is
- [Your Vendor Can Be an Attack Vector](https://todaysgeneralcounsel.com/vendor-can-attack-vector/) - It is impossible to implement effective information security until you address the “vanishing perimeter” in policies and agreements. This term refers to the porous nature of an organization’s network and information-sharing system. A company’s IP and other sensitive data no longer simply exists within the confines of a firewall. It travels “off network” and potentially
- [Seeing and Believing Key for Compliance Regulators](https://todaysgeneralcounsel.com/seeing-believing-key-compliance-regulators/) - With the sharp rise in anti-bribery enforcement in recent years, many companies have sought protection by putting compliance programs in place. The problem for some is that, having established such programs, they are lulled into a false sense of security. Anti-bribery settlements are signaling that the mere existence of a compliance program may not be
- [Legal Department Delivered Big Results on a Flat Budget](https://todaysgeneralcounsel.com/legal-department-delivered-big-results-flat-budget/) - Pennsylvania-based Kennametal, a global industrial technology company that conducts business in more than 60 countries and has 80,000 customers worldwide, defined a new mission: to secure 40 percent of sales from the development of new products. For the company’s three-person IP team, that meant doing more with less, and they found themselves unable to keep
- [Mega-Deals Up in Canada](https://todaysgeneralcounsel.com/mega-deals-canada/) - Reports indicate that M&A deal count volume has been down in 2014. However, deal values have increased by 26 percent, a bright spot in transaction activity. Big ticket Canadian deal volume has seen an uptick, paralleling U.S. mega-deals, with 20 Canadian deals over US$1-billion announced by the time this article was prepared. They had an
- [Enforcement Trends in Eu Competition Law](https://todaysgeneralcounsel.com/enforcement-trends-eu-competition-law/) - During the last ten years, competition law enforcers in Europe have been busy “waging a war on cartels,” as former Competition Commissioner Neelie Kroes put it in 2006. With one exception, the ten highest fines ever were imposed in the past decade. These developments have been the result of a deliberate strategy to strengthen enforcement.
- [Mediation Strategies and Considerations](https://todaysgeneralcounsel.com/mediation-strategies-considerations/) - In order to direct a case toward mediation in a way that gives your company the best opportunity for settlement at the earliest point in the dispute, first consider how the prospect of mediation arises. If you have already been involved in pre-suit negotiations, suggesting mediation before the suit is filed allows both sides to
- [Strategic Considerations in Cross-Border Joint Ventures](https://todaysgeneralcounsel.com/strategic-considerations-cross-border-joint-ventures/) - Joint ventures are the preferred strategy for cross-border M&A. There are several strategic considerations when entering into cross-border joint ventures, and for documenting JV agreements. Identifying specific objectives is the first step. The relative importance of a JV for each party may be different because of different strategic interests. They can be better aligned by
- [Data Protection a Spending Priority for 2015](https://todaysgeneralcounsel.com/data-protection-spending-priority-2015/) - Strategic Planning for Information Governance Spending on information governance will increase in 2015, according to a TGC survey of in-house practitioners taken in October 2014. Judging from the priorities the respondents identified, increased spending will focus on enhanced data protection systems, staff training, improving compliance and upgrading technology. Over half of respondents reported that their
- [Beating a Non-Compete Disguised as a Non-Solicit](https://todaysgeneralcounsel.com/beating-non-compete-disguised-non-solicit/) - Even in areas where California is decidedly pro-employer, such as limiting the enforcement of non-competition and non-solicitation agreements, the result can be litigation so expensive and time-consuming that it creates the same restrictions that law and the courts have tried to prevent. The company Stearns Lending Inc. recently experienced this dilemma. It prevailed before an
- [Texting and Using Personal Devices for Business](https://todaysgeneralcounsel.com/texting-using-personal-devices-business/) - Employee use of personal electronic devices to communicate, and generate what it may be argued are business records, raises interesting issues for businesses, particularly in the face of threatened or pending litigation. Various policies, ranging from encouraging “bring-your-own-device” (BYOD) to outright banning it, have advantages and risks. A court recently sanctioned defendants $931,500 for failing
- [FCRA Compliance Moves up the To-Do List](https://todaysgeneralcounsel.com/fcra-compliance-moves-list/) - The Fair Credit Reporting Act (FCRA) is the federal law that regulates the exchange of credit reports between credit bureaus and lenders, but it also regulates the informational exchange between employers and “consumer reporting agencies” (CRAs) that provide consumer reports. The obligations that the FCRA imposes on employers are triggered not only when an employer
- [Reconsidering the Cease-and-Desist](https://todaysgeneralcounsel.com/reconsidering-cease-desist/) - In the world of despised legal correspondence, few things beat cease-and-desist letters. They promise maximum, but unspecified, efforts to protect “valuable intellectual property rights” and subtly suggest that failure to comply will result in costly legal proceedings, if not steep damages. Nevertheless, they are both important and useful in many contexts, including policing trademarks. Before
- [Protecting Trade Secrets with a Solid Nondisclosure Agreement](https://todaysgeneralcounsel.com/protecting-trade-secrets-solid-nondisclosure-agreement/) - Trade secret protection of company information has become more popular as patent protection has become less certain and more expensive. A company must take “reasonable” steps to protect a trade secret in order to qualify for protection under the Uniform Trade Secret Act. Recent case law suggests that “reasonable” means that contractual obligations of secrecy
- [Shrinking Territory: Patent Eligibility of Biotechological Inventions](https://todaysgeneralcounsel.com/shrinking-territory-patent-eligibility-biotechological-inventions/) - Two recent Supreme Court decisions have changed how the Patent Office will determine patentability of biological inventions. Mayo v. Prometheus held that methods for administering drugs are not patent eligible under Section 101. Association for Molecular Pathology v. Myriad held that isolated DNA is not patent eligible under Section 101. The reasoning was the claims
- [Bringing Sanity to E-Discovery in Five Steps](https://todaysgeneralcounsel.com/bringing-sanity-e-discovery-five-steps/) - E-discovery is becoming increasingly time consuming and expensive. Many in the legal profession think that technology can provide the solution, that by using technology to conduct a tedious and labor-intensive part of the process, predictive coding, they can eliminate a major component of discovery costs. But predictive coding is just one of many technology tools
- [Why Even Aggressive Lawyers Should Want to Cooperate](https://todaysgeneralcounsel.com/even-aggressive-lawyers-want-cooperate/) - In litigation, cooperation on e-discovery matters does not conflict with the advancement of clients’ interests. It enhances it. Meetings and conferences regarding e-discovery protocols are crucial. Clawback agreements regarding the inadvertent release of privileged documents, for example, should be reached in conference before they become necessary in the e-discovery process. Without such agreements, parties may
- [E-Discovery and the Cloud](https://todaysgeneralcounsel.com/e-discovery-cloud/) - Over the years courts have ruled that ESI held by a third party on behalf of a litigant or its counsel remains within the litigant’s “control,” and is thus subject to production. Although few courts have commented specifically on discovery obligations within the context of cloud computing, the July 2014 decision in Brown v. Tellermate
- [Social Business Boom Brings Legal Obligations](https://todaysgeneralcounsel.com/social-business-boom-brings-legal-obligations/) - Workplace communication has been transformed over the past decade. Recently, the emergence of “social business” platforms has allowed organizations to improve business performance by engaging with customers, employees, partners and suppliers. The world of social business comprises dozens of evolving products and services. For example, organizations are using enterprise platforms with instant messaging (IM), such
- [Don’t Be The Next Cyberattack Target](https://todaysgeneralcounsel.com/dont-next-cyberattack-target/) - This is a good time to reassess cyber programs, determine how to limit the data that could be compromised, and minimize potential fallout from a breach. The National Institute of Standards and Technology released its Framework for improving critical infrastructure in February 2014. Sparked by this development, a number of government agencies subsequently issued guidance
- [Strategies for Minimizing Risk of Privacy Class Actions](https://todaysgeneralcounsel.com/strategies-minimizing-risk-privacy-class-actions/) - Businesses are increasingly facing class action lawsuits alleging that they have violated someone’s privacy, under state or U.S. laws. Privacy statutes exist in most states, including California with its Invasion of Privacy Act, or “CIPA,” which provides criminal and civil liability for violations like recording communications without consent. Federal privacy statutes include the Electronic Communications
- [Compliance Plans Should Reduce Risk, Not Create Liability](https://todaysgeneralcounsel.com/compliance-plans-reduce-risk-not-create-liability/) - Calls for improved corporate compliance are coming from boards of directors, shareholders and government. Board members are now exposed to personal liability for failing to ensure an adequate program. Outside and in-house counsel constantly remind upper management that legal developments around the globe demand focus on compliance. Given these developments, there is little corporate resistance
- [Law Department Staffing Trends](https://todaysgeneralcounsel.com/law-department-staffing-trends/) - The survey captured information about legal department staffing trends for 2015. One-third of respondents came from departments of six to 24 lawyers, another third from departments of five or less and one fourth from departments with 26 or more lawyers. The larger departments expect to do some hiring. Only a small percentage of respondents reported
- [Gun Rights in The Workplace vs Employer Property Rights](https://todaysgeneralcounsel.com/gun-rights-workplace-vs-employer-property-rights/) - States are enacting laws that prohibit employers from banning firearms on their property. Sometimes called “parking lot laws,” these laws pit an employer’s right to control its property and workplace against the right, which is codified in many states, to own and bear firearms. Some of these laws provide employers with immunity from liability if
- [Concealed Carry Laws and Liability](https://todaysgeneralcounsel.com/concealed-carry-laws-liability/) - Concealed weapons can be carried legally in all 50 states and Washington D.C. The implications of these laws with regard to liability for businesses open to the public and/or managers of those businesses is not yet clear. In any case, if a shooting happens on a business’s property, the victim is likely to sue for
- [National Limitations on Work Hours Complicate Multinational Projects](https://todaysgeneralcounsel.com/national-limitations-work-hours-complicate-multinational-projects/) - Multinational corporations face challenges ensuring compliance with jurisdictional variations on allowable worker hours. Several European nations limit the number of hours employees may work and are considering additional restrictions. In France, employees are limited to working an average of 35 hours per week, calculated over a one-year period. Hours exceeding this threshold are limited and
- [Inter Partes Review, Developments and Procedures](https://todaysgeneralcounsel.com/inter-partes-review-developments-procedures/) - Inter partes review (IPR) is a new USPTO procedure. It allows a challenge to patents by a party who is not the patent owner and has not previously filed a civil action challenging the validity of a claim. The vast majority of challenged patent claims have been rendered unpatentable. This article answers questions regarding the
- [Upcoming Supreme Court Ip Cases Will Have Big Impact](https://todaysgeneralcounsel.com/upcoming-supreme-court-ip-cases-will-big-impact/) - Two cases to be heard soon by the U.S. Supreme Court, one concerning induced patent infringement and the other regarding enforceability of a license requiring royalty payments after patent expiration, will have a significant impact on patent holders and portfolio valuations. In the first, a petition was filed by CommilUSA, requesting the Supreme Court to
- [A Different Take on TAR](https://todaysgeneralcounsel.com/different-take-tar/) - The e-discovery method known as continuous active learning (CAL) enables technology assisted review systems to continually learn and improve results. The process starts with a seed set actively selected through keyword search. The seed set is reviewed and coded and used to train the learning algorithm to score documents by their likely relevance. The highest-scoring
- [A Litigation Support Wish List for General Counsel](https://todaysgeneralcounsel.com/litigation-support-wish-list-general-counsel/) - Based on interviews with law department administrators and e-discovery managers, there is increasing acceptance of advanced technologies, such as predictive coding, for e-discovery. Those involved with the process are seeking ways to address “big data,” and improvements in software deployment, training and workflows. They want better “Bring Your Own Device” policies because of the difficulty
- [Defensible Deletion after Information Theft is Discovered](https://todaysgeneralcounsel.com/defensible-deletion-information-theft-discovered/) - Advances in technology make it easier for employees to take competitive information from their employers when they leave to join a competitor. If the competitor discovers its new employee has taken information, it can preemptively delete it from all computers and servers. This may prevent litigation. If it doesn’t, it demonstrates good faith and can
- [Survey Highlights Cybersecurity Risk to Board](https://todaysgeneralcounsel.com/survey-highlights-cybersecurity-risk-board/) - According to a recently released Thomson Reuters governance survey, corporate boards are increasingly exposed to cybersecurity risk. Respondents represented firms from financial services, education, life sciences, energy and other highly-regulated industries, located in the United States and abroad. Insecure board communication continues, with minimal measures to prevent a breach, and cybersecurity information is the type
- [Special Litigation Committee Good Defense Against Derivative Lawsuits](https://todaysgeneralcounsel.com/special-litigation-committee-good-defense-derivative-lawsuits/) - Every instance of data theft raises the possibility of litigation, and just as companies are building up their defenses against data breaches, their legal departments should be planning their responses against shareholder derivative lawsuits. Data breach incidents are fertile soil for shareholder suits, spawning legal claims that corporate officers and boards have breached their fiduciary
- [Billion Dollar Failures](https://todaysgeneralcounsel.com/billion-dollar-failures/) - 2014 was an active year for the M&A market due to low interest rates and available capital. Last year saw the highest level of successful M&A activity since the financial crisis, but big M&A busts made headlines too. Chiquita, Hillshire, and AbbiVie were just a few of the big-name companies to back out of deals.
- [Social Media Assets in M&A Transactions](https://todaysgeneralcounsel.com/social-media-assets-ma-transactions/) - A company’s social media pages and profiles, and associated followers, friends and other connections, may constitute valuable business assets. However, social media assets often receive little attention in M&A transactions. Purchasers generally require sellers to make robust representations and warranties regarding the target company’s assets, but a typical purchase agreement may give social media assets
- [Still Waiting for an FCPA Super Bowl](https://todaysgeneralcounsel.com/still-waiting-fcpa-super-bowl/) - In a case that was closely watched by Foreign Corrupt Practices Act practitioners, the U.S. Supreme Court denied certiorari in the matter of Esquenazi et al. v. United States. The Court’s decision was not surprising – only about one percent of cert petitions are granted. But interest had been high because FCPA cases are seldom
- [Ten Commandments for Preparing the Deposition Witness](https://todaysgeneralcounsel.com/ten-commandments-preparing-deposition-witness/) - In most jurisdictions there are significant restrictions on what the defending lawyer can do with respect to objecting to questions, directing the witness not to answer or conferring with the witness after the deposition begins. The restrictions found in the Rules of Civil Procedure, local court rules or individual judge’s rules effectively require defense attorneys
- [Feds Crack Down on Dealing With Russia](https://todaysgeneralcounsel.com/feds-crack-dealing-russia/) - As a result of sanctions, Americans now have limited ability to do business with certain sectors of the Russian economy, which include Russia’s largest bank, Sberbank. With more than $1.2 billion dollars in civil penalties assessed in 2014, it’s clear the Department of Treasury’s Office of Foreign Assets Control takes these sanction programs seriously. President
- [Law Department Spend Tilting In-House](https://todaysgeneralcounsel.com/law-department-spend-tilting-house/) - According to the 2014 HBR Law Department Survey, total legal spending, which includes money spent on inside and outside counsel, increased by only two percent worldwide. This is a percent less than what was reported in the 2013 Survey and three percent less than in the 2012 Survey. But inside legal spending levels increased notably,
- [Risks and Benefits of Outsourcing Employees](https://todaysgeneralcounsel.com/risks-and-benefits-of-outsourcing-employees/) - Many businesses have concluded that they should keep in-house only core functions that are critical to their differentiated competitive advantage, while outsourcing support activities like IT and HR to specialized providers. This has led to the emergence of the “Professional Employer Organization.” The PEO is a business that provides resources that function like a pool
- [Know Your State’s Unemployment Laws](https://todaysgeneralcounsel.com/know-your-states-unemployment-laws/) - Employers need to understand what unemployment benefits are available to former employees, what actions can disqualify a former employee from receiving benefits and how to navigate an unemployment insurance claim once it is filed. One important factor to keep in mind is that the premium for unemployment insurance is based in part on how many
- [Legal Issues Affecting Generic Drugs](https://todaysgeneralcounsel.com/legal-issues-affecting-generic-drugs/) - Today more than 86 percent of U.S. prescriptions are being dispensed as generic medicines. They have saved consumers more than $1 trillion in the past decade, fulfilling the promise of 1984 legislation sponsored by Senator Orrin Hatch and Representative Henry Waxman. At that time few generic pharmaceutical companies existed, primarily because of the absence of
- [Unitary Patent Coming to Europe](https://todaysgeneralcounsel.com/unitary-patent-coming-to-europe/) - With the introduction of the Unitary Patent and the Unified Patent Court (UPC), envisaged for 2016, Europe will have a single patent for 24 countries and a single court to enforce both the new Unitary Patent and traditional European patents. Patent protection is currently at the national level. Parallel to strictly national patents, there is
- [How Judges look at E-Discovery](https://todaysgeneralcounsel.com/how-judges-look-at-e-discovery/) - Twenty-two federal judges were queried on e-discovery trends and best practices. The results and associated comments are a snapshot of overall e-discovery competency and shortcomings, a glimpse at future trends, and a guide to how attorneys can improve their e-discovery acumen and practice. One of the most problematic areas for parties in e-discovery disputes is
- [Privacy Risk in Anti-Bribery and Corruption Programs](https://todaysgeneralcounsel.com/privacy-risk-in-anti-bribery-and-corruption-programs/) - Embedded in many anti-bribery and corruption compliance programs are due diligence practices that help identify and mitigate risks associated with third parties acting on behalf of a company, especially those operating in foreign jurisdictions. The use of thorough, risk-based third party due diligence figures prominently in guidance regarding compliance programs offered by the U.S. Department
- [Protecting the Company Against Malicious Insiders](https://todaysgeneralcounsel.com/protecting-the-company-against-malicious-insiders/) - The breach at Sony Pictures Entertainment and the leak of client records at Morgan Stanley likely involved information attacks from a malicious insider. Malicious insiders take confidential internal information from a business for their own purposes. They can be current or former employees, contractors, business partners – anyone with access to the organization’s confidential personal
- [How to Interpret the FTC’s Vague Data Security Standards](https://todaysgeneralcounsel.com/how-to-interpret-the-ftcs-vague-data-security-standards/) - The Federal Trade Commission Act, Section 5, makes unlawful any “unfair or deceptive acts or practices in or affecting commerce.” Relying on Section 5, the Federal Trade Commission has aggressively pursued over fifty companies on a variety of data security issues, such as failing to take “reasonable” steps to secure data or safeguard consumer information
- [Six Steps To Reduce Cyber-Risk](https://todaysgeneralcounsel.com/six-steps-to-reduce-cyber-risk/) - We’re likely to see more, and more intense, cyber-attacks as the technology continues to evolve. The author provides six steps that in-house and outside counsel can take to reduce the risk, cautioning at the outset that failure to do regular risk assessments is often cited by regulators as a factor in bringing data security enforcement
- [Jury Still Out On Predictive Coding](https://todaysgeneralcounsel.com/jury-still-out-on-predictive-coding/) - The future of predictive coding as the go-to technology for e-discovery depends on two factors: technical viability and legal sanction. With regard to the latter, opinions vary. Da Silva Moore v. Publicis Groupe was the first case in which predictive coding was approved, by Judge Andrew Peck. Subsequently, in Bridgestone v. IBM and Progressive v.
- [Unprotected Smartphone Data Easily Collected](https://todaysgeneralcounsel.com/unprotected-smartphone-data-easily-collected/) - Attorneys, at the beginning of a case, need to be aware of the information that could be collected and produced from mobile devices, and note especially that it could include data that was thought to be deleted. Today’s smartphones track our every move, and if users don’t properly protect their information all of that data
- [Client Feedback Vital For Law Departments](https://todaysgeneralcounsel.com/client-feedback-vital-for-law-departments/) - Internal client feedback is an effective tool for maximizing the satisfaction of internal clients. In one example, the legal department of a Fortune 500 pharmaceutical company wanted to measure the satisfaction of its internal corporate clients and what the department could do to improve it. Executives from sales and marketing, research and development and the
- [The Long Reach Of Europe’s Right To Be Forgotten](https://todaysgeneralcounsel.com/the-long-reach-of-europes-right-to-be-forgotten/) - The so-called “right to be forgotten” (RTBF) has been the subject of much debate and attention since the publication of the Costeja v. Google opinion from the Court of Justice of the European Union in May of 2014. The CJEU held that, under certain conditions, a European citizen has the right to demand that a
- [Departments With Comprehensive Management Programs Thrive](https://todaysgeneralcounsel.com/departments-with-comprehensive-management-programs-thrive/) - According to benchmarking surveys taken over the past five years, law departments with comprehensive management programs are the most cost effective overall. In the most recent survey, they realized 46 percent lower external legal spend as a percent of company revenue than those without such programs. For law departments with comprehensive programs, the median external
- [Activists Have Changed, Their Targets Should Too](https://todaysgeneralcounsel.com/activists-have-changed-their-targets-should-too/) - Depending on the source, there are between 100 and 400 activist investor funds, with between $100 billion and $400 billion to invest. According to a recent report by Activist Insight and the law firm of Schulte Roth & Zabel LLP, 344 companies were targeted by activists in 2014, up from 291 companies in 2013. This
- [How To Navigate The Treacherous World Of Social Media](https://todaysgeneralcounsel.com/how-to-navigate-the-treacherous-world-of-social-media/) - Widespread employee use of Facebook, Twitter, LinkedIn and other social media has drawn the attention of both the NLRB and the EEOC, and employers need to be careful about their policies in this area. For example, employers cannot prohibit, terminate, or discipline an employee for using social media to complain about working conditions if it’s
- [Supreme Court Leaves Pregnancy Discrimination Claim Unresolved](https://todaysgeneralcounsel.com/supreme-court-leaves-pregnancy-discrimination-claim-unresolved/) - In March 2014, the U.S. Supreme Court handed down its first pregnancy discrimination decision since 1991. The issue was an employer’s obligation to accommodate pregnant employees under the Pregnancy Discrimination Act. The Court has already held that Title VII of the Civil Rights Act of 1964 “prohibits an employer from discriminating against a woman because
- [What The Pao Case Says About Diversity](https://todaysgeneralcounsel.com/what-the-pao-case-says-about-diversity/) - A jury rejected gender discrimination claims lodged by Ellen Pao, a former employee at Silicon Valley venture capital firm Kleiner Perkins Caufield & Byers, but the case nonetheless generated negative publicity for the firm. Regardless of a company’s demographics or policies, biases may exist. The best defense is prevention, starting with a company-wide focus on
- [The Mounting Threat From Counterfeits](https://todaysgeneralcounsel.com/the-mounting-threat-from-counterfeits/) - Counterfeiting may become a problem for virtually any company with a successful product. Counterfeiters have no interest in ensuring the quality or safety of their products. This creates significant potential for negative effects on consumers and PR problems for the company whose products are being counterfeited. The authors cite cases in which plaintiffs have tried
- [Inter Partes Review Is Fast-Paced](https://todaysgeneralcounsel.com/inter-partes-review-is-fast-paced/) - The America Invents Act created new administrative trials for litigating patent invalidity issues before the USPTO’s Patent Trial and Appeal Board by inter partes review. IPR trials can be initiated by any person who is not the patent owner and not otherwise barred from filing an IPR petition on a given patent. The U.S. International
- [Pending Changes To Federal Rules Will Change E-Discovery](https://todaysgeneralcounsel.com/pending-changes-to-federal-rules-will-change-e-discovery/) - Changes to the Federal Rules of Civil Procedure scheduled to come into effect in December will increase the courts’ focus on making discovery proportional to the needs of the case. Adjusting to these changes will require legal practitioners to deepen their understanding of electronically stored information sources in client environments and the e-discovery tools that
- [Law Schools Lag In Teaching E-Discovery](https://todaysgeneralcounsel.com/law-schools-lag-in-teaching-e-discovery/) - Why are law schools paying minimal attention to e-discovery when e-discovery expenses often approach half or more of the total cost of litigation? According to the authors, one answer is the reliance on adjunct professors. Most law professors began their academic careers after private practice or a judicial clerkship that pre-dated the e-discovery revolution, and
- [General Counsel Must Discuss Cybersecurity With Their Boards](https://todaysgeneralcounsel.com/general-counsel-must-discuss-cybersecurity-with-their-boards/) - As general counsel begin to understand the long-term ramifications of cyber attacks, they must also grapple with an evolving regulatory and legislative landscape. New laws and regulations are being enacted by states and federal agencies. Public companies that sustain a cyber attack may be subject to an SEC enforcement action relating to the corporation’s disclosures
- [Nuts & Bolts Of Representations And Warranties Insurance](https://todaysgeneralcounsel.com/nuts-bolts-of-representations-and-warranties-insurance-3/) - Representations and warranties insurance (RWI) is highly customized insurance for risk in M&A transactions. This article provides a brief primer on the structure, coverage, exclusions, retention and costs of typical RWI policies. Generally the purchaser is concerned about not bearing the risk of undisclosed liabilities and costs relating to the acquired business. The seller typically
- [Insurance Considerations When Negotiating Commercial Contracts](https://todaysgeneralcounsel.com/insurance-considerations-when-negotiating-commercial-contracts/) - Insurance implications are routinely overlooked in commercial contracts. Contracts to receive or perform services, to supply or receive goods or raw materials, and contracts evidencing mergers and acquisitions all have their own insurance considerations that should be examined. Many commercial contracts contain indemnification provisions, and often the indemnitor is required to name the indemnitee as
- [Plaintiff-Friendly Competition Decisions From Canada](https://todaysgeneralcounsel.com/plaintiff-friendly-competition-decisions-from-canada/) - Canada’s competition class-action jurisprudence has been tilting in plaintiffs’ favor in recent years. Canadian courts have been recognizing low thresholds for certification class-action and allowing certification of indirect purchaser class-action lawsuits. This trend has continued with two recent disclosure-related decisions that have important implications for U.S. businesses defending claims in Canada or subject to Canadian
- [More With Less For Corporate Legal](https://todaysgeneralcounsel.com/more-with-less-for-corporate-legal/) - The author’s company conducted a study to learn how corporate legal departments are operating and gauge their perceptions about the future. They reported conflicting trends: The majority are doing more work in-house, but have no plans to hire and do not expect their budgets to increase. The outlook for corporate legal seems to be more
- [TCPA Coverage Depends On How "Advertising Injury" Is Defined In The Policy](https://todaysgeneralcounsel.com/tcpa-coverage-depends-on-how-advertising-injury-is-defined-in-the-policy-2/) - The Telephone Consumer Protection Act protects consumers from unwanted phone calls, faxes and texts, and limits the use of certain automatic dialing and artificial voice systems. The TCPA has spawned a cottage industry of class-action lawsuits, with a dozen companies paying more than $200 million in settlements over the past three years. This article explains
- [Diversity-Driven RFPs Can Help Secure Your Preferred Outside Firm](https://todaysgeneralcounsel.com/diversity-driven-rfps-can-help-secure-your-preferred-outside-firm/) - “Diversity” has become a watchword in the corporate world. Its meaning has broadened to include categories such as professional background, age, socio-economic class and education, all of which contribute to a more holistic approach to any issue. Attorneys with different backgrounds and experiences can provide a more comprehensive, engaged level of problem solving and collaboration,
- [Statistics Show IPRs Favor Patent Challenges](https://todaysgeneralcounsel.com/statistics-show-iprs-favor-patent-challenges/) - The America Invents Act of 2012 introduced Inter Partes review as a new way to challenge the validity of patents before the USPTO. Statistics show that more than 3,000 IPR petitions have been filed since the Act was signed into law, and to date, 1,200 of these challenges have been instituted. The survival rate of
- [Threading Is the New Global De-Duplication](https://todaysgeneralcounsel.com/threading-is-the-new-global-de-duplication/) - Global de-duplication has become the industry standard in e-discovery. With the amount of data generated and processed these days, the failure to de-duplicate globally may even constitute a discovery abuse. Another tool, email “threading,” has been in use for some time, but now it too is becoming the industry standard. The trend is to review
- [Break the “Collect Everything” Mind Set](https://todaysgeneralcounsel.com/break-the-collect-everything-mind-set/) - A 2014 IDC report notes that the digital universe – the data created and copied annually – is doubling in size every two years. This presents challenges for IT and legal professionals, as companies try to preserve, collect, process and review information. Moreover, ESI is increasingly showing up in locations outside corporate control, including employee-chosen
- [Do You Know Where Your Company’s Data Is?](https://todaysgeneralcounsel.com/do-you-know-where-your-companys-data-is/) - Headlines about massive data breaches at major corporations have become commonplace. What’s striking about these high-profile hacks is that many of the affected companies were spending millions on cybersecurity measures when the breach occurred. They had gone to great lengths to prepare for the worst, only to have it happen anyway. Target, Bank of America
- [Litigation Wave Coming](https://todaysgeneralcounsel.com/litigation-wave-coming/) - General counsel, chief information officers and chief financial officers are advised to prepare for a coming litigation wave, in part by reviewing all insurance coverage applicable to information security litigation. They should also familiarize themselves with their organizations’ information systems and safeguards, if for no other reason than to understand the competence of outside litigation
- [New Interest in Empowering States to Tax Remote Sales](https://todaysgeneralcounsel.com/new-interest-in-empowering-states-to-tax-remote-sales/) - Under the Supreme Court’s 1992 decision in Quill v. North Dakota, a retailer is not required to collect sales taxes or use-taxes on sales to residents of a state in which the retailer has no “physical presence.” With the explosion in internet commerce since Quill was issued, states have faced significant losses from tax revenue.
