EU Data Protection Reforms Update
June 02, 2014
Corporate Counsel would do well to familiarize themselves with the ongoing process of reforms to the EU data protection rules due to their eventual compliance impact and because they constitute more than a simple upgrade to the existing rules.
Predictive Coding and Keyword Search
June 02, 2014
Litigation, investigation, and regulatory requests require in-house counsel to manage multivariate issues (legal and business) to effectively mitigate risk involving threats to reputation, finance, and even survivability. This must all be done within the confines of expedience and cost.
Court Orders Identity of 'Company Doe' Revealed
May 27, 2014
The sealing of the identity of a company that fought to block public access to a consumer safety report was improper, the Fourth Circuit Court of Appeals has held, ordering the disclosure of its name and publication of case documents.
Maximizing Value
May 02, 2014
Directors of a leveraged company should begin to consider the implications of not being able to access traditional debt markets on appropriate terms. This article highlights the initial steps, questions and concerns typically facing a director in this new environment.
M&A Shareholder Litigation
May 02, 2014
One practical aspect of disclosure-only settlements that has received little attention is the practice of providing lengthy individual mailed notice of the disclosure-only settlement to class members, which results in additional (and largely unnecessary) costs that, depending on the number of beneficial owners requiring notice, can exceed tens of thousands of dollars.
How to Reduce Litigation Costs In the EDRM Continuum
May 02, 2014
The amount of data a company generates grows with each passing day. It is important to develop strategies to reduce the amount of data subject to discovery obligations while staying current with legal and technology trends. A strong partnership with a vendor and law firm using sophisticated data review and collection techniques is essential to navigating the discovery minefield in a cost-effective way that is also defensible and fully documented.
How Privileged Are Your Privileged Communications?
April 02, 2014
Corporate counsel may be surprised to learn that, under certain circumstances, plaintiffs in shareholder litigation have gained access to privileged materials upon a showing of "good cause" under the fiduciary exception. This article discusses the basis for the fiduciary exception, the factors involved in the good-cause analysis, and the circumstances under which courts have turned over privileged materials to plaintiffs.
In-House Counsel in The Middle
April 02, 2014
Boards of directors are particularly subject to shareholder and shareholder activist scrutiny where conflicts of interest arise. Although not a particularly "classic" kind of conflict of interest, the conflicted general counsel presents traps for the board of directors.
FTC: Professional Associations' Ethical Codes Restrict Competition
April 02, 2014
On Dec. 16, 2013, the FTC announced consent decrees settling charges that two professional associations, the Music Teachers National Association (MTNA) and the California Association of Legal Support Professionals (CALSPro), had violated Section 5 of the FTC Act by using their respective codes of ethics to restrain competition among association members.
