Emerging Issues: Page 26
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C-suite savvy key to digital transformation success, McKinsey says
Companies succeeding in a digital transformation outperform their peers by focusing on customer engagement and innovation.
By Jim Tyson • July 21, 2022 -
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GCs face limits as Calif. privacy law constrains operational flexibility
The California Privacy Rights Act (CPRA) doesn’t just impose rules on the use of consumer data; it mandates design features to stop the use of so-called dark patterns.
By Robert Freedman • July 20, 2022 -
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California gun law an end-around to hold manufacturers liable
A.B. 1594 focuses on practices that wink and nod at the illegal use of products as a way to go after companies without violating their federal liability protection.
By Robert Freedman • July 14, 2022 -
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Employers must now justify COVID-19 testing, EEOC says
Previously, the agency said the ADA always permitted employer worksite coronavirus testing.
By Kate Tornone • July 14, 2022 -
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Federal foreign corruption focus puts spotlight on third-party partners
Some 90% of problems stem from the middle-men that companies hire for help in high-risk countries, making controls key to compliance.
By Robert Freedman • July 13, 2022 -
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SEC asked Citi for more detail on Russia exposure
The regulator wanted the bank to list any harm to assets or valuation, as well as the impact the bank has felt from supply chain disruption, heightened cybersecurity risks or volatility in the trading price of commodities.
By Dan Ennis • July 12, 2022 -
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Upheaval at SpaceX: What employers can learn
Employers need to walk the talk when it comes to hearing out workers, experts said — or else workers may take more public avenues to vent their concerns.
By Carla Bell • July 12, 2022 -
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As companies look to joint ventures, how deals are structured becomes key
Unlike in the past, negotiations today are more likely to cover restructurings and exits.
By Robert Freedman • July 8, 2022 -
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Litigation terrain getting trickier for negative-option subscription companies
Having a process for notifying customers their subscription will automatically renew might not be enough to protect you as rules on cancellation processes get more detailed.
By Robert Freedman • July 7, 2022 -
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Litigation funding seen as strategic tool for pursuing lawsuits
Now more mainstream, the specialized financing gives general counsel a way to go after damages they might otherwise leave on the table, a specialist in the field says.
By Robert Freedman • July 1, 2022 -
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How in-house lawyers working remotely can connect with colleagues
Initial meetings via video can be supplemented with in-person interactions with team members that build trust, two corporate lawyers said during a recent Axiom webinar.
By Lyle Moran • July 1, 2022 -
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Evasive practices risk ensnaring companies in Russia sanctions
Pleading ignorance of who the beneficiary of a foreign company is won’t help if you’re hauled before the federal government. Regulators are using a strict liability standard.
By Robert Freedman • June 28, 2022 -
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Companies' ERISA abortion-travel protection will likely be limited
Even organizations with self-funded health policies not subject to state insurance rules face liability risk in states that criminalize aiding and abetting the procedure post-Roe.
By Robert Freedman • June 27, 2022 -
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'Chaos' from state abortion bans going into effect will have legal, criminal implications for providers
The effect of Friday's opinion will be felt by providers, medical groups and hospitals across the country, including primary care doctors and emergency physicians, experts say.
By Shannon Muchmore • June 24, 2022 -
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GCs face compliance challenges under new import curbs
Some 10% of manufactured goods come through the Xinjiang region of China, which are banned starting this week if they touch companies using forced-labor practices.
By Robert Freedman • June 23, 2022 -
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What could a 32-hour workweek mean for California employers?
While the state’s bill is stalled for now, the effort demonstrates a shift toward greater flexibility at work.
By Ryan Golden • June 23, 2022 -
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More duty of oversight cases surviving motions to dismiss because of robust pre-filing discovery
It was once rare for personal liability cases against directors to proceed in the Court of Chancery but extensive information gathering under Section 220 of Delaware General Corporation Law is changing that.
By Robert Freedman • June 21, 2022 -
CFPB scrutinizing employer-driven debt
Right now the Consumer Financial Protection Bureau just wants information but it might propose restrictions once it learns more about these practices.
By Robert Freedman • June 17, 2022 -
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Elon Musk, Airbnb and the do’s and don’ts of crafting remote work edicts
When communicating the importance of in-person work in a market that demands flexibility, framing matters, executives told HR Dive.
By Ryan Golden • June 16, 2022 -
Alabama Extension. (2020). "The Image" [Photograph]. Retrieved from Flickr.
COVID-19 could cause physical loss in business interruption case, court rules
Like asbestos, carbon monoxide or an odor, a virus has a physical presence even if it can’t be seen, the Louisiana Fourth Circuit Court of Appeal says in a decision favoring a restaurant owner.
By Robert Freedman • June 16, 2022 -
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How a top law firm is working to develop 'business-savvy' attorneys
Sidley Austin’s new professional development program for associates includes executive leadership training at top business schools.
By Lyle Moran • June 15, 2022 -
Legal error is a 'mistake' under federal law, Supreme Court says
Resolving the definition is important under a civil procedure rule that affects the amount of time a party has to request a case to be reopened.
By Robert Freedman • June 15, 2022 -
Courtesy of U.S. Bank
U.S. Bank implements well-being guidelines for outside counsel relationships
The pilot program with seven law firms emphasizes communication and project management approaches that promote work-life balance.
By Lyle Moran • June 13, 2022 -
Carol Highsmith. (2005). "The Apex Building" [Photo]. Retrieved from Wikimedia Commons.
FTC wants Gravity Defyer grounded for false claims
Another company owned by the same person had previously made performance claims based on research that was either poorly done or reached different conclusions, the Federal Trade Commission says.
By Robert Freedman • June 13, 2022 -
General counsel ESG role called more than litigation avoidance
As shareholders become increasingly activist on environmental, social and governance issues, protecting company value means creating a transparent management process.
By Robert Freedman • June 8, 2022
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