The Future of Artificial Intelligence and the Law - January 10, 2017
Expanding In-House Pro Bono Opportunities - February 2, 2017
Global Intellectual Property - Where Are We Now? - February 7, 2017
Significant Pay Equity Developments - February 23, 2017
Social Media - Use and Abuse By Businesses and Employees - March 7, 2017
Checklist for Employer Obtaining Consumer Reports and for Taking Adverse Action Based on a Consumer Report
1Q Value Challenge Roundtable: A Conversation with Susan Hackett, Legal Executive Leadership - March 16, 2017
Evaluation, Performance & Continuous Improvement
Legal Ops Topic Resources from Susan Hackett. Legal Executive Leadership
CLOC Law Firm Evaluation Initiative
You Have Received a Subpoena - What Now? - April 4, 2017
Workplace Privacy and Cybersecurity - April 19, 2017
Communications Basecamp for In-House Lawyers: Where Mindful and Ethical Discussion Begins - April 25, 2017
US & International IP: Trademarks, Copyrights and Designs - May 16, 2017
The Promise and Peril of Legal Technology (2Q Value Challenge Group Roundtable) - May 18, 2017
EU General Data Protection Regulation Roundtable - Building a GDPR Compliance Program - May 23, 2017
Cyber Risks and Human Factors - May 24, 2017
- Effectively Addressing Cybersecurity Risks
- Think Outside the Breach: Six Legal Issues to Consider After Responding to a Cybersecurity Incident
ACC Foundation: The State of Cybersecurity Report – Key Findings
D&O Diary: Cybersecurity Lessons from Yahoo's Legal Department Woes
Ponemon Institute: The Human Factor in Data Protection
Ponemon Institute: Closing Security Gaps to Protect Corporate Data
A Primer on FTC Expectations for Your Partner and Vendor Relationships
IAPP: GDPR & Vendor Management
Pew Research Study - What the Public Knows About Cybersecurity
NetDiligence 2016 Cyber Claims Study
Risk Management and Litigation Avoidance Strategies That Really Work - June 6, 2017
Ready for Your Company to Benefit from ADR? Perspectives from a Mediator - July 27, 2017
Practical Considerations for In-House Counsel for Preserving and Asserting the Attorney-Client Privilege Under Pennsylvania Law - September 20, 2017
Key takeaways about helping a client avoid an inadvertent waiver of privilege:
1. Avoid forwarding emails, memoranda or letters from outside counsel to non-lawyer consultants.
2. Be selective about:
a. which facts and theories you need to share with the consultant knowing that they might be discovered; and
b. the method of communication (email; phone call; face-to-face.)
3. Warn others to keep lawyer advice and writings within a clearly defined, limited group.
4. Consider whether an attorney should retain the consultant and, if done, be able to articulate clearly why the consultant's input is necessary for the attorney to deliver legal services.
5. For each communication, especially during a crisis, consider:
a. Is the purpose to seek or give legal advice?
b. Who is the lawyer?
c. Who is the client?
d. Is someone else present? If so, why?
e. Should the communication proceed with the current people present?
6. In "team meetings" consider using:
a. Agendas to control topics dealt with at all hands meetings;
b. Separate meetings with more limited attendees to discuss legal aspects of the project or case;
c. If necessary, ask third-party consultants to leave the room if the discussion turns to privileged information.
7. The preservation of privilege is not an end unto itself. It is a factor to be considered (an important one, but not the only one) as the client struggles to meet the challenge presented by the crisis du jour. It is at such times that we as counselors can add value by reminding a busy, perhaps overwhelmed, client about the foregoing principles.
Transgender Issues in the Workplace - September 26, 2017
- While the law on the basis of gender identity is in a state of flux, decisions based on sexual stereotyping are unlawful, and issues affecting transgender employees can raise privacy concerns.
- The number of transgender employees in the workplace is growing, so it is recommended that employers plan now for how they want to address issues relating to transgender employees and applicants.
- Planning includes reviewing policies and procedures which may affect transgender employees and training managers and professionals involved in hiring on how to respond to various requests raised by transgender employees.
