Feature Articles

 
 
  • 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 2 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 2 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 2 months ago
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  • AI Can Maximize In-house Efficiency

    Artificial intelligence (AI) has the potential to significantly bolster the efficiency of in-house legal departments. Key developments are emerging that will reshape how work is dispersed among inside counsel. One key development is “ROSS,” an outgrowth of...

    • Posted 2 months ago
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  • Using Cloud Technology in M&A Due Diligence

    The rapid pace of M&A increases the pressure on due diligence teams to verify information provided by the seller, arrive at a plausible assessment of value, evaluate the business opportunities presented by integration and identify risks. It...

    • Posted 2 months ago
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  • Cost Comparison for Financing Litigation

    Litigation finance is used by corporations and law firms to pursue litigation, to move cost and risk off balance sheets, and to leverage the captive value of pending litigation to unlock working capital for the business. The...

    • Posted 2 months ago
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  • The Power of Accountability to Achieve Diversity and Inclusion

    Large law firms are the least diverse sector of the legal industry. Diverse teams have been shown to outperform those that are homogeneous, but law firms consistently fail to implement policies or practices that promote it. Law...

    • Posted 2 months ago
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  • Enforcing Unenforceable Contract Provisions in Bankruptcy

    Contracts routinely include anti-assignment and ipso facto provisions, which are typically unenforceable in bankruptcy cases. Such provisions restrict contracting parties from transferring their obligations and rights under the agreement to a third party without obtaining permission. They...

    • Posted 2 months ago
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  • Cost Savings Through “Legal Procurement”

    For many years, GCs and in-house attorneys resisted the influence of legal procurement. Meantime, legal spending for many companies grew as litigation risks increased, government oversight required more detail, and rates increased as major firms competed on...

    • Posted 4 months ago
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  • The Limits of “Sole Discretion” in Contracts

    Companies often enter into contractual relationships that give them “sole” or “absolute” discretion to make strategic business decisions. But in many states a covenant of good faith and fair dealing is implied in every contract, and that...

    • Posted 4 months ago
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