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Corporate Counsel


In-depth looks into topics relevant to you. Find all of the Corporate Counsel Committee’s articles in this archive.


Crypto, Part III: Securing Interests in Digital Assets—The Proposed UCC Article 12
By Steven Aquino – May 23, 2023
Newly proposed amendments to the UCC seek to provide a bit of legal certainty in an environment of doubt.

Steps to Success in International Joint Ventures
By Vilena Nicolet and Jonathon Gunn – May 23, 2023
International joint ventures involve a nuanced interplay of personal, cultural, commercial, and legal factors.

The Vanishing Safety Zone: DOJ Withdraws Long-Established Healthcare and Information-Sharing Guidelines
By Allison Reimann, Sean Bosack, Christie Carrino, and Emily Fons – May 23, 2023
The DOJ withdrew policy statements that have provided key antitrust enforcement guidance in the healthcare industry.  

Five ESG Assumptions That Deserve a Closer Look
By David Adeleye, Scott Chinn, Julian Harrell, and Walé Oriola – January 20, 2023
With fast-paced changes affecting environmental, social, and governance developments, developing ESG strategy is more nuanced than ever.

Crypto, Part II: What’s the Use of the Blockchain? Leveraging New Technology to Disrupt the Legal World
By Steven Aquino – January 20, 2023
The blockchain has the potential to disrupt processes in all areas of our lives—and the legal world is no exception.

Litigation or Arbitration? Seven Factors to Consider
By Susan Leader, Ali Rabbani, and Sophie Mancall-Bitel – January 20, 2023
While there are myriad benefits to arbitration, there can also be some drawbacks. Attorneys should be aware of these considerations.


Improper Texting During Remote Testimony Can Result in Significant Consequences to Litigants and Lawyers
By Traci McKee and Lexi Fuson  – July 1, 2022
The advent of remote depositions has introduced innovative new methods of witness tampering for the virtual age.

Crypto, Part I: Regulating the Decentralized Universe of Cryptocurrencies
By Steven Aquino  – July 1, 2022
The first of this multipart series covers some of the basics of cryptocurrency, including its regulation.

Avoiding Disputes in JVs and Partnerships: Where Dealmakers Can Help
By James Bamford, Tracy Branding Pyle, and Lois Fernandes D’Costa  – July 1, 2022
Far too few joint ventures and partnerships include contractual terms and governance practice that help avoid disputes before they happen.


Young Attorneys' Takeaways on Remote and In-Person Work Post-COVID-19
By Erica Abshez Moran and Elie C. Biel – December 20, 2021
There is no one-size-fits-all model for employers to follow as we transition into a post-COVID-19 world.

The Rules of Professional Conduct Apply to In-House Lawyers
By Neil J. Wertlieb – December 20, 2021
An examination of several familiar topics of legal ethics and how they apply to the in-house lawyer.

Resolving FCA Investigations and Qui Tam Actions: Cooperation Credit and Settlement Considerations
By Sean Bosack and Nina Beck – December 20, 2021
It is important to consider the benefits and potential pitfalls of cooperating with the government and settling FCA claims.

Getting to "Void": An Insurer's Guide for Defending Lawsuits Filed by Fraudsters
By Sandra K. Jones and Jessica E. Loesing – December 20, 2021
Working with outside counsel to employ an offensive strategy from the outset of the litigation can help avoid bad results.  

DOJ Turns Up Heat on No-Poach and Wage-Fixing Agreements
By Allison Reimann, Nina Beck, and Paul Covaleski – April 15, 2021
Employers must exercise extreme caution when discussing wages and hiring practices with competitors.

COVID-19: An Employer's Role in Vaccination
By Margaret R. Kurlinski – April 15, 2021
It is advisable for employers to communicate with their workforce on their proposed strategy and expectations with respect to vaccinations.

"Meatspace," Cyberspace, and Personal Jurisdiction
By David Coale – April 15, 2021
Cyberpunk fiction often calls the physical world "meatspace," as distinct from the online world of cyberspace. Litigation does not observe that distinction.

Consumer Data Privacy Act Introduced in Minnesota
By Michael S. Mather and Aidan Zielske – April 15, 2021
If passed, Minnesota will become the latest state to enact comprehensive legislation aimed at protecting the collection, storage, use, and dissemination of consumer data.

Protecting Sensitive Forensic Reports: Applying Attorney-Client Privilege and the Work Product Doctrine
By Al Saikali – April 15, 2021
Will the application of privilege or work product to cybersecurity information remain, or will it be completely eviscerated?


