Law Firm CMOs
November 02, 2014
Much of the staff alignment in an organizational chart is predicated on the particular styles, strengths, and weaknesses of its leadership, not on some universally accepted top-down box managerial arrangement. Despite this, the author feels increasingly compelled to endorse alignment of the CMO/CBDO with the COO, not the Managing Partner.
Practice Tip: Use TACT
November 02, 2014
Much to the chagrin of class action litigation proponents, the expansive reach of mandatory arbitration has gained a strong foothold in recent years, due to the overwhelmingly pro-arbitration precedent established by the Supreme Court in its <I>Concepcion</I> and <I>Italian Colors</I> decisions, which express a clear federal policy in favor of enforcing class action waivers contained in arbitration agreements.
The Calm Before The Storm Is the Time to Consider Insurance Coverage
November 02, 2014
In Part One of this article, we discussed the fact that, although there were no major hurricanes in 2013, the calm before the next storm is an opportune time for a company to consider the adequacy of its insurance program. We discuss more considerations herein.
Full Disclosure Necessary for Patent Applicants
November 02, 2014
On Sept. 26, 2014, the Federal Circuit issued its opinion in <i>American Calcar, Inc. v. American Honda Motor Co.</i> Judges Prost and Wallach affirmed the decision of the U.S. District Court for the Southern District of California that three American Calcar patents were unenforceable due to inequitable conduct. Judge Newman filed a strongly worded dissent.
Do We Need #consent?
November 02, 2014
Marketers have found that authentic and meaningful engagement with consumers on Twitter can have a lasting impact.
Global Corruption Enforcement
November 02, 2014
This article discusses the benefits of embedding compliance doctrine within operations, and how businesses could market integrity and compliance to gain a competitive advantage.
States Keep Changing the Marijuana Laws
November 02, 2014
Despite legalization in several states, marijuana use remains illegal for both medical and recreational purposes under federal law, and many companies continue to maintain "zero tolerance" policies with respect to employee marijuana use.
Don't Be Afraid of Cybersecurity Information Sharing
November 02, 2014
Recent government action has shown that the White House and Congress are keenly aware of the potential data security benefits of robust information sharing between and among the private sector and the government. In recent years, information sharing bills have been introduced regularly in both the Senate and the House in an effort to encourage the flow of cyberthreat data between the private sector and the government.
Extraterritoriality and Whistleblower Retaliation
November 02, 2014
Though whistleblower protection statutes take many forms, the frameworks for determining liability are really quite similar. However, can overseas whistleblowers avail themselves of United States whistleblower protection laws?
When Information Governance and Data Privacy Collide
November 02, 2014
The so-called "Big Data" problem has caused many organizations to breathe new life into their record-retention programs. As a result, more multinational corporations are moving to the cloud as a cost-savings mechanism for everything from e-mail to database storage and document creation. This all sounds like a great first step. But what happens when what makes the most business sense might actually be putting the company at risk?