- [Is Your Company Ready for a Government Raid?](https://todaysgeneralcounsel.com/is-your-company-ready-for-a-government-raid/) - Respected corporations often see a government search warrant as a disaster that happens to hardened wrongdoers, but the circumstances leading to a search warrant may be beyond the control of well-intentioned corporations. Because the possibility is real and mistakes have a lasting impact, more corporations are planning for the possibility of a search warrant, beyond
- [Tips for Successful Second Request Production](https://todaysgeneralcounsel.com/tips-for-successful-second-request-production/) - If a proposed merger or acquisition raises competitive issues, reviewing agencies will issue a request for additional information about the company’s products or services, the market in which it operates, and more. Second Requests are typically broad in scope and could impose a significant burden and delay on a transaction. A well-planned response can result
- [Fraud in Supply Chains](https://todaysgeneralcounsel.com/fraud-in-supply-chains/) - While more than one-quarter of respondents to a recent Deloitte poll said they experienced supply chain fraud, waste or abuse in the past year, about the same number said they had no program in place to prevent and detect risks. Not enough is being done from a compliance perspective. Employees were identified as the top
- [Questions for Companies Considering Bankruptcy](https://todaysgeneralcounsel.com/questions-for-companies-considering-bankruptcy/) - The U.S. Bankruptcy Code, enacted in 1978, was not designed to handle today’s complex financial markets, credit and derivative products and corporate structures. Still, bankruptcy can be an effective tool for solving seemingly intractable business problems. In a Chapter 11, the debtor’s management retains control of the company, but business decisions outside the ordinary course
- ["General Jurisdiction" Becomes Political Football in NY](https://todaysgeneralcounsel.com/general-jurisdiction-becomes-political-football-in-ny-2/) - For decades, plaintiffs have been able to allege that defendants were subject to general personal jurisdiction in New York because the defendants maintained offices or transacted business in New York. This long-accepted understanding of the law changed in January 2014, when the Supreme Court handed down its opinion in Daimler AG v. Bauman. In Daimler,
- [Impact of Shareholder and Director Litigation on the Company](https://todaysgeneralcounsel.com/impact-of-shareholder-and-director-litigation-on-the-company/) - Shareholders, particularly those holding majority interests, have fiduciary responsibilities to the company as well as to minority shareholders. Additionally, these shareholders are often directors, officers, and employees of the company. Each of these roles comes with its own set of responsibilities, and potential litigation. Officers and directors, in particular, have fiduciary duties of loyalty and
- [Appellate Counsel Can Have Key Role at Trial](https://todaysgeneralcounsel.com/appellate-counsel-can-have-key-role-at-trial/) - The role of appellate counsel in the trial process has evolved over the last 10 to 15 years. Sophisticated trial attorneys and litigants increasingly recognize that appellate counsel can provide invaluable assistance before it is time to file a notice of appeal, and their advice can make the difference between winning and losing or help
- [Your Chances on Appeal and How to Improve Them](https://todaysgeneralcounsel.com/your-chances-on-appeal-and-how-to-improve-them/) - The author uses statistics to answer common questions about appeals, and he makes the case for involving an appeals lawyer, even at the trial level. The D.C. Circuit hears oral argument in more than 50 percent of its cases. Most of the other circuits hear oral argument around 20 percent of the time, with a
- [Hidden Risks in Confidentiality Requirements](https://todaysgeneralcounsel.com/hidden-risks-in-confidentiality-requirements/) - Recently the SEC fined Houston-based KBR, Inc. $130,000 for requiring some of its employees to sign confidentiality agreements that potentially prevented them from blowing the whistle on illegal activity, in violation of Rule 21F-17 of Dodd-Frank. Although this is the first enforcement action by the SEC under this rule, it’s not likely the last. Though
- [Criminal Background Checks A Dilemma For Employers](https://todaysgeneralcounsel.com/criminal-background-checks-a-dilemma-for-employers/) - There is currently no federal law that prohibits using conviction information in the hire decision or refusing to hire someone with convictions. That may change if the EEOC has its way, but meanwhile state and local action on the issue of disqualifying employment applicants on the basis of criminal convictions has made what was historically
- [Hard Lessons From A Grisly Accident](https://todaysgeneralcounsel.com/hard-lessons-from-a-grisly-accident/) - Following the horrific death of an employee, Bumble Bee Foods announced its agreement to pay $6 million in a criminal settlement, the largest of its kind in California history. Since the accident could have been easily avoided, and given the fact that the company had been previously cited for not having adequate safety procedures on
- [Contractors Brace For "Fair Pay And Safe Workplaces"](https://todaysgeneralcounsel.com/contractors-brace-for-fair-pay-and-safe-workplaces/) - Executive Order E.O. 13673 (“Fair Pay and Safe Workplaces”) was issued in July of 2014. Given the breadth of this executive action, it is critical that companies understand its obligations even before the E.O. is implemented. The order requires government contractors and subcontractors to report regularly on violations of 14 different workplace laws and executive
- [Changes Coming To Post-Grant Amendment Practice](https://todaysgeneralcounsel.com/changes-coming-to-post-grant-amendment-practice/) - There are three new proceedings to challenge patents: inter partes review (IPR), covered business method proceeding (CBM) and post-grant review (PGR). One of them is considered in almost every patent litigation. These proceedings provide a fast, low-cost way to clear away bad patents. About 70 percent of petitions to institute one of these proceedings are
- [Make Your Opponent Pay Your Attorney Fees](https://todaysgeneralcounsel.com/make-your-opponent-pay-your-attorney-fees/) - In 2014 the Supreme Court handed down one of several critical patent decisions that have given defendants leverage against infringement claims. In Octane Fitness v. Icon Health & Fitness, the Court significantly altered the standard for shifting attorneys’ fees. Not only is the Octane decision a tool for recouping fees, it’s also a powerful settlement
- [Directors Risk From Data Breaches](https://todaysgeneralcounsel.com/directors-risk-from-data-breaches/) - Consistent with a board’s oversight duties, directors should give regular attention to whether the corporation has instituted adequate controls and procedures to mitigate the risk and harm of a data breach. The failure to undertake such efforts could, in theory, expose directors to liability for the corporation’s costs arising from a breach. It seems unlikely,
- [When Worlds Collide](https://todaysgeneralcounsel.com/when-worlds-collide/) - Media attention to data breaches has thrust them into prominence in the eyes of the public, among executives, and in board rooms. This new level of visibility has spurred legislation and required lawyers inside law departments and at law firms to team up with IT professionals. Lawyers and computer security professionals agree that cybersecurity is
- [The Cloud Is Secure](https://todaysgeneralcounsel.com/the-cloud-is-secure/) - In-house counsel find themselves in a conflicted situation with respect to the cloud: Confront the risk of sensitive corporate data leaving the office on employee-owned mobile devices, or risk interfering with productivity and profits. The cloud conflict can be solved if proper controls are put in place. Increasingly that requires general counsel to sync up
- [Feds Seeking Fact Admissions In False Claims Cases](https://todaysgeneralcounsel.com/feds-seeking-fact-admissions-in-false-claims-cases/) - The False Claims Act settlement process typically involves two steps: agreement on the principal terms, and negotiating the written settlement agreement. The settlement itself includes a “covered conduct” recitation, and typically that conduct has been denied. DOJ has long agreed to provisions according to which the company both denies the allegations and resolves the matter.
- [Lessons From Delaware’s Recent El Paso Decision](https://todaysgeneralcounsel.com/lessons-from-delawares-recent-el-paso-decision/) - The Delaware Court of Chancery recently awarded $171 million in damages against the general partner of a master limited partnership (MLP). The ruling, in re El Paso Pipeline Partners, L.P. Derivative Litigation, came in connection with a drop-down that was approved by a conflicts committee with the help of legal and financial advisors, and after
- [Analytics Can Detect FCPA And Other Risks](https://todaysgeneralcounsel.com/analytics-can-detect-fcpa-and-other-risks/) - The DOJ and SEC are imposing record penalties and settlements under the Foreign Corrupt Practices Act, including a record-breaking $772 million penalty to resolve bribery charges against French power and transportation company Alstom S.A., in 2014. The agencies have indicated that they intend to step up the investigation of individuals with respect to the FCPA
- [FTC’s New Scrutiny Of Social Media Campaigns](https://todaysgeneralcounsel.com/ftcs-new-scrutiny-of-social-media-campaigns/) - Fresh on the heels of recent enforcement actions involving endorsements on social media, the Federal Trade Commission updated its answers to some frequently asked questions about its Guides Concerning the Use of Endorsements and Testimonials. In addition to formalizing what was outlined in recent enforcement actions, the updated FAQs provide long-awaited guidance with respect to
- [Don’t Get Ambushed By Administrative Dissolution](https://todaysgeneralcounsel.com/dont-get-ambushed-by-administrative-dissolution/) - “Administrative dissolution” means taking away the rights, powers, and authority of a corporation. Administrative dissolution is an action taken by the administrator overseeing business entities in the state of incorporation, due to the corporation’s failure to comply with certain obligations of the state corporation statute. “Administrative revocation” means taking away a corporation’s authority to do
- [What General Counsel Should Know About Legionnaires’ Disease](https://todaysgeneralcounsel.com/what-general-counsel-should-know-about-legionnaires-disease/) - Legionnaires’ disease poses a serious liability risk to those responsible for the development, design, engineering, construction, manufacture, installation, maintenance and repair of buildings, building systems and components identified as a cause or source of an outbreak. Manufacturers of HVAC equipment, water heaters, water tanks, plumbing fixtures and supplies – as well as companies that include
- [Rethinking The Legal Function](https://todaysgeneralcounsel.com/rethinking-the-legal-function/) - For many heads of legal departments, the opportunity to further develop their business acumen is one of the major incentives of the job. However, GCs hold a unique place within companies, and their first responsibility is as legal counselor. It tends to be much more professionally rewarding to earn a reputation as a problem solver,
- [2015 Was a Big Year for the NLRB](https://todaysgeneralcounsel.com/2015-was-a-big-year-for-the-nlrb/) - The NLRB was extremely active in 2015. It ruled that Browning-Ferris Industries is a “joint employer” of workers hired through a temporary agency; it issued guidelines for employee handbooks; and effective mid-April, it issued new expedited rules and procedures for union representation elections. Before the Browning-Ferris ruling, the NLRB’s standard for joint employer was not
- [Paid Sick Leave Mandate Sows Confusion](https://todaysgeneralcounsel.com/paid-sick-leave-mandate-sows-confusion/) - In an executive order released on Labor Day, President Obama declared that businesses contracting with the United States government must provide employees who work on those contracts with paid sick leave. The paid sick leave mandate will apply to federal contracts solicited or awarded on or after January 1, 2017. To comply, federal government contractors
- [Differing IP Enforcement on Three Continents](https://todaysgeneralcounsel.com/differing-ip-enforcement-on-three-continents/) - In the United States, the America Invents Act has created new options for IP enforcement through post-grant proceedings at the U.S. Patent and Trademark Office. At the same time, the European Union is developing the Unified Patent Court to provide a common patent court for member states. The UPC as proposed will include a Court
- [How Due Diligence Analysis Drives a Negotiation](https://todaysgeneralcounsel.com/how-due-diligence-analysis-drives-a-negotiation/) - Due diligence allows parties to a negotiation the opportunity to drive the assigned value of assets up or down. Confidential, or often shielded from certain entities, a due diligence analysis can have an enormous impact on the negotiation process. Patents present unique due diligence issues. A seller should approach the sale from the perspective of
- [Applying "Moneyball" to the Legal Department](https://todaysgeneralcounsel.com/applying-moneyball-to-the-legal-department/) - Twenty years ago, baseball front offices bankrolled scouts who would evaluate talent by box score and physical stature. Fast forward to the age of “moneyball,” a management philosophy that enhances performance through innovative analysis and use of data. The results are unity of purpose, operational efficiency and decision making that yields better results. Just as
- [Ingredients of a Sound Legal Hold](https://todaysgeneralcounsel.com/ingredients-of-a-sound-legal-hold/) - Among in-house counsel there is much angst around e-discovery, and for good reasons: mounting costs, rampant techno-babble and a pronounced uptick in the volume of filings asking for discovery sanctions, and orders granting those requests. The most common ground for those filings is failure to take reasonable steps to preserve potentially relevant information. The best
- [Avoiding Flotsam in Large Volumes of Data](https://todaysgeneralcounsel.com/avoiding-flotsam-in-large-volumes-of-data/) - A recent survey finds that searching through vast amounts of electronically stored information for responsive data is the number one challenge for both IT and legal teams. Other problems include developing search criteria for determining document relevancy, using in-house e-discovery search collection software effectively, and working with third-party collection/processing providers. Many legal teams don’t have
- [Build a Company-Wide Culture of Compliance](https://todaysgeneralcounsel.com/build-a-company-wide-culture-of-compliance/) - Current digital technology trends are making the job of the corporate legal department more difficult. A shift in the IT landscape has left corporations creating far more data, and that data is fragmented across a big digital universe. However, for innovative law departments this is an opportunity to become proactive, and to reposition themselves within
- [The Case For Lawyers as Cyber-Risk Leaders](https://todaysgeneralcounsel.com/the-case-for-lawyers-as-cyber-risk-leaders/) - The author presents this article as an opening statement in a trial and proceeds to make his case. He submits that attorneys are fully capable of driving cyber risk management discussions and outcomes, and that there are two compelling reasons for them to do so. First, there is exceptionally strong client demand. Lawyers, whether corporate
- [Current Landscape of Cyber Insurance](https://todaysgeneralcounsel.com/current-landscape-of-cyber-insurance/) - Data breaches have policyholders “scrambling to fit the proverbial square peg into the round hole of their insurance programs.” Insurers have pushed back, and the result has been not only coverage disputes, but also the development of more cyber policies that specifically address data breach. It is the nascent state of cyber-specific insurance policies that
- [Survey Shows Conflicting Views of In-House, Law Firm Attorneys](https://todaysgeneralcounsel.com/survey-shows-conflicting-views-of-in-house-law-firm-attorneys/) - Earlier this year, the International Association of Defense Counsel (IADC) conducted its 2015 Inside/Outside Counsel Relationship Survey, to provide its members and the legal industry as a whole with key insights into the relationship between in-house counsel and lawyers at private law firms. The survey revealed that corporate legal departments and their outside counsel have
- [How the Insurer Sees It](https://todaysgeneralcounsel.com/how-the-insurer-sees-it/) - Proactive claim and litigation management strategies are essential to improving an insurer’s performance. Most sophisticated insurers and self-insured entities develop strategies specifically designed to expedite the fair resolution of their claims, although those strategies will not always be successful. In many instances, a lawsuit is the first notice that an insurer receives of the claim.
- [Separate Agreements for Software Purchase, Implementation](https://todaysgeneralcounsel.com/separate-agreements-for-software-purchase-implementation/) - If a business buys specialized software and pays an expert to adapt and set it up, there are two separate contracts involved, with two very different warranties. It’s crucial to keep the two contracts separate. Usually the company that installs and implement the software is not the same company that developed it, and each owes
- [Liability for Third Party Vendor Conduct](https://todaysgeneralcounsel.com/liability-for-third-party-vendor-conduct/) - Many services in today’s economy are being outsourced to third-party vendors, such as law firms, accountants, human resource consultants, payroll processors, recruiters and credit card processors. But it is difficult if not impossible to outsource liability. Regulators in some industries, and an increasing number of courts in jurisdictions across the country, are holding companies liable
- [Using Europe’s M&A Regime for Tactical Advantage](https://todaysgeneralcounsel.com/using-europes-ma-regime-for-tactical-advantage/) - U.S. companies planning for public M&A in the EU face rules of engagement that are considerably different from those in the United States. Although each EU member state has its own merger and takeover regime, there are a number of common themes. In the UK, target companies are generally prohibited from entering into agreements to
- [Courts and Regulators Scrutinizing Independent Contractor Relationships](https://todaysgeneralcounsel.com/courts-and-regulators-scrutinizing-independent-contractor-relationships/) - Because of the potential for significant liability if an independent contractor is ruled to be an employee (e.g., unpaid wages, penalties, interest, attorneys’ fees), proper classification is very important for companies. Federal and state lawmakers, as well as regulators, have declared their intention to bring their resources to bear against companies that use the independent
- [Labor Relations Audit is a Good Management Tool](https://todaysgeneralcounsel.com/labor-relations-audit-is-a-good-management-tool/) - A labor relations audit by an outside source can reveal what employees really think when they have no fear of reprisal, without creating unrealistic expectations. This information can be used on a confidential basis by senior management to design a labor relations program that increases productivity by maximizing employee satisfaction and reducing absenteeism and turnover.
- [Restrictive Covenants in the U.S. and Europe](https://todaysgeneralcounsel.com/restrictive-covenants-in-the-u-s-and-europe/) - U.S. courts generally enforce non-compete agreements, but the standards of enforcement vary from state to state. Only California, North Dakota, and Oklahoma do not enforce post-employment restrictions as a matter of law. Agreements governing confidentiality, customer non-solicitation and employee non-solicitation provide more targeted protection than non-compete agreements, and often are more palatable to reviewing courts.
- [Patent Litigation Developments to Watch in 2016](https://todaysgeneralcounsel.com/patent-litigation-developments-to-watch-in-2016/) - Several developments in patent litigation could have a significant impact in 2016. Following the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank International, defendants have been successfully using the ruling to dispose of cases under Section 101 of the patent statutes. Decisions this year may cause the pendulum to swing back toward patent
- [Big Data can be Asset or Vulnerability](https://todaysgeneralcounsel.com/big-data-can-be-asset-or-vulnerability/) - Big data can be tracked and analyzed to help understand customer habits, to customize solutions and products, and to leverage marketing efforts. Data sources often have tools for mining and using the data to the benefit of the company. But on the downside, email, memos, presentations and spreadsheets can accumulate in the routine effort to
- [Rule Amendment Encodes Proportionality](https://todaysgeneralcounsel.com/rule-amendment-encodes-proportionality/) - Possibly the most important of the recent amendments to the Federal Rules of Civil Procedure relate to Rule 26(b)(1), which sets forth discovery scope and limits. The rule as amended states that the scope of discovery must be “proportional to the needs of the case.” Courts will consider the importance of the issues at stake,
- [Legal and IT Procurement Must Cooperate](https://todaysgeneralcounsel.com/legal-and-it-procurement-must-cooperate/) - Corporations trying to adopt best practices have evolved an interdependent and interdisciplinary arrangement, where IT Supply Chain, commonly called IT Procurement, becomes the front-end/gating function for contract analysis. “Procurement” acts like paralegals, but with extensive training in supply chain disciplines and contract drafting. To properly fulfill its mission, procurement also must have specific IT knowledge.
- [Board Responsibilities for Cybersecurity](https://todaysgeneralcounsel.com/board-responsibilities-for-cybersecurity/) - Cyber risk has taken its place next to credit risk, liquidity risk and operational risk as a pressing threat to a company’s health. Board governance is becoming a focus in shareholder lawsuits, and disclosure obligations have made their way to the board level. The board needs to set the tone for enhancing cybersecurity. Various committees,
- [Information Sharing under the New Cybersecurity Law](https://todaysgeneralcounsel.com/information-sharing-under-the-new-cybersecurity-law/) - The text of the the Cybersecurity Information Sharing Act (CISA) was incorporated by amendment into a consolidated spending bill in the House, and signed into law by President Obama in December. CISA authorizes entities to share certain information relating to data security threats and defenses with other companies and/or the federal government, so it can
- [Legal Analytics for Strategy and Case Management](https://todaysgeneralcounsel.com/legal-analytics-for-strategy-and-case-management/) - Legal analytics involves the use of data to make quantitative legal predictions that inform decisions made in both the business of law (law department operations) and the practice of law (litigation and transactions). It is based on various kinds of litigation data that has become available from multiple sources. The process identifies trends in the
- [Ethics have Calculable Value](https://todaysgeneralcounsel.com/ethics-have-calculable-value/) - Implementing socially responsible policies and promoting an ethical way of doing business generates profits as well as good will. Socially responsible actions make consumers more likely to believe that the company produces high quality products. Activities such as focusing on sustainability and improving internal control procedures can lower costs and improve efficiencies. In-house counsel has
- [Social Media Analysis for Investigations and Trials](https://todaysgeneralcounsel.com/social-media-analysis-for-investigations-and-trials/) - Research into what people post on social media sites, and with whom they communicate, is increasingly being used in corporate investigations and trial intelligence. The past couple of years has seen the emergence of analytics tools that can gather information from publicly available social media content, enabling attorneys and investigators to dig into social media
- [Impact of Campbell-Ewald on Class Action Litigation](https://todaysgeneralcounsel.com/impact-of-campbell-ewald-on-class-action-litigation/) - In January the Supreme Court, in a split decision, held that defendant Campbell-Ewald did not do enough to moot plaintiff Jose Gomez’s case by offering him $1503 compensation for sending him an unsolicited text message, and his failure to accept the offer created neither a contract nor a Federal Rule of Civil Procedure 68 judgment.
- [How Law Departments Spend](https://todaysgeneralcounsel.com/how-law-departments-spend/) - A 2015 survey of about 300 corporations found that median total legal spend increased two percent over the 2014 results, to $27 million, but the increase was not across the board. Certain operations fueled the trend more than others. Most organizations were trying to do more with less, as evidenced by their interest in controlling
- [Tips for Bringing Your In-House Experience to a Startup](https://todaysgeneralcounsel.com/tips-for-bringing-your-in-house-experience-to-a-startup/) - Taking your legal skills to a startup requires major adjustments. The author suggests things to consider as you refine your resume and think through your corporate legal expertise in preparation for an interview. Generalist practices may be waning at law firms, but not at a startup, where responsibilities can range from negotiating key supplier agreements
- [Fundamentals of Protecting Patents Overseas](https://todaysgeneralcounsel.com/fundamentals-of-protecting-patents-overseas/) - The territorial nature of patent protection necessitates considering foreign patent rights and a benefit-cost analysis of foreign patent filing options. Such benefits as foreign market exclusivity, foreign-based licensing revenue and cross-licensing opportunities in foreign countries need to be balanced against costs, time and the effort required to address foreign patent laws. Particular consideration needs to
- [Experts Predict Future of E-Discovery](https://todaysgeneralcounsel.com/experts-predict-future-of-e-discovery/) - Experts discuss trends in the field of e-discovery. Among their observations: The character of e-discovery data has changed and may include text, video, audio, social media, and new metadata structures within the same data artifact. This will require new tools and methods to preserve, retrieve, and search and review these data types. In particular, text
- [Cloud Enables Law Department Control of E-Discovery](https://todaysgeneralcounsel.com/cloud-enables-law-department-control-of-e-discovery/) - 2016 is the year the cloud becomes mainstream for corporations. Security fears have been allayed and its cost and accessibility advantages have brought increasing amounts of corporate data into cloud repositories. Just as corporations have turned to the cloud to securely manage data, legal departments should now look to the cloud for solutions that provide
- [Cybersecurity Concerns for ERISA Fiduciaries](https://todaysgeneralcounsel.com/cybersecurity-concerns-for-erisa-fiduciaries/) - Pension plans and welfare plans store personal data on participants and beneficiaries that may be of great interest to cyber attackers. Not only does the plan sponsor have access to personal confidential data. but so too do the participant and beneficiary, the third party service provider and other vendors. What cyber attackers are seeking is
- [Cybersecurity is a Governance and Risk Management Issue](https://todaysgeneralcounsel.com/cybersecurity-is-a-governance-and-risk-management-issue/) - In the face of numerous major data breaches with significant financial losses to companies, executives and corporate boards are now treating cybersecurity as a governance and risk management issue. This means treating cybersecruity the same as other risks, like safety, by examining it carefully and responding appropriately. The first step is understanding the nature of
- [New Guidelines for Board Oversight of Ethics and Compliance](https://todaysgeneralcounsel.com/new-guidelines-for-board-oversight-of-ethics-and-compliance/) - With increasing regulatory oversight of ethics and compliance programs, one of the general counsel’s key focus areas is formalizing compliance-related board relations, ensuring that their boards receive timely information about risk. Absent clear policies and processes, GCs are likely to find themselves caught in a challenging position between the board and other senior executives. While
- [Competition Outlook in Key Global Regions](https://todaysgeneralcounsel.com/competition-outlook-in-key-global-regions/) - The European Commission wants wider and more harmonized powers for national competition authorities. Importantly, the UK will vote on its membership in the EU in June. If what’s being called “Brexit” does occur, there will be significant impact on competition law in the UK, including removal of the UK from the “one-stop shop” position in
- [Corruption Risk for Multinationals in India](https://todaysgeneralcounsel.com/corruption-risk-for-multinationals-in-india/) - India’s government has been pushing economic growth by going after foreign investment, lowering barriers to doing business and addressing corruption. However, it will take time before a robust Indian enforcement regime is in place. Meanwhile the U.S. government’s global anti-corruption efforts, through enforcement of the Foreign Corrupt Practices Act, is filling the void. This summer,
- [Court Reporting in the Digital Age](https://todaysgeneralcounsel.com/court-reporting-in-the-digital-age/) - Court reporting in the digital age is mobile and cloud-based. This changes important aspects of litigation for both outside counsel and the in-house legal department. Depositions and other proceedings are unmoored from a specific conference room, as court reporting adopts elements of streaming technology through computer, tablet or phone. Legal teams are able to make
- [Law Departments See Regulation as Biggest Challenge](https://todaysgeneralcounsel.com/law-departments-see-regulation-as-biggest-challenge/) - More than half of law departments find that regulatory requirements are their biggest challenge, according to The Consilio Law Department Benchmarking Report. The Consilio report uses data from 119 companies to assess the practices and concerns of law departments. Many regulatory requirements faced by law departments deal with data privacy and cybersecurity. This relatively new
- [Successor Liability for FCA Violations](https://todaysgeneralcounsel.com/successor-liability-for-fca-violations/) - Generally in an acquisition the acquiring company assumes the predecessor’s liabilities. The Department of Justice and the SEC devoted several pages to this subject in their joint 2012 publication, A Resource Guide to the U.S. Foreign Corrupt Practices Act. That document warns that “[s]uccessor liability applies to all kinds of civil and criminal liabilities...” In
- [Collect Better Data, Not More Data](https://todaysgeneralcounsel.com/collect-better-data-not-more-data/) - Corporate legal departments need to collect and analyze data, but overambitious data collection can derail projects. The “more is better” approach presents a number of obstacles to getting traction with implementation of an enterprise legal management (ELM) system. Capturing data is time intensive. Just the sight of all the data fields in the user interface
- [Litigation Guidelines Shouldn’t Undercut Policyholder](https://todaysgeneralcounsel.com/litigation-guidelines-shouldnt-undercut-policyholder/) - Insurers often insist that counsel representing the policyholder follow the insurer’s litigation management guidelines. But some guidelines have the potential to impair a lawyer’s independent professional judgment and implicate violations of ethical rules. Other guidelines have the potential to impermissibly interfere with a lawyer’s duties of loyalty. Problematic guidelines may include restrictions on the use
- [Case Provides Blueprint for Controlling Liability](https://todaysgeneralcounsel.com/case-provides-blueprint-for-controlling-liability/) - The Seventh Circuit’s decision in Thornton v. M7 Aerospace, LP serves as a reminder to companies that purchase or succeed to assets of a product manufacturer that liability may follow if they do not act on a fully informed basis to protect themselves. Thornton arose out of a plane crash in which fifteen people died.
- [Trends in Canadian M&A](https://todaysgeneralcounsel.com/trends-in-canadian-ma/) - A strong year-end bolstered Canadian M&A activity into 2016, making last year the most active year in Canadian dealmaking since 2007. The year got off to a robust start, with overall Canadian M&A deal values reportedly increasing by 154 percent over the same period in 2015. Going forward, the depressed Canadian dollar could operate to
- [Information Governance Can Make Data an Asset](https://todaysgeneralcounsel.com/information-governance-can-make-data-an-asset/) - Technologies like predictive coding play a significant role in narrowing the scope of data to potentially relevant evidence, but that early understanding is contingent on having an information governance program (IG) and data preservation strategies. “Data hoarding” of files that provide no value, duplicative information, or “dead” data that hasn’t been used or accessed in
- [Potential Pitfalls in "Uberizing" Your Workforce](https://todaysgeneralcounsel.com/potential-pitfalls-in-uberizing-your-workforce/) - While the U.S. Department of Labor and state agencies often take a hardline approach to independent contractor misclassification, the United States is arguably more accepting of alternatives to the employee/employer model than other countries. In Argentina, the default relationship is that of employee and employer, and bona fide independent contractors are limited to professionals and
- [Preparing For Low-Probability High-Impact Events](https://todaysgeneralcounsel.com/preparing-for-low-probability-high-impact-events/) - Risk appetite, the balance between risk-taking and risk-management, should turn on a careful set of decisions by corporate leaders, with the general counsel and inside lawyers playing a central role. Risk management must follow strong organizational principles, and it must rigorously prioritize threats. Risk management must develop and implement systems and processes to prevent, mitigate,
- [A Powerful Weapon Against Infringing Imports](https://todaysgeneralcounsel.com/a-powerful-weapon-against-infringing-imports/) - Under section 337 of the Tariff Act, the U.S. International Trade Commission conducts investigations into allegations of certain unfair practices in import trade. Most involve claims of patent infringement or registered trademark infringement, but other forms of unfair competition such as misappropriation of trade secrets, common law trademark and trade dress infringement and “passing off”
- [ADA Decision Highlights "Proportionality" Limits](https://todaysgeneralcounsel.com/ada-decision-highlights-proportionality-limits/) - A recent court decision serves as a reminder that even the Americans with Disabilities Act doesn’t give litigants a blank check in e-discovery. In Lieberg v. Red Robin Gourmet Burgers, Inc., a group of disabled customers of Red Robin Gourmet Burgers, Inc. claim they were denied equal access to the chain’s restaurants. Suing on behalf
- [The Challenge of Foreign Language Document Review](https://todaysgeneralcounsel.com/the-challenge-of-foreign-language-document-review/) - Cross-border matters are becoming more common and complex due in part to widely divergent privacy regulations worldwide. Organizations will often rely on external providers to manage e-discovery outside the U.S., but some providers won’t have the capability to screen and manage quality. When working with local reviewers, qualification is important. Conducting foreign language e-discovery requires
- [Practical Proportionality Through Science](https://todaysgeneralcounsel.com/practical-proportionality-through-science/) - The change to Rule 26(b) in the Federal Rules of Civil Procedure emphasizes proportionality in discovery by elevating existing language to a more prominent place in the Rules. The intent is to encourage parties and the courts to reduce the time and costs of addressing the volumes of electronically stored information that may be implicated
- [Don’t Let "Shadow IT" Take Hold in the Legal Department](https://todaysgeneralcounsel.com/dont-let-shadow-it-take-hold-in-the-legal-department/) - Employees are becoming empowered to take workplace technology adoption into their own hands, and that’s become a challenge for IT departments and companies. A 2016 Cisco research report found that “Shadow IT” – the use of unauthorized software by employees – has increased nearly 70 percent in less than a year. Shadow IT in law
- [Standing is Key Issue in Cyber Lawsuits](https://todaysgeneralcounsel.com/standing-is-key-issue-in-cyber-lawsuits/) - A data breach plaintiff, like any federal plaintiff, must establish standing in order to survive a 12(b)(1) motion to dismiss. Traditionally, district courts have dismissed consumer suits for data breaches, reasoning that the plaintiffs could not prove actual harm, a requirement of standing that rests on a 2013 Supreme Court decision, Clapper v. Amnesty International
- [Lessons from Ransomware Attacks on Healthcare Providers](https://todaysgeneralcounsel.com/lessons-from-ransomware-attacks-on-healthcare-providers/) - Earlier this year a number of healthcare providers found themselves under siege by targeted ransomware attacks. In February, Hollywood Presbyterian Medical Center in Los Angeles had its network crippled, ultimately paying $17,000 in bitcoins to recover its systems. Three other ransomware attacks have targeted healthcare providers in California, and incidents have been reported in other
- [Limits of Cyber Attack Insurance Being Tested in Litigation](https://todaysgeneralcounsel.com/limits-of-cyber-attack-insurance-being-tested-in-litigation/) - Some of the first cases relating to a cyber-attack or data breach relied on traditional insurance forms that contained specific coverages relating to electronic data. A Delaware Superior Court analyzed Commercial General Liability (CGL) coverage for the hack of a bank’s credit card records. Although it found the attack fell within Electronic Risk Liability coverage,
- [Difficult Due Diligence on Overseas Intermediaries](https://todaysgeneralcounsel.com/difficult-due-diligence-on-overseas-intermediaries/) - Under the Foreign Corrupt Practices Act, if the agent of a company pays or offers to pay a bribe to a foreign official in order to help secure business, the company itself can be held responsible. Given the magnitude of the potential liability, it is crucial to know something about the background of the person
- [From Europe’s Privacy Regulators, Big Penalties But No Rules](https://todaysgeneralcounsel.com/from-europes-privacy-regulators-big-penalties-but-no-rules/) - With the current state of European privacy regulations, American firms must make additional efforts with their contracts and guarantees of personal data protections to satisfy their European customers. Most previous deals were completed within the context of the Safe Harbor, but last October a European high court invalidated this long-standing agreement that allowed U.S. businesses
- [Environmental Cleanup and Recovery for Fraudulent Transfers](https://todaysgeneralcounsel.com/environmental-cleanup-and-recovery-for-fraudulent-transfers/) - The Uniform Fraudulent Transfer Act (UFTA) prevents debtors from transferring assets in an effort to frustrate creditors’ collection of debts. But the UFTA requires claimants to act promptly, imposing a strict statute of repose that requires claimants to bring claims for fraudulent transfer within four years after the transfer was made, or in certain circumstances
- [February/March 2012](https://todaysgeneralcounsel.com/februarymarch-2012/) - The E-Discovery Puzzle
- [April/May 2012](https://todaysgeneralcounsel.com/aprilmay-2012/) - Protecting IP
- [June/July 2012](https://todaysgeneralcounsel.com/june-july-2012/) - Cross-Border Deals
- [August/September 2012](https://todaysgeneralcounsel.com/august-september-2012/) - Document Overload
- [October/November 2012](https://todaysgeneralcounsel.com/october-november-2012/) - The Knowledge Economy
- [December/January 2013](https://todaysgeneralcounsel.com/december-january-2013/) - Social Media: Secure it Now
- [February/March 2013](https://todaysgeneralcounsel.com/february-march-2013/) - In-house Attorneys Compensation Survey and 5 Trends for 2013
- [April/May 2013](https://todaysgeneralcounsel.com/april-may-2013/) - The Expanding Role of the CLO
- [June/July 2013](https://todaysgeneralcounsel.com/june-july-2013/) - Time for a Carbon Tax?