Federal Appellate Courts Provide Needed Guidance on Removal to Federal Court
By Allison W. Reimann and Deborah Machalow – September 1, 2020
The question is whether a home-state defendant who has not yet been served is permitted to remove.

Qui Tam Actions: Managing Risk in the Wake of COVID-19
By Sean Bosack and Nina Beck – September 1, 2020
Conditions will be ripe for a new wave of qui tam actions related to COVID-19 relief funds.

When the Levee Breaks: Preparing for a Flood of Trade Secret Litigation
By Chris Patton – September 1, 2020
It's no exaggeration to say that the COVID-19 crisis also could be the trade secret crisis of a generation.

Landmark Supreme Court LGBTQ Ruling Also Presages Some Limits on Protections
By William E. Weinberger – June 23, 2020
The case extends needed protections against firing based on sexual orientation or gender identity, but leaves questions about other protections.

Internal Investigations: Outsourcing (Part 2 of 3)
By Elizabeth S. Fenton, John Levitske, Michelle N. Lipkowitz, and Mark A. McGrath – April 30, 2020
The decision about whether to outsource an internal investigation can have lasting consequences.

Civil Investigative Demands in FCA Investigations
By Sean Bosack, Nina Beck, and Allison Reimann – April 30, 2020
An introduction to CIDs, and strategies for response.

Protecting Information Provided to the Government
By John Adams and Paulette Miniter – April 30, 2020
When the government asks for privileged information, it's a rock and a hard place for in-house counsel.

Insurance Coverage in the Time of COVID-19
By Joseph M. Saka – April 22, 2020
Using insurance to mitigate losses and liabilities resulting from coronavirus.


Internal Investigations: An Introduction (Part 1 of 3)
By Elizabeth S. Fenton, John Levitske, Michelle N. Lipkowitz, and Mark A. McGrath – December 9, 2019
What kind of concerns lead to internal investigations, how a business identifies such concerns, and whether an internal investigation is appropriate.

Combating the Opioid Epidemic with the False Claims Act
By Sean Bosack and Nina Beck – December 9, 2019
The DOJ is getting more creative.

Ride-Sharing Risks for Your Company and Employees
By Brian Mahon – December 9, 2019
Are there any sources of insurance recovery for riders using ride-sharing apps?

The Trusted Legal Adviser
By Christopher Lange – December 9, 2019
A trusted legal adviser is essential to running a profitable business.

How to Manage Cyber Risks with Insurance
By Joseph M. Saka – January 24, 2019
When it comes to data breaches, the truism is that it’s not a question of if but when.

Kimberly-Clark: Integrity Culture and Performance Metrics
By Jeff Melucci and Kurt Drake – January 24, 2019
K-C employees describe how the company drives an integrity culture through company-wide performance metrics. 

A Practical Framework for Preventing, Detecting, and Responding to Cyber Threats
By Andrew Kim and Tejas Shah – January 24, 2019
No matter how well you protect yourself, you must still be prepared for the inevitable. 

A Corporate Compliance Framework for Sexual Misconduct Prevention
By Nicole Y. Lamb-Hale – January 24, 2019
Making prevention of sexual misconduct a top priority will mitigate organizational risk. 



Effective Nondisclosure Agreements: The Basics
By Taylor Brown – December 6, 2017
An effective NDA provides comfort when two parties need to exchange information that could otherwise put them at a serious disadvantage if disclosed.

Virtual Warehouses and Potential Assertion of Article 7 Liens
By R. Stephen McNeill – December 6, 2017
Cloud storage vendors can be considered warehouses under article 7 because they store a customer’s goods for hire.

Ransomware: An Ounce of Information Security or a Bitcoin of Cure
By Sid Bose – December 6, 2017
The principled philosophy of "never negotiate with terrorists" sometimes has to yield to pragmatic concessions.

Tips for Ensuring That Your Client’s Trade Secret Security Measures Are Reasonable under the Circumstances
By Daniel Kaufmann – November 6, 2017
Courts often look to indicators such as restricted physical and electronic access, the use of nondisclosure agreements, and clear markings indicating a document’s secrecy or confidentiality to guide their inquiry.

Patent Litigation in an Undermanned District of Delaware after TC Heartland
By Alan R. Silverstein and Stephanie E. O’Byrne – July 19, 2017
The District of Delaware has long been a hotbed for intellectual property litigation.

