LEGAL
Entering into a new year gives us the chance to look forward as we plan for the upcoming months, but also the chance to reflect back on the year that has gone by and the challenges and opportunities that we faced. As such, we collected the top 10 Corporate Counsel Connect articles from 2016, which became of a diverse collection of what meant most to you, our readers, over this past year, from measuring your legal department to Europe’s new data protection laws to what you need to know about insurance. Haven't read these top stories yet? Now's the time to catch up!
1. The Insider: In-house counsel “to do” list for 2016
I was in-house counsel for over 20 years. One of the hardest tasks I recall was the yearly goal-setting process for the legal department, both as a member of the department and as general counsel for two companies. To me, it feels like there is something inherently difficult about setting legal department goals when probably 75% of what attorneys will work on in the upcoming year is still unknown and won't really be knowable until it appears on their plates. Despite these particular limitations, it is possible to create a useful and measureable set of goals for legal.
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2. The Insider: Europe’s new data protection law – what do you really need to know?
Over the past several months, you have probably been bombarded with data privacy articles, questions, and concerns. Given the sheer volume of material on the topic, it’s difficult to figure out what you truly need to know about the current state of data privacy and data protection in Europe. We saw the European Court of Justice strike down the U.S.-EU “Safe Harbor” agreement last October, and we know that there was recently an agreement reached on a new EU-wide data privacy law. The hard part is figuring out what it all means.
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3. A checklist to measure your legal department performance
Faced with increasing pressure from company management, corporate law departments are becoming more efficient by using a variety of cost-cutting methods. To measure the outcome of these efficiency efforts, many law departments use metrics to objectively quantify, analyze, and report on their improvements in performance over time. Determining the right metrics can provide in-house counsel with compelling evidence that law departments add demonstrable value to their companies.
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4. Litigation trend: Website accessibility under the ADA
In 2016, companies should consider examining the issue of website accessibility under Title III of the Americans with Disabilities Act (ADA). Litigation is increasing in this area due to continuing uncertainty surrounding the ADA’s application to some websites, a lack of ADA standards for websites, and an aggressive position taken by the U.S. Department of Justice.
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5. The Insider: Working from home – can it really work for in-house counsel?
More and more employers are affording their employees the ability to work from home, or “remotely,” as it is sometimes called. Studies show pretty convincingly that not only does the flexibility to work from home increase employee productivity and morale, it also heightens the company’s ability to attract and retain key talent. While work from home is growing, it is not growing as quickly at in-house legal departments. As a former GC, I will be the first to say that I was very reluctant when we first started allowing our in-house lawyers to work from home.
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6. Ten points every in-house counsel should know about insurance
If you’re like many lawyers, just the topic of insurance beckons negative thoughts. When you’re in-house counsel, however, insurance coverage need not and should not be a topic that conjures up bad feelings. Rather, insurance should be viewed as a resource that can make your job easier.Read more >
7. The Insider: “Risk” is the new black
It’s difficult to be part of any business and not hear about risk. It’s everywhere. As my title suggests, risk is the new black. It’s on the lips of every CEO, CFO, and board member, as it should be. And, anything that is important to the board and the C-suite is important to the legal department. In fact, over the past five or so years, one of the key responsibilities that businesses are placing on in-house lawyers is spotting and managing risk.
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8. Top 10 ways to know it's time to employ technology in your legal department
Small but growing legal departments often struggle to define exactly when it's time for them to invest in technology. There can be significant time and costs associated with adopting technology, so getting the technology much too soon can waste these precious resources. However, waiting until it's much too late and problems have grown out of control can be infinitely more costly. Below is some practical advice for when it may be time for a legal department to invest in technology that allows its attorneys to serve clients better, become more efficient, and save money.
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9. Top 10 drafting pitfalls
There seems to be no shortage of high-profile drafting disasters in the legal press. Perhaps the most famous is the ownership dispute over the Los Angeles Dodgers. Many drafting disasters can be traced to simple mistakes. Below are 10 frequent ways that contract drafters get into trouble, as well as some tips to steer clear of disasters.
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10. Going global: An introduction for in-house counsel
For the past several centuries, companies wishing to do business internationally were faced with two major problems: distance and time. Fortunately, with the emergence of virtually instantaneous communication methods and the ability to be in almost any part of the world within 24 hours, distance and time are no longer major concerns for operating on a global playing field. In fact, today all businesses must operate and compete in a rapidly changing international environment that includes both opportunities and challenges.
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