- [August/September 2013](https://todaysgeneralcounsel.com/august-september-2013/) - Judgment Calls
- [October/November 2013](https://todaysgeneralcounsel.com/october-november-2013/) - Overload
- [December/January 2014](https://todaysgeneralcounsel.com/december-january-2014/) - IP International
- [February/March 2014](https://todaysgeneralcounsel.com/february-march-2014/) - A Mountain of Information
- [April/May 2014](https://todaysgeneralcounsel.com/aprilmay-2014/) - Third Player Controlling Technology
- [June/July 2014](https://todaysgeneralcounsel.com/junejuly-2014/) - Third Player Controlling Technology
- [August/September 2014](https://todaysgeneralcounsel.com/augustseptember-2014/) - Third Player Controlling Technology
- [December/January 2015](https://todaysgeneralcounsel.com/decemberjanuary-2015/) - Disclosure and Nondisclosure
- [February/March 2015](https://todaysgeneralcounsel.com/februarymarch-2015/) - Information Management
- [April/May 2015](https://todaysgeneralcounsel.com/aprilmay-2015/) - The Elephant in the Room
- [June/July 2015](https://todaysgeneralcounsel.com/junjul-2015/) - Risk and Compliance
- [August/September 2015](https://todaysgeneralcounsel.com/augsep-2015/) - Litigation Surge -- The Coming Wave of Cyber Breach Lawsuits
- [October/November 2015](https://todaysgeneralcounsel.com/octobernovember-2015/) - Hard Ball
- [December/January 2016](https://todaysgeneralcounsel.com/decemberjanuary2016/) - Legal Hold
- [February/March 2016](https://todaysgeneralcounsel.com/februarymarch-2016/) - Know Your Workforce
- [June/July 2016](https://todaysgeneralcounsel.com/junjul-2016/) - Cyber Attack...Liability...Insurance
- [August/September 2016](https://todaysgeneralcounsel.com/augustseptember-2016/) - Privilege...How to Lose It
- [October/November 2016](https://todaysgeneralcounsel.com/octobernovember-2016/) - Leveraging Artificial Intelligence
- [December/January 2017](https://todaysgeneralcounsel.com/decemberjanuary-2017/) - The GC's Role Just Got Tougher
- [June/July 2017](https://todaysgeneralcounsel.com/junejuly-2017/) - Big Data, Repurposed
- [August/September 2017](https://todaysgeneralcounsel.com/augustseptember-2017/) - Protection
- [October/November 2017](https://todaysgeneralcounsel.com/octobernovember-2017/) - The Well-Managed Workplace
- [Spring 2018](https://todaysgeneralcounsel.com/spring-2018/) - #TimesUp
- [Summer 2018](https://todaysgeneralcounsel.com/summer-2018/) - Socio-Economic Risk; Gender and Pay; Busted
- [Fall 2018](https://todaysgeneralcounsel.com/fall-2018/) - The 1st Global Regulation
- [Winter 2019](https://todaysgeneralcounsel.com/winter-2019/) - Are you Safe?
- [Spring 2019](https://todaysgeneralcounsel.com/spring-2019/) - Against the Wall
- [Fall 2019](https://todaysgeneralcounsel.com/fall-2019/) - 21st Century L&E
- [Winter 2020](https://todaysgeneralcounsel.com/winter-2020/) - Cars that drive themselves, monitor your pulse, check if you're stoned or drunk, remind you to shop for dinner, sell your personal data
- [Spring 2020](https://todaysgeneralcounsel.com/spring-2020/) - Risk
- [Summer 2020](https://todaysgeneralcounsel.com/summer-2020/) - Future Shocks
- [November 2020](https://todaysgeneralcounsel.com/november-2020/) - Click above to view the digital edition or select from the list below to read by story. Features Compliance Labor and Employment Remote Work, Employee Well-Being and COVID-19
- [January 2021](https://todaysgeneralcounsel.com/january-2021/) - View the digital edition above or select from the stories below. Features Labor and Employment Conventional Investigative Tools and High-Tech Sleuthing E-Discovery Think About Digital Forensics When You Conduct E-Discovery Compliance In-House To CC or Not to CC: That Is the Privilege Question
- [April 2021](https://todaysgeneralcounsel.com/april-2021/) - View the digital edition above or select from the stories below. Features Labor & Employment Covid-19 and Work-Related Psychological Injury Employers Unlikely to Mandate Covid Vaccinations Compliance
- [May 2021](https://todaysgeneralcounsel.com/may-2021/) - View the digital edition above or select from the stories below. Features Labor & Employment Expect Problems When Employees Return to the Workplace Covid Is Accelerating the Gig Economy Compliance Interview
- [June 2021](https://todaysgeneralcounsel.com/june-2021/) - View the digital edition above or select from the stories below. Features Intellectual Property Trade Secrets in the Digital World Compliance Litigation Labor & Employment The Power of a Strong GC/CHRO Relationship Interview
- [July August 2021](https://todaysgeneralcounsel.com/july-august-2021/) - View the digital edition above or select from the stories below. Features Labor & Employment Things You Should Know About Background Checks Compliance In-House Sharpen Your Axe for Board Minutes and Reports Interview
- [October 2021](https://todaysgeneralcounsel.com/october-2021/) - View the digital edition above or select from the stories below. Compliance Labor & Employment Cosby Released, But Not Exonerated Litigation Interview
- [May 2022](https://todaysgeneralcounsel.com/may-2022/) - View the digital edition above or select from the stories below. Features Interviews Labor & Employment Weed at Work In-House Communication Is Key for General Counsel
- [June 2022](https://todaysgeneralcounsel.com/june-2022/) - View the digital edition above or select from the stories below. Features Compliance Labor & Employment Not Guilty: Juries Acquit in First Criminal Antitrust No-Poaching and Wage-Fixing Trials In-House News The More Things Change
- [October 2023](https://todaysgeneralcounsel.com/october-2023/) - In this October 2023 issue of Today's General Counsel, Neil B. Currie, Vice President of the American Arbitration Association, discusses mass arbitration, how it is used, the rules that apply, procedures to best resolve cases, and many other aspects of this alternative to litigation.
- [High Stress, Greater Reward For Public Health Care General Counsel](https://todaysgeneralcounsel.com/high-stress-greater-reward-for-public-health-care-general-counsel/) - Public health care general counsel are found to make twice as much as private health care general counsel.
- [General Counsel Compensation](https://todaysgeneralcounsel.com/general-counsel-compensation/) - Advice for General Counsel from the Barker Gilmore firm’s 2023 Private Equity and Portfolio Company In-House Counsel Compensation Report.
- [Decision in Age Discrimination Case Provides RIF Guidance for Employers](https://todaysgeneralcounsel.com/decision-in-age-discrimination-case-provides-rif-guidance-for-employers/) - Read why a recent court ruling provides valuable guidance for employers who are planning to terminate employees as part of a reduction in force (RIF).
- [Pennsylvania Court: Off-Label Use of CBD Reimbursable Under Workers’ Comp](https://todaysgeneralcounsel.com/pennsylvania-court-off-label-use-of-cbd-reimbursable-under-workers-comp/) - Read about the case involving the state’s workers’ compensation system and a lawyer who suffered a work-related injury while loading files into a trial bag.
- [Court Allows Non-Medical Evidence in Medical Leave Claim Case](https://todaysgeneralcounsel.com/court-allows-non-medical-evidence-in-medical-leave-claim-case/) - Read about the Ninth Circuit Court of Appeals’ decision, which allowed an employer to use non-medical evidence to challenge a medical leave claim under the Family Medical Leave Act (FMLA).
- [October/November 2014](https://todaysgeneralcounsel.com/octobernovember-2014/) - Cutting E-Discovery Down to Size
- [April/May 2016](https://todaysgeneralcounsel.com/aprilmay-2016/) - Follow the Numbers
- [It's True: Patent Litigation is Burgeoning](https://todaysgeneralcounsel.com/its-true-patent-litigation-is-burgeoning/) - If your impression has been there's a lot of patent litigation these days, that's because there is. The 2013 PricewaterhouseCoopers patent litigation study finds that...
- [Supreme Court Wants “Rule Of Reason” To Govern Payments To Generics](https://todaysgeneralcounsel.com/supreme-court-wants-rule-of-reason-to-govern-payments-to-generics/) - The popular version is “they pay off the generics to keep them out of the market," and the Supreme Court did not...
- [Summer 2019](https://todaysgeneralcounsel.com/summer-2019/) - Rules of Thumb for the Press Release, PR Consultants and the Privilege
- [Winter 2018](https://todaysgeneralcounsel.com/winter-2018/) - Litigation Hazards
- [April/May 2017](https://todaysgeneralcounsel.com/aprilmay-2017/) - Self Knowledge: Keep Your Third Party Communications Privileged
- [Fall 2020](https://todaysgeneralcounsel.com/fall-2020/) - Legal Role in Business Strategy
- [Checklist For Patent Owners re Helferich](https://todaysgeneralcounsel.com/checklist-for-patent-owners-re-helferich/) - The Federal Circuit case of Helferich Patent Licensing v. New York Times (2015) should spur patent owners to prepare and license patents for products and complementary products to maximize potential revenue streams from their IP portfolio, writes Michael Woodward, in ipwatchdog. In Helferich, the Court concluded that even though patents are complementary, the licensing of
- [February/March 2021](https://todaysgeneralcounsel.com/february-march-2021/) - View the digital edition above or select from the stories below. Features Intellectual Property Covid-19 and Intellectual Property Protection Three Key IP Cases to Watch This Year Data Privacy/Cybersecurity Compliance Litigation
- [December 2021](https://todaysgeneralcounsel.com/december-2021/) - View the digital edition above or select from the stories below. Interview Human Resources Addressing Workforce Diversity Intellectual Property Suing a Foreign Patent Infringer Litigation Features
- [January 2023](https://todaysgeneralcounsel.com/january-2023/) - In this issue of Today’s General Counsel, immigration attorney Jeffrey A. Margolis presents an overview of the visa issues that in-house counsel might encounter in his area of law.
- [September 2023](https://todaysgeneralcounsel.com/september-2023/) - In this issue of Today’s General Counsel, Nick Vandivere of Thomson Reuters discusses how best to integrate functional AI into legal department processes in a way that helps with specific tasks.
- [Obama Administration Relaxing Export Controls](https://todaysgeneralcounsel.com/obama-administration-relaxing-export-controls/) - Congressional approval is needed for some but not all the changes, and some legislators remain concerned that exports with potential military use will slip through the process. Business generally favors the relaxed rules -- except for some that are concerned about technology and jobs being shipped off along with the goods. The administration is pushing
- [Dawn Raid, Antitrust Charges, Decade of Litigation](https://todaysgeneralcounsel.com/dawn-raid-antitrust-charges-decade-of-litigation/) - After nearly 10 years of litigation, the Seventh Circuit Court of Appeals recently affirmed a judgment for the defendants in the consolidated nationwide class action, In Re Sulfuric Acid Antitrust Litigation, (7th Cir. 2012). It began when the Canadian and U.S. agencies in charge of antitrust law enforcement in both countries launched a raid against
- [Trends In Canadian Energy M&A](https://todaysgeneralcounsel.com/trends-in-canadian-energy-ma/) - Energy industries remain at the core of Canadian M&A activity. Approximately 25 percent of the largest 50 friendly public transactions reviewed in a survey by the authors’ firm occurred in the energy sector, notably in oil and gas. There were several high profile transactions, including the $19-billion acquisition of Nexen by China’s CNOOC. Asian demand
- [Shuanghui Acquisition of Smithfield Foods Questioned In Congress](https://todaysgeneralcounsel.com/shuanghui-acquisition-of-smithfield-foods-questioned-in-congress/) - Proposed sale of the word's largest pork producer to a Chinese company is getting back pressure...
- [Trends in Canadian Energy M&A](https://todaysgeneralcounsel.com/trends-in-canadian-energy-ma-2/) - Because of its relative stability, abundant resources and strong demand from Asia, Canada has been a destination for foreign investment, much of it in the energy sector. Although there has been some government concern about investment by foreign state-owned enterprises and the Keystone Pipeline remains an unsettled issue, prospects are for the trend to continue.
- [Managing Overseas Sales Corruption Risk](https://todaysgeneralcounsel.com/managing-overseas-sales-corruption-risk/) - Third-party overseas sales staff can generate a significant risk for a future corruption charge, but...
- [U.S. And China Will Discuss A Bilateral Investment Treaty](https://todaysgeneralcounsel.com/u-s-and-china-will-discuss-a-bilateral-investment-treaty/) - The United States and China have agreed to hold discussions about a treaty to enable mutual investment in large sectors of each other's economies. The report from the New York Times notes that fears about cyber-spying are likely to complicate the negotiations, with the added twist that after the Snowden leaks China can argue the
- [Specter Or Partner? China And The Smithfield Hearings](https://todaysgeneralcounsel.com/specter-or-partner-china-and-the-smithfield-hearings/) - The Senate Committee on Agriculture, Nutrition and Forestry held hearings on the proposed purchase...
- [Summary of Recent News on U.S.-China Trade](https://todaysgeneralcounsel.com/summary-of-recent-news-on-u-s-china-trade/) - China solar cell negotiations with EC will affect U.S. manufacturers.
- [Review of Renewable Energy M&A in 2022, Outlook for 2023](https://todaysgeneralcounsel.com/review-of-renewable-energy-ma-in-2022-outlook-for-2023/) - M&A in the renewable energy sector started slowly in 2022, but gained steam with passage of the Inflation Reduction Act providing $370 billion in tax credits for renewable energy projects. The year included some major transactions, including RWE’s acquisition of Con Edison’s Clean Energy Businesses for $6.8 billion. The expectation is that deal-making will remain
- [An Unprecedented Tin Cup From Lloyd's List](https://todaysgeneralcounsel.com/an-unprecedented-tin-cup-from-lloyds-list/) - An oil tanker that has been rotting in the Red Sea off the coast of war-ravaged Yemen since 2017 is in danger of breaking apart and releasing its cargo of more than a million gallons of oil, four times the amount released by the Exxon Valdez in 1989. The ship is long past being towable,
- [Which Law Schools Do The Pricey Lawyers Come From?](https://todaysgeneralcounsel.com/which-law-schools-do-the-pricey-lawyers-come-from/) - A study from GradReports and data research company Optimal is said to identify “the top 10 schools that place the greatest percentage of grads at the top 10 'Big Law' firms,” and has some surprising findings. Harvard and Yale were not among the top 10, while three public universities were. Less surprising was number one,
- [Business Is Good For Lawyers Who Do Wills](https://todaysgeneralcounsel.com/business-is-good-for-lawyers-who-do-wills/) - Reports of meetings with clients on parking lots, and signing on the hood of a car. In New York electronic notarization is legal, but using Zoom for witnessing is not. Says one attorney: We can take care of it when the pandemic is over if the witnesses are still alive, but in the meantime "at
- [The Power of Speed and Responsiveness in Law Firm Client Relations](https://todaysgeneralcounsel.com/the-power-of-speed-and-responsiveness-in-law-firm-client-relations/) - Efficiency and responsiveness are critical factors in the success of law firms when it comes to attracting and retaining clients. Time is a universally limited resource, with every individual having the same allocation of 1,440 minutes per day. Clients expect their time to be valued, and the frustration of waiting, as experienced in a doctor's
- [Unlocking the Secrets of Very Successful Law Firm Owners](https://todaysgeneralcounsel.com/unlocking-the-secrets-of-very-successful-law-firm-owners/) - Here are some tips for finding financial success in your practice as an aspiring law firm.
- [Strategic Approaches to Law Firm Budgeting: Navigating Client Development Challenges](https://todaysgeneralcounsel.com/strategic-approaches-to-law-firm-budgeting-navigating-client-development-challenges/) - Take a look at these proactive strategies for law firm budgeting this upcoming budgeting cycle.
- [SEO Success for Law Firms: Factors, Timelines, and Strategies](https://todaysgeneralcounsel.com/seo-success-for-law-firms-factors-timelines-and-strategies/) - Here are some things to consider when working on the SEO factor within your company.
- [14 Proven Tactics to Elevate Your Law Firm's Webinars and Drive Results](https://todaysgeneralcounsel.com/14-proven-tactics-to-elevate-your-law-firms-webinars-and-drive-results/) - Follow these 14 tactics to elevate your law firm's webinars.
- [Design Patent Bar Proposed](https://todaysgeneralcounsel.com/design-patent-bar-proposed/) - Companies in certain industries - bicycle manufacturers, mobile phones, robots - find that design patents offer protections that utility patents can’t equal. The total number issued annually has been increasing rapidly in the past 20 years, and now the United States Patent and Trademark Office is proposing to create a separate design patent practitioner bar.
- [Report on IP Theft Due Soon](https://todaysgeneralcounsel.com/report-on-ip-theft-due-soon/) - The Intellectual Property Act of 2022 is now law. It requires the President to impose sanctions on any foreign person identified in required periodic reports to Congress as having knowingly engaged in or benefitted from the theft of trade secrets of U.S. persons, if the theft is likely to result in a significant threat to
- [SDNY Court: Internal Tipsters Not Protected From Retaliation](https://todaysgeneralcounsel.com/sdny-court-internal-tipsters-not-protected-retaliation/) - Is a person who complains internally about a securities law violation but does not tell the SEC protected by anti-retaliation provisions of the Dodd-Frank Act? Proskauer Rose attorneys Steven J. Pearlman, Harris Mufson and Allison Lynn Martin look at a recent case in the Southern District of New York that determined the answer to be
- [Privacy Seal Provider Settles With FTC](https://todaysgeneralcounsel.com/privacy-seal-provider-settles-ftc/) - A company that certifies consumer privacy programs that are offered by companies has settled with the Federal Trade Commission, over allegations that it engaged in deceptive business practices. The FTC had alleged that TRUSTe failed to do promised annual certification reviews in more than a thousand cases over a period of several years, and that
- [The 10 Major Business Risks For 2015](https://todaysgeneralcounsel.com/10-major-business-risks-2015/) - William Gallagher Associates, an insurance broker and risk management company, compiled what it sees as the top business risks in all categories for the coming year. Number one is a risk that hasn’t received much attention. It derives not climate change, but from initiatives that will mitigate climate change. Others on the list will be
- [Reducing The Risk Of Consumer Class Actions](https://todaysgeneralcounsel.com/reducing-risk-consumer-class-actions/) - There has been an uptick in consumer fraud class actions, many of them targeting claims made by way of ingredient or content labeling, or other performance claims. A post from Sidley Austin details various forms these claims can take, and ways that companies can reduce the risk of becoming a target. It’s important to note
- [A Big Month For Anti-Corruption Enforcement](https://todaysgeneralcounsel.com/big-month-anti-corruption-enforcement/) - Major anti-corruption developments by way of the FCPA, and world-wide...
- [Report: Risk Officers, Insurers Play Central Role In Boosting Cybersecurity](https://todaysgeneralcounsel.com/report-risk-officers-insurers-play-central-role-boosting-cybersecurity/) - Traditional approaches to IT are no longer sufficient to ward off a sophisticated hack, the CRO Forum states in its report, “Cyber Resilience: The Cyber Risk Challenge and the Role of Insurance.” Chief Risk Officers must focus on working with internal stakeholders to raise awareness of cybersecurity issues, the report says, as “more frequently cyber
- [Congress Finally Renews Terror Insurance, But With New Requirements](https://todaysgeneralcounsel.com/congress-finally-renews-terror-insurance-new-requirements/) - After a delay that alarmed many - passage was held up in December by now retired Senator Tom Coburn of Oklahoma - the Terrorism Risk Insurance Program (TRIP) has been renewed. The law was quickly passed by the 114th Congress and then signed into law by President Obama on January 12. There have been changes,
- [Fielding A Surprise Visit From The EPA](https://todaysgeneralcounsel.com/fielding-surprise-visit-epa/) - A post from Vedder Price about what to do when the EPA or a state regulator arrives unannounced and wants to inspect. It covers such things as “split samples,” the importance of the closing conference, and what a company’s rights are vis a vis trade secrets. There are also some more general recommendations, including a
- [How To Survive A Search Warrant](https://todaysgeneralcounsel.com/survive-search-warrant/) - Firms should have a plan for how to respond to a search warrant, and all the risks that come along with it. “A company’s response in the minutes and hours after the government executes a search warrant can impact the outcome of the entire investigation,” says a white paper from Jones Day. Robust advance planning
- [TPG Capital Sues Former Spokesman For Leaking Info](https://todaysgeneralcounsel.com/tpg-capital-sues-former-spokesman-leaking-info/) - Former spokesman and public affairs executive Adam Levine was also a New York Times informant, TPG Capital claims in a lawsuit. The suit claims Levine was upset when he wasn’t given a promotion, and made threats to the company, eventually accessing confidential information and sharing it with media outlets, including the U.S. newspaper of record.
- [The Face Of International Litigation](https://todaysgeneralcounsel.com/face-international-litigation/) - A post from Merrill Brink, a company that provides language translation services for international business, looks at some general trends in international litigation and what companies can do to prepare for them. The information is based on a survey undertaken last year by Hogan Lovells. The firm surveyed senior attorneys from large international companies in
- [Data Security For Legal Depts and Firms](https://todaysgeneralcounsel.com/data-security-legal-depts-firms/) - Five things that legal department executives would like to see in order to help improve data security for the legal industry, starting with a “common language that supports collaboration between corporations, law firms and third-party legal technology vendors.” This list came out of a January meeting of The Legal Innovation 2020 Working Group, under the
- [Responding To A Social Media Attack](https://todaysgeneralcounsel.com/responding-social-media-attack/) - When social media comment turns negative and begins to harm a business, is there anything the organization can do about? Attorney Michael M. Ratoza of the West Coast firm Bullivant Houser Bailey PC considers the options. Those options are circumscribed by law, including, in California, a new “Yelp Bill” that prevents a business from including
- [Compliance Plans Should Reduce Risk, Not Create Liability](https://todaysgeneralcounsel.com/compliance-plans-reduce-risk-not-create-liability-2/) - Tying to copy a program wholesale or cobble one together from another industry, failing to staff a program appropriately, and failing to take enforcement seriously, are among the strategies to be avoided.
- [Law Firms Slow To Address Cybersecurity](https://todaysgeneralcounsel.com/law-firms-slow-address-cybersecurity/) - Only 40 percent of law firms would place cybersecurity as one of their top five risks, and more than half either have not “taken steps” to insure that risk or don’t know if they have.
- [Strategies For Minimizing Risk Of Privacy Class Actions](https://todaysgeneralcounsel.com/strategies-minimizing-risk-privacy-class-actions-2/) - Plaintiff attorneys are invoking both federal statutes, like the Electronic Communications Privacy Act (ECPA), and state statutes, like California’s Invasion of Privacy Act (CIPA), to file civil lawsuits that seek both statutory damages and attorneys’ fees. Fielding these suits can be tricky and costly, write Keker & Van Nest attorneys Rachael Meny and Jennifer Huber,
- [Privilege For GM Internal Investigation Is Upheld](https://todaysgeneralcounsel.com/privilege-gm-internal-investigation-upheld/) - The district court upheld GM’s claim of privilege for investigations in the matter of GM ignition switch failures, rejecting the stringent "primary purpose" test...
- [Key Recent Developments In White Collar Law](https://todaysgeneralcounsel.com/key-recent-developments-white-collar-law/) - We are now in a comment period regarding some proposed changes in the sentencing guidelines, with the definition of a couple of loaded terms - "intended loss" and "sophisticated means” - on the table. This is among a number of key developments and precedents summarized in the February “White Collar Roundup” from Day Pitney. Others
- [U.S. Regulators Fine Airbag Company For Non-Cooperation](https://todaysgeneralcounsel.com/u-s-regulators-fine-airbag-company-non-cooperation/) - Federal regulators are fining Takata, the Japanese airbag manufacturer, $14,000 a day for failing to respond “fully or truthfully” to demands that it turn over documents and information related to defective airbags. More than 18 million vehicles in the U.S. have been recalled for having faulty airbags thatcan explode and spray metal fragments. The National
- [New Litigation Equation, Now That Court Docs “Go Viral”](https://todaysgeneralcounsel.com/court-docs-going-viral-need-new-litigation-equation/) - Members of the public have always been able to get their hand on most court filings, but it was a cumbersome and somewhat costly process. With electronic filing and the Internet, that has changed. A New York Times article looks at the fallout from that change, which is especially heavy in the world of employment
- [A Clear Limit On FCPA Successor Liability](https://todaysgeneralcounsel.com/clear-limit-fcpa-successor-liability/) - A recent case helps clarify when there is or is not successor liability for a Foreign Corrupt Practices Act violation after the acquisition of a foreign company.
- [Update On Cyber And Reputational Insurance](https://todaysgeneralcounsel.com/update-cyber-reputational-insurance/) - Insurers are rapidly eliminating cyberbreach coverage from corporate general liability policies, and last year the Insurance Services Office (ISO) added a data breach exclusion to the standard CGL form. That’s one of the key developments reported in a Perkins Coie update that looks at emerging cybersecurity and “reputational” insurance issues. On the other hand, most
- [Is The Need For Tort Reform Overblown?](https://todaysgeneralcounsel.com/need-tort-reform-overblown/) - It’s widely believed that medical malpractice lawsuits and the ease with which plaintiffs can garner lavish payouts are a major factor in high healthcare costs, high med-mal insurance premiums and the widespread practice of “defensive medicine.” Pete Reilly, the Healthcare Practice Leader at William Gallagher Associates Insurance Brokers, says there is strong evidence that it's
- [New Class Action Target: Food and Beverage “Process” Claims](https://todaysgeneralcounsel.com/new-class-action-target-food-beverage-process-claims/) - Going a step beyond now familiar class actions over label claims like "natural," some plaintiffs are now alleging false advertising or deception on the basis of claims relating to the processes involved in producing food or beverage products, writes Bryan Cave attorney James D. Smith. One recent case alleges that purchasers of Chiquita bananas are
- [Negative Trend For Insureds In Federal Courts](https://todaysgeneralcounsel.com/negative-trend-insureds-federal-courts/) - A case from the Eleventh Circuit Court of Appeals involved an $8.5 million liability claim against Wellons Inc., resulting from the failure of some boiler-type equipment the company was responsible for. Wellons’ claim under a CGL policy was denied by Lexington Insurance Company, and a dispute ensued over the effect of a reservation of rights
- [Big FCPA Risks For Smaller Companies](https://todaysgeneralcounsel.com/big-fcpa-risks-smaller-companies/) - In an increasingly global economy, it’s a short step from being a relatively small local or regional business to being a relatively small international business that has markets thousand of miles away. Phillips Lytle partner James Kevin Wholey, writing in the Buffalo (New York) Law Journal, takes note of this development and some baggage that
- [Why Did Tinder Shut Down Gap?](https://todaysgeneralcounsel.com/tinder-shut-gap/) - The mobile dating app Tinder was about to become the platform for Gap's native advertising campaign. Other companies have launched similar campaigns - defined in this post from Katten Muchin Rosenman as “advertising that takes on the form of a platform's content” - and gotten away with it, but in this case Tinder said no,
- [Artificial Websites With Real Lawyers](https://todaysgeneralcounsel.com/artificial-websites-real-lawyers/) - It’s a scam that’s been seen before and one wonders why it’s not seen more often. This time it’s in Scotland. Based on information originating from The Law Society of Scotland and reported in a number of Scottish news outlets, the ABA Journal reports that fake law firm websites, using real lawyer profiles, are duping
- [Mea Culpa Softens The FCPA Hit But Doesn’t Block It](https://todaysgeneralcounsel.com/mea-culpa-softens-fcpa-hit-doesnt-block/) - It looked like a good move: The acquisition of two retail tire companies in Africa, one in Kenya and one in Angola, by Goodyear Tire & Rubber Co., although with $20 million each in annual revenues, these two businesses were hardly noticeable on the spread sheet of a company that had $20 billion in revenues
- [Unanimous SCOTUS Strengthens Regulators’ Hand](https://todaysgeneralcounsel.com/unanimous-scotus-strengthens-regulators-hand/) - The Supreme Court has ruled that federal agencies do not have to go through a public notification and comment period before altering their interpretation of an agency rule. The decision in Perez v. Mortgage Bankers Association, with an opinion authored by Justice Sonia Sotomayor, was unanimous. The case involved a Department of Labor interpretation of
- [When In Doubt, Deal Makers Should Assume CFIUS Is Interested](https://todaysgeneralcounsel.com/when-in-doubt-deal-makers-should-assume-cfius-is-interested/) - The inter-agency Committee on Foreign Investment in the United States (CFIUS) is charged with reviewing transactions that could result in control of a U.S. business by a foreign entity. Where the Committee finds a threat to U.S. security, the transaction may be subject to “mitigation requirements” or referral for further review. Last month CFIUS published
- [Antitrust Risk In Earnings Calls And Investor Presentations](https://todaysgeneralcounsel.com/antitrust-risk-in-earnings-calls-and-investor-presentations/) - It’s a mistake to think that only private conspiratorial communications can be the basis for an antitrust charge. Baker Botts attorneys look at some recent examples where something far less than an agreement to conspire triggered legal action from either the FTC or the Department of Justice, and they provide a list of dos and
- [When Compliance Officers Can Be Whistleblowers](https://todaysgeneralcounsel.com/when-compliance-officers-can-be-whistleblowers/) - The bounty program under Dodd-Frank rewards whistleblowers who provide information that leads to an SEC enforcement action that totals more then $1 million, but some employees are not eligible to become whistleblowers. Per SEC regulations, they include anyone whose primary duty is compliance or audit, and both in-house and outside personnel conducting corporate investigations. But
- [Stanford Ponzi Scheme Ensnares Golf Channel](https://todaysgeneralcounsel.com/stanford-ponzi-scheme-ensnares-golf-channel/) - The Golf Channel once received a hefty advertising and sponsorship fee - $5.9 million -from Stanford International Bank, likely because the bank was interested in reaching potential investors in the Golf Channel’s high-net worth audience, writes Levenfeld Pearlstein attorney Jason B. Hirsh, in an article about a recent Fifth Circuit Court of Appeals case. On
- [Survey Highlights Cybersecurity Risk To Board](https://todaysgeneralcounsel.com/survey-highlights-cybersecurity-risk-to-board/) - A recent survey from Thomson Reuters finds that corporate boards are lagging in their adoption of basic security measures, and that they are relatively unengaged on the issue of company cybersecurity compared to other areas of potential board interest. Among the findings: There has been an increase of eight percent in the number of organizations
- [Deferred Prosecutions Under Fire](https://todaysgeneralcounsel.com/deferred-prosecutions-under-fire/) - Deferred prosecutions for corporate crimes are rampant and ineffectual, according to the author of a new book featured on National Public Radio. Brandon Garrett of the University of Virginia law school, author of “Too Big to Jail,” tells NPR’s Jim Zarroli that it took some digging, but he found there have been more than 300
- [Amish Miners Face Off Against Labor Dept In Hard Hat Dispute](https://todaysgeneralcounsel.com/amish-miners-face-off-against-labor-dept-in-hard-hat-dispute/) - Workplace safety regulations in Pennsylvania mines have come in conflict with the strict dress code for practicing Amish miners, and one Republican lawmaker is heading up an effort to allow a religious exemption. The Department of Labor’s Mine Safety and Health Administration (MSHA) requires all employees to wear hard hats to protect against head injuries,
- [Senate Hearings Scrutinize Cyber Insurance](https://todaysgeneralcounsel.com/senate-hearings-scrutinize-cyber-insurance/) - Someone doing basic homework on this increasingly pressing topic will find plenty to chew on in this post from PropertyCasualty360, which summarizes and links to a Senate subcommittee hearing held earlier this month, under the title of “Examining the Evolving Cyber Insurance Marketplace." Representatives from the cybersecurity industry, insurance industry and from academia discussed the
- [Gun Rights In The Workplace vs Employer Property Rights](https://todaysgeneralcounsel.com/gun-rights-in-the-workplace-vs-employer-property-rights/) - States are enacting laws, sometimes called "parking lot laws,” that prohibit employers from banning firearms on their property. These laws pit an employer's right to control its property and workplace against the right, codified in many states, to own and bear firearms. Some of these laws provide employers with immunity from liability if employees cause
- [Upcoming Supreme Court IP Cases Will Have Big Impact](https://todaysgeneralcounsel.com/upcoming-supreme-court-ip-cases-will-have-big-impact/) - Two pending Supreme Court cases will have a significant impact on patent holders and patent valuations...
- [New Research: Lawyers Not Despised](https://todaysgeneralcounsel.com/new-research-lawyers-not-despised/) - Researchers observed that few legal malpractice suits result in jury verdicts. One explanation reflects the perception that lawyers are...
- [A Chicago Lawyer, Loathed In Silicon Valley](https://todaysgeneralcounsel.com/a-chicago-lawyer-loathed-in-silicon-valley/) - A specialist in suing tech companies for privacy violations, his targets have included Amazon, Google, Apple, and many others less well known, and he may have won as much $1 billion.
- [European Regulators, With a Big Stick, Eye U.S. Tech Giants](https://todaysgeneralcounsel.com/european-regulators-with-a-big-stick-eye-u-s-tech-giants/) - European regulators continue to scrutinize the biggest U.S. tech companies for possible antitrust and privacy violations, the New York Times reports. Apple’s new music streaming service is said to be the latest product to have gotten the attention of Europe’s competition antitrust authorities. A five-year long investigation of Google, meanwhile, has taken a new turn.
