Three Issues in Law Department Talent Management
September 22, 2003
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.
Corporate Investigations: Their Hidden Traps ' and How to Avoid Them
September 22, 2003
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.
The Survey Says...
September 01, 2003
Preliminary results from our legal spending survey shows general counsel balancing an increased need for outside counsel with pressure to reduce costs.
Courts Turn Up Corporate Heat
September 01, 2003
The highly publicized accounting scandals at Enron, WorldCom and other large corporations have prompted a concerted legislative and regulatory response from Congress, the Securities and Exchange Commission (SEC), and the national securities exchanges. While there has been little in the way of legislative reaction at the state level, several recent court decisions reflect that state corporate law is not immune from the impact of these scandals. Using existing judicial doctrine, but applying it in a fashion that appears to indicate an increasing toughness with respect to corporate directors and officers who do not live up to their obligations, the judiciary has turned up the heat on corporate fiduciaries.
Hotline
September 01, 2003
Recent developments of interest to corporate counsel.
What Not to Do in ADA Cases
September 01, 2003
A recent case in the Federal District Court for the District of Maine offers in-house counsel and others providing employment law advice to corporate clients with a lesson in what not to do when faced with an employee suffering from a mental health disability and seeking leave for hospitalization as an accommodation.
Talent Management: Three Controversial Practices Debated
September 01, 2003
Making the most of your law department talent calls for the utmost in managerial ability. This series has offered some ideas for how to do so. This article discusses three controversial practices: forced rankings, telecommuting and job sharing.
Hotline
August 19, 2003
Recent developments of interest to corporate counsel.
Litigation Traps in Purchasing a Business
August 19, 2003
When prospective purchasers of businesses don't perform a thorough due diligence on the sellers, the result can be unneeded and protracted litigation. Due diligence should include investigation into trade secrets, other potential purchasers, covenants not to compete, seller's liabilities and insurance coverage. The purchaser should consider all 'what ifs' including claims and remedies during the due diligence period. What if the seller defaults? What if the seller breaches the representations and warranties? What if the seller violates the covenant not to compete? What if the seller discloses or has already disclosed to others acquired trade secret information? Paying too much too early to a seller without substantial assets or sufficient holdbacks are red flags. In the event of a seller's breach and purchaser's lawsuit, any resulting judgment may be uncollectible.
