In his column, Kenneth Cutshaw examines the value of insourcing Ediscovery for legal departments.

This article discusses the use of analytical tools in ethics and compliance governance. In the most sophisticated programs, compliance professionals may be presented with copious detail regarding corporate performance. Learn how to make the most of these well-intentioned systems.

This chart contains common statutes of limitations for all 50 states, expressed in years.

On April 23, 2024, the US Federal Trade Commission voted 3-2 to adopt a sweeping final rule banning the use of non-compete agreements nationwide.

This article provides of an overview of the final rule, which marks an abrupt departure from existing law in many jurisdictions and has drawn almost immediate legal challenges.

This is a sample client contract policy.

This is an outline listing the key drafting considerations for arbitration clauses in international agreements.

Red Vision v. NREIS

The table depicts whether: (1) a party can be indemnified for its own gross negligence; (2) a party can be indemnified for civil fines and penalties; (3) a party can insure for damages assessed because of gross negligence; and (4) a party can insure for civil fines and penalties assessed against it.

This table is not per se specific to any type of liability (e.g., personal injury, death, environmental liability, etc.); however, as noted below, the ability to indemnify or insure for certain liabilities may be limited by statute, public policy, or otherwise in a given jurisdiction. Accordingly, the specific terms of the contractual provision and / or policy, operative facts, and applicable law(s) should be examined in reaching a conclusion regarding enforceability.

Confidentiality in arbitration proceedings can be varied on a global scale. In this article, confidentiality and privacy are clarified during arbitration as a dispute mechanism. This resource was published in November 2018.

This case law is concerning a female employee under federal, state, and city law for gender discrimination, failure to promote, and retaliation, employee moved for sanctions against employer for its failure to preserve backup tapes containing potentially relevant e-mail correspondence of key employees.

This article provides ten practical steps that in-house counsel and HR teams should consider now in order to be prepared for an employment contingency plan regarding Brexit.

Letter from the ABA to the SEC advocating a modification to the Commission’s policy as outlined in the 2001 “Seaboard Report”1

High-profile investigations and arrests are not uncommon under the FCPA and many other anti-corruption laws that are now on books in various jurisdictions in Asia. The largest penalty imposed under the FCPA has been a staggering $800 million against Siemens. The longest prison terms imposed under the FCPA has been 15 years.

As in-house counsel, your specialty is navigating the legal intricacies that underlie your company’s operations. But the savvy attorney should have a working knowledge of the business side, as well. This article explains how understanding strategy, marketing, accounting, financials and management can make your insight even more invaluable.

This is an article on how AI is performing with regard to evaluating employee performance.

Fashion, food, wine and revolution – there
is much to be learned from the French, including tips on how to be a better corporate attorney. Taking a cue from Robert Fulghum’s “All I Really Need to Know I Learned in Kindergarten,” the author discusses lessons that he’s learned as an American lawyer working in-house for a French company.

This article relays the pros and cons of working in a small legal department. The challenges of a varied legal docket may bring excitement; however, dealing with a multiplicity of matters can also result in risk and stress.

Looking back on his own journey through the Cumberland Gap, the author draws a unique parallel between the trials of the early pioneers and a case involving DAD'S Root Beer.

This article discusses steps your Nonprofit can take in order to prevent embezzlement.

This is a sample background check policy.

The in-house journey rarely follows a straight path. Regardless of what lies ahead, remember that a career transition is simply an opportunity to bring visibility to your strengths, and an essential step on the pathway to leadership.

Guidance on Ontario's extra-provincial registration, the license needed to do business in Ontario if a company is incorporated outside the province.

Though the advent of technology assisted review is a blessing to many time-pressed attorneys, some remain hesitant to accept automated methods of reviewing documents.

The author discusses his experience working for a specialty chemical company that went from a state or surplus revenue to declaring bankruptcy.