The Impact of Electronic Communications on Contract Modifications
By Annie P. Kubic – July 19, 2017
The proliferation of modern messaging applications has created opportunities for parties to claim contract modifications in situations where, historically, such arguments would have been summarily precluded.

How Designation of Expert Witnesses Can Make or Break Privilege
By Daniel Barsky – May 1, 2017
Tips to avoid having to disclose critical trial strategy to your opponent.

On Balance: The “Amount in Controversy” Factor in a Proportionality Analysis
By Julia M. Nahigian – May 1, 2017
How quantifying damages may offset burden or expense of discovery sought.

Advising Companies as an In-House Antitrust and Competition Lawyer
By Creighton Macy and Matthew Bester – March 15, 2017
An interview between a former chief of staff and senior counsel of the U.S. Department of Justice Antitrust Division, and Accenture’s director of competition law and former Antitrust Division trial attorney.

Confidential Witness Allegations in Securities Fraud Litigation
By Heather Speers – March 15, 2017
A recanting confidential witness may result in a complete dismissal of the complaint, as well as sanctions against counsel.

Triggering Insurance Coverage for Success in Commercial Litigation
By Susan Schellinger – January 19, 2017
Learn how to “plead to coverage” to ensure the best chances of a monetary recovery.

Dawn of a New Age: Trade-Based Money Laundering Enforcement
By William Ezzell and Scott A. Stringer – February 14, 2017
Currency is rarely used nowadays—rather, a significant portion now involves the international trade of goods and services.


Defend Trade Secrets Act: Filing Considerations in Trade Secret Actions
By Stephanie E. O'Byrne – December 8, 2016
An update on where things stand with trade secret misappropriation cases six months following the passage of the Defend Trade Secrets Act.

Practice Tips for Navigating Joint Defense Agreements in a Post–Yates Memo World
By William Drake – December 8, 2016
A summary of considerations counsel must make when entering into joint defense agreements following the DOJ's issuance of the Yates Memo.

The Next Big Hacking Target: Law Firms
By Steven S. McNew and Preston Fischer – December 8, 2016
A guide to considerations lawyers and law firms should make to protect against cyber attacks.

The Death of Merger Litigation?
By Donald H. Tucker Jr. and Clifton L. Brinson – August 8, 2016
Recent Delaware decisions and novel corporate bylaws may rein in—but won't eliminate—merger lawsuits.

Using Section 337 to Reduce Unfair Competition Once and for All
By Steven E. Adkins – July 20, 2016
No more whack-a-mole.

Data Breach Litigation Across the Atlantic
By Steven Rubin and Stephen Milne – July 20, 2016
Requirements and guidelines on either side of the ocean create competing rules and policies.

Creating an Inclusive Workplace for LGBT Employees
By Elizabeth Joiner and Angelique Lyons – July 20, 2016
The courts and the EEOC have provided examples of scenarios that may be considered gender identity or sexual orientation discrimination.

Incorporating Social Media into Your Data Collection and Retention Policies
By Ashley A. Smith – February 16, 2016
Businesses must be prepared to collect data from sources other than their own servers.

Employer Anti-Poaching Agreements: A Tale of Disney Legal Troubles
By Jeana Goosmann – February 16, 2016
A look at the implications for employee contracts, recruitment, internal records, and litigation costs.

The Role of In-House Counsel in the Sound Administration of Justice
By Frédéric Pérodeau – February 16, 2016
How in-house counsel can promote judicial efficiency and accessibility.


Keys to Compliance: Practical Antitrust Issues Involving Trade Associations
By Matthew J. Bester and Creighton J. Macy – November 5, 2015
A guide to antitrust issues, concerns, and considerations to be addressed before an executive in your company attends a trade association meeting.

How Lawyers Can Be the Most Effective Advocates in a Mediation
By Leslie A. Berkoff – May 26, 2015
The proper steps to help best prepare the mediator, the other side, and your client for the process.

Whether to Opt Out of Antitrust Class Actions: A Four-Step Checklist
By Charles H. Samel and Cori Gordon Moore – May 26, 2015
What is your company's process for deciding whether to opt out of antitrust class actions?

New York Lawmakers Agree on a 10-Year Extension of Brownfield Law
By Steven C. Russo and Robert M. Rosenthal – May 26, 2015
Despite the revisions, the New York BCP will continue to provide significant tax incentives to developers seeking to clean up and redevelop contaminated sites.


