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Corporate Counsel Connect collection

May 2015 edition

In this issue

Featured insight


flowersHere it comes: Time for a rebirth of the legal profession?
I live in the Washington, D.C. area; I'm writing this in spring, when the entire region is all about the cherry blossoms. Part of the magic is that even though we know that the trees will bud again each spring, there is something almost primitive about celebrating the end of winter and witnessing the rebirth that these amazing spring blossoms signify. This annual cycle of birth, maturity, decline, and rebirth got me thinking about the legal profession and the changes it's cycling through, as well.
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Best practices


boardroomBreaches in the boardroom: What directors and officers can do to reduce the risk of personal liability for data security breaches
Corporate directors and officers may increasingly be targets of shareholder derivative lawsuits in the wake of the surge of regulatory actions and private litigation around data breaches. While no individual directors and officers have been held liable for the costs of a data breach to date, such lawsuits have been filed. The risk of individual liability can be mitigated by taking proactive measures.
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email woesHillary Clinton's e-mail woes: A lesson in managing employee IT use
Hillary Clinton is the target of criticism for use of a private electronic mail system during her tenure as United States Secretary of State. Critics contend she raised important network security and government transparency concerns; Clinton argues that her actions were consistent with the current information technology policies and procedures. This controversy highlights the important information technology management challenges raised for organizations by the highly popular BYOD strategy.
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In-house perspectives


Cedric ChaoOutside your (U.S.) comfort zone: Why you need to understand international arbitration
With a single contract, your company just expanded its footprint into a new country. Accordingly, corporate counsel dealing in cross-border transactions must develop a good understanding of international arbitration and how it can benefit your organization. Corporate Counsel Connect had the chance to speak with DLA Piper's Cedric Chao regarding the choice to forego litigation and direct parties to international arbitration for dispute resolution.
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Legal insights


Jeremy ByellinThe Year of Employment? SCOTUS docket heavy with major employment issues
The Supreme Court's current term has seen a number of employment law cases. While we just saw how the court ruled regarding the Pregnancy Discrimination Act, two other major employment law cases are coming up: Mach Mining, L.L.C. v. Equal Employment Opportunity Commission (EEOC) and EEOC v. Abercrombie & Fitch Stores. Get a preview of the cases and their issues now.
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Know-how corner


Preserving privilege in an internal investigation; Expanded shareholder proxy access; New definition of "spouse" under the FMLA
The recent U.S. District Court decision that emphasizes the importance of taking precautions at the outset of an internal investigation to preserve attorney-client privilege. Plus recent developments that have been fostering the expansion of public company shareholder proxy access rights, and the Department of Labor's final ruling redefining "spouse" in terms of eligibility for FMLA leave.
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This month's top 10


man with iPadTop 10 e-discovery U.S. trends in 2015
The overarching theme for 2015 in e-discovery will be continuity. It is highly unlikely that the market will develop game-changing, net-new e-discovery innovation, but some of the early advancements are now becoming normal, familiar processes. 2015 will also see new, more advanced areas of risk. Data security, privacy concerns, social media, and mobile data have taken center stage and made a big impact for e-discovery. Both expertise and technology have begun to rise to meet these needs.
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