- [Still Waiting For An FCPA Super Bowl](https://todaysgeneralcounsel.com/still-waiting-for-an-fcpa-super-bowl/) - The Supreme Court missed a chance to resolve an important question of terminology in the Foreign Corrupt Practices Act. The FCPA bar had hoped that one particular case would spur a ruling on what an “instrumentality” of a foreign government is, but certiorari was not granted. Interest in this question is especially high because FCPA
- [A Litigation Support Wish List For General Counsel](https://todaysgeneralcounsel.com/a-litigation-support-wish-list-for-general-counsel/) - A survey comes up with a wish list from litigation support for what can be done differently to help ease the e-discovery burden.
- [Defensible Deletion After Information Theft Is Discovered](https://todaysgeneralcounsel.com/defensible-deletion-after-information-theft-is-discovered/) - What can a responsible employer do when it finds that a new hire has taken sensitive information from a former employer - a competitor of the company - and now that information is on the company’s computer systems? Can the company purge this information while also avoiding allegations of destroying evidence? In a Today’s General
- [Volkov: Old CCO Model Is Dead](https://todaysgeneralcounsel.com/volkov-old-cco-model-is-dead/) - Corporations need a CCO with a chair in the C-suite, according to a leader in the ethics and compliance field referenced at length in the Corruption Crime & Compliance blog of the Volkov Law Group. The old model, in which the Compliance Officer reports to the Chief Legal Officer, is dead, Michael Volkov, CEO and
- [Cybersecurity Enforcement Hooks For The SEC](https://todaysgeneralcounsel.com/cybersecurity-enforcement-hooks-for-the-sec/) - The SEC’s interest in cybersecurity began modestly enough in 2011 with letters requesting information, but it quickly moved to include enforcement actions. In 2014 and continuing this year, numerous comments by SEC officials, from the chair on down, have made it clear that cybersecurity is now a major enforcement priority. Attorneys from Wilmer Hale, writing
- [Buying Cyber Insurance In An Imperfect Market](https://todaysgeneralcounsel.com/buying-cyber-insurance-in-an-imperfect-market/) - There has never been anything comparable to the risks from a cyber-attack. What makes them unique and what that means for companies that are buying cyber insurance.
- [Mixed Decision In Vermont GMO Labeling Case](https://todaysgeneralcounsel.com/mixed-decision-in-vermont-gmo-labeling-case/) - In the nation’s first test of a GMO labeling law, the results were mixed for plaintiff Grocery Manufacturers Association. The State of Vermont's "Act 120" requires that certain food be labeled as containing genetically engineered ingredients. Act 120, which also bans the term "natural" from the label of any products so designated, is scheduled to
- [Shakeup Looming For Cosmetics Regulation](https://todaysgeneralcounsel.com/shakeup-looming-for-cosmetics-regulation/) - In a client alert, attorneys from Wilson Sonsini Goodrich & Rosati say that FDA regulation, as proposed in a recently introduced bipartisan Senate bill, would be the biggest increase in personal care product regulation in more than 70 years, and they give the bill a good chance of passing. Introduced by Senators Dianne Feinstein (CA-D)
- [Cosmetics Regulation Under Fire In NYT Investigation](https://todaysgeneralcounsel.com/cosmetics-regulation-under-fire-in-nyt-investigation/) - An investigation into the nail care industry by the New York Times finds rampant health problems among salon workers as the result of their exposure to chemicals, and a regulatory system that fails to protect them. According to Dr. David Michaels, head of the federal Occupational Safety and Health Administration, the failure lies in the
- [Upcoming Changes In EU Privacy Regs: A Guide](https://todaysgeneralcounsel.com/upcoming-changes-in-eu-privacy-regs-a-guide/) - The EU has released a proposed updated and ostensibly harmonized version of its current data protection law, which goes back to 1995. Hunton & Williams attorneys have written an extensive guide and analysis to this lengthy document for in-house attorneys. Separately, in a press release announcing the publication of its guide, the firm provides a
- [FTC Casting A Wary Eye On Location Trackers](https://todaysgeneralcounsel.com/ftc-casting-a-wary-eye-on-location-trackers/) - The FTC has taken an interest in location tracking, a practice that has become a useful business tool for many retailers and hotels, among others, and a business in itself. A post from Perkins Coie looks at two recent development on this front: the announcement of an FTC enforcement action against a startup retail analytics
- [What Is ESI, And How Do You “Govern” It?](https://todaysgeneralcounsel.com/what-is-esi-and-how-do-you-govern-it/) - Understanding two basic terms and how their meaning has evolved is the first step in confronting what has become the most difficult...
- [Supply Chain Disclosure Law Catches GCs By Surprise](https://todaysgeneralcounsel.com/supply-chain-disclosure-law-catches-gcs-by-surprise/) - Companies "doing business in California" - broadly defined - are required to make some specific disclosures under The California Transparency in Supply Chains Act.
- [How Much Will A Data Breach Cost?](https://todaysgeneralcounsel.com/how-much-will-a-data-breach-cost/) - A recent study analyzes the costs of data breach remediation in a sample of 61 U.S. companies. The numbers are...
- [Do Confidentiality Agreements Silence Whistleblowers?](https://todaysgeneralcounsel.com/do-confidentiality-agreements-silence-whistleblowers/) - A survey finds that many employees in the financial industry see wrongdoing but don’t report it, and some hold their tongue because of what they understand as strictures imposed by confidentiality agreements or other policies that could work against them if they snitched. This trend was found to be most pronounced among senior employees, with
- [DOJ: No Need To “Boil The Ocean” To Get Cooperation Credit](https://todaysgeneralcounsel.com/doj-no-need-to-boil-the-ocean-to-get-cooperation-credit/) - Internal investigations, in order to receive cooperation credit from the Department of Justice, can be “appropriately tailored to the facts at issue,” says the Chief of the Department of Justice Fraud Section, Andrew Weissmann. Speaking at a panel about the Federal Corrupt Practices Act, Weissman maintained that DOJ investigators and the companies they investigate share
- [Coming Soon: Self-Regulatory Industry Privacy Rules](https://todaysgeneralcounsel.com/self-regulatory-industry-privacy-rules-coming-soon/) - The privacy and transparency rules developed by the Digital Advertising Alliance (DAA) go into effect on September 1. They will apply to “app developers, analytics companies, advertising networks, app platform providers, and providers of devices and related services,” explains a client alert from Wilson Sonsini. The rules require covered businesses to provide clear notice of
- [New Rule Redefines Federal Waters, Many Businesses Affected](https://todaysgeneralcounsel.com/new-rule-redefines-federal-waters-many-businesses-affected/) - A federal rule will significantly expand federal jurisdiction under the Clean Water Act. The rule essentially redefines “waters of the United States” to include tributaries of all navigable waters, no matter how small and irregardless of the “timing” of the flow. As the result of over a million comments to the initial proposed rule, the
- [Forming A Sharia-Compliant Fund](https://todaysgeneralcounsel.com/forming-a-sharia-compliant-fund/) - There are five principles to keep in mind when forming a Sharia-compliant financing vehicle, explains Catriona McDevitt, counsel in Akin Gump's Abu Dhabi office. Probably the most widely known has to do with “riba,” or interest. Although profit from a commercial risk is acceptable, interest is not. Nor is “gharrar,” which translates as “uncertainty,” arguably
- [Legal Issues Affecting Generic Drugs](https://todaysgeneralcounsel.com/legal-issues-affecting-generic-drugs-2/) - Inter partes review has emerged as a useful tool for generic pharmaceutical companies to supplement litigation, generic filers IPRs also have downsides...
- [EEOC Pursuing Discrimination Cases Aggressively](https://todaysgeneralcounsel.com/eeoc-pursuing-discrimination-cases-aggressively/) - To some extent, the EEOC has been thwarted in its efforts to mount so-called “systemic discrimination” cases. For example, in 2014 the agency completed fewer systemic investigations, recovered less despite more settlements, and filed fewer systemic lawsuits than it did in the previous year. Nonetheless, Today’s General Counsel columnist Barry Hartstein from the Littler firm
- [CareFirst: A Primer on Data Breach Response](https://todaysgeneralcounsel.com/carefirst-a-primer-on-data-breach-response/) - The breach was headlines last month, but apparently occurred about a year earlier and may have compromised data of more than a million members.
- [Six Steps To Reduce Cyber-Risk](https://todaysgeneralcounsel.com/six-steps-to-reduce-cyber-risk-2/) - All companies are advised to review their data security at least annually, and any time new threats are revealed or new...
- [Privacy Risk In Anti-Bribery And Corruption Programs](https://todaysgeneralcounsel.com/privacy-risk-in-anti-bribery-and-corruption-programs-2/) - Due diligence on third party intermediaries is a necessary component of corporate anti-corruption compliance programs, particularly in foreign jurisdictions. At the same time, companies need to be mindful of the evolving legal landscape concerning data protection and privacy, and evaluate whether or not their third party due diligence practices are conducted in accordance with international
- [Protecting the Company Against Malicious Insiders](https://todaysgeneralcounsel.com/protecting-the-company-against-malicious-insiders-2/) - Among recent breaches that have made headlines, several have involved malicious insiders. It’s an ongoing problem...
- [Breach Response Involves Far More Than Technology](https://todaysgeneralcounsel.com/breach-response-involves-far-more-than-technology/) - Why a comprehensive response strategy needs to extend into other areas of the business, including legal, human resources, public relations, investor relations, media relations, and...
- [Firing Medical Pot User Upheld In Colorado](https://todaysgeneralcounsel.com/firing-medical-pot-user-upheld-in-colorado/) - The Colorado Supreme Court has ruled that using medical marijuana, which is permitted under state law but prohibited under federal law, is not a “lawful activity” under Colorado’s statute. That means that Colorado employers can administer drug-free workplace and testing policies, including taking adverse action on the basis of a positive test result, even if
- [Worker Bill Of Rights In SF, Effective July 3](https://todaysgeneralcounsel.com/worker-bill-of-rights-in-sf-effective-july-3/) - San Francisco’s new “Formula Retail Workers Bill of Rights” becomes effective July 3. It sets out numerous requirements, notably with regard to scheduling and work hours, for “formula retail employers” (chain stores, as defined in the ordinance) in the city. Under the new law, these businesses, among other things, will need to provide their employees
- [How To Avoid Whistleblower Retaliation Claims](https://todaysgeneralcounsel.com/how-to-avoid-whistleblower-retaliation-claims/) - More than one in five whistleblower complaints to the SEC eventuates in a retaliation complaint, reports FindLaw writer Casey Sullivan, and he provides five tips for avoiding them. One is to keep a clear and complete record of all employment decisions, including warnings, reprimands or firings. All make sense for any company that wants to
- [Some App-Based Startup Firms Are Hiring Real Employees](https://todaysgeneralcounsel.com/some-app-based-startup-firms-are-hiring-real-employees/) - Whether they are worried about getting blind-sided by a definitional change of “contract worker” (as signaled by a recent California decision that went against Uber) or because they have come to believe that “real employees are better employees,” some app-based startups are going back to the old model, writes New York Times reporter Farhad Manjoo.
- [How Hackers Become The "Insider" In Insider Trading](https://todaysgeneralcounsel.com/how-hackers-become-the-insider-in-insider-trading-2/) - Reuters reports that the SEC is questioning eight companies about possible security breaches that allowed hackers to get information about such matters as pending mergers and contracts, for what could be considered a new kind of insider trading. The inquiry is said to have been precipitated by a report fromFireEye Inc., a security company. According
- [Cybersecurity Number One Perceived Risk](https://todaysgeneralcounsel.com/cybersecurity-number-one-perceived-risk/) - In a survey that queried risk managers and insurers, 70 percent of respondents listed cybersecurity as their top perceived casualty exposure. Product recall and drones were tied at a distant number two. “Healthcare and retail have been the major buyers in the cyber space to date but we are seeing an increasing conversion rate across
- [In Uber Ruling, Potent Message From CA’s Labor Commissioner](https://todaysgeneralcounsel.com/in-uber-ruling-potent-message-from-cas-labor-commissioner/) - When the California Labor Commissioner decided in favor of a plaintiff driver who had alleged that Uber had misclassified her as an independent contractor, the award was just $4,152.20. But the decision could have a big impact on Uber and other companies with a similar business plan. LeClairRyan attorney Brian Inamine explains why, and why
- [Supreme Court To Rule On "No-Harm" Damages In Privacy Suits](https://todaysgeneralcounsel.com/supreme-court-to-rule-on-no-harm-damages-in-privacy-suits-2/) - Later this year the Supreme Court will hear a case in which a consumer filed a putative class action under the Fair Credit Reporting Act, without claiming he had suffered actual harm. The case, Spokeo, Inc. v. Robins, will settle a question on which the circuits have split. The question is whether a plaintiff who
- [The Rise of Compliance](https://todaysgeneralcounsel.com/the-rise-of-compliance/) - Though bigwigs like JPMorgan Chase CEO Jamie Dimon consider them antithetical to “actual business,” the rise in demand for compliance personnel is undeniable, Anthony Effinger writes for Bloomberg. Dimon’s firm has hired more than 8,000 compliance and control people since the 2008 financial crisis, a trend that is present throughout the business world as public
- [More Criticism Of SEC's In-House Court System](https://todaysgeneralcounsel.com/more-criticism-of-secs-in-house-court-system-2/) - The SEC’s system of in-house administrative judges, operating under trunacated litigation rules, continues to come under fire, and from more than one direction. As New York Times columnist Gretchen Morgenson frames the question, “Given that administrative law judges are employees of the S.E.C., defendants wonder if they can be fair. And is it right for
- [Whistleblower Takes Files, Charged With Theft](https://todaysgeneralcounsel.com/whistleblower-takes-files-charged-with-theft/) - The woman had filed discrimination and retaliation claims against her employer and maintained she took the files, which included confidential student records, to support her claims.
- [Another FCPA Defendant Walks After Trial](https://todaysgeneralcounsel.com/another-fcpa-defendant-walks-after-trial/) - The chief of the Department of Justice FCPA unit has said pursuing individual defendants is now a priority, but the agency is not having much success, writes Barnes & Thornburg attorney Kathleen Matsoukas. The latest setback came in the trial of the co-CEO of an oil services outsourcing company that was operating in Columbia. He
- [Cyber Policies That Exclude What The Customer Wants To Insure](https://todaysgeneralcounsel.com/cyber-policies-that-exclude-what-the-customer-wants-to-insure/) - There is a provision in some data breach liability policies that would seem to exclude the very risk the insured was seeking to insure.
- [FTC Clarifies Its Data Security Requirements](https://todaysgeneralcounsel.com/ftc-clarifies-its-data-security-requirements/) - The Federal Trade Commission is making a concerted effort to clarify what it expects from companies with regard to security protocols for storing and processing consumers’ personal information. The initiative began in March with the rollout of the agency’s “Start with Security” initiative, followed by a guidance on June 30. Now it has scheduled a
- [Two Most-Used Pesticides Will Undergo EPA Scrutiny](https://todaysgeneralcounsel.com/two-most-used-pesticides-will-undergo-epa-scrutiny/) - In what it calls a major win for environmentalists, Courthouse News Service reports that the EPA has settled with the Center for Biological Diversity with an agreement to analyze the effects of four common pesticides on endangered species. The four include glyphosate and atrazine, the two that are the most widely-used in the United States.
- [Attorney-Client Privilege Upheld In District Court](https://todaysgeneralcounsel.com/attorney-client-privilege-upheld-in-district-court/) - In a powerful affirmation of attorney-client privilege, a federal district court in Georgia has dismissed a legal malpractice claim against a law firm. The plaintiff, which was the receiver for a financial services firm, argued that the law firm should have notified the SEC of deficiencies in the financial firm’s accounting, and that had it
- [The Imposter CEO, And Other Insidious Phishing Scams](https://todaysgeneralcounsel.com/the-imposter-ceo-and-other-insidious-phishing-scams/) - The protection of a trademark is not the only reason to go after domain-name squatters. McCarter & English attorneys Susan Okin Goldsmith and Scott M. Smedresman explain how an appropriated near-copy of a domain name can be a security risk. They recount some particularly insidious scams, including one that resulted in a company executive wiring
- [CA Bill Would Protect Consumer Location and Biometric Data](https://todaysgeneralcounsel.com/ca-bill-would-protect-consumer-location-and-biometric-data/) - A bill that appears to be on track for passage would extend California data privacy law to geophysical location and biometric data.“The bill reflects an increasing interest in geophysical location information as a protected form of personal data and, whether it passes or not, it is unlikely to be the last word on the subject,”
- [FTC's Privacy Policy Lambasted As Anti-Innovation](https://todaysgeneralcounsel.com/ftcs-privacy-policy-lambasted-as-anti-innovation-2/) - If "big brother is watching you," per George Orwell, then the FTC is watching big brother (at least in his private sector guise) and presumably keeping him in check. But what if big brother isn’t watching you, but rather is watching your cell phone location, while claiming he doesn’t know who you are and doesn't
- [Caution About Using FCC Advisory Opinions Re "Open Internet"](https://todaysgeneralcounsel.com/caution-about-using-fcc-advisory-opinions-re-open-internet-2/) - Shortly before the Fourth of July holiday, the FCC announced the process by which a company could seek an advisory opinion about how a contemplated business practice would fare under the FCC’s “Open Internet” order. Dorsey & Whitney attorneys consider the pros and cons of taking the FCC up on that opportunity. On the plus
- [Lawyer Who Nailed Trans Fats Now Targeting Devices That Distract Drivers](https://todaysgeneralcounsel.com/lawyer-who-nailed-trans-fats-now-targeting-devices-that-distract-drivers/) - A lawyer who propelled the movement against trans fats with a lawsuit more than 10 years ago now has his sights on another target: the companies that make devices “used in the deadly habit of distracted driving,” reports the New York Times. When he filed a lawsuit against Kraft Foods for marketing Oreos to children,
- [Sysco Merger Blocked: What Are The Takeaways?](https://todaysgeneralcounsel.com/sysco-merger-blocked-what-are-the-takeaways/) - A proposed merger between Sysco Corporation and US Foods, Inc, the two largest foodservice-distribution companies in the U.S., has been blocked by a federal district court. Faegre Baker Daniels attorney Emily E. Chow looks at the opinion and finds four takeaways for counsel. One of them - that proposed mergers between the two largest players
- [Big Signature May Signify Financial Misreporting](https://todaysgeneralcounsel.com/big-signature-may-signify-financial-misreporting/) - The correlation wasn’t dramatic, but it was statistically significant, according to a team of university researchers. The hard numbers were these: The risk of a restatement goes up by about 50 percent for each square-centimeter increase in the letter size of the CFO's signature. The researchers acknowledge that size of signature is a "fairly crude
- [GMO Warning From Author Of "The Black Swan"](https://todaysgeneralcounsel.com/gmo-warning-from-author-of-the-black-swan-2/) - The author of “The Black Swan" and hedge fund manager and author Mark Spitznagel wrote before the crash of 2007 that the economic system was “fragile and unsustainable,” and they see something similar in...
- [For U.S. Companies, Ignorance Of Canada Privacy Law Could Be Costly](https://todaysgeneralcounsel.com/for-u-s-companies-ignorance-of-canada-privacy-law-could-be-costly/) - A Q&A with Fasken Martineau partner Alex Cameron, about recent developments in Canadian privacy and cybersecurity law. Plaintiffs are seeking damages in these cases under a number of novel or heretofore neglected theories, including “waiver of tort,” which can entail disgorgement of profits by a defendant who has avoided incurring the cost of doing effective
- [Decision-Making After A Breach](https://todaysgeneralcounsel.com/decision-making-after-a-breach/) - Chris Pogue from Nuix runs down a list of seven key decisions a company will need to make after it suffers a data breach. They include deciding whether or not to retain external counsel and forensics experts; deciding what to tell customers and when; deciding how to handle media inquiries and public relations; and deciding
- [DOL Clarifies "Independent Contractor"](https://todaysgeneralcounsel.com/dol-clarifies-independent-contractor-2/) - Last week the Department of Labor issued new guidance on how to determine whether a worker is an employee or an independent contractor. The release breaks no new ground, but it’s the first time the DOL position has been codified in the form of an Administrator Interpretation, and it adopts "perhaps the most expansive definition
- [Mass Emigration Predicted For Florida](https://todaysgeneralcounsel.com/mass-emigration-predicted-for-florida/) - The environmental crisis in parts of Florida, notably the Miami-Ft. Lauderdale corridor, is irreversible, according to an article in the Toronto Globe and Mail. Scientists are now suggesting that “in the long run, much of South Florida cannot be saved and that policymakers should begin planning for how to best deal with a massive northward
- [Another "Sharing Economy" Employment Suit, And Company Shuts Down](https://todaysgeneralcounsel.com/another-sharing-economy-employment-suit-shuts-company-down-2/) - Homejoy joins a list of “sharing-economy” companies, the best known of which is Uber, that have been targeted in similar lawsuits.
- [What Employers Are Concerned About Now: The Littler Survey](https://todaysgeneralcounsel.com/what-employers-are-concerned-about-now-the-littler-survey/) - In-house counsel, HR professionals and other executives were surveyed to determine which legal and regulatory issues are currently of greatest concern...
- [Court Denies Reward For Whistleblower Who Aided Scheme](https://todaysgeneralcounsel.com/court-denies-reward-for-whistleblower-who-aided-scheme-2/) - The whistleblower in a False Claims Act case that settled for $19 million won’t get any of it, said a three-judge panel of the Ninth Circuit Court of Appeals. The relator in the case, which concerned false billing on a nuclear cleanup, had admitted his role in the fraud and pleaded guilty to felony conspiracy.
- [Mandatory ADR Clause Backfires For Insurer](https://todaysgeneralcounsel.com/mandatory-adr-clause-backfires-for-insurer-2/) - Insurer Columbia Casualty Co. had a mandatory alternative dispute resolution clause written into its contract with a health care provider. Such clauses were once found only in policies written by foreign insurers, but U.S. insurers are now including them in all kind of corporate insurance, including general liability, D&O, E&O, employment, and cyber. These clauses
- [Plaintiff-Friendly "Public Knowledge" Whistleblower Ruling In 9th Circuit](https://todaysgeneralcounsel.com/plaintiff-friendly-public-knowledge-whistleblower-ruling-in-9th-circuit-2/) - The Ninth Circuit Court of Appeals gave a “respectful burial” (the court’s words) to a 1992 defendant-friendly precedent that made it more difficult for a relator (whistleblower) to bring a qui tam lawsuit if the information on which it is based is public. The 1992 Wang decision (U.S. ex rel. Wang v. FMC Corp.) had
- [General Counsel Must Discuss Cybersecurity With Their Boards](https://todaysgeneralcounsel.com/general-counsel-must-discuss-cybersecurity-with-their-boards-2/) - General counsel responsibility includes insuring that directors have adequate information in advance of any decision-making and continuous...
- [How To Address A $100 Billion IP Problem With A Drafting Revision](https://todaysgeneralcounsel.com/how-to-address-a-100-billion-ip-problem-with-a-drafting-revision/) - A post from Benesch notes that Gartner analysts predict that starting in 2018 there could be $100 billion per year in intellectual property losses as the result of 3D printing. Whatever the actual number proves to be, it’s pretty certain that a large percentage of it will be the result of customers who have bought
- [What the Pao Case Says About Diversity](https://todaysgeneralcounsel.com/what-the-pao-case-says-about-diversity-2/) - Despite the outcome, the Ellen Pao case has sparked a necessary and overdue national conversation on workplace discrimination in the male-dominated world of Silicon Valley.
- [Antitrust Whistleblower Law Passes The Senate](https://todaysgeneralcounsel.com/antitrust-whistleblower-law-passes-the-senate/) - The Senate has passed the Criminal Antitrust Anti-Retaliation Act of 2015 (CAARA). It gives protection to whistleblowers who provide, to either their employer or to the government, information they believe relates to antitrust violations. Those protected include, in addition to employees, contractors, subcontractors and agents of the employer. There is no bounty in this program,
- [More Litigation Predicted For "Autodialers," Now More Broadly Defined](https://todaysgeneralcounsel.com/more-litigation-predicted-for-autodialers-now-more-broadly-defined-2/) - The Federal Communications Commission has issued a declaratory ruling that expands the reach of the Telephone Consumer Protection Act. The new ruling broadens the definition of an “automatic telephone dialing system” and many companies are going to have to change their practices as a result, according to a post from Foley & Lardner. The ruling
- [Insurance Considerations When Negotiating Commercial Contracts](https://todaysgeneralcounsel.com/insurance-considerations-when-negotiating-commercial-contracts-2/) - Lowenstein Sandler attorney Catherine J. Serafin looks at an issue that often does not get the attention it deserves from in-house counsel. Insurance implications are routinely overlooked in commercial contracts, she writes. Contracts to receive or perform services, to supply or receive goods or raw materials, and evidencing mergers and acquisitions – each has its
- [The Mounting Threat from Counterfeits](https://todaysgeneralcounsel.com/the-mounting-threat-from-counterfeits-2/) - Counterfeiting may become a problem for virtually any company with a successful product, creating significant potential for bad outcomes for consumers, as well as PR problems for the company whose products are being counterfeited. The writers also cite instances of a particularly troubling legal issue: In a few cases, plaintiffs have tried to hold companies
- [Securities Class Actions Tepid, But Hot In CA](https://todaysgeneralcounsel.com/securities-class-actions-tepid-but-hot-in-ca/) - The pace of securities class actions was down in the first half of 2015, according to a report from Cornerstone Research and the Stanford Law School Securities Class Action Clearinghouse. The number of new filings, at 85, was a decrease from the last half of 2014 and also significantly lower than the semiannual average (94
- [Nuts & Bolts of Representations And Warranties Insurance](https://todaysgeneralcounsel.com/nuts-bolts-of-representations-and-warranties-insurance-2-2/) - A Today’s General Counsel article is a primer on the structure, coverage, exclusions, retention and costs of representations and warranties insurance. RWI in a form of highly customized insurance for risk in M&A transactions. Sellers have used RWI to maximize closing proceeds and exit cleanly. Purchasers have used RWI to obtain additional protection beyond the
- [How To Stop Internal Data Breaches](https://todaysgeneralcounsel.com/how-to-stop-internal-data-breaches/) - A major share of all data breach schemes are perpetrated by insiders, according to the Association of Certified Fraud Examiners, with estimated costs now exceeding $3 trillion annually. To address this threat companies need to monitor all in-house use of systems. But simply monitoring is not enough, according to Matt Carey, writing in the Risk
- [Uber Sued For Lax Background Checks](https://todaysgeneralcounsel.com/uber-sued-for-lax-background-checks/) - The district attorneys of Los Angeles and San Francisco are suing the ride service Uber, claiming that its system for doing background checks is inadequate, and that amounts to customer deception. The DAs allege the vetting system used by Uber is not as thorough as the one used by taxi companies, in a complaint that
- [Troll Insurance For A Novel Target: Advertisers](https://todaysgeneralcounsel.com/troll-insurance-for-a-novel-target-advertisers/) - The Association of National Advertisers has launched an insurance product that is intended to protect national advertisers from infringement claims against some common practices, such as the use of QR codes to direct a mobile device user to web content and methods for putting a store locator on a website. “Patent trolls have been a
- [Drone Showdown Ahead?](https://todaysgeneralcounsel.com/drone-showdown-ahead/) - In a letter to FAA Administrator Michael Huerta, Sen. Richard Blumenthal (D-Conn.) called on the agency to “take aggressive action” to prevent drone activity that could endanger commercial aircraft. "Numerous recent news stories have detailed the growing capability of ordinary citizens to launch and pilot sophisticated, sizeable devices that have flown into prohibited airspace, threatened
- [Compare Your E-Discovery Program To Industry](https://todaysgeneralcounsel.com/compare-your-e-discovery-program-to-industry/) - In a survey, FTI Consulting queried 31 in-house counsel from Fortune 1000 companies to get their advice and perspectives on e-discovery trends. This is FTI’s ninth "Advice from Counsel" report over seven years. Subjects covered include cost reduction through the use of analytic tools, data retention policies and data security. One interesting finding was an
- [Mounting Danger From Cheap Oil](https://todaysgeneralcounsel.com/mounting-danger-from-cheap-oil/) - Countries with as little in common as Ecuador, Saudi Arabia, Nigeria, Russia and Iraq are being severely stressed by the continuing fall in the price of oil, because they all have one thing in common: They are net oil exporters whose economy depends on it. What has been their economic lifeblood has turned into an
- [Jolt For Business As NLRB Redefines "Joint Employer"](https://todaysgeneralcounsel.com/jolt-for-business-as-nlrb-redefines-joint-employer-2/) - To be considered a “joint employer,” a company no longer needs to have direct and immediate control over the terms and conditions of the work.
- ["Troubled Past" Of TV Shooter Highlights Conundrum For Employers](https://todaysgeneralcounsel.com/troubled-past-of-tv-shooter-highlights-conundrum-for-employers-2/) - The horrific on-the-air murder of a tv news crew again raises the conundrum faced by employers, as they try to walk the thin line between violating the rights of employees and potential employees and opening themselves up to negligence claims, and worse, for failing to prevent a disaster. Washington Post reporter Sarah Halzack talks to
- [Workplace Stress As Bad As Second-Hand Smoke](https://todaysgeneralcounsel.com/workplace-stress-as-bad-as-second-hand-smoke/) - A study from researchers at Harvard and Stanford has found that workplace stress is about as bad for a worker’s health as second-smoke. Stress factors identified in the study were long working hours, shift work, work-family conflict, high job demands, and low job control. Among the findings: Work-family conflict more than doubled the odds of
- [Legal Considerations In A Data Breach Response Strategy](https://todaysgeneralcounsel.com/legal-considerations-in-a-data-breach-response-strategy/) - In the short history of the "data breach," there already has been one major turn, with huge consequences for any company that suffers one: Once considered a victim, now that company is a lawsuit target. Chris Pogue, Senior VP, Cyber Threat Analysis at Nuix, explores the implications of this development, in particular what it requires
- ['New Law' Lures Overworked Lawyers](https://todaysgeneralcounsel.com/new-law-lures-overworked-lawyers-2/) - BigLaw’s long hours and poor work-life balance have led to a growing trend in legal services called ‘New Law.’ It consists of a group of entrepreneurial businesses that poach exhausted attorneys, offering them a more humane way to work. According to a new study by the Center for Worklife Law, dozens of such businesses are
- [Q&A On Cyber Insurance](https://todaysgeneralcounsel.com/qa-on-cyber-insurance-2/) - Cyber insurance is a relatively new product, not surprising considering that what it insures against was practically unheard of 20 years ago. There’s no standard form for it, with new forms appearing almost as fast as new cyber claims are reported. In this Q&A, Holland & Knight attorney Thomas H. Bentz Jr. looks at what
- [Laptop Left In Airport Restroom](https://todaysgeneralcounsel.com/laptop-left-in-airport-restroom/) - The employee who spaced out on the laptop worked for a financial services firm, and the laptop contained client information going back more than two decades. The firm was subsequently fined $225,000 by the financial industry’s self-regulating entity, FINRA (the Financial Industry Regulatory Authority). There is probably no way to insure such mistakes will never
- [Tricky Evidence Qs For Environmental Trial Lawyers](https://todaysgeneralcounsel.com/tricky-evidence-qs-for-environmental-trial-lawyers/) - Environmental trial lawyers often begin what may become a protracted legal battle in a relatively lax administrative forum, so they may need to play two games at once.
