Inside/Outside Attorneys Often Not on the Same Page

The International Association of Defense Counsel recently released its 2016 Inside/Outside Counsel Relationship Survey. The survey found major differences in how inside and outside […]

Two Governance Studies Confirm Expanded Role for General Counsel

Within the space of less than one month in 2016, two important commentaries on corporate governance were released by two constituent groups. Both propose […]

Changing Rules for Foreign Arbitral Awards

Counsel charged with prosecuting or defending against actions involving foreign arbitral awards should be aware of rapidly evolving rule changes that may define foreign […]

Consumer Agency Rule Would End Class Action Waivers

In May, the Consumer Financial Protection Board announced a proposed rule prohibiting providers from using a pre-dispute arbitration agreement to block consumer class actions […]

One Year After the Yates Memorandum

In September, 2015, the U.S. Department of Justice issued a policy directive dubbed the “Yates Memorandum,” in reference to its author, Deputy Attorney General […]

Self-Certifying Under the EU-U.S. Privacy Shield

The European Union formally adopted the EU-U.S. Privacy Shield in July 2016, and by late September about 275 companies had active Privacy Shield certifications. […]

Standing in Data Breach Cases

Many data breach and cybersecurity cases have faltered for failure to establish concrete harm necessary to support standing when personally identifiable information has been […]

Protection Before and After a Data Breach

With increased action by attorneys general and other regulators, as well as evolving case law, companies cannot afford to ignore the risk of litigation […]

Patent or Trade Secret?

In recent years patent law has undergone drastic change, but trade secret law has also changed substantially. The enactment of the Defend Trade Secrets […]

Why Emojis Matter in E-Discovery

Emojis are graphical icons or images used to express concepts, such as an idea or an emotion, that can be used in online communication. […]