Emerging Issues: Page 27


  • This Ironclad's new Snapshots product for Clickwrap contracts
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    Courtesy of Ironclad
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    Using social media posts about contracts to build your brand

    LinkedIn, Twitter and TikTok are among the popular platforms legal professionals are using to share knowledge about contracts and develop new connections.

    By Lyle Moran • June 7, 2022
  • Securities and Exchange Commission, SEC, Building in Washington DC
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    qingwa via Getty Images
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    How SEC ESG disclosure rules will impact private companies

    The environmental reporting requirements, once they’re finalized, will sweep in a broader range of companies than many general counsel might realize.

    By June 7, 2022
  • Twitter fined $150M for two-faced two-factor authentication

    The company can continue giving contact information to ad partners but it must let users know it’s doing that and not just say the data is for security, the FTC and DOJ say.

    By June 6, 2022
  • Concept image of a lawsuit
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    Ulf Wittrock via Getty Images
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    'Social inflation' increasing severity, frequency of litigation against companies

    In a self-reinforcing loop, more claimants seek bigger awards and more frequently get them, an analysis by a global insurance support company says.

    By June 2, 2022
  • The screen is filled with masks
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    Photo by Karolina Grabowska from Pexels

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    Opinion

    Prepping for the next phase of stimulus fraud probes

    Federal authorities appear to be operating under a strong mandate to ferret out perceived fraud and abuse in the confusing world of COVID-19 stimulus programs.

    By Matthew S. Adams • May 31, 2022
  • A lawyer and client discussing a topic
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    utah778 via Getty Images
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    How a law firm can provide general counsel services to legal departments

    Epstein Becker & Green attorneys with deep in-house experience assist and mentor a wide array of GCs.

    By Lyle Moran • May 27, 2022
  • President Biden Delivers Remarks On Russian Invasion Of Ukraine
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    Drew Angerer / Staff via Getty Images
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    How not to walk into indirect Russia sanctions

    Just avoiding prohibited Russian businesses isn’t enough because third parties could be exposing you to liability, says a specialist in the matter.

    By May 27, 2022
  • SEC under fire
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    Chip Somodevilla via Getty Images
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    Fifth Circuit ruling on in-house SEC hearings shifts legal landscape

    More cases brought by the Securities and Exchange Commission are likely to go before juries rather than stay in-house to be decided by an administrative law judge.

    By May 20, 2022
  • Court of Law and Justice Trial Session: Imparcial Honorable Judge Pronouncing Sentence, striking Gavel. Focus on Mallet, Hammer. Cinematic Shot of Dramatic Not Guilty Verdict.
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    gorodenkoff via Getty Images
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    Does price-fixing case warrant second retrial?

    Multiple retrials should be limited to the most serious offenses, not a regulatory issue involving chicken suppliers that is scheduled for a third trial in June, says a veteran lead council.

    By May 18, 2022
  • A female employee shaking another employee's hand
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    Cecilie_Arcurs via Getty Images
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    Legal departments turn to flexible talent platforms to meet staffing, project needs

    Axiom has seen surging client demand for lawyers and teams who can assist with a wide range of in-house work.

    By Lyle Moran • May 16, 2022
  • SEC
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    "SEC" by SEC is licensed under CC BY 2.0
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    Defense counsel too often hurt companies they represent, SEC enforcement chief says

    Delay tactics, overly aggressive coaching and attorney-client privilege abuses can lead to more than just penalties, Gurbir Grewal said last week.

    By May 16, 2022
  • A multiethnic group of people
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    Ridofranz via Getty Images
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    GC hires at Fortune 500 companies were more ethnically diverse in 2021

    The large companies are also increasingly hiring women and seeking seasoned outsiders who can hit the ground running when taking on a general counsel role.

    By Lyle Moran • May 12, 2022
  • Securities and Exchange Commission, SEC, Building in Washington DC
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    qingwa via Getty Images
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    General counsel face heightened liability risk as SEC seeks to drop SPAC safe harbor

    Projections to attract shareholders could trigger lawsuits as plaintiffs’ attorneys take advantage of what amounts to a shift in the burden of proof to operating companies.

    By May 11, 2022
  • Group of diverse people
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    courtneyk via Getty Images
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    First group of midsize law firms recognized for their diversity efforts

    The Mansfield Rule certification from Diversity Lab will give the firms access to large legal departments at client forums. 

    By Lyle Moran • May 10, 2022
  • Industrial woman engineer or factory worker wearing helmet and hygiene face mask with teamwork stand in line
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    nunkung88 via Getty Images
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    Preparing for wave of Covid-related wrongful death, personal injury lawsuits

    The first such case, involving a woman who claims her husband died after she brought home the virus from on-site work during the lockdown, has been cleared to proceed to trial. 

    By May 5, 2022
  • Three co-workers sit at a conference table; two people exchange a high-five
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    Photo by Alexander Suhorucov from Pexels

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    Companies urged to prioritize outside counsel progress, not quotas, on diversity efforts

    Diversity Lab's CEO says legal departments participating in the Diversity Dividends Collective commit to giving more work to outside firms that perform well on key metrics. 

    By Lyle Moran • May 3, 2022
  • state trial court, judicial analytics
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    utah778 via Getty Images
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    Opinion

    In-house counsel are leveraging state trial court data to help them navigate through uncertain legal terrains

    Lawyers in legal departments also use tools like Trellis to screen outside law firms and identify nuisance cases.

    By Nicole Clark • April 28, 2022
  • Social network under attack by hacker
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    BeeBright via Getty Images
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    Opinion

    New federal regulations drive notification complexity of cybersecurity incidents

    Sector-specific cybersecurity rules and guidance from federal agencies complicate compliance when an incident occurs. 

    By Gerry Stegmaier and Eric Manski • April 25, 2022
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    vm via Getty Images
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    Corporate board members want say in GC hiring, but priorities often differ from CEOs

    Board members look for general counsel with corporate governance and fiduciary competencies.

    By Lyle Moran • April 25, 2022
  • Computer language script and coding on screen.
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    themotioncloud via Getty Images
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    War exclusion could sink your cyber insurance

    General counsel should review the adequacy of their liability protection in the face of heightened risk from the Russian war in Ukraine, a specialist suggests.

    By April 25, 2022
  • Woman working at desk
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    AndreyPopov via Getty Images
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    Mapping your strategy as states rethink federal income tax carve-out

    Now that California is taking a broader view of PL 86-272, your company could be subject to state income tax for online sales that previously enjoyed an exemption.

    By April 25, 2022
  • In discussion
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    Despite DOJ's more rigid view of cooperation, GCs have path to achieve credit, attorney says

    In-house counsel walk a finer line than they did a year ago between cooperating with a federal investigation and maintaining tactical flexibility. The key is getting in front of an issue quickly, says Robert McBride of Taft.

    By April 25, 2022