- [CA Label Law Could Get Even Stricter](https://todaysgeneralcounsel.com/ca-label-law-could-get-even-stricter-2/) - New proposals from the California authority that administers Proposition 65 would make the law even more onerous, according to a post from Morrison & Foerster, which has a major practice defending companies in Prop 65 litigation. MoFo attorneys say that recent proposed changes from California’s Office of Environmental Health Hazard Assessment (OEHHA) essentially negate a
- [AI Can Generate Big Liabilities](https://todaysgeneralcounsel.com/ai-can-generate-big-liabilities/) - Consumers who have been steamrollered by algorithms - e.g., unfairly denied credit or the opportunity to rent an apartment - have been looking to class action lawyers and the courts for redress, and in many cases finding it. A post from AI Daily summarizes the risks in employing AI for such purposes and suggests some
- [Portrait Of The Artist As Identity Thief](https://todaysgeneralcounsel.com/portrait-of-the-artist-as-identity-thief/) - The son of a family that owned an electronics store in Vietnam, Hieu Minh Ngo got his first computer around the age of 12. Attending college in New Zealand, where he studied English, he found his way into the school's computer network and figured out how to access, among other things, credit card data. When
- [Courts Holding Amazon Liable For Defective Products](https://todaysgeneralcounsel.com/courts-holding-amazon-liable-for-defective-products/) - More than 2.5 million third-party vendors, based everywhere from Arkansas to China, sell their goods on Amazon, which typically takes a cut of roughly 15 percent. Until recently when customers had product complaints that reached the level of a lawsuit, Amazon was able to fend it off, but according to an article in the Washington
- [How In-House Counsel Can Protect Trade Secrets](https://todaysgeneralcounsel.com/how-in-house-counsel-can-protect-trade-secrets-2/) - As bring-your-own device policies proliferate and digital storage becomes cheaper and more prevalent, it gets easier to pilfer trade secrets. Whether intentional or unintentional, it can involve the transfer of trade secrets in either direction - in or out. This Today’s General Counsel article discusses the most common scenarios, and suggests some best practices for
- [“Vishing" Threat To Employees Working At Home](https://todaysgeneralcounsel.com/vishing-threat-to-employees-working-at-home/) - The modus operandi isn’t new, but the goal has evolved and is more insidious. Before the pandemic, vishing (voice phishing) mainly went after a single victim, trying to wheedle a social security number or essential bank or credit card information. But now, with many corporate employees working from home, a more refined variation can put
- [Data-Breach Conundrum For In-House Counsel Now Said To Include Potential Personal Liability](https://todaysgeneralcounsel.com/data-breach-conundrum-for-in-house-counsel-now-said-to-include-potential-personal-liability/) - A data breach brings with it some of the most difficult calls in-house legal will ever have to make. What happened? How serious is it? How much detail do we need to disclose? To whom, and precisely when? Such decisions often are “intertwined with one another and hampered by incomplete and emerging facts,” observes this
- [No Communication, No Privilege](https://todaysgeneralcounsel.com/no-communication-no-privilege/) - What constitutes a privileged communication? This Today’s General Counsel article considers some of the complexities and the light that may be shed on this question by some recent and not so recent court decisions. One finding: Parties that have attempted to claim privilege for written notes on a document that had been reviewed by an
- [Ten Mistakes Lawyers Make in Mediation](https://todaysgeneralcounsel.com/ten-mistakes-lawyers-make-in-mediation-2/) - First on the list: not nailing down a deal that has just been agreed to. After a long day of haggling that ends in a tentative agreement, parties may pack up and walk out, promising to take a shot at a draft settlement agreement later in the week. That’s a big mistake. Second guessing can
- [Pandemic Underscores Need To Insure Intangible Assets](https://todaysgeneralcounsel.com/pandemic-underscores-need-to-insure-intangible-assets/) - A recent joint report from Lloyd's of London and KPMG finds that as much of 85 percent of total business value in many industries now resides in intangible assets. An interview with a Lloyd's executive who heads the company’s North American operations suggests that risks to these assets have been exacerbated by the Covid pandemic,
- [Top Management Will Be Liable For CSP Incidents](https://todaysgeneralcounsel.com/top-management-will-be-liable-for-csp-incidents/) - Gartner research predicts that in four years the top management of companies that suffer cyber-physical security (CSP) incidents will routinely be held liable, especially those incidents that involve fatalities. Gartner defines CPSs as “systems that are engineered to orchestrate sensing, computation, control, networking and analytics to interact with the physical world (including humans).” The security
- [Law Prof: Private Sector Taking The Lead On Climate Action](https://todaysgeneralcounsel.com/law-prof-private-sector-taking-the-lead-on-climate-action/) - With government failing to act or denying a problem exists, major players in the private sector are taking the lead in trying to mitigate climate change, according to Michael Vandenbergh, the director of Vanderbilt Law School's Climate Change Research Network. One example, he says, is Walmart, with its embrace of the LED light bulb as
- [Elevator Repairmen Allege Years Of Blatant Racism On The Job](https://todaysgeneralcounsel.com/elevator-repairmen-allege-years-of-blatant-racism-on-the-job/) - It’s inherently dangerous work, but when it also includes confronting things like “noose” graffiti, the n-word scrawled playfully backwards, racist insults and clueless or actively participating supervisors, and it goes on for years, it really gets creepy. So it is alleged by four Black mechanics in a lawsuit filed against Mitsubishi Electric US, Inc. and
- [Recovering From A Ransomware Attack](https://todaysgeneralcounsel.com/recovering-from-a-ransomware-attack/) - More than half of businesses were hit by a ransomware attack in 2019, at an estimated total cost of $11.5 billion. That’s per a recent survey cited in an article that bypasses the question of prevention and goes straight to a primer on recovery, with five recommended steps. The first is infection detection, which can
- [Patient Death Follows Hospital Ransomware Attack](https://todaysgeneralcounsel.com/patient-death-follows-hospital-ransomware-attack/) - After what apparently was a misdirected ransomware attack, a woman was unable to get emergency treatment at a Dusseldorf, Germany, hospital and had to be transported to another facility. The approximately one hour delay is said to have cost the woman her life. The extortionists apparently were targeting Heinrich Heine University and were unaware their
- [Tesla Wins In Ruling Vs Ex-Employee](https://todaysgeneralcounsel.com/tesla-wins-in-ruling-vs-ex-employee/) - In the latest turn in a protracted legal battle, a federal judge dismissed a defamation claim by a former Tesla employee, while allowing the company's trade secrets case...
- [“Disturbing Images”: A Beleaguered Content Moderator Sues YouTube](https://todaysgeneralcounsel.com/disturbing-images-a-beleaguered-content-moderator-sues-youtube/) - The same lawyer who won a $52 million settlement earlier this year for a Facebook employee is representing a woman who did similar content moderation work for YouTube. The job of content moderation involves looking at a screen for hours at a time in an effort to identify and flag material that should be deemed
- [One Issue Trump & Biden Agree On, And It Could Spell Trouble For Internet Giants](https://todaysgeneralcounsel.com/one-issue-trump-biden-agree-on-and-it-could-spell-trouble-for-internet-giants/) - A report from the non-partisan Technology and Innovation Foundation (ITIF) compares the two candidates’ positions on a range of technology-related issues, and it finds their divergence in this area largely breaks along traditional party lines: A Biden administration would likely support a more active government role in R&D and the advancement of certain sectors, like
- [Healthcare Clobbered By Ransom Attacks, No End In Sight](https://todaysgeneralcounsel.com/healthcare-clobbered-by-ransom-attacks-no-end-in-sight/) - A healthcare industry security publication reports a spate of apparently successful ransomware attacks, in which hackers posted some of the data they claim to have garnered from five separate healthcare organizations, in an effort to pressure them to pay up. (At least one of the five breaches has spawned a class action filing.) The FBI
- [Expect Pandemic-Related Addiction Among Employees](https://todaysgeneralcounsel.com/expect-pandemic-related-addiction-among-employees/) - The coronavirus pandemic is dominating the news, but the current addiction epidemic is critical as well. In fact, the two are inextricably linked. Calls to a 24/7 national hotline dedicated to immediate drug crisis counseling saw an 891 percent increase last March compared to March 2019. Addiction should be treated as a medical issue rather
- [Beware of Politically Exposed Persons, If You Can Figure Out What They Are](https://todaysgeneralcounsel.com/beware-of-peps-politically-exposed-persons/) - The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) wants compliance professionals to be particularly wary of politically exposed persons, which it refers to as “foreign individuals who serve in a prominent public role, foreign individuals who are or have been entrusted with a prominent public function, as well as their immediate family members and close
- [Big Retailers, Landlords, On Collision Course](https://todaysgeneralcounsel.com/big-retailers-landlords-on-collision-course/) - By early summer the statistics were already grim, with fewer than a third of retail tenants paying as little as 75 percent of their rent, according to a recent industry study. In Manhattan average asking rents along 16 major retail corridors declined for the 11th consecutive quarter, according to another report, as the number of
- [Flow Chart For Communication After A Data Breach](https://todaysgeneralcounsel.com/flow-chart-for-communication-after-a-data-breach/) - From the UK, an information security website lays out a systematic communications strategy for companies that have suffered a data breach. This post, a summation/analysis of a an article that appeared in a cybersecurity journal, includes a link to the original, which is essentially a flow chart on handlng communications in the midst of what
- [How Overreach Can Sink An In-House Privilege Claim](https://todaysgeneralcounsel.com/how-overreach-can-sink-an-in-house-privilege-claim/) - In-house legal at Dartmouth college was brought up short, when a judge ruled its privilege claim for a trove of in-house communications exceeds the privilege’s “intended purpose.” The plaintiff was a former Dartmouth student who had been expelled by the college, following a disciplinary proceeding that the student claimed violated the college's own policies. Adding
- [Why Employers Are Vulnerable To “Take-Home” Covid Lawsuits](https://todaysgeneralcounsel.com/why-employers-are-vulnerable-to-take-home-covid-lawsuits/) - It’s a growing litigation niche that could generate billions in liabilities, following a pattern that became familiar in asbestos litigation. These cases allege company liability “even though the plaintiff...
- [The Handy Wallet Card That Says “I’m Friends With The Police”](https://todaysgeneralcounsel.com/the-handy-wallet-card-that-says-im-friends-with-the-police/) - Sometimes called courtesy cards, tens of thousands have been distributed by police union members to simpatico friends and acquaintances, primarily in a few big cities. The drill is, if you are stopped - e.g., for a minor traffic offense or a broken tail light - and you show the card along with your driver’s license,
- [Covid-19 Is Increasing Fraud, But Companies Can Protect Themselves](https://todaysgeneralcounsel.com/covid-19-is-increasing-fraud-but-companies-can-protect-themselves/) - Declining corporate revenues, a dispersed workforce, and an increasingly desperate population is proving to be a potent recipe for fraud. Based on their experience as managing directors at Kroll, and tapping a recent survey by the Association of Certified Fraud Examiners (ACFE), the writers identify four major trends in this arena: security issues arising with
- [Is Internet Gaming Addictive?](https://todaysgeneralcounsel.com/is-internet-gaming-addictive-2/) - Although gaming disorder was defined as an addiction by the World Health Organization in 2018, and that designation has been used as the basis for class action litigation, in fact it is far from definitive, according to attorneys in this article from law firm Womble Bond Dickinson. They cite, for example, the designation by the
- [On One Key Regulatory Precedent, Amy Barrett Is A Cipher](https://todaysgeneralcounsel.com/on-one-key-regulatory-precedent-amy-barrett-is-a-cipher/) - Speculation about how a Supreme Court Justice Amy Coney Barrett would rule has focused on Roe v Wade and Obamacare (not to mention questions arising n a contested election), but author and commentator Christopher Leonard, writing in the New York Times, notes she likely will weigh on another precedent, one extremely consequential for business interests.
- [Challenging Job Opening For Aspiring Tech GC](https://todaysgeneralcounsel.com/challenging-job-opening-for-aspiring-tech-gc/) - The successful candidate for the post of Deputy General Counsel, Chief Ethics and Compliance Officer at Facebook. Menlo Park, Cal., will hold a highly visible and critical role leading Facebook’s enterprise-wide risk management and compliance program, responsible for designing and implementing procedures to mitigate legal and regulatory risk across Facebook’s global business. There is no
- [Impersonator, Using Password “Help,” Breaches 401K Account](https://todaysgeneralcounsel.com/impersonator-using-password-help-breaches-401k-account/) - A hacker convinced a 401K “record keeper” for Abbott Labs to change an employee’s account password, and then managed to sprit away $245,000. The record keeper was working for a company on contract with Abbott, and both companies were named defendants in a lawsuit filed in federal court in Chicago earlier this year. That court
- [The Gaping Holes In Cyber Insurance](https://todaysgeneralcounsel.com/the-gaping-holes-in-cyber-insurance/) - Cyber insurance should be understood as a societal problem, not just a business problem, says a treatise from the Carnegie Endowment. Some fundamental concepts, like war and terrorism exclusions, need to be rethought, and the possibility of government as financial backstop should be taken seriously. One complicating factor, one of many that results in coverage
- [20-Year-Old Hacker & Crew Find “Critical Vulnerabilities” At Apple, Collect $288,500](https://todaysgeneralcounsel.com/20-year-old-hacker-crew-find-critical-vulnerabilities-at-apple-collect-288500/) - A 20-year-old and a team of fellow hackers he assembled after reading about Apple’s bounty program discovered 55 vulnerabilities at Apple. Eleven of them were designated “critical.” They worked on the project for about three months, and as of October 8 had been paid $288,500 by the company. Sam Curry, the 20-year-old who assembled the
- [Judge Rules Business-Interruption Insurance Covers Pandemic Closure](https://todaysgeneralcounsel.com/judge-rules-business-interruption-insurance-covers-pandemic-closure/) - A court in North Carolina has ruled in favor of a policy holder in a COVID-19 business-interruption coverage lawsuit. The plaintiffs were a group of 16 restaurants that had sought coverage, following a government-ordered shutdown in March, 2020. An attorney quoted in an Insurance Journal article says this is the first case he is aware
- [Former Abbott Labs VP Took Covid Trade Secrets, Company Alleges](https://todaysgeneralcounsel.com/former-abbott-labs-vp-took-covid-trade-secrets-company-alleges/) - In a lawsuit filed in the Northern District of Illinois, Abbott Laboratories has accused a former VP of “absconding to a competitor with Abbott’s confidential information and trade secrets." The lawsuit alleges Jerome Clavel both downloaded and forwarded to his own email information about the company’s plans in the area of diagnostics, including diagnostics for
- [Netflix Filing Takedowns Against Its Own Movie Trailer](https://todaysgeneralcounsel.com/netflix-filing-takedowns-against-its-own-movie-trailer/) - Movie trailers are a great marketing tool and film producers are more than happy to have them making the rounds online. But the trailer for the Netflix-released film “Cuties” (“Mignonnes,” in French) is proving to be an exception. The film, which was written and directed by Maïmouna Doucouré, has drawn a spate of critical Twitter
- ["Snoop,” Not Hack, Hits The Mayo Clinic](https://todaysgeneralcounsel.com/snoop-not-hack-hits-the-mayo-clinic/) - Two putative class actions have been filed against the Mayo Clinic, following its announcement in October that a former employee had accessed the health records of 1600 patients, The compromised data did not include social security or bank account numbers, but it did include clinical notes and medical records, and the plaintiffs allege the former
- [E-Discovery Insights From Five Years Of Surveying Judges](https://todaysgeneralcounsel.com/e-discovery-insights-from-five-years-of-surveying-judges/) - E-discovery has evolved In just a few decades, from a “technique” to a fundamental component of virtually all litigation. That evolution has meant, in the words of Georgetown Law's Molly Scott, “technological savvy has become a requirement for lawyers to truly serve their clients competently. That means understanding things like the implications of collecting
- [Executive Nostalgia For “Two Cans And A String,” Plain Talk Instead of PowerPoint](https://todaysgeneralcounsel.com/executive-nostalgia-for-two-cans-and-a-string-plain-talk-instead-of-powerpoint/) - A panel of corporate secretaries and counsel expressed a growing sense of "videoconferencing ennui” and “zoom fatigue,” says an article in trade publication Corporate Secretary. Some governance teams say they are simply tired of seeing themselves on the screen. The malaise extends beyond screen conferencing: In lieu of power point presentations during virtual roundtables, one
- [Would Employers Get Sued Over Mandatory Vaccinations?](https://todaysgeneralcounsel.com/would-employers-get-sued-over-mandatory-vaccinations/) - No Covid vaccine has yet been FDA approved, but some employers are already asking whether they will be able to establish mandatory vaccination policies for employees. In years past, there have been lawsuits targeting employers who implemented mandatory flu vaccine policies, under both Title VII of the Civil Rights Act of 1964, where the issue
- [What “Environmental Justice” Will Mean For Companies Under The New Administration](https://todaysgeneralcounsel.com/what-environmental-justice-will-mean-for-companies-under-the-new-administration/) - Environmental Justice, long a refrain among many Democrats, is likely to translate into concrete policy under a Biden administration, most likely by Congress if the Democrats take the Senate, and otherwise by way of executive actions. A document posted on the transition team website says the administration will ensure that “environmental justice is a key
- [Trump Diversity Training Order Roils HR Depts, Triggers Lawsuit](https://todaysgeneralcounsel.com/trump-diversity-training-order-roils-hr-depts-triggers-lawsuit/) - An executive order prohibiting “divisive concepts” in diversity training has caused confusion and discord in HR and legal departments, and in some organizations, engendered some uncomfortable and public internal conflicts. The order applies to federal agencies, U.S. uniformed services and recipients of federal grants, but the order “has also cast a chilling effect on diversity
- [SEC Fines Company For Understating Covid Hit](https://todaysgeneralcounsel.com/sec-fines-company-for-understating-covid-hit/) - The SEC has levied a $125,000 penalty against Cheesecake Factory Inc. for understating the effects of the COVID-19 pandemic on its business. Specifically, the company was said to have made false and misleading statements in 8-K filings in March and April of this year. The SEC noted that the company, for example, maintained it was
- [Internet “Terms-Of-Service” Will Get SCOTUS Review](https://todaysgeneralcounsel.com/internet-terms-of-service-will-get-scotus-review/) - The online contracts called terms-of-service are under scrutiny in a case now before the Supreme Court
- [Fox Backtracks Re “Election Fraud” After GC Gets A Demand Letter](https://todaysgeneralcounsel.com/fox-backtracks-re-election-fraud-after-gc-gets-a-demand-letter/) - False claims about the election from Lou Dobbs, “Judge Jeanine” and other Fox News Network personalities and their guests drew a demand letter from Benesch attorney J. Erik Connolly, representing Smartmatic USA Corp, an elections technology company. Fox responded with a stunning on-air correction in the form of a segment featuring an interview with an
- [Scalia’s Trinity](https://todaysgeneralcounsel.com/scalias-trinity/) - In his review of a recent anthology of writings by the late Justice Antonin Scalia, Harvard Law professor and Bloomberg columnist Noah Feldman identifies three principles at the core of Scalia’s jurisprudence. "The Scalian trinity,” according to Feldman, are judicial restraint, originalism, and textualism, and with Scalia gone the future direction of the Court in
- [The Rise Of “Event-Driven” Securities Class Actions](https://todaysgeneralcounsel.com/the-rise-of-event-driven-securities-class-actions/) - Events like environmental disasters, #MeToo reckonings, cybersecurity breaches and even COVID outbreaks, which might predictably draw plaintiff injury lawsuits, are increasingly becoming the basis of securities class actions. At the same time, the number of traditional shareholder suits based on accounting malfeasance or fraud claims is declining. In 2018 it was the opioid crisis and
- [The Flashpoint Called Section 230](https://todaysgeneralcounsel.com/the-flashpoint-called-section-230/) - There are both Republicans and Democrats who say they want to eviscerate it, but they have their eye on different provisions. Section 230 of the Communications Decency Act of 1996 has two parts, explains Sue Halpern in a New Yorker article. “The first states that Internet companies are not to be treated as publishers, and,
- [Law Firm Must Give Feds Names Of Tax Clients](https://todaysgeneralcounsel.com/law-firm-must-give-feds-names-of-tax-clients/) - The Fifth Circuit Court of Appeals has declined a request for an en banc hearing in a case where an earlier panel ruling requires a Texas law firm to provide IRS investigators with names of clients who used the firm to set up overseas accounts or companies. A client alert from law firm Holland &
- [Bad Year Predicted For Ransom Victims](https://todaysgeneralcounsel.com/bad-year-predicted-for-ransom-victims/) - Ransomware gangs have become more proficient and professional, aided in some cases by a mini-industry of consultants and stolen credential vendors. “I see no reason why ransomware would slow down in 2021," says one industry expert. In fact it’s likely to get worse, he predicts, as the modus operandi of the perpetrators continues to evolve.
- [The Long Strange Trip Of Cleta Mitchell](https://todaysgeneralcounsel.com/the-long-strange-trip-of-cleta-mitchell/) - The unlikely career path of former Foley & Larder partner Cleta Mitchell is the subject of a recent article in the online daily Urban Milwaukee. Mitchell resigned from the firm after it became known she was a participant in the January 2 conference call in which Trump asks Georgia Republican Secretary of State Brad Raffensperger
- [$10M Fine For Ticketmaster To Settle Charges It Hacked Competitor](https://todaysgeneralcounsel.com/10m-fine-for-ticketmaster-to-settle-charges-it-hacked-competitor/) - Under the terms of a three-year deferred prosecution agreement, Ticketmaster will pay $10 million to avoid prosecution for conspiracy to engage in computer intrusion, wire fraud, and violation of the Computer Fraud and Abuse Act. In a statement, the acting U.S. Attorney for the Eastern District of New York says that Ticketmaster employees accessed a
- [The Decision That Has Shaped Privilege Law For 40 Years](https://todaysgeneralcounsel.com/the-decision-that-has-shaped-privilege-law-for-40-years/) - This is the fortieth anniversary of the Supreme Court decision that “forever redefined the corporate attorney–client privilege,” writes Todd Presnell in his Presnell on Privileges blog. Issued on January 13, 1981,Upjohn Co. v. United States has been cited in nearly 5,000 state and federal opinions, while giving rise to what became an important element in
- [Mega-Breach Victim SolarWinds Says It Has Reverse-Engineered The Hack](https://todaysgeneralcounsel.com/mega-breach-victim-solarwinds-says-it-has-reverse-engineered-the-hack/) - Austin Texas-based SolarWinds says it has reverse-engineered code used to carry out one of the most extensive and damaging cyber attacks to date. An article in the Austin American-Statesman provides an update on developments in this story, quoting from among other sources a SolarWinds SEC filing. The company makes network and IT management software, which
- [Associate GC, Fired After Insurrection Selfie, Files Lawsuit](https://todaysgeneralcounsel.com/associate-gc-fired-after-insurrection-selfie-files-lawsuit/) - The former associate general counsel of Goosehead Insurance, Inc., who was fired after posting a video of himself stating his beliefs outside the capital during the January 6 insurrection, is now representing plaintiffs in a wide-ranging lawsuit that challenges the validity of the November election. “The truth of the allegations set forth herein,” says the
- [Proposed NY Law Would Regulate Hiring By Algorithm](https://todaysgeneralcounsel.com/proposed-ny-law-would-regulate-hiring-by-algorithm/) - Legislation proposed for New York City would require companies to disclose when an applicant for employment has been assessed by software. It would also require companies that sell such software to conduct annual audits to insure their product doesn’t unlawfully discriminate. Also covered would be post-hiring software used in making decisions about such things as
- [Death of Philly Cheesesteak Supervisor Triggers Covid Lawsuit](https://todaysgeneralcounsel.com/death-of-philly-cheesesteak-supervisor-triggers-covid-lawsuit/) - A supervisor at an Original Philly Cheesesteak plant was instructed to take temperatures of employees as they reported for work in early April, and the next day the facility was closed per the company owner, Tyson Foods. A few days later the supervisor came down with Covid, and about two weeks later he died. His
- [An Overlooked Danger From The SolarWinds Hack](https://todaysgeneralcounsel.com/an-overlooked-danger-from-the-solarwinds-hack/) - We can add “OT systems” to the list of what could be compromised by the SolarWinds cyberattack, and the impact may not be seen for months, according to an article in national security blog Lawfare. “OT” stands for operational technology, defined by the writers as “systems that effect the physical world.” This would include power
- [Can Workers, Fearing Covid, Quit And Still Get Unemployment?](https://todaysgeneralcounsel.com/can-workers-fearing-covid-quit-and-still-get-unemployment/) - Shortly after taking office, President Biden issued an executive order asking the Department of Labor to instruct state unemployment agencies to allow workers to claim unemployment benefits even if they quit their jobs because they feared they would contract Covid. According to a White House Fact Sheet, the order reads in part: “President Biden believes
- [Privilege Rejected For In-House Lawyer’s Spreadsheet](https://todaysgeneralcounsel.com/privilege-rejected-for-in-house-lawyers-spreadsheet/) - A Marathon Oil Company in-house lawyer asked a business manager for information related to the company’s producing wells in Oklahoma, and then recorded that information in the form of a spread sheet. Years later, plaintiffs in a class action brought by parties that had a royalty interest in the wells wanted to see that spreadsheet,
- [Despite Fox “Retraction,” $2.7B Defamation Lawsuit Will Proceed](https://todaysgeneralcounsel.com/despite-fox-retraction-2-7b-defamation-lawsuit-will-proceed/) - Just eight weeks after demanding a retraction for a barrage of allegedly false statements about "vote rigging" and the part the company played in the November election, Smartmatic has filed a $2.7 billion defamation and disparagement lawsuit against Fox Corporation and Fox News Network LLC. Also named as defendants are Fox tv news personalities Lou
- [Why A PayPal Shareholder Class Action Was Thrown Out Of Court](https://todaysgeneralcounsel.com/why-a-paypal-shareholder-class-action-was-thrown-out-of-court/) - Technical problems aside, companies that become aware of a data breach are faced with a spectrum of difficult choices, typically boiling down to three questions: What information should be conveyed, to whom, and when? A post in a Sheppard Mullin privacy blog looks at one case where a major company apparently did it right. PayPal,
- [Basic Ask For The Tax Lawyer: “Tell Me How Far I Can Go”](https://todaysgeneralcounsel.com/basic-ask-for-the-tax-lawyer-tell-me-how-far-i-can-go/) - New York attorney general Letitia James, closing in on Donald Trump’s real estate business, wants to see a trove of tax-related communications between law firm Morgan, Lewis & Bockius and Trump and his companies. The firm maintained these communications are protected under attorney-client privilege, but earlier this month New York state court judge Arthur F.
- [Top Insurance Coverage Cases Of 2020](https://todaysgeneralcounsel.com/top-insurance-coverage-cases-of-2020/) - The COVID pandemic spawned a number of these cases, including some significant policyholder victories related specifically to business interruption claims. Among these are Studio 417, Inc., et al. v. The Cincinnati Ins. Co., a case from the Western District of Missouri. That court “rejected the argument often advanced by insurers that ‘all-risks’ property insurance policies
- [Epic D&O Insurance Coverage Case Out Of Delaware](https://todaysgeneralcounsel.com/epic-do-insurance-coverage-case-out-of-delaware/) - Every now and then, writes D&O insurance expert Kevin LaCroix. there is a coverage dispute "so broad that it constitutes a veritable D&O insurance coverage curriculum." One such dispute recently came out of the Delaware state courts, he says. That case is Northrup Grumman Innovation Systems, Inc. v. Zurich American Insurance Co., et al -
- [Amazon Strikes Back - Sues NY Over “Exorbitant” Covid Demands](https://todaysgeneralcounsel.com/amazon-strikes-back-sues-ny-over-exorbitant-covid-demands/) - Amazon has filed a preemptive lawsuit in federal court in the Eastern District of New York, asking for a declaration that New York attorney general Letitia James has no authority to regulate workplace safety responses to Covid or claims of retaliation against workers who protest working conditions. The complaint maintains that Amazon has spent billions on
- [Google Street View Cy Pres Settlement Likely Will Stand (Better Than 22 Cents To The Plaintiffs, Said Judge)](https://todaysgeneralcounsel.com/google-street-view-cy-pres-settlement-likely-will-stand-better-than-22-cents-to-the-plaintiffs-said-judge/) - In a case that pits Google against a class of around 60 million plaintiffs, a Ninth Circuit Court of Appeals panel signaled “a strong reluctance” to overturn the $13M settlement approved last March by a district court, according to a report in Courthouse News Service. Plaintiffs alleged private data was harvested by way of Google’s
- [Burned Out Diner Sues Minneapolis Over Lack Of Protection During Uprising](https://todaysgeneralcounsel.com/burned-out-diner-sues-minneapolis-over-lack-of-protection-during-uprising/) - A diner that was destroyed during the disturbances following the death of George Floyd in Minneapolis has sued the city and its mayor, Jacob Frey, in Minnesota state court. In the complaint, the two owners of the Town Talk Diner allege the city and the mayor, by way of what they did and did not
- [Pro Wrestlers, Suing WWE Over Brain Injuries, Seek Supreme Court Hearing](https://todaysgeneralcounsel.com/pro-wrestlers-suing-wwe-over-brain-injuries-seek-supreme-court-hearing/) - The plots may be fake but the head blows aren’t, not all of them anyway. Pro wrestling is “ballet with violence," as former pro wrestler and Minnesota governor Jesse Ventura once put it. That violence, according to lawsuits filed by dozens of former wrestlers, can result in concussions and other head injuries that result in
- [Privilege Invoked: Shareholders Won’t See Facebook Board Communications](https://todaysgeneralcounsel.com/privilege-invoked-shareholders-wont-see-facebook-board-communications/) - A Facebook institutional shareholder (a state public employee retirement fund) did not like a $5 billion settlement the company negotiated with the Federal Trade Commission. That settlement came in the wake of an FTC complaint: that the company had violated an earlier consent decree pertaining to data breaches by, among other things, releasing confidential information
- [Class Actions Allege Auto Insurers Are Overcharging During Pandemic](https://todaysgeneralcounsel.com/class-actions-allege-auto-insurers-are-overcharging-during-pandemic/) - Class action lawsuits, filed in Nevada state court in Clark County, allege ten major auto insurers have failed to give customers discounts commensurate with a marked reduction in vehicle usage and frequency of accidents in the months since the pandemic settled in. Companies have said in response, as quoted in article from AP News, that
- [Is Content Moderation Even Possible?](https://todaysgeneralcounsel.com/is-content-moderation-even-possible/) - Not according to a post in the Techdirt blog - at least not moderation “at scale" - because neither human moderators nor AI are up to the task of recognizing mockery and other subtle and no-so-subtle varieties of what editor Mike Masnick refers to generically as context. “Low level content moderators tend to only have
- [Careless “Offboarding” Leaves Gaping Cybersecurity Hole](https://todaysgeneralcounsel.com/careless-offboarding-leaves-gaping-cybersecurity-hole/) - Insiders are the most common source of organizational breaches. That fact is well understood at this point, but a crucial subset of that broad category is often overlooked, according to a post in the SecurityIntelligence blog. That subset consists of former employees who, on account of lax offboarding, can remain insiders with respect to cybersecurity,
- [New Life Predicted For Consumer Protection Agency](https://todaysgeneralcounsel.com/new-life-predicted-for-consumer-protection-agency/) - A TCPA defense blog looks at a recent policy statement from the Consumer Financial Protection Bureau, and doesn’t like what it sees. “Unfortunately, it looks like we might be on a path back to 2015-era UDAAP enforcement,” writes Squire Patton Boggs attorney Daniel L. Delnero on the firm's TCPA World blog (re the Telephone Consumer
- [Legal Fallout From Supply Chain Disruption](https://todaysgeneralcounsel.com/legal-fallout-from-supply-chain-disruption/) - The downside of just-in-time manufacturing has been laid bare by the Coivd-19 pandemic, and a post from Foley & Lardner looks at how supply chain disruption has played out in one major sector, the U.S. auto industry. In an analysis that likely applies, more or less, to every major manufacturing sector, the authors identify five
- [From Swiss Cyber-Sleuths, New Light On SolarWinds Hack](https://todaysgeneralcounsel.com/from-swiss-cyber-sleuths-new-light-on-solarwinds-hack/) - A report from a Swiss cybersecurity firm reveals new information about what may have been the most extensive hack to date, anywhere: the attack on management software provider SolarWinds. That attack in turn compromised networks in at least 4,720 companies, government institutions and IT providers, according to the report. Among other findings: the attack has
- [SEC Sues Crypto-Based Online Publisher, Alleging Unregistered Securities](https://todaysgeneralcounsel.com/sec-sues-crypto-based-online-publisher-alleging-unregistered-securities/) - The complaint, filed in the District of New Hampshire, targets a decentralized publishing platform called LBRY. The SEC alleges that LBRY Inc. sold millions of dollars worth of what the Commission characterizes as unregistered securities by way of its “LBRY Credits,” through two online digital trading platforms. On its website, LBRY describes itself as “a
- [An Election "Steal" May Have Actually Occurred In FLA; Charges Are Filed](https://todaysgeneralcounsel.com/an-election-steal-may-have-actually-occurred-in-fla-charges-are-filed/) - A former Republican state senator has been arrested and charged with three felonies for his alleged role in the election of the state senator from Florida’s District 37. Frank Artiles is said in the arrest affidavit to have recruited, contributed to and and otherwise assisted with financing for the campaign of a third party “ghost
- ["Procurement Collusion Strike Force” Will Target Govt Contractors](https://todaysgeneralcounsel.com/procurement-collusion-strike-force-will-target-govt-contractors/) - A DOJ strike force that was first assembled in 2019 is expected to take a more active role under the new administration. According to an update from the DOJ’s antitrust division, the Procurement Collusion Strike Force, after an initial period devoted largely to increasing awareness of antitrust crimes involving government contracts, is “gearing up to
- [Websites Don’t Need ADA Accessibility-11th Circuit](https://todaysgeneralcounsel.com/websites-dont-need-ada-accessibility-11th-circuit/) - If Congress wants to include websites under its definition of “public accommodation,” it will have to make that explicit in legislation, per the Eleventh Circuit Court of Appeals in a decision handed down last week. Current law, said the court in Gil v. Winn-Dixie Stores, Inc., applies only to physical locations. With regard to this
- [Distribution, Not Generation, Said To Be Achilles Heel of Power Infrastructure](https://todaysgeneralcounsel.com/distribution-not-generation-said-to-be-achilles-heel-of-power-infrastructure/) - A recent report from the GAO warns that vulnerabilities in national electrical distribution systems are not being addressed, and the results of a cyber attack on those systems could be dire.
