Feature Articles

 
 
  • Summary Disposition in Arbitration

    When we ask in-house counsel to explain why their companies don’t use arbitration clauses, the answer frequently includes the assertion that “you can’t get summary judgment in arbitration.” That has been true historically, but it is changing....

    • Posted 2 months ago
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  • Mandatory Arbitration Isn’t Always Mandatory in Canada

    Consumer protection laws vary from province to province in Canada. They limit and, in some cases, void mandatory arbitration clauses in order to preserve a consumer’s right to have a claim decided by the courts, typically by...

    • Posted 2 months ago
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  • Hidden Legal Risk of Open Source Software

    As much as half the code used in all software is comprised of open source software (OSS). Open source components are, by definition, free and available for anyone to use; but there are limitations, including licensing obligations...

    • Posted 2 months ago
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  • Recent Developments in Class Action Law

    The two most important unresolved issues in class actions are the standard by which plaintiffs must show an ascertainable class before a lawsuit can be certified for class treatment, and whether a class can be certified if...

    • Posted 2 months ago
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  • A Different Kind of Takeover

    Typically, clients are looking for the quickest and least expensive resolution of a case, and that frequently means an early settlement or dispositive motion. However, often the early settlement effort ends in an impasse and the motion...

    • Posted 2 months ago
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  • A Way for General Counsel to Drive Shareholder Value

    Progressive general counsel have adopted the view that their goal is the same as that of the CEO or CMO: to drive shareholder value. This is not simply a new way of managing the law department, but...

    • Posted 2 months ago
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  • Transfer Pricing Is Big Tax Risk for Multinationals

    Transfer pricing is a complex area of tax risk affecting multinational groups. It is a major focus for local tax administrations and supranational bodies. Non-compliance can affect reputation and result in significant financial liabilities in the form...

    • Posted 2 months ago
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  • Message-Managing in a Crisis: Lessons from a PR Disaster

    Corporations and other large organizations are smart to establish their own virtual “Situation Room” response teams, who swing into action following an unwelcome event. United Airlines’ crisis response to the spectacle of their bloodied passenger, Dr. David...

    • Posted 4 months ago
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  • Conducting Privileged Internal Investigations

    In-house attorneys receiving a whistleblower complaint, government inquiry or other alert must decide whether and how to conduct an internal investigation. If they choose to do it in-house, they must manage many complex issues to ensure that...

    • Posted 4 months ago
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  • Using Digital Tools in Litigation

    The author describes a technologically enabled deposition he took, in which he sat behind a command station of computer displays plugged into his MacBook Pro, which was loaded with a deposition outline, the expert’s thousands of pages...

    • Posted 4 months ago
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