In-House Attorney-Client Privilege in the Wake of Crimson Trace
By Bruce Rubin and KC Harding – August 12, 2014
When the relationship between inside and outside counsel sours, courts have struggled to define which law-firm communications are discoverable by clients.

Federal Removal More Difficult in Actions Brought by State Attorneys General
By Loriann E. Fuhrer – August 12, 2014
The Supreme Court's decision in Mississippi ex rel. Hood v. AU Optronics Corp. has both immediate and potentially far-reaching, indirect effects.

Effective Discovery Strategies in Class-Action Litigation
By David R. Singh and Gaspard Curioni – May 26, 2014
Lay the foundation for timely, fair, and cost-efficient resolution of a putative class action.

Strategies for Removal under the Class Action Fairness Act
By Wystan Ackerman – May 26, 2014
Removal to federal court under CAFA requires swift action.

Navigating CAFA Removal and Remand Strategies
By Jennifer L. Gray – May 26, 2014
Decisions concerning removal and remand under CAFA have exhibited an interesting dichotomy.

A Brief Guide to Removal
By Matthew M.K. Stein – May 26, 2014
Removing a case to federal court is a technical and detail-oriented process.

Obtaining Witnesses' Statements in Internal Investigations of Misconduct
By Gerald Morales – April 14, 2014
What to do when an employee witness does not want to get involved.

Poor Data Management, Obsolete Technology Hinder Financial Crisis Resolution
By David Canfield – March 18, 2014
A snowball effect of ever-increasing delays.

Liability for Banks for Payday Lending: Risks to Consider
By Kevin F. Meade – March 18, 2014
Banks acting as ODFIs should be aware of the increased risk and scrutiny they will face.

The California AG's Fight Against Mortgage-Backed Securities
By David R. Singh and Jessica K. Mohr – March 18, 2014
California's new task force sets its sights on financial institutions.

Can an HOA "Super-Priority" Lien Extinguish a Lender's Deed?
By Robin E. Perkins – March 18, 2014
Nevada awaits the answer.


Mark Califano of American Express Answers All Our Questions
By Zachary G. Newman – December 11, 2013
And for only 25,000 membership rewards points.

The Rise of Alternative Fee Arrangements
By Darren VanPuymbrouck and Joshua Kurtzman – December 11, 2013
Law firms that adapt will thrive, and those that do not will perish.

Litigation Ethics: Representing Corporations and Other Organizational Clients, Part 1 of 3
By Kenneth R. Berman – December 11, 2013
Lawyers who represent corporations practice in an ethics minefield.

Swipe, Type, Download, Track, and Discriminate: A Look at Big Data
By Erika L. Glenn – December 11, 2013
Big data is a big area for litigators to monitor.

BYOD Policies: A Litigation Perspective
By Andrew Hinkes – July 8, 2013
Increased flexibility demands increased security when it comes to mobile devices.

Comcast Corp. v. Behrend: Plot Twists and a Surprise Ending
By David R. Singh and Alison Bain-Lucey – July 8, 2013
The highly anticipated decision breaks little new ground.

Supreme Court Limits ATS Litigation—But Door Remains Slightly Ajar
By William B. Panlilio and Laurie Strauch Weiss – July 8, 2013
Some Alien Tort Statute cases that survive Kiobel will be the subject of continued litigation—and corporations remain likely targets.

Corporate Governance: M&A Legal Fee Awards and Proxy Strike Suits
By Koji F. Fukumura and Peter M. Adams – July 8, 2013
Given the large stakes and compressed timeline of challenged deals, M&A class actions place defendant-companies on the horns of a dilemma.

The Increasing Popularity and Utility of Mediation
By Zachary G. Newman and Yoon-jee Kim – February 13, 2013
Corporate clients and their counsel have many alternative dispute resolution methods at their disposal.

Corporate Counsel Spotlight: Gary Armstead II
By Windy Bitzer – February 13, 2013
Insights from associate general counsel for ARCADIS US.

A Guide to Partnering with Outside Litigation Counsel
By Harry Payton – February 13, 2013
Fundamental guidelines for in-house counsel when litigation strikes.

A Look at the EEOC's Recent Guidance on Background Checks
By Andrée Peart Laney – February 13, 2013
Can banks exclude based on convictions?


Valuing Litigation: Perspectives on AFAs and Collaboration
By Alex Starkovich – October 11, 2012
The economic downturn has changed the way companies look at legal fees.