- [Walmart Loses Trade Secret Case, Ordered To Pay $115M](https://todaysgeneralcounsel.com/walmart-loses-trade-secret-case-ordered-to-pay-115m/) - A California-based company alleged that Walmart agreed to try out its fresh food monitoring technology, then cancelled their agreement and rolled out its own version, which, as described in the complaint in Zest Labs, Inc. et. al. v Walmart, Inc., "looks, sounds, and functions very similarly.” Earlier this month, in a federal court in Walmart's
- [Why A Company Sued Its Own GC For Malpractice](https://todaysgeneralcounsel.com/why-a-company-sued-its-own-gc-for-malpractice/) - The internecine dispute followed a period of cash flow problems and resulting difficulties in making payroll at the plaintiff finance company. The company then, at the recommendation of the then chief legal officer, drafted "supplemental agreements," which as paraphrased in a case summary from law firm Hinshaw & Culbertson, allowed for “for accrual of unpaid
- [Noted Defense Attorney Murdered. It's Norway’s First Homicide Of 2021.](https://todaysgeneralcounsel.com/noted-defense-attorney-murdered-its-norways-first-homicide-of-2021/) - The son of a high-profile defense attorney in Norway has been charged with shooting and killing his father. The son’s attorney, in an interview on Norwegian Broadcasting (NRK), called the victim a good and respected colleague and said the murder was the tragic result of a long standing family conflict. The son allegedly also tried
- [For GCs, A Troubling Ruling From Mass. Supreme Court](https://todaysgeneralcounsel.com/for-gcs-a-troubling-ruling-from-mass-supreme-court/) - Following revelations that data-analytics firm Cambridge Analytica had obtained and utilized Facebook users’ data for political-advertising purposes, Facebook commissioned a law firm to do an internal investigation. “The law firm and Facebook’s in-house counsel ‘designed, managed, and oversaw’ the investigation for the purpose of gathering facts for providing legal advice to the company,” notes Todd
- [Delaware Supreme Court Says Fraud Is Insurable](https://todaysgeneralcounsel.com/delaware-supreme-court-says-fraud-is-insurable/) - It’s a decision likely to reshape directors and officers (D&O) policies nationwide, says a post from law firm Snell & Wilmer. The alleged breach of fiduciary duty and fraud by two company executives - labeled as such by the Delaware Court of Chancery - gave rise to a federal securities class action against the company,
- [At Georgetown Law, An Attack On “The Progressoriat” From A Surprising Source](https://todaysgeneralcounsel.com/at-georgetown-law-an-attack-on-the-progressoriat-from-a-surprising-source/) - A professor at Georgetown Law takes on what she calls the Progressoriat, her term for progressive liberals whom she maintains are legitimizing a takeover of academia by a new minority ruling elite. “Terror and dread fill academic workers, professors, and staff alike, and it is everywhere," she says. Abu-Odeh was born in Amman, Jordan and,
- [“Inventorship,” Not Infringement, At Issue In Unusual Nexus IP Case](https://todaysgeneralcounsel.com/inventorship-not-infringement-at-issue-in-unusual-nexus-ip-case/) - In a video interview, an attorney who represented Nexus explains what was at issue in a novel IP case, Nexus Technologies, Inc., et al. v. Unlimited Power Ltd. and Christopher Petrella. Nexus discovered that patents which had been filed by an affiliate of a potential joint venture partner were for technology that Nexus had developed
- [Apple Breach Typifies “The Future Of Online Extortion”](https://todaysgeneralcounsel.com/apple-breach-typifies-the-future-of-online-extortion/) - After obtaining technical information about unreleased Apple products by breaching Apple supplier Quanta, Ransomware gang REvil wants $50 million from Apple, but the extortion threat isn’t that REvil will lock up Apple’s data. Given Apple’s level of technological expertise, it’s probably safe to say that would be a futile ploy. What REvil does do is
- [Texas AG’s Request For $3,800 Per Hour Outside Attorneys Is Thwarted By Lawmakers](https://todaysgeneralcounsel.com/texas-ags-request-for-3800-per-hour-outside-attorneys-is-thwarted-by-lawmakers/) - Texas Attorney General Ken Paxton wanted to be able to pay outside counsel as much as $3,780 an hour for work on an antitrust lawsuit that has been launched against Google, but the Texas House passed an amendment that would put a cap at $500. The Houston Chronicle reports that Paxton has run into resistance on
- [Counterfeits, "Brand Abuse," Said To Be Rampant For Small And Medium Sized Businesses](https://todaysgeneralcounsel.com/counterfeits-brand-abuse-said-to-be-rampant-for-small-and-medium-sized-businesses/) - Four out of five small and medium sized businesses suffer from counterfeited products and brand abuse, according to a brand protection company that conducted a study of more than 12,000 businesses in Europe and North America. More than 5,000 of those businesses were small and medium sized businesses ("SMBs"). The most vulnerable industries were fashion
- [Plagiarist Who Filed A DMCA Notice Backdated Her Work, Says Author](https://todaysgeneralcounsel.com/plagiarist-who-filed-a-dmca-notice-backdated-her-work-says-author/) - A plagiarist managed to spin The Digital Millennial Copyright Act to her advantage by backdating a post, then filing a takedown notice to get the original post removed. That’s according to the person who maintains she is the original author, as described in the online publication “Plagiarism Today.” The story has some curious twists that
- [Pandemic May Be Waning, But Securities Lawsuits Keep Coming](https://todaysgeneralcounsel.com/pandemic-may-be-waning-but-securities-lawsuits-keep-coming/) - Two recent securities class actions related to the coronavirus are likely a harbinger of what’s to come even if there proves to be a rapid fall-off in Covid cases, according to an analysis by Kevin LaCroix in the D&O Diary website. The first of these lawsuits was filed on April 19 against a Maryland company
- [Housing Crisis, Fire Risk, Setting Off A Legal Battle In CA](https://todaysgeneralcounsel.com/housing-crisis-fire-risk-setting-off-a-legal-battle-in-ca/) - More than 4 million acres in California burned last year, where there were five out of the six largest fires in the state's recorded history. Currently the state is dry and entering peak fire season, and no fire official believes this year is likely to be any less intense than last year, according to a
- [Zillow Seeks Dismissal Of Upstart Brokerage's Antitrust Suit](https://todaysgeneralcounsel.com/zillow-seeks-dismissal-of-upstart-brokerages-antitrust-suit/) - Discount brokerage REX “has fabricated a massive industry-wide conspiracy,” according to Seattle-based real estate heavyweight Zillow Group Inc., in an April 30 filing. Zillow is seeking dismissal of a lawsuit filed by Austin, Texas-based REX, accusing Zillow and the National Association of Realtors of anti-competitive behavior. In that lawsuit, filed in federal court in the
- [“Gamified” Trading Platforms Under Heavy Scrutiny](https://todaysgeneralcounsel.com/gamified-trading-platforms-under-heavy-scrutiny/) - Online commission-free stock trading, with low or no minimums, has surged during the pandemic, and regulators and critics are coming down hard on what some call the “gamification” of trading. An article in Mother Jones begins with the case of a college sophomore with $1,600 in his Robinhood account who received a notification that he
- [The Fraught Post-Pandemic Transition For Employers](https://todaysgeneralcounsel.com/the-fraught-post-pandemic-transition-for-employers/) - The ninth annual employer survey from labor and employment firm Littler finds that employers transitioning to a post-pandemic workplace are faced with a host of novel issues. Chief among them is a disconnect between what they have in mind and what employees would prefer with regard to hybrid work models and returning to physical work
- [CEO Must Testify About “Facts” From GC’s Privileged Communication](https://todaysgeneralcounsel.com/ceo-must-testify-about-facts-from-gcs-privileged-communication/) - A decision from the Southern District of Florida cuts a distinction between a privileged communication from a GC to a CEO and “facts” that were conveyed in that communication. The ruling: He had to testify. As explained by Todd Presnell in his Presnell on Privileges blog, the communication in this case was the result of
- [After Crippling Colonial Pipeline Cyber Attack, Industry Still Resists Incident Reporting Requirements](https://todaysgeneralcounsel.com/after-crippling-colonial-pipeline-cyber-attack-industry-still-resists-incident-reporting-requirements/) - Following the recent Colonial Pipeline ransom attack, there is a push in Congress for new pipeline security legislation, but the bill now on the table is weak, according to an American Public Media Marketplace report. It differs significantly from corresponding legislation in the airline and utility industries, where major problems get reported to regulators and
- [Prosecutors Are Closing In On Trump - Aren't They?](https://todaysgeneralcounsel.com/prosecutors-are-closing-in-on-trump-arent-they/) - The office of New York Attorney General Letitia James announced last week that its investigation of Donald Trump “is no longer purely civil in nature,” and that it’s working in coordination with the Manhattan (New York County) district attorney’s office, under Cyrus Vance. With that announcement, the prospect of criminal charges and potential jail time
- [Forget The “Script Kiddies": DOJ Needs To Get Serious About The Ransomware Business](https://todaysgeneralcounsel.com/forget-the-script-kiddies-doj-needs-to-get-serious-about-the-ransomware-business/) - Ransomware attacks aren't spawned by lone wolves or wayward geeks. They are rather the end product of an organized business ecosystem, and it’s time the Justice Department made it a priority to take it down, says Kellen Dwyer on the Lawfare blog. Dwyer is a former federal cyber-crime prosecutor and now a cybercrime and data
- [Can 'Defamation Detection' Be Automated?](https://todaysgeneralcounsel.com/can-defamation-detection-be-automated/) - An AI application developed by former journalists in Ireland is being touted as an effective first read to flag potential defamation, says an article in Wired. Formerly, organizations might have counted on seasoned journalists and/or legal counsel to play that role, but the explosion of online content, and blurring boundaries between articles and social media
- [Stars Take A Big Hit From Weinstein Bankruptcy](https://todaysgeneralcounsel.com/stars-take-a-big-hit-from-weinstein-bankruptcy/) - A Third Circuit opinion has confirmed that some major Hollywood stars will take a loss on millions of dollars they had been owed by Harvey Weinstein’s production company. After Weinstein was accused of sexual misconduct and his company filed for bankruptcy protection, a company then called Spyglass Media acquired most of the Weinstein assets, including
- [Google’s Location Privacy Setting Was Bogus, Says AZ Lawsuit](https://todaysgeneralcounsel.com/googles-location-privacy-setting-was-bogus-says-az-lawsuit/) - It was nearly impossible for smartphone users to keep their location data private, even with the settings Google ostensibly provided for that purpose, according to recently unredacted court documents from a lawsuit filed by the Arizona AG’s office last year. Google was said to have made it difficult to turn on location privacy settings, to
- [3M Wins Round Two In Massive Earplug Case](https://todaysgeneralcounsel.com/3m-wins-round-two-in-massive-earplug-case/) - In the second agreed-upon test case in a mass tort matter involving more than 230,000 claims by military veterans, 3M Co has prevailed in a Florida federal court. The parties have agreed on a series of bellwether cases, “to test the strength and weaknesses of the claims,” explains an article from Reuters, which calls this
- [40 Years After Its First Controversy, A Widely-Used Herbicide Could Become "The Next Roundup”](https://todaysgeneralcounsel.com/40-years-after-its-first-controversy-a-widely-used-herbicide-could-become-the-next-roundup/) - More than 40 years after Paraquat was called a “lung seeking poison” and “symbol of governmental malversation as emotionally charged as napalm was for an earlier generation” by the New York Times, it’s back in headlines and on an increasing number of court dockets. In 1978, the flap concerned U.S. government funding of a Mexican
- [The Anti-Vaxxers New York Law Firm](https://todaysgeneralcounsel.com/the-anti-vaxxers-new-york-law-firm/) - The anti-vaccination movement has proven to be more potent and extensive than most experts anticipated. It ranges from fantasy conspiracy mongers who claim the virus is a byproduct of 5G technology to high-profile public figures like Robert F. Kennedy Jr., founder of the anti-vax Children’s Health Defense. Now, according to an article in The Washington
- [Epidemic Of Scams Adds to India’s Covid Catastrophe](https://todaysgeneralcounsel.com/epidemic-of-scams-adds-to-indias-covid-catastrophe/) - Even with the second wave past its peak, India is seeing well over 100,000 cases per day. Large gatherings and lenient restrictions are major factors, and mass vaccinations themselves may have been superspreader events, according to one expert source quoted in an article from Scientific American. Meanwhile, Covid patients and their relatives, desperate for oxygen,
- [Creepy AI Program Can Even Sound Like An AI Skeptic](https://todaysgeneralcounsel.com/creepy-ai-program-can-even-sound-like-someone-skeptical-of-ai/) - The output of a program called GPT-3 is so compelling that it could be used to generate misinformation wholesale, at a level of sophistication much higher than anything we’ve yet had to contend, says an article in Wired. The software has proven to be especially good at shorter creations, like tweets, but the article suggests
- [Challenging The Myth Of The Non-Dischargeable Student Loan](https://todaysgeneralcounsel.com/challenging-the-myth-of-the-non-dischargeable-student-loan/) - Conventional wisdom has it that student loans are not dischargeable in bankruptcy. The Southern District of New York said as much in a posted public document. But that assumption is wrong, or at least needs to be significantly qualified, as the chief judge from the Southern District itself explicitly stated in a recent decision, in
- [Turmoil After Law Firm Fires Alleged Trumpies](https://todaysgeneralcounsel.com/turmoil-after-law-firm-fires-alleged-trumpies/) - The president and a name partner at Minnesota's "largest and nicest bankruptcy law firm" fired two employees, allegedly because he had concluded they were racist Trump supporters, based on their social media posts following the January 6 insurrection. When three of his law firm partners objected, the attorney fired them as well, according to the
- [Cyber Expert Investigating AZ Election Puzzles His Old Friends](https://todaysgeneralcounsel.com/cyber-expert-investigating-az-election-puzzles-his-old-friends/) - The head of the cybersecurity firm leading the Arizona 2020 vote audit is a nice guy who just went off the rails, according to some of his old friends who were interviewed in a CNN profile. Doug Logan, the chief executive of Cyber Ninjas, is said to have fallen under the spell of QAnon, leaving
- [A Win For “Silent Cyber Coverage” In IL Supreme Court](https://todaysgeneralcounsel.com/a-win-for-silent-cyber-coverage-in-il-supreme-court/) - Policy holders prevailed before the Illinois Supreme Court in a coverage dispute involving the closely watched Biometric Information Privacy Act. The court ruled that claims brought against policy holders for alleged violations of "BIPA" may be covered under commercial general liability (CGL) policies. “The ruling has widespread implications for other policyholders with similar coverage for
- [Warning Re Trade Secrets: Employees With Access To Info Can’t “Steal” It](https://todaysgeneralcounsel.com/warning-re-trade-secrets-employees-with-access-to-info-cant-steal-it/) - The Supreme Court’s recent ruling in Van Buren v U.S. dealt with a police officer misusing official data for his own purposes, but this decision has important implications for companies, in particular with regard to protecting trade secrets and other confidential information, says a post from law firm Reinhart Boerner Van Deuren. After Van Buren,
- [In Protracted Mass Tort Battle, 3M Loses A Bellwether Case](https://todaysgeneralcounsel.com/in-protracted-mass-tort-battle-3m-loses-a-bellwether-case/) - A jury found 3M Co partially liable for the hearing loss of a plaintiff army veteran, in the third of three "bellwether" cases concerning 3M ear plugs that were used by the U.S. military for years. A Reuters report identifies this matter as the largest consolidated federal mass tort in U.S. history, with more than
- [Sacked By A Robot, Say Former Amazon Workers](https://todaysgeneralcounsel.com/sacked-by-a-robot-say-former-amazon-workers/) - Drivers in Amazon’s Flex delivery service are being monitored, graded and in some cases fired, by artificial intelligence, according to an article in Bloomberg. Algorithms input information, such as whether employees show up at the station on time and how fast they do their deliveries, and on that basis are said to decide who gets
- [A Contract Management Checklist](https://todaysgeneralcounsel.com/a-contract-management-checklist/) - These four steps are the basis of any effective contract management process, and a misstep at any one of them “can result in unwanted risk or an unprofitable relationship,” says a post from Contract Logix. Step one, Contract Initiation, begins with “justification." That means that when someone in the organization begins an activity that requires
- [Gunmaker Said To Be Flooding Sandy Hook Plaintiffs With Irrelevant Documents](https://todaysgeneralcounsel.com/gunmaker-said-to-be-flooding-sandy-hook-plaintiffs-with-irrelevant-documents/) - Alleged e-discovery abuse was front and center in the latest round of a lawsuit that targets a gun manufacturer whose product was used in one of the worst mass-shooting incidents in U.S. history. Plaintiff family members of victims are claiming gunmaker Remington has failed to respond to requests for materials related to the marketing of
- [Lauded/Reviled, The CA Assault Weapon Decision Is A Fount Of Gun Culture Info](https://todaysgeneralcounsel.com/lauded-reviled-the-ca-assault-weapon-decision-is-a-fount-of-gun-culture-info/) - Last month's ruling in Miller v Bonta, in the Southern District of CA, received wide media coverage, with virtually every report beginning the same way that Judge Roger Benitez began the decision itself: with his comparison of an assault rifle - a mechanical device exquisitely engineered to destroy multiple human lives with a touch of
- [Trump Taps Veteran PI Atty For His Censorship Case](https://todaysgeneralcounsel.com/trump-taps-veteran-pi-atty-for-his-censorship-case/) - The former president has enlisted a legal team headed by John P. Coale, a seasoned, eccentric and highly successful....
- [Insurer Balks At Repping Cosmetics Firm Hit With Class Actions](https://todaysgeneralcounsel.com/insurer-balks-at-repping-cosmetics-firm-hit-with-class-actions/) - An insurer for Rodan + Fields, a cosmetics company sued over alleged failure to adequately disclose potential side effects of its eyelash growth serum, has gone to court to avoid coverage for the matter. Rodan + Fields is a multi-level marketing company that had more than a $1 billion in annual revenue in the years
- [Nobody Home: What Happens When The Extortionist Goes Dark?](https://todaysgeneralcounsel.com/nobody-home-what-happens-when-the-extortionist-goes-dark/) - The ransomware organization REvil went dark on July 13, leaving at least one company that had paid a ransom without the decryption key that it had supposedly paid for. Not only did REvil quit holding up companies on July 13, it also closed down its normally accommodating help line, so that company had nowhere to
- [Biden Issues “Right-To-Repair” Order. Advocates Want More.](https://todaysgeneralcounsel.com/biden-issues-right-to-repair-order-advocates-want-more/) - Responding to the frustrations of consumers, repair shop owners, farmers, and many a DIY fixer, President Biden has made the “right to repair” part of his executive order promoting competition in the economy. The July 9 order would have the FTC "consider" using its rulemaking authority to address “unfair anticompetitive restrictions on third-party repair or
- [Law Firm Shuffle, As Gov’s Deleted-Text Lawsuit Grinds On In Missouri](https://todaysgeneralcounsel.com/law-firm-shuffle-as-govs-deleted-text-lawsuit-grinds-on-in-missouri/) - The Missouri governor's office, defending a lawsuit filed in 2017 by St. Louis attorney Mark Pedroli, has brought in new legal representation to take over the case from the Bryan Cave law firm. Pedroli, who is the founder of Missouri’s Sunshine and Government Accountability Project, initiated the lawsuit after the Kansas City Star had reported
- [They Couldn’t Take A Joke, Says Poker Pro; Sues Casino For $1.2M](https://todaysgeneralcounsel.com/they-couldnt-take-a-joke-says-poker-pro-sues-casino-for-1-2m/) - Professional poker player Scott Robbins was in a whimsical mood, or so he maintains in his lawsuit, when he checked into Atlantic City's casino hotel Borgata in September of 2020, about to play in a tournament. An article in Casino.Org describes what happened next. When the clerk asked him if he wanted a room on
- [Synthetic Talk Is Cheap But It Can’t Be Free, Say Critics](https://todaysgeneralcounsel.com/synthetic-talk-is-cheap-but-it-cant-be-free-say-critics/) - The revelation that 45 seconds of what appears to be the voice of the late Anthony Bourdain in the movie Roadrunner was generated by a computer program has triggered renewed speculation, legal and otherwise, about the implications of this technology. Today it takes about 30 minutes of audio to come up with a usable clone
- [Billions Ride On One Insurance Coverage Question](https://todaysgeneralcounsel.com/billions-ride-on-one-insurance-coverage-question/) - So far more than 1900 state court cases have addressed the issue of insurance coverage, or the lack of it, for covid-related business closure, according to a study from the University of Pennsylvania Carey Law School. Details of policy terms vary, as do the arguments in particular coverage disputes, but in general carriers argue that
- [One Person With Disabilities Has Filed 180-Plus ADA Lawsuits](https://todaysgeneralcounsel.com/one-person-with-disabilities-has-filed-180-plus-ada-lawsuits/) - A wheelchair-bound man who lives in a residential neighborhood of Oakland, CA., has filed more than 180 American with Disabilities Act lawsuits. A feature article in the New York Times magazine begins with a question: “Is it profiteering - or justice?” The man is said to have voluntarily halted his filings during the pandemic out
- [“Hack-Back” Legislation May Get Senate Hearing. Critics Are Skeptical.](https://todaysgeneralcounsel.com/hack-back-legislation-may-get-senate-hearing-critics-are-skeptical/) - A bipartisan bill that could lead to private companies being allowed to “hack back” at cyber-attackers has been introduced in the Senate. The draft "Study on Cyber-Attack Response Options Act," introduced by Senators Steve Daines, R- Mont. and Sheldon Whitehouse, D-R.I., instructs the Department of Homeland to study “potential consequences and benefits” of allowing companies to
- [“Drip Pricing” In The Crosshairs](https://todaysgeneralcounsel.com/drip-pricing-in-the-crosshairs/) - A practice that has rankled consumers for years has been flagged by law school professor and public interest attorney Max Sarinsky. Along with some colleagues at the Institute for Policy Integrity at New York University School of Law, he has petitioned the Federal Trade Commission to ban "drip pricing." His New York Times oped about
- [Pfizer Wants Court Approval Of Its Drug Reimbursement Program. Is It Charity Or Kickback?](https://todaysgeneralcounsel.com/pfizer-wants-court-approval-of-its-drug-reimbursement-program-is-it-charity-or-kickback/) - In 2018, Pfizer settled a federal lawsuit that alleged the company was using a foundation to funnel money to patients for their co-pays for Pfizer drugs, “thus generating more revenue for Pfizer and masking the effect of Pfizer’s price increases,” said a U.S. Attorney in a statement at the time. Pfizer did not admit wrongdoing,
- [Claiming Multiple "Occurrences," Healthcare Chain Sues For $1B Over Covid Biz-Interruption](https://todaysgeneralcounsel.com/claiming-multiple-occurrences-healthcare-chain-sues-for-1b-over-covid-biz-interruption/) - A Pennsylvania healthcare conglomerate has sued its carrier for up to a $1 billion, over denial of its business interruption claims. The plaintiff, Allegheny Health Network, includes dozens of associated hospitals, laboratories, and health-related specialty centers. The defendant American Guarantee & Liability Insurance Company (AGLIC) is a division of Zurich North America. As cited in
- [George Mason Law Prof Who Had The Virus Sues Over Vaccine Mandate](https://todaysgeneralcounsel.com/george-mason-law-prof-who-had-the-virus-sues-over-vaccine-mandate/) - A law professor at George Mason University has sued university officials over the school's mask and vaccine policies. Plaintiff Todd Zywicki alleges they violate both his constitutional and federal statutory rights. Zywicki has had Covid, and the complaint cites studies that find natural immunity in those who have recovered from Covid is more robust and
- [Ex-Prosecutor In Central Park Jogger Case May Proceed With Defamation Suit v Netflix](https://todaysgeneralcounsel.com/ex-prosecutor-in-central-park-jogger-case-may-proceed-with-defamation-suit-v-netflix/) - A federal court has ruled that a former prosecutor in the “Central Park Five” case can proceed with her defamation lawsuit against Netflix and two principals who worked on four-part dramatization of the case, titled "When They See Us." Plaintiff Linda Fairstein was a prosecutor in the Manhattan District Attorney’s office during the trial of
- [Litigation, “Citizen Voice,” Blamed For Swollen Infrastructure Budgets](https://todaysgeneralcounsel.com/litigation-citizen-voice-blamed-for-swollen-infrastructure-budgets/) - The $39 billion allocated for transit in the current version of the infrastructure bill sounds like a lot of money, but it’s hardly going to make a dent in the problem, in part because of decades-old and widely accepted reforms in the acquisition and construction process. That’s according to experts tapped for an article in
- [The Dicey Question Of Transparency After A Cyberattack](https://todaysgeneralcounsel.com/the-dicey-question-of-transparency-after-a-cyberattack/) - Solar Winds is said to have gone public the day after it learned from cybersecurity company FireEye about the spectacular beach it had suffered. "I've never had a client,” said one 20-year veteran information security attorney, "in all the investigations I've done, either under attorney-client privilege with another law firm or myself as the attorney,
- [Understand Cryptocurrency? Well, You Don’t Have To In Order To Vote For Taxing Its Brokers](https://todaysgeneralcounsel.com/understand-cryptocurrency-well-you-dont-have-to-in-order-to-vote-for-taxing-its-brokers/) - A provision that addresses cryptocurrency survived bipartisan negotiations and remains in the recently passed Senate version of the infrastructure bill. An opinion piece by New York Times writer Ezra Klein explains what that provision is and “why crypto matters, even if you think Bitcoin is just goldbuggery for nerds.” Crypto is a big deal for
- [Should Ransomware Payments Be Banned?](https://todaysgeneralcounsel.com/should-ransomware-payments-be-banned/) - Ransomware attacks have become so extensive, and so expensive, that their effects ripple through the entire economy: They have in effect become a kind of universal tax. This is the premise of an article from Lawfare, a blog published in cooperation with the Brookings Institution. Three major recent high profile attacks - on Colonial Pipeline,
- [Qui Tam Suit Hits 315 Auto Insurers, Claims They Shunt Billions In Costs to Medicare](https://todaysgeneralcounsel.com/qui-tam-suit-hits-315-auto-insurers-claims-they-shunt-billions-in-costs-to-medicare/) - In what’s said to be one of the largest whistleblower suits in U.S. history, 315 auto insurance companies, including many of the major carriers, have been sued for allegedly filing false reports. According to the complaint, the insurers withheld certain required information from the federal government’s Centers of Medicare & Medicaid Services (CMS), and as
- [Two NY Attorneys Charged In $31M Insurance Scam](https://todaysgeneralcounsel.com/two-ny-attorneys-charged-in-31m-insurance-scam/) - Two New York attorneys teamed up with a number of doctors to run a highly successful slip-and-fall insurance scam over more than five years, defrauding businesses and insurance companies for more than $31 million, according to an indictment handed down by the U.S. Attorney for the Southern District of New York. The modus operandi of
- [New Ransomware Ploy: Bribe An Employee](https://todaysgeneralcounsel.com/new-ransomware-ploy-bribe-an-employee/) - A San Francisco-based cybersecurity company says it managed to establish communication with a ransomware group that had been contacting employees of some of its clients in an effort to get them to infect their company’s networks from the inside, in exchange for a share of the ransom. The emails, said to come from a known
- [MN Mosque Bomber Pleads Gender Dysphoria](https://todaysgeneralcounsel.com/mn-mosque-bomber-pleads-gender-dysphoria/) - The leader of a small militia group that bombed a mosque in Bloomington, Minnesota, is asking a judge to be recognized as a woman and be given the low end - 30 years - of a mandatory sentence, instead of the life sentence being sought by prosecutors. Michael Hari, who is also said to be
- [Confidentiality Of Litigation Funders](https://todaysgeneralcounsel.com/confidentiality-of-litigation-funders/) - U.S. courts in most instances are ruling that information concerning litigation funding is protected work product, according to a recent study conducted by litigation finance advisory firm Westfleet Advisors. The research looked at 52 reported trial court decisions through July 2021, cases that were culled, the authors say, from an extensive search of the federal
- [New Technique to Fool Ransomware Protection](https://todaysgeneralcounsel.com/new-technique-to-fool-ransomware-protection/) - A novel ransomware technique called "intermittent encryption" has emerged. It compromises Windows Servers using malware that scrambles every alternate 16 bytes of a file, which allows it to evade ransomware defences. The technique, called LockFile, is effective against software that relies on inspecting content using statistical analysis to detect encryption. It also terminates processes associated
- [Peloton Under Scrutiny By the DOJ](https://todaysgeneralcounsel.com/peloton-under-scrutiny-by-the-doj/) - Exercise equipment company Peloton will be required to submit information to the DOJ and the Dept. Of Homeland Security pertaining to injuries users suffered on the company’s treadmills. The SEC is also investigating. Treadmills called Tread and Tread+ were recalled last May after a child was killed in an accident involving the equipment. Many other
- [Latest Hollywood Covid Insurance Dispute; $100M For “Mission Impossible”](https://todaysgeneralcounsel.com/latest-hollywood-covid-insurance-dispute-100m-for-mission-impossible/) - In the latest of a flood of claims that began early last year, the production company working on the latest in the Tom Cruise “Mission Impossible” series has sued its insurer for breach of contract. This follows the carrier’s denial of most 0f Paramount Studio’s claims for cost-of-production delays and other Covid-related expenses. Paramount is
- [On Appeal, Plaintiffs Lose Again On Business Interruption Claim](https://todaysgeneralcounsel.com/on-appeal-plaintiffs-lose-again-on-business-interruption-claim/) - The Eleventh Circuit is the second federal appeals court to rule against a plaintiff with a Covid-related business interruption claim. In this case the court rejected a Georgia dental office claim that it had to cut back operations because its office was an enclosed space where particles tended to linger and where patients and staff
- [Big Players, Big Promises, At White House Cybersecurity Conference](https://todaysgeneralcounsel.com/big-players-big-promises-at-white-house-cybersecurity-conference/) - Some of the biggest players in the digital universe - including Apple, Microsoft and Google’s parent company, Alphabet - attended a White House conference with President Biden, where they promised to invest billions to upgrade the security of their products. Apple said it would create a program to improve security in its supply chains, e.g.,
- [The Million Dollar Question In Data Breach Lawsuits](https://todaysgeneralcounsel.com/the-million-dollar-question-in-data-breach-lawsuits/) - The threshold question for determining if a consumer class action may proceed following a data breach is whether the plaintiffs have standing. For making that determination, the Supreme Court in the 1992 Lujan decision identified three criteria, the first of which, that the plaintiff must have suffered an “injury in fact," has arguably been the
- [Domestic Captives, Once Rare, Now Flourishing](https://todaysgeneralcounsel.com/domestic-captives-once-rare-now-flourishing/) - The number of U.S. jurisdictions that have either passed legislation to accommodate captive insurance companies or make existing regulations more hospitable has grown steadily since the first captives began to appear in the 1960s. Initially, it was the offshore domiciles, including the Cayman Islands and Bermuda, that predominated, with a few notable exceptions, including Vermont.
