Opinion
The latest opinion pieces by industry thought leaders
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GC, CCO roles can protect PE firms as SEC steps up AI scrutiny
For private equity, with its cutting edge use of new technology, having both a GC and a compliance officer protecting a firm can be a risk management difference maker.
Allison Rosner and Craig Donaldson • June 25, 2024 -
Picking the best path for a career in eDiscovery
The eDiscovery space offers abundant economic and professional opportunities to those willing to put in the work.
Jonathan Moody • June 12, 2024 -
Mitigating risk from consumer claims
Hotels and restaurants are particularly vulnerable to ADA claims, while producers and sellers of consumer packaged goods are vulnerable to misleading packaging claims.
Sedina L. Banks and Ira M. Steinberg • May 30, 2024 -
Let’s avoid legal patchwork for credit card surcharging
“All parties in the payments ecosystem would benefit greatly from state laws that provide clarity and consistency between jurisdictions,” write two legal professionals.
Jonathan Razi and Keturah Taylor • May 23, 2024 -
How legal teams are mastering AI
By focusing first on automating high-volume tasks, attorneys and other legal staff become comfortable using the new tools from the ground up.
Pam Salling • May 15, 2024 -
Microsoft is thinking out of the box on AI. Will the Biden Administration?
Microsoft’s moves in the AI space are the kind of “nonacquisition acquisitions” that the FTC should look at closely through an antitrust lens.
David Balto • May 9, 2024 -
3 practical business applications for AI in corporate legal
Legal bill review, spend management and matter management are ways that in-house legal teams can use AI in their operations today.
Jeffrey Solomon • May 7, 2024 -
AI in litigation: Questions to ask your outside counsel
Outside counsel should be prepared to show metrics on how their use of AI tools improves accuracy and speed on the litigation matters they handle for their corporate clients.
Pamela Salling • May 3, 2024 -
What to know about the DOJ’s M&A safe harbor policy
Extending due diligence beyond traditional document review and implementing strong post-closing integration are among the ways to identify potential violations before they cause problems.
William S. Barrett and Melody M. Block • May 2, 2024 -
Proposed PCAOB rule risks turning auditors into legal watchdogs
The NOCLAR proposal would impose on auditors greatly expanded responsibilities for identifying — or even preventing — noncompliance with a very wide range of laws, PwC’s Brian Croteau writes.
Brian Croteau • April 25, 2024 -
Top 10 pet peeves for in-house litigation counsel
Budget surprises, a failure to communicate at inflection points and vague billing entries are among the outside counsel practices that make life hard for in-house litigation counsel.
Joshua Stein • April 19, 2024 -
From hype to implementation: Tracking GenAI’s impact on the practice of law
Legal departments are developing guidelines to ensure standards around safety, accountability, privacy, scientific practice and business are upheld as AI moves into the mainstream.
Katie DeBord • April 18, 2024 -
Multiple pathways for legal pros to move into biotech GC role
The industry is expected to grow 14% over the next decade, providing opportunity for legal professionals attracted to the unique challenges in the life sciences.
Amy Katz • April 15, 2024 -
Compliance isn’t the only ‘AI washing’ risk
Like regulators, private plaintiffs are going after companies whose artificial intelligence promises don’t match what their technology actually does.
David Shargel • April 8, 2024 -
Why the Corporate Transparency Act is in legal limbo
Legal views differ on whether businesses should proceed as if the law applies or can safely disregard it while the government appeals a court ruling that deems it unconstitutional.
Craig E. Behrenfeld, Thomas R. Julin and Robert B. Lamm • April 3, 2024 -
Cybersecurity planning: A critical responsibility for in-house counsel
For legal leaders, data protection can’t be treated as an afterthought; it must be understood as a foundational business principle.
Camilo Artiga-Purcell • April 1, 2024 -
Invisible assets, visible impact: Understanding the patent advantage
Protecting your company’s intellectual property by developing a patent strategy isn’t typically a priority for general counsel, but it should be if you want to fully monetize your company’s assets.
Keegan Caldwell • March 27, 2024 -
$29B Microsoft tax bill shows how big transfer pricing disputes can get
General counsel can help their organization avoid expensive legal battles by ensuring their intercompany agreements align with their compliance policies.
Paul Sutton • March 15, 2024 -
When you choose a language model, remember that size isn’t everything
While expensive models have their merits, success with LLMs in the business environment hinges much more on matching a model's capabilities with the specific requirements of the task.
Dawid Robert Kotur and Nick Long • March 14, 2024 -
AI rise increases importance of IP audits
Having a clear view of your company’s patents, trademarks, copyrights and trade secrets is a first step to protecting your intellectual property and building a process to maximize new IP value going forward.
Stephen Sullivan • March 7, 2024 -
Maintaining HIPAA compliance when using protected information in litigation
A data governance and discovery plan can thread the needle between required legal discovery and HIPAA compliance.
Shannon Smith • March 6, 2024 -
Why a general counsel must serve as a business partner
How the GC performs when the proverbial door closes and the executive team has to engage in candid and sometimes fraught conversations about critical issues is pivotal.
Michael Sachs and Joanna Herman • Feb. 23, 2024 -
Using AI to estimate claim exposure
By combining their legal insight with technology’s ability to speed through complex calculations, in-house attorneys can help ensure their claim reserves are accurate.
Jonathan Judge • Feb. 15, 2024 -
Using design thinking to improve legal operations processes
In design thinking, organizations put themselves in their users’ minds to create innovative solutions that meet their customers’ needs and expectations.
Jared Hostmeyer • Feb. 9, 2024 -
Ensuring your contracts reflect the realities of remote work
Contract management can help legal leaders build in processes that keep their contract data secure and compliant as the work environment evolves.
Benjamin Thomas • Feb. 5, 2024