In House

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Don't Allow 'Rambo' Attorneys to Rule the Courtroom

By Ronald L. Hicks |

"Real heroes don't die, they just reload."

Is Your Company's Confidential Data Secure? A Quick Check

By John W. Chapas II |

Every company likes to believe its confidential and sensitive data is secure. Unfortunately, for many organizations, this belief is simply a myth. The methods and technology by which people steal confidential information are constantly getting more and more sophisticated. An organization needs to constantly adapt to combat these evolving threats. Failure to have good information-technology security and the proper safeguards can lead to liability, bad publicity and dismissals for the people in charge of IT, including in senior management.

U.S. Department of Justice

Cooperating With the DOJ Amid Its Significant Policy Shift

By Michael P. Kelly |

A significant policy shift by the U.S. Department of Justice has produced both questions and dilemmas for companies trying to limit their potential exposure to criminal charges and substantial criminal fines. The change has redefined what it means to "cooperate" with the Justice Department in a criminal investigation. Cooperation, of course, is one of the key factors that the DOJ uses in deciding whether to bring criminal charges against corporations for violations of federal law, and how large a penalty to seek from corporations.

Proposed Appellate Word Limits Emphasize Need for Planning

By David J. Bird |

Most general counsel and in-house lawyers do not pay close attention to proposals to amend the Federal Rules of Appellate Procedure.

Addressing Data Seizure, Policy Management in US and Europe

By Kristoph Gustovich and Joe Schwarze |

The growing differences on data privacy between the United States and Europe are turning the subject into a highly politicized matter that is affecting corporations at every level, and in particular the office of the general counsel. Whether you consider former National Security Agency contractor Edward Snowden a hero, a traitor, a patriot or a whistleblower, he has permanently changed the information privacy landscape. His revelations have opened the public’s eyes to one of the hottest topics in the information privacy landscape: data seizure.

What Corporations Can Learn From the Clinton Controversy

By Carolyn Casey |

For those organizations that haven't yet had a wake-up call about "bring your own device," or BYOD, the recent fallout from Hillary Clinton's use of a personal rather than an official email account during her tenure as secretary of State can be especially instructive.

Religion, Holidays and Days Off in the Global Workplace

By Robbin Hutton and Kathryn W. Pascover |

Are companies legally required to allow employees to take time off for big holidays, even if there's a backlog of work?

Three Ways to Avoid Public Fights With Departing Executives

By Debbie L. Berman |

Imagine that a company hires a new chief executive. In the excitement of bringing in a new face, the company focuses only on the new CEO’s salary and benefits. It does not contemplate, let alone address with the CEO, what happens if the relationship does not work out. Then, after a period of poor financial performance by the company, the board decides to terminate the executive. Upset, the ousted chief decides not to go quietly and instead turns to the press for support. The parties wage a battle in the headlines—a venue where, usually, no one comes out a winner. The battle then spills over into litigation, which can include charges of defamation or wrongful termination.