Can Predictive Coding Save the World?
By Mike Flanagan – September 27, 2012
The technology is powerful, but the human element is still required.

Winning the "Battle of the Experts" While Keeping Fees under Control
By Lynn S. McCreary and David R. Singh – September 27, 2012
Expert witnesses and their significant compensation are a fact of modern litigation.

Cutting Litigation Costs Without Compromising Results
By Olivier A. Taillieu – September 27, 2012
A young lawyer can take several practical steps to save clients money.

Hot Topics and Recent Court Decisions in E-Discovery
By Zachary G. Newman – June 20, 2012
Courts are becoming increasingly progressive in dealing with ESI.

CDOs: Bankruptcy-Remote, Not Bankruptcy-Proof
By Adam Lavine and Sunny Thompson – June 20, 2012
In-house counsel should always keep the risk of an involuntary filing in mind.

In-House Litigator Spotlight
By Editors – June 20, 2012
The committee editors interview Denise Zemore, associate general counsel at UnitedHealthcare.

The Trial of the Hidden Agenda: Part II
By T. Ray Guy – June 20, 2012
Evidence suggesting an unstated motive is a powerful tool of persuasion.

Working With Forensic Accountants to Control Litigation Costs
By Don R. Bays – March 29, 2012
Use the "phase" approach to keep your costs from spiraling out of control.

The Trial of the Hidden Agenda: Part I
By T. Ray Guy – February 8, 2012
There are several similarities between the concept of "motive" in criminal law and the "hidden agenda" in civil litigation.

Tuning In with Bob Donohoo, RadioShack’s General Counsel
By Zachary Newman – February 8, 2012
Donahoo’s responsibilities include legal oversight over the nearly 7,200 retail locations internationally that offer electronic products, accessories, and services.

Using Experts to Expedite Document Review
By Amy Romo-Loomis and Holly Dixon – February 8, 2012
With electronic discovery and document review playing a significant role in litigation, the search for a more efficient and cost-effective approach to controlling cost and managing cases is paramount.

Enterprise Risk Management: Making It Count
By Carolyn Rosenberg and Carl Krasik – February 8, 2012
While many in the marketplace may be talking about ERM, organizations that confront the challenges will have a good story to tell, both internally and externally.


Practice Tips for Dealing with Brand Misuse in Social Media
By Olivier Taillieu and Raffi Zerounian – September 27, 2011
Social media's prevalence has altered the manner in which consumers view and make use of brands.

Coverage Preservation vs. Privilege Protection: Two Horns of a Dilemma?
By John Buchanan and Wendy Feng – September 6, 2011
The tension between litigation defense and insurance pursuit can create a frustrating dilemma.

AT&T Mobility's Impact on Employers' Arbitration Agreements
By Andrée P. Laney – September 6, 2011
AT&T Mobility demonstrates that employees are legally empowered to bring claims to vindicate their rights.

Asserting and Defending Class Actions in Bankruptcy
By Angela C. Zambrano and Margaret Hope Allen – September 6, 2011
Claimants in a bankruptcy must file proofs of claim to participate in a reorganization and obtain any consideration from the estate.

In-House Spotlight: All Things In-House at the Auction House
By Zachary G. Newman – September 6, 2011
Jonathan Olsoff, worldwide director of litigation at Sotheby's and leader in the auction world, discusses his in-house practice.

Alternative Fee Arrangements as an Alternative Billing Model
By Olivier A. Taillieu – July 27, 2011
New innovations in hourly billing do not always address the core issues that are more ably addressed by alternative fee arrangements.

Supreme Court Denies Class Certification in Wal-Mart Case
By Mercedes Colwin, Diane Krebs, and Brooke A. Schneider – July 27, 2011
The United States Supreme Court overturned the Ninth Circuit's decision to grant class certification to nearly 1.5 million female Wal-Mart employees.

Preventing a Runaway Arbitration with a Well-Drafted Arbitration Clause
By Patricia C. O'Prey and Gilda R. Turitz – June 14, 2011
In-house counsel are uniquely positioned to prevent a runaway arbitration by taking steps to shape the process for a future unknown dispute before it arises.

The Restatement (Third) of the U.S. Law of International Commercial Arbitration in Context
By Steve Y. Koh, Jared D. Hager, and Jeremy L. Ross – January 27, 2011
The Restatement promises to assist in understanding the complexities of international arbitration.