• What Lawyers Can Learn from Poker Players

    June 02, 2017 |

    Litigation is often compared to chess. The image is evoked of a lawyer strategically developing evidence and making arguments the same way a chess player moves and sacrifices pieces on a chessboard, to defeat an opponent. But ask any trial lawyer, and he or she will tell you that litigation is nothi

  • Using Computer Forensics to Investigate Employee Data Theft

    May 02, 2017 |

    Departing employees have a sense of ownership over the data that they copy. Intellectual property commonly stolen includes customer lists, secret formulas, source code, strategy documents and other trade secrets. The information is often used against the organization when the former employee goes to

  • New Data Types in the App Age

    May 02, 2017 |

    While the threat of "big data" has cast a shadow over IT and legal departments for several years, the real challenge can often be the variety. The authors believe the real challenge is less about "big data" and more about "new data types" — that quickly defeat traditional collection and review tools

  • Finding the Right Outside Counsel for Your Company

    May 02, 2017 |

    Smart Strategies

    In today's challenging, competitive business environment, finding qualified outside counsel with the right fee structures is a top priority for corporate counsel. This article presents some practical guidance to help corporate counsel achieve this goal.

  • Cross-Border Litigation

    May 02, 2017 |

    The Devil in the Details

    Globalization has created new challenges for companies threatened by, or embroiled in, cross-border litigation. Assets and evidence, in the form of witnesses and documents, may be spread across multiple countries and legal systems. Judicial attitudes and pro

  • The Scope of the Dodd-Frank's Whistleblower Protection

    May 02, 2017 |

    Is a corporate employee who reports an employer's possible violation of the securities laws to a supervisor or internal compliance officer — but not to the SEC — considered a "whistleblower" entitled to protection from retaliation under Dodd-Frank? Courts that have considered this question have reac

  • Are Pharmacy Benefit Managers' Cost-Containment Claims a Shell Game?

    April 02, 2017 |

    In today's political climate, one of the hottest topics is the rising cost of healthcare and drugs. Following the last election, all industries should anticipate change, especially in healthcare. While much of the focus is currently on whether the Affordable Care Act will be repealed, one of the are

  • Quarterly State Compliance Review

    April 02, 2017 |

    This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that recently went into effect, and looks at some recent decisions of interest from courts in Delaware, New York, and California.

  • User Behavior Analytics and Your Company's Data

    April 02, 2017 |

    While cybersecurity spending at many organizations still tends to focus on perimeter defenses, security experts have begun to face the reality that it is nearly impossible to keep bad actors out of your network, and are turning their attention to better ways of mitigating threats posed by intruders

  • Director Independence to Consider Pre-Suit Demand

    April 02, 2017 |

    In a decision written by Chief Justice Leo E. Strine Jr., for the second time in 15 months, the Delaware Supreme Court reversed a Court of Chancery decision dismissing a derivative complaint for failure to plead demand excusal.

  • The GDPR

    April 02, 2017 |

    Considerations for Corporate Counsel and Discovery Teams

    With the EU's General Data Protection Regulation (GDPR) set to take effect in May 2018, the serious implications for corporate legal counsel and e-discovery teams are difficult to deny.