Opinion
The latest opinion pieces by industry thought leaders
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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 -
Why copyright law is equipped to handle AI cases
As legal challenges against AI models and AI-generated writing and art arise, it's critical that courts and regulators avoid piling on new legislative frameworks.
Jess Miers • Jan. 26, 2024 -
Holding out for a bankruptcy ‘cram down’? Think again.
C-suites should take a hard look at the true cost of bankruptcy before filing for Chapter 11, Lowenstein Sandler’s Kenneth A. Rosen writes.
Kenneth A. Rosen • Jan. 25, 2024 -
5 focus areas to improve contracting
Whether you implement contract lifecycle management software or take your existing process to the next level, the rigor of your legwork will impact the ROI you extract from your contracts.
Sailaja Meesaraganda • Jan. 25, 2024 -
EU ESG due diligence directive set to take effect
Final approval of the regulatory action is expected to happen soon. When it does, U.S. companies doing $300M in EU business must show they're meeting sustainability and other goals.
Neil D’Souza • Jan. 24, 2024 -
Five takeaways for chief legal officers from Biden’s executive order on AI
Staying informed, proactive and adaptable will allow in-house legal teams to more easily navigate the complex landscape and harness the power of AI responsibly and effectively.
Eric Gorman, Jill Fukunaga and Jeff Isaacs • Jan. 19, 2024 -
A CLO’s GenAI prediction: We’ll lean into it — and our humanity
A human-centric, converged approach to harnessing new technology is what will truly make 2024 in-house counsel’s time to shine.
Shana Simmons • Jan. 18, 2024 -
6 AI tips for first-time adopters
Companies adopting AI for the first time must be ready to do it responsibly and in a way that can deliver real business value, writes Hero Digital’s Arun Kumar.
Arun Kumar • Jan. 16, 2024 -
How to avoid regulatory risk for ‘AI washing’
Federal agencies are prepared to call out companies whose AI claims don’t pass muster.
Lena Kempe • Jan. 12, 2024 -
Exploring the potential impact of generative AI on legal operations
Before legal ops professionals can participate in serious assessment of AI solutions and tools, they must first understand the nuances between different forms of AI.
Meredith Brown and Brandon Lee • Jan. 11, 2024