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Corporate Counsel Connect collection

April 2014 edition

In this issue

Featured insight


Susan HackettAre your outside counsel guidelines working for or against you?
Most in-house and outside counsel feel that their outside counsel retention guidelines and RFP processes don't do much to improve their inside/outside counsel relationships ... even though both sides agree that both are very important and they spend large amounts of time on them. Why is this the case?
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Best practices


AnneMarie ScollayAn information security alphabet soup
We work in an era where employees are tethered virtually to their jobs through technology. Increasing demand for easy-to-use, highly available technologies that can be accessed from anywhere have contributed to an explosion of cloud service adoption. In a world where Software as a Service (SaaS) is becoming just one of many "technology as a service" offerings, businesses are seeking assurance that their data will be secure.
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Seven things you should know about arbitration clauses
Arbitration clauses are routinely added to commercial contracts, but often with very little reflection on the many strategic and tactical issues that should be considered. Further, there is a great deal of misunderstanding of the relative benefits and detriments of arbitration as compared to resolution of disputes in the courts. This article provides a nonexhaustive list of issues that may help answer these questions.
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checklistGC Q1 checklist: How do you stack up on this vital to-do list?
Anno domini 2014. Some called it the year of "social media engagement." Others call it the Year of the Horse. To others it may seem like just another year, with an endless list of tasks to complete. To make sure some of those tasks haven't slipped through the cracks, we thought we'd give you a few reminders. Think of this as a partial Q1 checklist.
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In-house perspectives


Elizabeth Koniers BrownIt's not easy being green: Environmental law for in-house counsel
April 22 marked the 44th Earth Day celebration. Since that first day honoring our environment, many important legislative acts have been passed protecting the environment. While these giant steps forward are significant achievements worth celebrating, the continuing regulations and updates are something every corporate counsel must contend with. Environmental lawyer Elizabeth Koniers Brown shares what every in-house counsel should be aware of each day of the year.
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Legal insights


Jeremy ByellinWatch for changes in patent litigation: Teva vs. Sandoz
At the end of March, the Supreme Court agreed to review Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. The case is a patent infringement dispute between Teva, a pharmaceutical company that markets the multiple sclerosis drug Copaxone, and companies marketing generic versions of Copaxone. The Supreme Court's decision in this case, which is likely to come down next term, will have a significant impact on patent litigation of all kinds.
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Know-how corner


Whistleblower compliance for private companies; cybersecurity standards; final rules on employer mandate
Do you need to revisit your internal compliance policies and procedures after the recent Supreme Court ruling extending the whistleblower protections to certain nonreporting company employees? Plus why counsel should confer with executive management following the recently issued final Framework for Improving Critical Infrastructure Cybersecurity, and the transition relief available on the employer mandate for employers with fewer than 100 employees.
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This month's top 10


keyboardTop ten risk allocation pitfalls to avoid
If you're a transactional attorney, chances are you regularly negotiate risk allocation provisions. Contractual risk allocation tools are powerful, and therefore commonly subject to negotiation and litigation. However, counsel often overlooks or misjudges the provisions' complexities and impacts. This article gives ten key tips to avoid common risk allocation drafting pitfalls and achieve legal and business objectives.
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