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"What keeps you up at night?" remains a critical question to ask clients, and was among those addressed in a recent paper issued by FTI Consulting and Relativity titled, "The General Counsel Report 2021", released in January. In this robust analysis of research conducted by Ari Kaplan Advisors in late 2020, General Counsel describe their developing and ever-expanding roles, with particular attention paid to new responsibilities focused on business strategy, policy, diversity & inclusion, and technology. The list goes on, to be sure.
With GCs and other business leaders facing such incredible challenges, how do lawyers continue to manage clients' transactional, litigation, compliance and regulatory needs, among others, while simultaneously providing professional, and even personal, support? This level of attention and client dedication, while time consuming, is both appropriate and necessary — and it must be intentional, tailored to each relationship and circumstances.
|A March 2020 Corporate Counsel article highlighted the COVID information fatigue that in-house counsel were already facing — in March — a relatively early phase of this long and tortured global event. (See, "In-House Lawyers to Law Firms: Enough Already With the Coronavirus Webinars.") In this brief, yet highly relevant piece, one source was quoted to say, "only two law firm partners have called". She went on to note that she had received numerous updates on force majeure (and likely other topics), which were most assuredly sent from well-meaning, client-focused firms. [Note that providing such resources is vital and — they are an important part of good, if not great, client service. In fact, many Requests for Proposal (RFPs) for legal services ask firms to include a summary concerning their "Value-Added Services," which anticipates such informative resources, as they should].
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In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.