Is Your Ethics Program in Order? - October 3, 2017
Corporate Ethics Program Process
The presentation provided attendees with the key components of an effective ethics program and tools to evaluate the effectiveness of existing ethics programs.
Key takeaways included:
- The methodology used to design and implement an effective ethics program, including the use of employee surveys, and understanding of business operations and interviews.
- The importance and components of an effective written Code of Business Ethics and its role in setting the "tone from the top."
- Identification of effective internal controls to monitor the effectiveness of an ethics program including internal auditing, use of a hotline, corporate compliance, disciplinary guidelines, and periodic assessment of the program.
- The importance of annual ethics training with a discussion about its purpose, appropriate scope, and how to ensure participation and completion.
Spotting & Identifying Antitrust and Other Unfair Competition Claims and Issues - October 10, 2017
- The purpose of antitrust law is to protect competition not competitors.
- Individuals in management, sales, distribution, and product development need to be mindful of antitrust issues.
- Antitrust law principally focuses on practices that will adversely affect market price, supply volume, or product quality.
- Conduct that has a clear effect of raising price or limiting supply will be automatically unlawful.
- Conduct that does not directly affect price or supply will be assessed for potential pro-competitive effects.
- Competitor communications should be avoided with respect to price, product features, delivery terms, and markets.
- Markets can also be affected by advertising practices, intellectual property, and interference with contracts.
Refresher on Drafting and Analyzing Key Provisions in Commercial Agreements - October 26, 2017
- Corporate counsel draft and interpret contracts everyday and should be aware of how common clauses are interpreted, be careful to avoid common drafting pitfalls and establish internal best practices to ensure commercial agreements meet the needs of their business.
- Assignment clauses may be interpreted differently in different jurisdictions, so drafters should take care to be clear in the intended meaning.
- Specificity in drafting increases the likelihood that courts will interpret a commercial agreement in the manner intended by the parties.
- Common modifying terms such as "knowledge" and "materiality" may be interpreted more broadly or more narrowly than intended and drafters should consider defining or limiting these terms where appropriate.
- Counsel should periodically review their organization's standard form agreements to ensure the forms include applicable updates reflecting changes in law and change in the organization's business.
Advanced Planning for Rapid Response: Staying Prepared for Data Security Breach Litigation - November 9, 2017
The program provided an overview of the legal and reputational risks associated with data breaches, an assessment of the current legal landscape, and offered best practices to minimize risks and mitigate potential breaches. Key takeaways included:
- While approximately 80% of businesses have experienced a cybersecurity incident since 2016, some companies have done a much better job than others in mitigating the resulting harm to their reputations and valuations and in minimizing their litigation risks.
- 48 states now have data security breach laws that require companies to notify individuals when personal information is lost or stolen.
- The FTC and several prominent states have recently become more active in regulating and investigating companies’ handling of consumer data.
- Courts have differed on what constitutes sufficient harm to permit a consumer whose data was exposed in a breach to bring a lawsuit.
- Companies can minimize their risks by closely managing vendors that have access to consumer data, regularly reviewing and assessing internal policies and procedures governing sensitive data, creating a dynamic data breach response plan, and following that breach response plan when an event occurs.
Reed Smith recently launched its free to use Breach RespondeRS App. The App was developed completely in-house and assists companies in evaluating a potential data loss incident by applying the breach notification laws of 48 U.S. states to the known facts of any new potential data loss incident. Nearly every state in the United States has a data security breach law, requiring notice when certain personal information is lost, stolen, or misused. However, the many laws differ in small but crucial respects, making it difficult to get to a bottom line. Breach RespondeRS is the first app of its kind and prompts companies to answer basic factual questions from which it provides an immediate response as to the likelihood that notification is required.
10 Things Non-IT Lawyers Should Know About IT Contracts - December 13, 2017
- You need to learn some basic terminology.
- License, Not Purchase.
- You need to understand license scope.
- You need to know where stuff will be.
- You may need to specify what product/service will do.
- You need to understand how product will be implemented.
- You need to establish performance warranties/standards.
- You need to understand how product will be maintained/supported.
- You need to understand data rights.
- You need to think about limitations of liability.