- [The Grammar Of Risk: Autonomous Vehicles, Covid, And “The Narrative Of Exceptions”](https://todaysgeneralcounsel.com/the-grammar-of-risk-autonomous-vehicles-covid-and-the-narrative-of-exceptions/) - Arguments in favor of limited regulation and rapid deployment of autonomous vehicles are strikingly similar to arguments that were made for rapid deployment of Covid vaccines before the conventional approval process had been completed. In both cases, writes William H. Widen, Professor at University of Miami School of Law, the appeal is to “exigent circumstances
- [U.S. Property Owners Largely Clueless About Flood Risk](https://todaysgeneralcounsel.com/u-s-property-owners-largely-clueless-about-flood-risk/) - The risk is greater than they realize, and their insurance coverage is far worse. Those are conclusions of a MarketWatch article, written shortly after hurricane Ida devastated large areas of the Northeastern seaboard, including much of New York City. The article cites a recent study that found more than half of homeowners did not realize
- [To Call the Feds Or Not To Call the Feds, That Is the Question](https://todaysgeneralcounsel.com/to-call-the-feds-or-not-to-call-the-feds-that-is-the-question/) - The Biden administration is warning ransomware victims that they should alert the feds of an attack, but ransomware gangs are threatening victims that they will publish their files immediately if they contact the government. A spokesman for a prominent cybersecurity firm called the threat a sign of weakness. He also commended government efforts to interfere
- [Get Ready For New SEC Climate-Risk Disclosure Rules](https://todaysgeneralcounsel.com/get-ready-for-new-sec-climate-risk-disclosure-rules/) - The SEC will propose a demanding new set of climate-related disclosure requirements by the end of this year, according to Sonia Barros, partner at Sidley Austin and formerly with the SEC’s Division of Corporate Finance. She tells a Bloomberg reporter that companies can expect extensive requirements pertaining to emissions, not only those produced directly by
- [Third Straight Appellate Court Rules No Covid Business Interruption Coverage](https://todaysgeneralcounsel.com/third-straight-appellate-court-rules-no-covid-business-interruption-coverage/) - The Sixth Circuit Court of Appeals has affirmed a district court ruling that an Ohio restaurant that had lost business as a result of Covid was not entitled to coverage on a business interruption claim. The court cited two other recent appellate court decisions, in the 8th and 11th circuits, in concluding that commercial property
- [What Govt Contractors Need To Know About The New Vaccine Requirements](https://todaysgeneralcounsel.com/what-govt-contractors-need-to-know-about-the-new-vaccine-requirements/) - Covered employees are required to be fully vaccinated by December 8, and they include both contractors and subcontractors.. There are exceptions in cases where the contractor is legally required to provide an accommodation for a disability or sincerely held religious belief or practice. Contractors must also follow the CDC’s guidance for mask wearing and physical
- [Insurers Shunning Oil Pipelines, But The Oil Flows](https://todaysgeneralcounsel.com/insurers-shunning-oil-pipelines-but-the-oil-flows/) - In a required filing before the Minnesota Public Utilities Commission (PUC), Canadian pipeline company Enbridge, Inc. said it’s having a hard time finding insurance for its controversial Line 3 pipeline, which runs from western Canada and through Minnesota, to a Lake Superior terminal in Wisconsin. Nonetheless, the company says, its still has the minimum coverage
- [Hundreds Of Washington State Workers Sue Over Vaccine Mandate, As Anti-Vaxx Litigation Breaks Out Nationwide](https://todaysgeneralcounsel.com/hundreds-of-washington-state-workers-sue-over-vaccine-mandate-as-anti-vaxx-litigation-breaks-out-nationwide/) - What began with about 90 state troopers and dozens of public sector employees now includes an additional 600 state workers, including the state’s fire marshal. Plaintiffs claim the mandatory vaccine mandate issued by Washington Governor Jay Inslee will violate the state constitution's guarantee’s of “freedom of conscience in all matters of religious sentiment, belief and
- [CNN, Spooked By Defamation Risk, Abandons Facebook In Australia](https://todaysgeneralcounsel.com/cnn-spooked-by-defamation-risk-abandons-facebook-in-australia/) - In the wake of an Australian High Court ruling that makes a media outlet potentially liable for defamation based on third-party comments on its Facebook page, CNN is making its Facebook page inaccessible to residents of Australia. In the High Court ruling, which upholds a decision from an Australian Court of Appeal, two of the
- [Keys To Managing The "Perplexing" Risk Of AI](https://todaysgeneralcounsel.com/keys-to-managing-the-perplexing-risk-of-ai/) - Federal agencies are gearing up and regulation of AI is inevitable, according to this post from law firm Crowell & Moring, and numerous agencies have been actively engaged on the topic during the normally quiescent bureaucratic summer in DC. They include the National Highway Traffic Safety Administration (evaluating AI used for steering vehicles), the SEC
- [Is "Forever Chemical" PFAS Another Asbestos?](https://todaysgeneralcounsel.com/is-forever-chemical-pfas-another-asbestos/) - A federal judge in Georgia has issued an order that allows PFAS claims against carpet manufactures (as well as water districts) to proceed, and this could have "enormous impacts" on future litigation, according to attorney John Gardella, writing in National Law Review. It presents the possibility, he says, "that the PFAS chemical manufacturers (who have thus far
- [At Last! Covid-Related Business-Interruption Suit Prevails](https://todaysgeneralcounsel.com/at-last-covid-related-business-interruption-suit-prevails/) - A string of losses by policyholders who go to court to collect on Covid-related business interruption disputes has been broken, and legal experts are wondering if it signals a major shift. In Novant Health Inc. vs. American Guarantee and Liability Insurance Co., a U.S. district court judge in North Carolina declined to dismiss the lawsuit.
- [Double Punch For Hospitals: Risk Of Malpractice Lawsuit After Cyber Attack](https://todaysgeneralcounsel.com/double-punch-for-hospitals-risk-of-malpractice-lawsuit-after-cyber-attack/) - Some beleaguered healthcare systems, already reeling from ransomware attacks, are finding themselves having to defend what one MD/cybersecurity expert believes will emerge as the most common area of medical malpractice. He foresees a wave of both legitimate and opportunistic lawsuits, from plaintiffs alleging “suboptimal clinical outcomes due to delayed or inappropriate clinical management due to
- [Ransomware Gangs Running Their Own Arbitration Forums](https://todaysgeneralcounsel.com/ransomware-gangs-running-their-own-arbitration-forums/) - After staging highly successful attacks earlier this year, first on a big meat supplier and then on software company Kaseya, ransomware gang REvil practically became a household name. Then, following a meeting between Presidents Biden and Putin, it went dark. No direct connection was acknowledged, but it’s widely assumed there was one. In any case
- [Immortal Cells Generate Potent Lawsuit](https://todaysgeneralcounsel.com/immortal-cells-generate-potent-lawsuit/) - “This case,” says the complaint, “is about a multibillion-dollar biotechnology corporation, Thermo Fisher Scientific, making a conscious choice to sell and mass produce the living tissue of Henrietta Lacks...” Henrietta Lacks, a Black woman, was diagnosed with cervical cancer in 1951 and hospitalized in a racially segregated ward at Johns Hopkins Hospital in Baltimore, which
- [Three Ways To Reduce D&O Cyber Risk](https://todaysgeneralcounsel.com/three-ways-to-reduce-do-cyber-risk/) - Cyber risks, including the risk of ransomware attacks, are proving to be a direct threat to company officers and directors. D&O lawsuits targeting officials at Alphabet Inc. (parent of Google) and Marriott are just two high-profile examples. There are three basic ways to reduce these risks, according a post from risk and actuarial consulting firm
- [It’s Official: Climate Change An “Emerging Threat” To Financial Stability](https://todaysgeneralcounsel.com/its-official-climate-change-an-emerging-threat-to-financial-stability/) - In a new report, the Financial Stability Oversight Council (FSOC) calls climate change an emerging threat that is likely to be “a source of shocks to the financial system in the years ahead.” According to the FSOC analysis, climate-related financial risks can be grouped into two broad categories: physical risks and transition. risks. Physical risks
- [Precarious Role For 401-K Fiduciaries](https://todaysgeneralcounsel.com/precarious-role-for-401-k-fiduciaries/) - Excessive-fee claims began to appear in 2006, at first targeting only large companies with more than $1B in retirement plan assets. But in the past few years claims have surged, and not only “have the number of fiduciary excessive fee claims increased, but so have the range of sizes and kinds of plan sponsors and
- [A Consultant's Recipe For Fraud Control](https://todaysgeneralcounsel.com/a-consultants-recipe-for-fraud-control/) - A consultant boils in-house fraud control down to six components. First on his list is “visible, vocal leadership support,” starting at the top but including managers all the way down. Other suggestions are more concrete, including a requirement for multiple signatures on transactions above some specified value. It’s crucial that controls not become rote procedures: Documentation
- [Sorry Facebook, That Name Is Taken, Says PC Maker](https://todaysgeneralcounsel.com/sorry-facebook-that-name-is-taken-says-pc-maker/) - Meta PCs, a Scottsdale AZ-based company that assembles and sells high-performance gaming computers, has been around for more than a year. Judging from its website, it’s been quite successful, and the company’s founders say that back in August they filed to trademark the company name. Now that Facebook has announced it’s renaming itself Meta (to
- [The Prospect For D&O Climate Liability Claims](https://todaysgeneralcounsel.com/the-prospect-for-do-climate-liability-claims/) - A recent study looks at how, in today’s legal environment, a board’s failure to adequately address climate change-related issues could lead to litigation and liability. In his D&O Diary blog, attorney and management liability specialist Kevin LaCroix gives his read on the study, which comes from The Commonwealth Climate and Law Initiative (CCLI). Failure to
- [A Recommended Framework For IP Risk Management](https://todaysgeneralcounsel.com/a-recommended-framework-for-ip-risk-management/) - Recognizing IP risks in advance is the best way to mitigate them and avoid being blindsided, either by losing rights before they are protected or by an infringement claim. That's according to a consultant's post, based on a methodology from the Project Management Institute. Like most risk-management systems it rests on an implicit disclaimer: A
- [German, Israeli Police Cooperate, As Israel Becomes A Hub Of On-Line Financial Fraud](https://todaysgeneralcounsel.com/german-israeli-police-cooperate-as-israel-becomes-a-hub-of-on-line-financial-fraud/) - At the behest of German authorities, Israeli police raided a call center in Petah Tikvah, Israel, and detained 15 people. Four of them were arrested on suspicion of “binary options, forex and cryptocurrency fraud against German citizens” and may be extradited to Germany, according to a report in the Times of Israel, which says the
- [Specialty Insurance Gains New Foothold](https://todaysgeneralcounsel.com/specialty-insurance-gains-new-foothold/) - A former business development manager at Microsoft owns a "treasure chest of sneakers," augmented by the lucky discovery of a cache of Michael Jordan signature basketball shoes that were left in a house he had recently purchased. That prompted him to attempt to get insurance coverage for his collection, which he values at more than
- [Plaintiff Sues Over False Positive On $100K Online Jackpot](https://todaysgeneralcounsel.com/plaintiff-sues-over-false-positive-on-100k-online-jackpot/) - A woman who says she won $100,000 in an online slots game but was then told there had been a “bug” in the system is suing game manufacturer American Gaming Systems (AGS). The plaintiff says that after a preliminary conversation she was told that in fact she had won only $280, a figure that got
- [“Bankroll Johnny” Allegedly Filed Insurance Claims On Jewelry Forfeited When He Went To Prison](https://todaysgeneralcounsel.com/bankroll-johnny-allegedly-filed-insurance-claims-on-jewelry-forfeited-when-he-went-to-prison/) - An Oregon man who was serving a 57-month sentence got out of federal prison in the summer of 2020 on a compassionate early release program, based on the high risk of Covid in lockup. Johnell Lee Cleveland, aka "Bankroll Johnny,” was serving time on drug, firearms and money laundering charges, following his 2018 arrest, indictment
- [Pot Growers Said To Be Clueless Re Insurance](https://todaysgeneralcounsel.com/pot-growers-said-to-be-clueless-re-insurance/) - The typical cannabis policyholder too often views insurance coverage “as a box to check off for compliance purposes,” according to the managing partner of one law firm that handles risk management and insurance coverage needs for cannabis companies. This is a main reason, according to Jason Horst, managing partner for Horst Legal Counsel PC, why
- [The CA Employment Law Minefield: What's New For '22](https://todaysgeneralcounsel.com/the-ca-employment-law-minefield-whats-new-for-22/) - It’s not yet illegal to be an employer in California, but it’s getting there....
- [How A Civil War Law To Snare Mule Scammers Enhances Cyber Risk For Govt Contractors](https://todaysgeneralcounsel.com/how-a-civil-war-law-to-snare-mule-scammers-enhances-cyber-risk-for-govt-contractors/) - The False Claims Act, passed in 1863 to nab unscrupulous merchants selling sawdust-laden gunpowder and lame mules to the Union army, is now being applied to ferret out cybersecurity flaws in companies with government contracts. The Civil Cyber-Fraud Initiative, announced by DOJ in October, enables an FCA whistleblower to initiate a civil lawsuit, allowing the
- [Regulatory Confusion; Drone Insurance Stalled](https://todaysgeneralcounsel.com/regulatory-confusion-drone-insurance-stalled/) - An uncertain regulatory framework is hindering the development of needed insurance products in a rapidly expanding drone market, according to a post from Clyde & Co LLP, a UK-based firm noted for expertise in insurance and shipping matters. Drones, now widely used for medical, police, and catastrophe relief services, are becoming increasingly common in the
- [What Lisa Monaco Said](https://todaysgeneralcounsel.com/what-lisa-monaco-said/) - In a speech before an American Bar Association institute on white collar crime, Deputy Attorney General Lisa O. Monaco gave what’s widely viewed as a near-term roadmap for companies trying to avoid DOJ scrutiny, or achieve favorable resolution if the roadmap doesn’t do the trick. “I can appreciate the difficult conversations that arise surrounding compliance
- [Which Agency Will Regulate Crypto, SEC or CFTC?](https://todaysgeneralcounsel.com/which-agency-will-regulate-crypto-sec-or-cftc/) - Both the SEC and Commodity Futures Trading Commission have a case for becoming the “crypto-sheriff,” the arguments largely resting on the question of whether crypto is most appropriately defined as commodity or security, says John Joy, principal at a firm that specializes in representing crypto whistleblowers. Writing in the publication Jurist, Joy explains why in
- [Unlikely Plaintiffs Challenge Bristol Myers Squibb Vaccine Policy](https://todaysgeneralcounsel.com/unlikely-plaintiffs-challenge-bristol-myers-squibb-vaccine-policy/) - Four plaintiffs, all highly-paid professionals, have filed a putative class action against Bristol Myers Squibb, claiming they were wrongfully denied religious exemptions to the company’s Covid vaccine mandate and told they would be fired if they refused to be vaccinated. One of the plaintiffs is an M.D., identified in the complaint as Head of Clinical
- [New Due Diligence Obligations for Deforestation-Risk Products](https://todaysgeneralcounsel.com/new-due-diligence-obligations-for-deforestation-risk-products/) - Recently passed legislation in the UK will regulate the import and use of certain so-called forest risk commodities (FRCs), or products derived from them, according to a client alert from Covington & Burling, while similar legislation is under consideration by the EU. Taken together the UK law and the proposed EU law are dubbed “Deforestation
- [To Reduce Risk, Make AI “Explainable”](https://todaysgeneralcounsel.com/to-reduce-risk-make-ai-explainable/) - The problem for companies that employ AI, says a post from Federal News Network, is to make sure it’s implemented “in an ethical way” - meaning that it’s operating "within scope and its behavior is well-investigated in terms of fairness and harm." The solution is to make it explainable, says the writer, explaining what's being

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- [Level-up your CLM Game: A Key To Legal Department Success](https://todaysgeneralcounsel.com/product/level-up-your-clm-game-become-a-contracting-hero/) - Join us for a product tour and learn how tMalbek is putting an end to manual, disjointed contracting by arming you with effective tools to love your CLM.
- [How To Elevate Legal Excellence and Unleash the Power of Modern CLM](https://todaysgeneralcounsel.com/product/how-to-elevate-legal-excellence-and-unleash-the-power-of-modern-clm/) - Join us for a transformative 30-minute session where Malbek experts delve into the key to elevate legal excellence — a modern Contract Lifecycle Management (CLM) tool.
- [AI That Thinks With You: Amplifying Legal Judgment in Contracting](https://todaysgeneralcounsel.com/product/ai-that-thinks-with-you-amplifying-legal-judgment-in-contracting/) - Join Corey Longhurst, Chief Growth Officer at LegalOn Technologies, for a fast-paced 30-minute discussion on when to lean on AI—and when human judgment is indispensable.
- [Modern Contracting: How an AI-Powered Approach Benefits Legal Teams](https://todaysgeneralcounsel.com/product/the-modern-alternative-to-complex-clms/) - Join this webinar for a practical discussion on how legal teams can move beyond disconnected tools to build a truly integrated legal operations platform.
- [AI In Contract Review: Can It Deliver On Its Promises?](https://todaysgeneralcounsel.com/product/ai-in-contract-review-can-it-deliver-on-its-promises/) - Join us for a 30-minute webinar featuring Daniel Lewis, CEO of LegalOn Technologies, as he shares his insights and expertise on how lawyer-trained AI can accelerate contract reviews without compromising quality or accuracy, and how this technology empowers legal teams to review faster, confidently, and confidentially.
- [Building AI-Ready Playbooks: Contract Review in the Age of AI](https://todaysgeneralcounsel.com/product/building-ai-ready-playbooks-contract-review-in-the-age-of-ai/) - This webinar is designed to help you get started on building AI-ready contract playbooks.
- [Laying the Foundation for Smarter Legal Spend Management: People, Process, & Technology](https://todaysgeneralcounsel.com/product/laying-the-foundation-for-smarter-legal-spend-management-people-process-technology/) - This webinar will explore the foundational elements of comprehensive spend management—people, process, and technology—empowering you to optimize your legal spend while driving data-driven decisions.
- [Understanding AI Agents: How In-house Legal Teams Pick Their Winning Starting Point](https://todaysgeneralcounsel.com/product/understanding-ai-agents-how-in-house-legal-teams-pick-their-winning-starting-point/) - Available on-demand. Originally recorded on February 12, 2026. Join us for a practical discussion on the three types of AI agents, how to match the right one to your biggest need, and what the journey looks like from a peer's perspective.
- [Designing Contract Workflows That Scale With the Business](https://todaysgeneralcounsel.com/product/designing-contract-workflows-that-scale-with-the-business/) - Available on-demand. Originally recorded on February 18, 2026. In this 30-minute session, we’ll explore how modern legal teams design contract workflows that scale with the business — without increasing risk, headcount, or cycle times.
- [Modernizing Entity Governance: From Spreadsheets to Strategy](https://todaysgeneralcounsel.com/product/modernizing-entity-governance-from-spreadsheets-to-strategy/) - Available on-demand. Originally recorded on February 26, 2026. In this CLE-eligible webinar, we’ll explore why entity governance has become a growing risk area for modern legal departments, where manual tracking breaks down, and what “modern entity governance” looks like in practice.
- [Entity Compliance—Executed Through Intelligent Automation](https://todaysgeneralcounsel.com/product/entity-compliance-executed-through-intelligent-automation/) - Available on-demand. Originally recorded on March 3, 2026. Join this webinar to see how Filejet enables legal departments to complete compliance work up to 2x faster, and gain centralized control across the entire portfolio.
- [New Year’s Predictions: “2028” Edition](https://todaysgeneralcounsel.com/product/new-years-predictions-2028-edition/) - In this webinar, DISCO will break down the impact of digital transformation and what the legal department could look like in 2028.
- [AI on Trial: Governing GenAI in eDiscovery Before the Regulators Do](https://todaysgeneralcounsel.com/product/ai-on-trial-governing-genai-in-ediscovery-before-the-regulators-do/) - This CLE-accredited webinar will unpack the fast-emerging AI governance landscape and what it means for litigation and investigations.
- [The Role of LegalOps in Enterprise-Wide Initiatives: A Case Study on Modernizing CLM](https://todaysgeneralcounsel.com/product/the-role-of-legalops-in-enterprise-wide-initiatives-a-case-study-on-modernizing-clm/) - Join us for a 60-minute webinar to hear Ben Hayden, VP of Legal Operations at Cengage Group, and Dave Parks, Chief Marketing Officer at Contract Logix, discuss 4 best practices that LegalOps teams can follow to help lead change management efforts critical for the success of enterprise-wide initiatives.
- [AI, Blockchain, Other Emerging Technology Trends, and Their Implications for High-Growth Legal Teams](https://todaysgeneralcounsel.com/product/ai-blockchain-other-emerging-technology-trends-and-their-implications-for-high-growth-legal-teams/) - ON-DEMAND Presented by Today’s General Counsel and Concord SPEAKERS: Travis Bickham, VP, Marketing, Concord Alycia Simpson, Senior Manager, Concord
- [Five Key Principles for Discovery Budgeting & Cost Control](https://todaysgeneralcounsel.com/product/five-key-principles-for-discovery-budgeting-cost-control/) - ON-DEMAND Presented by Today’s General Counsel and Catalyst SPEAKERS: Dara Chevlin Tarkowski, Founding Partner, Actuate Law LLC TraceyAnn Eggan, eDiscovery Specialist, Dignity Health Sharyn Procaccio, Vice President and Assistant General Counsel, Hunt Companies John Tredennick, Founder and Chairman, Catalyst Repository Systems
- [How to Protect Yourself Against Missed Obligations: Avoiding Risk Associated with Contract Management in Financial and Reputational Damage](https://todaysgeneralcounsel.com/product/how-to-protect-yourself-against-missed-obligations-avoiding-risk-associated-with-contract-management-in-financial-and-reputational-damage/) - ON-DEMAND Presented by Today’s General Counsel and and Icertis, with Guest Speaker from Forrester SPEAKERS: Madhu Khatri, Chief Evangelist, Icertis Renee Murphy, Principal Analyst, Forrester
- [A Practical Demonstration of Contract Review Automation](https://todaysgeneralcounsel.com/product/a-practical-demonstration-of-contract-review-automation/) - ON-DEMAND Presented by Today’s General Counsel and LawGeex SPEAKERS: Lucy Bassli, Chief Legal Strategist, LawGeex Shmuli Goldberg, Legal Operations Guru, LawGeex
- [Top 10 Most-Asked Contract Management Evaluation Questions and Their Answers](https://todaysgeneralcounsel.com/product/top-10-most-asked-contract-management-evaluation-questions-and-their-answers/) - ON-DEMAND Presented by Today’s General Counsel and Concord SPEAKER: Alycia Simpson, Senior Manager, Concord
- [Legal & IT: Working Together to Invest in Strategic Contract Management Technology](https://todaysgeneralcounsel.com/product/legal-it-working-together-to-invest-in-strategic-contract-management-technology/) - ON-DEMAND Presented by Today’s General Counsel and Concord SPEAKERS: Jeff Barlow, Co-Founder, Nimble Consulting Services Travis Bickham, VP of Marketing, Concord Elizabeth Brooks, Co-Founder, Nimble Consulting Services Alycia Simpson, Senior Manager, Concord
- [Automated Compliance: The New Standard & How Legal Teams Achieve It](https://todaysgeneralcounsel.com/product/automated-compliance-the-new-standard-how-legal-teams-achieve-it/) - ON-DEMAND Presented by Today’s General Counsel and Concord SPEAKERS: Travis Bickham, VP of Marketing, Concord Alycia Simpson, Senior Manager, Concord
- [How the Modern GC Is Transforming Their Business Impact](https://todaysgeneralcounsel.com/product/how-the-modern-gc-is-transforming-their-business-impact/) - ON-DEMAND Presented by Today’s General Counsel and Icertis, with Guest Speaker Forrester SPEAKERS: Madhu Khatri, Chief Evangelist, Icertis Christopher McClean, VP, Research Director, Serving Security & Risk Professionals, Forrester
- [Hitting the Next Discovery Gear (Part 1) – Designing for Workflow Efficiency and Quality in a Modern eDiscovery Platform](https://todaysgeneralcounsel.com/product/hitting-the-next-discovery-gear-part-1-designing-for-workflow-efficiency-and-quality-in-a-modern-ediscovery-platform/) - ON-DEMAND Presented by Today’s General Counsel and Consilio SPEAKERS: Pete Feinberg, Senior Vice President, Product and Marketing, Consilio Omid Jahanbin, VP, Product Experience and Global Brand Marketing, Consilio
- [Hitting the Next Discovery Gear (Part 2) – What You Need to Get Ahead Using eDiscovery Analytics](https://todaysgeneralcounsel.com/product/hitting-the-next-discovery-gear-part-2-what-you-need-to-get-ahead-using-ediscovery-analytics/) - ON-DEMAND Presented by Today’s General Counsel and Consilio SPEAKERS: Pete Feinberg, Senior Vice President, Product and Marketing, Consilio Omid Jahanbin, VP, Product Experience and Global Brand Marketing, Consilio
- [E-Discovery Case Law Update: 2018 Half Yearly Review](https://todaysgeneralcounsel.com/product/e-discovery-case-law-update-2018-half-yearly-review/) - ON-DEMAND Presented by Today’s General Counsel and Exterro SPEAKERS: The Hon. Thomas I. Vanaskie, U.S. Court of Appeals, Third Circuit David Cohen, Partner, Reed Smith Anne B. McCray, Partner, McGuire Woods
- [Strategies for Overcoming Language-Based Data Challenges Domestically and Globally](https://todaysgeneralcounsel.com/product/strategies-for-overcoming-language-based-data-challenges-domestically-and-globally/) - ON-DEMAND Presented by Today’s General Counsel and Fronteo SPEAKERS: Jeremiah Weasenforth, Managing Project Attorney, Orrick Analytics Group Richard Dilgren, JD, SVP, Consulting Services, FRONTEO USA
- [Winning the Race for the Facts: Case Studies on How to Leverage Technology and Search Expertise for Investigations and Case Preparation](https://todaysgeneralcounsel.com/product/winning-the-race-for-the-facts-case-studies-on-how-to-leverage-technology-and-search-expertise-for-investigations-and-case-preparation/) - ON-DEMAND Presented by Today’s General Counsel, H5 and Covington SPEAKERS: John Kihlberg, Senior Director, Engagement and Client Management, H5 Benjamin S. Haley, Partner, Covington Aaron Lewis, Partner, Covington Randall Friedland, Associate, Covington Joshua González, Associate, Covington Stephen Van Liere, Senior Practice Director, H5
- [How Not to Mess up a Litigation Hold](https://todaysgeneralcounsel.com/product/how-not-to-mess-up-a-litigation-hold/) - ON-DEMAND Presented by Today’s General Counsel and Catalyst SPEAKERS: Jennifer S. Coleman, Associate, Hopkins Carley Daniel J. Polatsek, Partner, Katten Muchin Rosenman John Tredennick, Founder, Catalyst
- [How to Implement an Effective Legal Hold: Practices and Pitfalls](https://todaysgeneralcounsel.com/product/how-to-implement-an-effective-legal-hold-practices-and-pitfalls/) - ON-DEMAND Presented by Today’s General Counsel and Catalyst SPEAKERS: TracyAnn Eggen, E-Discovery Specialist, Dignity Health Alon Israely, Founder and CEO, TotalDiscovery John Tredennick, Founder and Chairman, Catalyst Repository Systems
- [The Role Of Legal Ops, Technology, And How To Leverage Both To Become A Strategic Business Function](https://todaysgeneralcounsel.com/product/the-role-of-legal-ops-technology-and-how-to-leverage-both-to-become-a-strategic-business-function/) - ON-DEMAND Presented by Today’s General Counsel and Concord SPEAKER: Alycia Simpson, Senior Manager, Concord
- [Predictive Coding: Augmenting Attorney Intelligence](https://todaysgeneralcounsel.com/product/predictive-coding-augmenting-attorney-intelligence/) - ON-DEMAND Presented by Today’s General Counsel and Blackstone Discovery SPEAKERS: Derek Duarte, President, Blackstone Discovery Adam Bender, Senior Project Manager, Blackstone Discovery Dave Lewis, Chief Data Scientist, Brainspace Corporation
- [Spotlight on Early Case Assessment & AI: How to Champion Your Firm's Audio and Video Files](https://todaysgeneralcounsel.com/product/spotlight-on-early-case-assessment-and-ai/) - ON-DEMAND Presented by Today’s General Counsel and Veritone SPEAKERS: Chuck Kellner, Principal, eDiscoveryStrategy.com Tom O'Connor, Director, Gulf Coast Legal Technology Center Chris Ricciuti, Vice President of Product Management for Legal & Compliance, Veritone Gina Trimarco, Senior Attorney, DLA Piper
- [Introduction to Blockchain and its Application to the Practice of Law and Litigation](https://todaysgeneralcounsel.com/product/introduction-to-blockchain-and-its-application-to-the-practice-of-law-and-litigation/) - ON-DEMAND Presented by Today’s General Counsel and Consilio SPEAKERS: Craig Barnett, Shareholder, GreenbergTraurig Karen Hornbeck, Senior Manager, Consilio Anessa Santos, Founder and Managing Attorney, IntelliLaw
- [In-House Legal Roundtable: How to Effectively Reduce Legal Costs](https://todaysgeneralcounsel.com/product/in-house-legal-roundtable-how-to-effectively-reduce-legal-costs/) - ON-DEMAND Presented by Today’s General Counsel and Exterro SPEAKERS: Linda Luperchio, CEDS, Director of Information Lifecycle Governance and E-Discovery, The Hanover Insurance Group James Michalowicz, Senior Manager - Legal Operations, Business Performance, TE Connectivity David Yerich, Director of eDiscovery, UnitedHealth Group Brad Blickstein, Principal, The Blickstein Group Michael Hamilton, Director of Marketing Programs, Exterro
- [The Business of Law 2020: The FTI-Relativity General Counsel Survey](https://todaysgeneralcounsel.com/product/the-business-of-law-2020-the-fti-relativity-general-counsel-survey/) - ON-DEMAND Presented by Today’s General Counsel and FTI Technology and Relativity SPEAKERS: David Horrigan, Discovery Counsel and Legal Education Director, Relativity Ari Kaplan, Principal, Ari Kaplan Advisors Wendy King, Senior Managing Director, FTI Consulting
- [The Board’s Perspective: What Can’t be Measured, Can’t be Managed](https://todaysgeneralcounsel.com/product/the-boards-perspective-what-cant-be-measured-cant-be-managed/) - ON-DEMAND Presented by Today’s General Counsel and Convercent SPEAKERS: Stephen Martin, Partner, StoneTurn Stewart Maurer, VP, Marketing, Convercent
- [The New Face of Document Review: Changes in People, Process, and Technology](https://todaysgeneralcounsel.com/product/the-new-face-of-document-review-changes-in-people-process-and-technology/) - ON-DEMAND Presented by Today’s General Counsel and TCDI SPEAKERS: Jennifer Andres, Senior Review Manager, TCDI Caragh Landry, President, Legal Services, TCDI Kimberly Harlowe, Senior Manager, Litigation Technology, Altria William McDermod, eDiscovery Coordinator, Boehringer Ingelheim Danny Thankachan, Director of Practice Technology, Blank Rome
- [Here Today, Gone Tomorrow: Preserving Ephemeral Evidence in E-Discovery](https://todaysgeneralcounsel.com/product/here-today-gone-tomorrow-preserving-ephemeral-evidence-in-e-discovery/) - ON-DEMAND Presented by Today’s General Counsel and OpenText + Catalyst SPEAKERS: Thomas C. Gricks III, Managing Director, Professional Services, Catalyst Robert Keeling, Partner, Sidley Austin
- [CCPA Compliance in Practice: Pragmatic Approaches Learned from the GDPR](https://todaysgeneralcounsel.com/product/ccpa-compliance-in-practice-pragmatic-approaches-learned-from-the-gdpr/) - ON-DEMAND Presented by Today’s General Counsel and OpenText SPEAKERS: Peter Fisk, Attorney, Lane Powell PC Andy Teichholz, Global Industry Strategist, OpenText Duncan Bradley, Product Marketing Manager, OpenText
- [Shielding Your Organization from Data Privacy Nightmares](https://todaysgeneralcounsel.com/product/shielding-your-organization-from-data-privacy-nightmares/) - ON-DEMAND Presented by Today’s General Counsel and Knovos SPEAKERS: Joe Bartolo, Information Governance & Risk Solutions, Knovos Patrick Burke, Partner, Phillips Nizer Emily Fedeles, Associate, Baker Hostetler Susan Wortzman, Partner, McCarthy Tétrault MODERATOR: Chris Costello, Senior eDiscovery Attorney, Winston & Strawn
- [California’s New Privacy Law: Four Bet-The-Job Questions for GCs](https://todaysgeneralcounsel.com/product/californias-new-privacy-law-four-bet-the-job-questions-for-gcs/) - ON-DEMAND Presented by Today’s General Counsel and Exterro SPEAKERS: Jane Froyd, SVP, General Counsel, Americas, Treasury Wine Estates Rebecca Perry, Director of Strategic Partnerships, Jordan Lawrence Jeffrey Rabkin, Cybersecurity, Privacy and Data Protection Partner, Jones Day
- [GDPR, CCPA and US Federal Privacy Regulations](https://todaysgeneralcounsel.com/product/gdpr-ccpa-and-us-federal-privacy-regulations/) - ON-DEMAND Presented by Today’s General Counsel and Consilio SPEAKERS: Robert Cowen, eDiscovery & GDPR Consultant, Manager, Consilio Karen Hornbeck, Director, Consilio
- [Ediscovery Considerations in Information Governance Planning](https://todaysgeneralcounsel.com/product/ediscovery-considerations-in-information-governance-planning/) - ON-DEMAND Presented by Today’s General Counsel and Zapproved SPEAKERS: Alma Asay, Chief Innovation Officer, Legal Solutions, Integreon Discovery Solutions Aaron Laliberte, Vice President of Product, Zapproved Brett Tarr, Former Chief Counsel, E-Discovery & Information Governance, Caesars Entertainment
- [Why Your Investigations Went Nowhere: Advanced Forensics for Trade Secret Investigations](https://todaysgeneralcounsel.com/product/why-your-investigations-went-nowhere-advanced-forensics-for-trade-secret-investigations/) - ON-DEMAND Presented by Today’s General Counsel and BlackStone Discovery SPEAKERS: Stuart Bartow, Partner, Duane Morris James Sahm, Lead Cyber Investigator, BlackStone Discovery Derek Duarte, President, BlackStone Discovery
- [Corporate Investigations: What the Pros Think, Key Insights from the H5 Corporate Investigations Survey](https://todaysgeneralcounsel.com/product/corporate-investigations-what-the-pros-think-key-insights-from-the-h5-corporate-investigations-survey/) - ON-DEMAND Presented by Today’s General Counsel and H5 SPEAKERS: TracyAnn Eggen, Enterprise eDiscovery and Litigation Manager, Dignity Health Sheila Mackay, Managing Director of eDiscovery, H5 Karla Wehbe, Director. Legal and Compliance Business Solutions, H5
- [How to Avoid a Sweeping Regulatory Investigation](https://todaysgeneralcounsel.com/product/how-to-avoid-a-sweeping-regulatory-investigation/) - ON-DEMAND Presented by Today’s General Counsel and OpenText + Catalyst SPEAKERS: Thomas C. Gricks III, Data Analytics, Catalyst Cloud Services, OpenText Sharyn Procaccio, Vice President & Assistant General Counsel, Hunt Companies Daniel Polatsek, Partner, Ice Miller LLP
- [When a Crisis Hits: How to Gain Control of the Data, the Facts and Your Message](https://todaysgeneralcounsel.com/product/when-a-crisis-hits-how-to-gain-control-of-the-data-the-facts-and-your-message/) - ON-DEMAND Presented by Today’s General Counsel and OpenText + Catalyst SPEAKERS: Thomas C. Gricks III, Managing Director, Professional Services, Catalyst Gloria Labbad, Principal & Corporate Counsel, Sard Verinnen & Co. Daniel Polatsek, Partner, Ice Miller LLP
- [Ediscovery Considerations in Information Governance Planning](https://todaysgeneralcounsel.com/product/ediscovery-considerations-in-information-governance-planning-2/) - ON-DEMAND Presented by Today’s General Counsel and Zapproved SPEAKERS: Alma Asay, Chief Innovation Officer, Legal Solutions, Integreon Discovery Solutions Aaron Laliberte, Vice President of Product, Zapproved Brett Tarr, Former Chief Counsel, E-Discovery & Information Governance, Caesars Entertainment
- [Practical Guidelines on Managing Legal Holds: New Sedona Guidelines, Amendments to the Federal Rules and More](https://todaysgeneralcounsel.com/product/practical-guidelines-on-managing-legal-holds-new-sedona-guidelines-amendments-to-the-federal-rules-and-more/) - ON-DEMAND Presented by Today’s General Counsel and Catalyst SPEAKERS: Jennifer S. Coleman, Shareholder, Hopkins Carley Thomas C. Gricks III, Managing Director, Professional Services, Catalyst Gina Trimarco, Senior Attorney, DLA Piper
- [New Corporate Legal Ops Survey Results: Learn the Forces Driving Change](https://todaysgeneralcounsel.com/product/new-corporate-legal-ops-survey-results-learn-the-forces-driving-change/) - ON-DEMAND Presented by Today’s General Counsel and OpenText SPEAKERS: Ari Kaplan, Principal, Ari Kaplan Advisors Adam Kuhn, Director of Product Marketing, OpenText Scott Landau, Associate General Counsel, Mount Sinai Health System Richard T. Robinson, Director of Legal Operations & Litigation Support, Toyota Legal One c/o Toyota Motor North America Inc.
