Cyber disclosures won’t save directors under Caremark

Boards will be tempted to equate compliance with upcoming SEC cybersecurity rules to meeting a duty of oversight standard. They shouldn’t, attorneys say.

By Robert Freedman • Feb. 9, 2023

Labor and cyber disputes are top in-house litigation concerns

Legal departments are also bringing more litigation work in-house and a significant percentage plan to hire more litigators this year, a report found.

By Lyle Moran • Feb. 7, 2023

GoodRx takes issue with FTC approach but settles first breach-rule charge

The telemedicine company says the kind of practice that’s being targeted is commonly used by companies and even government agencies.

By Robert Freedman • Feb. 2, 2023

Cyber insurance won’t save your company if it has a breach

Policies often have exemptions that can leave you on the hook for the most expensive part of remediation, BreachRx leader says.

By Robert Freedman • Jan. 26, 2023

How to use software to strengthen data privacy compliance

Exterro says its Smart Data Inventory solution helps companies keep up with evolving laws, including by indicating when privacy impact assessments are required.

By Lyle Moran • Jan. 10, 2023

After legal battles, CEO sees GC value

The head of CargoSprint is battle scarred after years of litigation but he now has a more realistic view of the role of in-house counsel in a competitive business.

By Robert Freedman • Jan. 9, 2023

6 in-house legal trends to watch in 2023

Legal chiefs will be expected to do more with less even while operational costs rise and compliance risks grow.

By Robert Freedman and Lyle Moran • Jan. 6, 2023

Protecting your intellectual property in the metaverse

The immersive nature of a virtual environment raises issues for trademark, patent and other IP assets that will take some sorting out, an IP specialist says.

By Robert Freedman • Dec. 9, 2022

9 of the year’s biggest in-house legal stories

These are the topics that have resonated the most with readers this year. 

By Legal Dive Staff • Dec. 2, 2022

Why privacy professionals should work closely with company engineers

Transcend's general counsel, Brandon Wiebe, said the increasingly technical nature of data privacy regulations requires cross-functional collaboration. 

By Lyle Moran • Nov. 11, 2022

Adidas to leverage IP rights to Yeezy product without his name

Adidas “is the sole owner of the IP rights” of past, current and future designs of the rap star, Chief Financial Officer Harm Ohlmeyer said in a call. 

By Daphne Howland • Nov. 9, 2022

The time to start documenting the role of AI in inventions is now

Patent law precludes AI as inventors, a federal circuit court rules. That reflects international standard, but the issue isn’t going away. 

By Robert Angle and Gerar Mazarakis • Nov. 1, 2022

Capturing the creative act to win a patent fight

Supporting your claim against a competitor can come down to the story you tell about your product – and keeping your competitor from telling a story about you.

By Robert Freedman • Oct. 18, 2022

Feds step up focus on companies’ use of dark patterns

The Federal Trade Commission uses the release of a report to signal it intends to go after the use of online manipulation tactics to separate consumers from their money. 

By Robert Freedman • Oct. 12, 2022

Moving past confusion to ensure corporate compliance with privacy restrictions

There are steps companies can take now, merger and non-merger related, to address data privacy issues.

By Joey Seeber • Oct. 11, 2022

How general counsel can help prevent data breaches

A new tool from Commvault is designed to trick bad actors into accessing fake resources before they compromise real information.

By Lyle Moran • Sept. 23, 2022

What legal departments need to know about building a data security and privacy program

General counsel play a key role in developing an enterprise-wide infrastructure that can keep pace with the rapidly changing threat landscape and regulatory environment.  

By Kara Hilburger • Aug. 26, 2022

Using tech to manage and protect trade secrets

Tangibly is a new tool designed to help companies catalog their trade secrets and track who has access to them.

By Lyle Moran • Aug. 22, 2022

The magic words for protecting trade secrets

Non-disclosure and non-compete agreements should use language that creates a cause of action if a counterparty is suspected of trying to misappropriate a company’s software.

By Robert Freedman • Aug. 19, 2022

Thaler AI patent decision keeps assignment of rights a contractual issue

Companies hoping to keep rights to artificial intelligence-based inventions without having to get employees to assign them over must wait until Congress gets involved, say patent specialists.

By Robert Freedman • Aug. 18, 2022

Large companies partner to improve diversity in IP law

Amazon, Google and Microsoft are among those partnering with LOT Network to advance DEI through information and mentorship.

By Lyle Moran • July 29, 2022

Patent judges eye USPTO oversight warily

A 2021 SCOTUS decision has handed the agency director review authority that some call a black box, the Government Accountability Office says. 

By Robert Freedman • July 25, 2022

How to operationalize a data privacy program

LinkSquares' legal chief said in-house teams should work closely with colleagues to implement and test data security measures.

By Lyle Moran • July 22, 2022

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

Motions to amend can create 'super patents' but they're hard to get

Whether general counsel want to recommend amendments to protect their claims is both a business and a strategic decision.

By Robert Freedman • June 30, 2022