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Recent developments of interest to corporate counsel.
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The Critical Crossroads Of Corporate America
The general counsel function is the critical crossroads of corporate America. Even the most skeptical of senior managers and board members evince a growing awareness that the role of the general counsel is crucial and strategic, and not merely technical and subordinate. The question, however, is whether this crossroads can bear the increasing volume and weight of the traffic coming its way.
Three Issues in Law Department Talent Management
A key element to in a successful law department is management of in-house legal talent. By the term 'talent management,' we mean all the methods available to general counsel for training, mentoring, coaching, motivating and directing in-house lawyers. This article, the first in a series of three, is based on consulting projects and research Hildebrandt International has conducted with a number of leading law departments. This article will describe the top three issues law departments have with talent management, and more importantly, will show some of the techniques now employed by general counsel for coping with them. The second part of the series will describe three progressive practices in the arena of talent management, and the series will close with a foray into three controversial practices. Taken together, the series will survey law department talent management ' its major issues, newer practices and difficult decisions.
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Corporate Investigations: Their Hidden Traps ' and How to Avoid Them
This is the first in a two-part series on how to conduct corporate investigations for corporate counsel. Corporate counsel face a myriad of challenges when conducting or overseeing an internal workplace investigation. From ethical issues to potential third-party liability, the pitfalls are everywhere. New responsibilities and risks under Sarbanes-Oxley make the job even more daunting for counsel in publicly held firms. However, with advanced planning, there are ways to conduct a workplace investigation that may prevent it from coming back to haunt you.
Developments of Note
Recent developments in e-commerce law and in the e-commerce industry.
e-Commerce Docket Sheet
Recent court rulings in e-commerce.
Dragnet On the Internet
This article sheds some light on how investigators in one large U.S. city are using technology to fight e-commerce crime.
Features
Taxing The Sale Of Digital Goods In Europe
On July 1, new legislation concerning the application of value-added tax (VAT) to sales of digital goods within the European Union became effective. While the legislation is European, it will have important implications for companies based outside of the EU to the extent that such companies sell digital goods to consumers based in one of the EU countries.
The Importance Of Encryption ' and Planning
The impact of California's new security breach disclosure law ' which requires state agencies and businesses that conduct commerce in California to notify California residents that certain circumstances ' is being carefully monitored by boards of directors, legislators, regulators and other concerned parties nationwide.
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National Litigation Hotline
Cases of importance to your practice.
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MOST POPULAR STORIES
- Understanding the Potential Pitfalls Arising From Participation in Standards BodiesChances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