- [Trends and Hot Topics in M&A Deal Terms](https://todaysgeneralcounsel.com/product/trends-and-hot-topics-in-ma-deal-terms/) - ON-DEMAND Presented by Today’s General Counsel and SRS Acquiom SPEAKERS: Sara Wilcox, Executive Director, Contract Administration, SRS Acquiom Michelle Kirkpatrick, Senior Director, Dispute Resolution, SRS Acquiom
- [The Convergence of E-Discovery & Privacy: Why Legal Leaders Must Take Notice](https://todaysgeneralcounsel.com/product/the-convergence-of-e-discovery-privacy-why-legal-leaders-must-take-notice/) - ON-DEMAND Presented by Today’s General Counsel and E-Discovery Day SPEAKERS: Jennifer Hamilton, Sr./Global E-Discovery Counsel, John Deere Scott Thayer, CLO, Dawn Food Products
- [The New Role General Counsel and Chief Legal Officers Must Play](https://todaysgeneralcounsel.com/product/the-new-role-general-counsel-and-chief-legal-officers-must-play/) - ON-DEMAND Presented by Today’s General Counsel and Exterro SPEAKERS: Chris Colvin, Founder, In The House Scott Milner, Partner, Morgan, Lewis & Bockius LLP Michael Hamilton, Director of Marketing Programs, Exterro Register for this webcast and get: Expert analysis from legal professionals on the role of legal is evolving. Results from a recently released in-house legal
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- [Alleviate Data Privacy Concerns by Knowing Your Organization’s Data Environment](https://todaysgeneralcounsel.com/product/alleviate-data-privacy-concerns-by-knowing-your-organizations-data-environment/) - ON-DEMAND Presented by Today’s General Counsel and Exterro SPEAKERS: Robert Fowler, Director of Strategic Alliances, Exterro Alfred Saikali, Chair – Privacy & Data Security Practice, Shook, Hardy & Bacon Amy Olivares, Manager, Corporate Governance & Compliance, Blount International, Inc. In this webcast, industry experts will review: New regulatory mandates requiring a new approach to maintaining
- [Shareholder Solicitation, Escrow & Payments: Streamline your M&A Closing](https://todaysgeneralcounsel.com/product/shareholder-solicitation-escrow-payments-streamline-your-ma-closing/) - ON-DEMAND Presented by Today’s General Counsel and SRS Acquiom SPEAKERS: Fiona Boger, Executive Director, Escrow and Payments Solutions, SRS Acquiom Alexander Scheck, Director, Escrow and Payments Administration, SRS Acquiom With a particular focus on how best to manage the escrow and payments processes, this webinar tackles common obstacles with tested solutions that can help you
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- [Top 5 Discovery Sanctions of 2020](https://todaysgeneralcounsel.com/product/top-5-discovery-sanctions-of-2020/) - ON-DEMAND Presented by Today’s General Counsel and Exterro SPEAKERS: David R. Cohen, Partner, Reed Smith Joy Flowers Conti, Senior District Judge, US District Court, Western District of Pennsylvania Pre-litigation activities are becoming more and more complex considering the variety of new places where data may reside and the growing volume of data to look through.
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- [The Art of Consent: Navigating the Compliance Trifecta](https://todaysgeneralcounsel.com/product/the-art-of-consent-navigating-the-compliance-trifecta/) - ON-DEMAND Presented by Today’s General Counsel and Exterro Speakers: Jason Van Volkenburgh, Vice President & Associate General Counsel, Hunter Douglas Tyler J. Thompson, Of Counsel Attorney, APP Privacy Law Specialist, Greenberg Traurig, LLP Rebecca Perry, Director of Strategic Partnerships, Exterro Privacy regulations are constantly changing, and with recent fines and enforcements by regulators, it's more
- [How AI and AI-Adjacent Technologies Impact Discovery, Compliance & Investigations](https://todaysgeneralcounsel.com/product/how-ai-and-ai-adjacent-technologies-impact-discovery-compliance-investigations/) - In this webinar, we will discuss how AI and AI-adjacent technologies are impacting discovery, compliance, and regulatory investigations.
- [Document Review Workflows That Work for Everyone](https://todaysgeneralcounsel.com/product/document-review-workflows-that-work-for-everyone/) - Register for this webinar to get best practices for managing your document review workflows.
- [Learn How an Integrated Solution to Data Privacy Ensures Sustained Compliance](https://todaysgeneralcounsel.com/product/learn-how-an-integrated-solution-to-data-privacy-ensures-sustained-compliance/) - Get control of your privacy footprint! Join this webinar to learn first hand how an Integrated Solution to Data Privacy can help build trust and outsmart risk.
- [Are you leveraging Advanced AI for Legal Productivity to Reduce Risks and Save Costs?](https://todaysgeneralcounsel.com/product/are-you-leveraging-advanced-ai-for-legal-productivity-to-reduce-risks-and-save-costs/) - Join this webinar to learn how Thomson Reuters uses AI-powered Document Intelligence to streamline contract lifecycle management.
- [The Privacy Puzzle: Piecing Together Child Privacy for Organizations](https://todaysgeneralcounsel.com/product/the-privacy-puzzle-piecing-together-child-privacy-for-organizations/) - Join us for an informative webinar where we piece together what "COPPA compliance" really means and address common misconceptions.
- [Does your Legal Department Maximize the FULL Value of CLM Technology?](https://todaysgeneralcounsel.com/product/how-to-understand-the-value-of-your-clm-technology/) - In this webinar, we will discuss the role of CLM in revenue management, and learn how to improve efficiency and reduce unnecessary risk.
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- [The Art of Data Retention: Navigating the Compliance Trifecta](https://todaysgeneralcounsel.com/product/the-art-of-data-retention-navigating-the-compliance-trifecta/) - Join this webinar to learn from our panel of experts and gain a deeper understanding of navigating the compliance trifecta.
- [Man v. Machine: Exploring the Past, Present, and Future Relationship Between Legal and Technology](https://todaysgeneralcounsel.com/product/man-v-machine-exploring-the-past-present-and-future-relationship-between-legal-and-technology/) - Legal technology is now a must-have for in-house teams. Join this webinar as we discuss the complex relationship between legal and technology.
- [U.S. Data Privacy Laws — What’s at Risk and How to Prepare](https://todaysgeneralcounsel.com/product/u-s-data-privacy-laws-whats-at-risk-and-how-to-prepare/) - In this webinar, we discuss the risks U.S data privacy laws present, what organizations can do to prepare, and how technology—including AI—can help.
- [Say It. Do It. Prove It: Navigating the Compliance Trifecta in the Age of AI](https://todaysgeneralcounsel.com/product/the-art-of-data-discovery-navigating-the-compliance-trifecta/) - In this webinar, our experienced speakers will share practical insights, real-life examples, and best practices for leveraging the art of data discovery to navigate the compliance trifecta.
- [Harnessing the Power of Generative AI to Transform Contract Management](https://todaysgeneralcounsel.com/product/harnessing-the-power-of-generative-ai-to-transform-contract-management/) - Join this webinar and learn how to harness these power of generative AI to transform contract management.
- [Don't Delete That! How to Preserve AI, Social, Text & Collaboration Apps for Litigation](https://todaysgeneralcounsel.com/product/dont-delete-that-how-to-preserve-ai-social-text-collaboration-apps-for-litigation/) - Register for this webinar to learn how to empower your legal team to effectively and efficiently preserve AI, social, text & collaboration apps for litigation.
- [Learn How Leveraging Advanced AI Can Reduce Risk and Maximize Savings On Day One](https://todaysgeneralcounsel.com/product/learn-how-leveraging-advanced-ai-can-reduce-risk-and-maximize-savings-on-day-one/) - Learn how leveraging advanced AI can reduce risk and maximize savings and value to the legal department.
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- [Preparing to Acquire? Tips for Smarter Due Diligence](https://todaysgeneralcounsel.com/product/preparing-to-acquire-tips-for-smarter-due-diligence/) - Learn how to arm yourself with deal terms and claims data to inform deal negotiations and streamline due diligence when evaluating your next target.
- [Using ChatGPT to Revolutionize Investigations and Discovery: Understanding the Benefits and Discussing the Risks](https://todaysgeneralcounsel.com/product/using-chatgpt-to-revolutionize-investigations-and-discovery-understanding-the-benefits-and-discussing-the-risks/) - In this webinar, we will discuss using ChatGPT to revolutionize investigations and discovery, weighing the benefits and risks.
- [Knowledge is Power – Understanding Document Review KPIs](https://todaysgeneralcounsel.com/product/knowledge-is-power-understanding-document-review-kpis/) - Understand document review key performance indicators (KPIs) that allow corporate counsel, service providers, and law firms to help measure, manage, and analyze document review processes.
- [Winning More State Trial Court Cases with Legal Data & Analytics](https://todaysgeneralcounsel.com/product/winning-more-state-trial-court-cases-with-legal-data-analytics/) - In this webinar, discover how you can capitalize on legal research & analytics using state trial court data to make more informed decisions.
- [The Crossroads of Data Privacy, Cybersecurity, and Compliance: What's At Risk and How To Prepare](https://todaysgeneralcounsel.com/product/the-crossroads-of-data-privacy-cybersecurity-and-compliance-whats-at-risk-and-how-to-prepare/) - In this webinar, we turn the discussion to a concern of many organizations—how to achieve compliance at the crossroads of data privacy and cybersecurity.
- [AI & Ethics: New Developments, Regulatory Considerations & Ethical Obligations](https://todaysgeneralcounsel.com/product/ai-ethics-new-developments-regulatory-considerations-ethical-obligations/) - In this webinar, we will delve into the critical intersection of artificial intelligence (AI), ethics, and regulatory compliance, using the compliance trifecta approach of "say it, do it, prove it."
- [The M&A Playbook for Legal Teams](https://todaysgeneralcounsel.com/product/the-ma-playbook-for-legal-teams/) - As part of the legal team, you play an instrumental role in steering your organization toward success during M&A transactions – here's the playbook.
- [Learn How Expert AI Can Transform the Tedious Workflow Processes of Litigation](https://todaysgeneralcounsel.com/product/learn-how-expert-ai-can-transform-the-tedious-workflow-processes-of-litigation/) - We invite you to learn how expert AI technology can automate away the parts of practicing law that do not require legal judgment – to let lawyers be lawyers!
- [Critical E-Discovery Cases: Exploring Top Case Law Rulings from 2023](https://todaysgeneralcounsel.com/product/critical-e-discovery-cases-exploring-top-case-law-rulings-from-2023/) - Join our panel of industry experts as we review the top e-discovery case law rulings from 2023.
- [Data Retention 2.0: Best Practices for Building and Enforcing Global Retention Schedules](https://todaysgeneralcounsel.com/product/data-retention-201-best-practices-for-building-and-enforcing-global-retention-schedules/) - ON-DEMAND Presented by Today’s General Counsel and Exterro Speakers: Rebecca Perry, CIPP/US/G, Director – Strategic Partnerships, Exterro Nichole Sterling, Partner, BakerHostetler Luke E. Record, Associate, BakerHostetler Join our insightful webinar to master the art of building and enforcing an effective records retention schedule for organizations operating across multiple jurisdictions. Our session will guide you through
- [Why E-Discovery Data Storage Costs Are Breaking Your Budget](https://todaysgeneralcounsel.com/product/why-e-discovery-data-storage-costs-are-breaking-your-budget/) - E-Discovery data storage costs and your budget.
- [Cyber Incident Response: Practical Guidance & Insights from the Trenches](https://todaysgeneralcounsel.com/product/cyber-incident-response-practical-guidance-insights-from-the-trenches/) - In this webinar, leading experts in data privacy and cyber incident response will share practical steps organizations can take to ensure they are prepared with an effective response plan.
- [Learn How AI Can Take The Tedium Out of Deposition Summaries](https://todaysgeneralcounsel.com/product/learn-how-ai-can-take-the-tedium-out-of-deposition-summaries/) - In this 30-minute Product Showcase, we will introduce you to the AI assistant eliminating the tedious parts of reviewing deposition summaries.
- [AI and Its Impact on eDiscovery: Where We Are Today and Where We Are Headed](https://todaysgeneralcounsel.com/product/ai-and-its-impact-on-ediscovery-where-we-are-today-and-where-we-are-headed/) - Learn how AI is impacting legal and ediscovery processes today and what the near future holds.
- [Discover How State Trial Court Intelligence Can Increase Your Advantage In Litigation](https://todaysgeneralcounsel.com/product/state-trial-court-intelligence-for-in-house-legal-teams/) - Learn how to maximize state trial court legal research and analytics to add value to your team, win more cases and bring in more money when litigating in state trial courts.
- [Mastering Data Discovery: A Strategic Approach to Privacy Compliance and Effective Data Governance](https://todaysgeneralcounsel.com/product/mastering-data-discovery-a-strategic-approach-to-privacy-compliance-and-effective-data-governance/) - Join this webinar to explore the critical role of data discovery in constructing a comprehensive and accurate data inventory, essential for streamlining privacy compliance and enhancing data governance.
- [Legal Contract Management Redefined: Exploring The Latest Advancements For Legal Teams](https://todaysgeneralcounsel.com/product/legal-contract-management-redefined-exploring-the-latest-advancements-for-legal-teams/) - ON-DEMAND Presented by Today’s General Counsel and Cobblestone Software Speaker: Michael Gormely Jr., Sales Manager, Speaker, & CLM Software expert, CobbleStone Software Discover the cutting-edge capabilities of AI-based CLM software - tailored to meet the sophisticated, ranging needs of legal professionals. Join us to hear from CobbleStone®, industry-leading experts in Contract Management Software, to explore
- [Mastering Data Inventories: Strategic Privacy Compliance and Data Governance](https://todaysgeneralcounsel.com/product/mastering-data-inventories-strategic-privacy-compliance-and-data-governance/) - Join our enlightening webinar to explore the critical role of data discovery in constructing a comprehensive and accurate data inventory, essential for streamlining privacy compliance and enhancing data governance.
- [The 2024 General Counsel Report: Exploring the Transitions in Strategy, Technology Integration, and Operational Dynamics](https://todaysgeneralcounsel.com/product/the-2024-general-counsel-report-exploring-the-transitions-in-strategy-technology-integration-and-operational-dynamics/) - In this webinar, findings from the 2024 General Counsel Report report will be shared by the panel as they discuss the top priorities for chief legal officers in 2024.
- [Laying the Foundation for Comprehensive Legal Spend Management: People, Process, & Technology](https://todaysgeneralcounsel.com/product/laying-the-foundation-for-comprehensive-legal-spend-management-people-process-technology/) - In this webinar, you’ll learn about actionable steps towards legal spend management that you can take to elevate your people, processes, and technology.
- [Overcoming Compliance Hurdles: Addressing Off-Channel Communications Records Management](https://todaysgeneralcounsel.com/product/overcoming-compliance-hurdles-addressing-off-channel-communications-records-management/) - Join Smarsh and Exterro, as we dive into the complexities of retaining ephemeral records during investigations and lawsuits ensuring compliance.
- [Navigating New Horizons in Data Compliance: Data Discovery Solutions and NY DFS Cybersecurity Regulation Updates](https://todaysgeneralcounsel.com/product/navigating-new-horizons-in-data-compliance-exterros-data-discovery-solution-and-ny-dfs-cybersecurity-regulation-updates/) - This webinar will explore how Exterro Data Discovery seamlessly aligns with the updated regulation by enabling organizations to efficiently discover, classify, and catalog data across their entire landscape, thus facilitating compliance with the asset inventory requirements.
- [Are you safeguarding against ESI Risks & Sanctions?](https://todaysgeneralcounsel.com/product/risks-delays-fines-new-research-on-esi-risk-litigation-readiness/) - Join us to hear from our esteemed panel of industry insiders as they discuss the 2024 ESI Risk Management & Litigation Readiness Report and find out how your team measures up.
- [Data Management & Information Governance: AI Is Important, But It’s Not Everything](https://todaysgeneralcounsel.com/product/data-management-information-governance-ai-is-important-but-its-not-everything/) - Join this essential webinar on mastering AI in the realm of data management, information governance, and compliance.
- [Ediscovery Made Easy: Crash Course to Streamlining Electronic Discovery](https://todaysgeneralcounsel.com/product/ediscovery-made-easy-crash-course-to-streamlining-electronic-discovery/) - This session will outline the legal foundations of ediscovery and how to navigate new technology and ever-proliferating forms of ESI.
- [Leading Litigators Share Strategies & Tactics for Modernization](https://todaysgeneralcounsel.com/product/litigation-survey-findings-explored-mandate-to-modernize-from-ai-to-alsps/) - This webinar takes a deep dive into modernization strategies and implications against the backdrop of findings from UnitedLex’s recent litigation survey, with a focus on data and AI initiatives, performance metrics, operational governance, and more.
- [AI Revolution: Transforming Document Review for Maximum Efficiency](https://todaysgeneralcounsel.com/product/ai-revolution-transforming-document-review-for-maximum-efficiency/) - Learn how AI can transform your document review process and elevate your legal practice.
- [US Data Privacy Laws - 2024 Update: What's Changed? What are the (Real/Potential) Impacts? What's Ahead?](https://todaysgeneralcounsel.com/product/us-data-privacy-laws-2024-update-whats-changed-what-are-the-real-potential-impacts-whats-ahead/) - This webinar addresses how the risks US data privacy laws present, what organizations can do to mitigate these risks, and how technology—including AI—can help.
- [Stay Ahead of the Latest Privacy Trends: Unlocking the Power of ROPA, Why It Matters and How It Protects Your Business](https://todaysgeneralcounsel.com/product/unlocking-the-power-of-ropa-why-it-matters-latest-privacy-trends-and-how-it-protects-your-business/) - Attend our comprehensive webinar to understand why ROPA is not merely a regulatory requirement but a strategic tool that can protect your organization, enhance operational efficiency, and establish trust with your stakeholders.
- [From Specialist to Strategist: How CLOs Are Becoming Operational Leaders](https://todaysgeneralcounsel.com/product/from-specialist-to-strategist-how-clos-are-becoming-operational-leaders/) - This webinar will share a fascinating study of how CLOs are becoming operational leaders.
- [Why the “Well-Drafted” Clause Is Essential to Successful Alternative Dispute Resolution](https://todaysgeneralcounsel.com/product/why-the-well-drafted-clause-is-essential-to-successful-alternative-dispute-resolution/) - Join us for an exclusive webinar where we’ll unveil the American Arbitration Association’s® ClauseBuilder® AI (Beta) and discuss how this revolutionary tool can positively impact your Alternative Dispute Resolution (ADR) results.
- [AI and the Legal Landscape: A Roadmap for General Counsel](https://todaysgeneralcounsel.com/product/ai-and-the-legal-landscape-a-roadmap-for-general-counsel/) - Join us for a comprehensive understanding of AI, share insights from the General Counsel perspective, and delve into practical use cases of how AI tools can have a positive impact on Legal Departments.
- [Risky Business: Managing Contract Risk & Compliance](https://todaysgeneralcounsel.com/product/risky-business-managing-contract-risk-compliance/) - Join us for a quick and insightful 30-minute webcast to see how the Contract Logix CLM platform can help you handle contract risk, ensure compliance, and automate and simplify processes.
- [Master Multi-Matter Management for Efficiency and Cost Savings](https://todaysgeneralcounsel.com/product/master-multi-matter-management-for-efficiency-and-cost-savings/) - Join our 30-minute webinar and learn how Multi-Matter Management technology can revolutionize your approach, helping you cut costs, reduce turnaround times, and maximize productivity.
- [Agree & Thrive: CLM systems with a Data-First Agreement Platform](https://todaysgeneralcounsel.com/product/agree-thrive-clm-systems-with-a-data-first-agreement-platform/) - Join us to explore the leading Contract Lifecycle Management (CLM) software, used by over 900 organizations around the world every day to make their contracting smoother, quicker, and more efficient.
- [Trends in Post-closing M&A Claims and Earnout Achievement](https://todaysgeneralcounsel.com/product/trends-in-post-closing-ma-claims-and-earnout-achievement/) - This CLE webinar will dive into the latest post-closing M&A claims and earnout achievement.
- [Unlocking the Power of Generative AI in Legal Contract Management](https://todaysgeneralcounsel.com/product/unlocking-the-power-of-generative-ai-in-legal-contract-management/) - This webinar is a unique opportunity to see tactical contract management in action as you discover the innovative capabilities of generative-AI-based CLM software.
- [Data Deletion Jeopardy: Minimizing Risk in a Data-Driven World](https://todaysgeneralcounsel.com/product/data-deletion-jeopardy-minimizing-risk-in-a-data-driven-world/) - Join this webinar, as Exterro explores real-world scenarios and best practices to enhance your data deletion strategies and ensure regulatory compliance.
- [The New HSR Filing Rules: Implications for FTC and DOJ Merger Antitrust Review](https://todaysgeneralcounsel.com/product/the-new-hsr-filing-rules-implications-for-ftc-and-doj-merger-antitrust-review/) - Join this webinar to hear from leading practitioners as they explore the Federal Trade Commission's (FTC) changes to the Hart-Scott-Rodino (HSR) premerger notification form and associated instructions.
- [Streamlining M&A: Trends for Payments and Escrow](https://todaysgeneralcounsel.com/product/streamlining-ma-trends-for-payments-and-escrow/) - This CLE webinar will help keep you abreast of the latest shifts that M&A practitioners need to know.
- [How to Turn Your CLM Investment into a Streamlined Powerhouse](https://todaysgeneralcounsel.com/product/unleashing-magic-turning-your-clm-investment-into-a-streamlined-powerhouse/) - This webinar will cover actionable strategies to optimize existing CLM systems that can bring quick wins and long-term benefits.
- [AI and eDiscovery 2024 Year in Review: Key Trends, Legal Shifts, and What Lies Ahead for 2025 and Beyond](https://todaysgeneralcounsel.com/product/ai-and-ediscovery-2024-year-in-review-key-trends-legal-shifts-and-what-lies-ahead-for-2025-and-beyond/) - This webinar is your guide to understanding the future of AI in eDiscovery.
- [Beyond Legal Holds — Mastering Defensible Data Preservation Across Emerging Digital Platforms](https://todaysgeneralcounsel.com/product/beyond-legal-holds-mastering-defensible-data-preservation-across-emerging-digital-platforms/) - Join this webinar to learn how to implement defensible, comprehensive data preservation strategies that ensure no critical information is overlooked.
- [Accelerate Legal Workflows: Save Thousands of Hours and Cut Costs](https://todaysgeneralcounsel.com/product/accelerate-legal-workflows-save-thousands-of-hours-and-cut-costs/) - In this webinar, discover how workflow automation can help transform your legal operations—boosting speed, organization, and value delivery.
- [Why Automated Data Mapping Is Non-Negotiable – What’s at Stake?](https://todaysgeneralcounsel.com/product/why-automated-data-mapping-is-non-negotiable-whats-at-stake/) - This webinar will dive deep into why automated data mapping is the game-changer your organization needs.
- [From Bottlenecks to Boosted Efficiency: Optimizing Contract Management](https://todaysgeneralcounsel.com/product/from-bottlenecks-to-boosted-efficiency-faster-negotiations-alerts-and-esignatures/) - Whether you struggle with negotiation visibility, approval workflows, or process improvement, this webinar can provide actionable insights to optimize your contract management procedures.
- [Harnessing Generative AI: A New Era for Corporate Counsel](https://todaysgeneralcounsel.com/product/harnessing-generative-ai-a-new-era-for-corporate-counsel/) - Join us for an insightful one-hour webinar designed specifically for corporate counsel, where we delve into the transformative world of Agentic AI.
- [2025 E-Discovery Optimization: Faster Insights with Modern Data Strategies](https://todaysgeneralcounsel.com/product/2025-e-discovery-optimization-faster-insights-with-modern-data-strategies/) - This webinar will delve into how legal teams can streamline the data collection process, a crucial step for expediting the document review stage—the most costly part of e-discovery.
- [2025 Whistleblowing and Incident Management Benchmark](https://todaysgeneralcounsel.com/product/2025-whistleblowing-and-incident-management-benchmark/) - Join this webinar as compliance experts break down the latest benchmarking data and explore best practices for effective hotline management.
- [Sleeping Giant of Privacy, Security & E-Discovery: Data Deletion](https://todaysgeneralcounsel.com/product/sleeping-giant-of-privacy-security-e-discovery-data-deletion/) - This webinar will provide actionable insights and real-world examples, helping privacy professionals, compliance officers, legal teams, and IT leaders understand the game-changing potential of data deletion.
- [The General Counsel Report 2025: The Data Guardian in Chief](https://todaysgeneralcounsel.com/product/the-general-counsel-report-2025-the-data-guardian-in-chief/) - In this webinar, findings from the The General Counsel Report will be shared by the panel as they discuss the top priorities for chief legal officers in 2025.
- [Learn How AI-Driven Contract Intelligence Empowers Legal Departments](https://todaysgeneralcounsel.com/product/learn-how-ai-driven-contract-intelligence-empowers-legal-departments/) - Join this 30-minute webinar to discover how CobbleStone's VISDOM AI delivers contract artificial intelligence for managing ever-increasingly voluminous and complex contract portfolios.
- ["Use AI" - Now What? A General Counsel's Practical Guide to Contract AI Implementation](https://todaysgeneralcounsel.com/product/use-ai-now-what-a-general-counsels-practical-guide-to-contract-ai-implementation/) - Join us for this webinar that shows you how to transform that executive directive into real, actionable solutions. We'll show you exactly how Contract AI can help your legal team deliver on that mandate while solving the problems that keep you up at night.
- [US Data Privacy in 2025: What’s Changed, What’s Coming, and What It Means for You](https://todaysgeneralcounsel.com/product/us-data-privacy-in-2025-whats-changed-whats-coming-and-what-it-means-for-you/) - Join this webinar for the latest insights on US data privacy laws, what’s changed, what are the impacts, what’s next, and how your organization can stay ahead.
- [From Teams to WhatsApp: Mastering Compliance & Discovery in the Modern Communications Era](https://todaysgeneralcounsel.com/product/navigating-todays-regulatory-compliance-discovery-landscape-with-mobile-collaboration-data/) - Join us for an in-depth webinar exploring the latest compliance & discovery challenges, strategies and best practices learned for managing mobile and collaboration data.
- [Using AI to Gain Complete Visibility into Legal Work and Spend](https://todaysgeneralcounsel.com/product/using-ai-to-gain-complete-visibility-into-legal-work-and-spend/) - In this webinar, we’ll explore how legal leaders are solving this problem using AI by transforming fragmented data into the clarity needed to run more efficient teams and make smarter decisions for the business.
- [AI for Legal Teams: Cut Through Contract Chaos and Navigate Complex Business Relationships](https://todaysgeneralcounsel.com/product/mastering-complexity-how-ai-helps-legal-teams-navigate-complex-business-relationships/) - Join this webinar to learn how to analyze and report on contracts faster and more accurately, spotting valuable opportunities and risks in minutes instead of weeks.
- [Cyber Incident Readiness and Response Through a Wider Lens](https://todaysgeneralcounsel.com/product/cyber-incident-readiness-and-response-through-a-wider-lens/) - Join this webinar to learn the breakdown of today’s most sophisticated cyber threats through the lens of defense, legal compliance, and data analysis.
- [GenAI on the Record: Redefining eDiscovery Without Raising Risk](https://todaysgeneralcounsel.com/product/ediscovery-redefined-tech-driven-legal-strategy-for-2025/) - Join this CLE-accredited webinar, where industry leaders will explore how GenAI, cloud-native platforms, and smarter workflows are reshaping the legal landscape in 2025.
- [The Data Domino Effect: Prevent Legal and Compliance Fallout](https://todaysgeneralcounsel.com/product/data-domino-effect-how-a-single-missed-data-point-can-trigger-legal-and-compliance-fallout/) - In this webinar, we’ll examine the Data Domino Effect—how weak data visibility, incomplete data mapping, and fragmented governance can compromise your legal position—and, more importantly, how to prevent it.
- [AI and the Future of eDiscovery: Advances and Impacts for Legal Professionals and the Legal Industry](https://todaysgeneralcounsel.com/product/ai-and-the-future-of-ediscovery-advances-and-impacts-for-legal-professionals-and-the-legal-industry/) - This webinar will explore the latest AI-driven advancements, their practical impact on legal professionals, and what these changes mean for the broader legal industry.
- [Building a Smarter GRC Program: Five Essentials to Elevate Organization Readiness](https://todaysgeneralcounsel.com/product/5-moves-to-accelerate-your-grc-maturity/) - In this expert-led webinar, you’ll learn the five key areas every organization should assess to elevate GRC maturity.

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