Opinion
The latest opinion pieces by industry thought leaders
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Mitigating legal risk while AI laws play catch-up
There are steps in-house counsel can take to help ensure their organization’s use of new technology doesn’t create liability under existing laws.
Seth P. Berman • Aug. 30, 2024 -
How mentorships can be a path to stronger firm-client relationships
Programs that bring the law firm and the in-house team together can boost career development for young lawyers and lead to better outcomes for the general counsel.
Brad Vynalek and Cornell Boggs • Aug. 16, 2024 -
How IP attorneys can use AI to boost their careers
Both in-house attorneys and outside counsel have reason to embrace generative AI but its impact on their work will be different.
Vincent Brault • Aug. 15, 2024 -
Be a better negotiator of cloud contracts
Getting terms such as “blanket acceptance of updates” right is critical for organizations to protect their interests, as the CrowdStrike debacle shows.
Jeff Andrews • Aug. 9, 2024 -
Hire the talent and not the firm: An alternative model for legal services
By working with an independent project manager, GCs can access legal talent that won’t face constraints in time, motivation and expertise that can impede the success of outside counsel engagement.
Jonathan Baum • Aug. 6, 2024 -
Will deepfakes overwhelm us? What’s ahead for in-house legal teams
In-house lawyers will not need to outsource the examination of every piece of evidence for deepfakes. There are ways they can filter evidence themselves.
Chuck Kellner • Aug. 5, 2024 -
Third-party compliance certification can get cannabis cash safely into banks
Even if the SAFER Banking Act passes, the infrastructure exists within the cannabis industry for third parties to do the kind of accrediting the Joint Commission does for the healthcare field, says attorney F. Miles Adler.
F. Miles Adler • Aug. 1, 2024 -
Heading off bias in your AI-embedded employment tools
AI permeates more deeply in your HR decision-making toolkits than you might realize. Knowing how to correct for unintended bias can help from a risk management standpoint.
Corey Gildart and Joe Knight • July 25, 2024 -
Future-proofing in-house legal workflows
Adopting the correct technologies can provide legal teams an opportunity to enhance their relationships with internal business partners.
Lisa Mundrake • July 24, 2024 -
The DOJ shouldn’t re-write antitrust law out of AI fears
Congress and regulators are setting their sights on algorithm-implementing emerging AI technologies. It’s important to remember that it takes unlawful behavior, not tools, to violate antitrust laws.
Shubha Ghosh • July 8, 2024 -
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