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Corporate Counsel Connect collection

June 2017 edition

In this issue

Featured insight


Sterling MillerThe Insider: 10 things that can kill your in-house career
If you're like most in-house counsel, you've worked hard to get your position. You've probably asked the question: What are the things I need to do to get ahead here in the legal department? In this month's The Insider, Sterling Miller takes a different spin on career advice and shares his tips on how to avoid cutting your career short.
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Best practices


diversityTracking spending and diversity at PayPal and GE
From spending to diversity, companies such as PayPal and GE are tracking and measuring various aspects of the work they do with external counsel as it moves through their busy legal department – and it's putting law firms on their toes.
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Eve KonstanGeneral counsel profile: Eve Konstan, executive vice president and general counsel, Home Box Office, Inc.
Read why Eve Konstan, executive vice president and general counsel of HBO, says satisfying stakeholders is essential to legal department success. She shares her views on how to measure legal department success and what advice she would offer to a prospective general counsel.
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CLO's concernsChief Legal Officers Survey results reveal CLOs' biggest concerns
Between high-profile data breaches, managing budgets, and staying abreast of regulatory issues, chief legal officers (CLOs) have plenty to keep them up at night. These, and other concerns, become clear in the 2017 Association of Corporate Counsel (ACC) Chief Legal Officers Survey. Corporate Counsel Connect had the opportunity to talk with Iohann Le Frapper, chair of the ACC board of directors and general counsel at ChetWode, about some of the findings of this global survey, from the rise of legal operations to outside counsel relationships and more.
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Legal insights


Supreme CourtThe impact of Justice Gorsuch's presence on the Supreme Court
Justice Neil Gorsuch's recent ascension to the U.S. Supreme Court represents a definite shift in the potential outcomes for a number of cases currently on the Court's docket. For corporate counsel, what are some of the most significant ones where his impact will be most strongly felt?
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CaliforniaCalifornia's Automatic Renewal Law: Three recent decisions and what they mean for businesses
Yet another trial court has decided the question of whether California's Automatic Renewal Law (ARL) provides a private right of action. The answer is a resounding no. So where does this leave the state of lawsuits for automatically renewing plans for goods and services in California?
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Philip BerkowitzJapanese expatriates and U.S. discrimination lawsuits
Japanese companies often send trainees and other expatriates to the United States to hold positions for which they may not be as qualified as U.S. workers – yet, between salary and expatriate benefits, they may be paid substantially more than what the position would pay if it were offered to a local hire. U.S. laws prohibit employers from discriminating on the basis of, among other things, race or national origin. U.S.-based employees might claim that favorable treatment given to expatriates constitutes unlawful discrimination. The Friendship, Commerce and Navigation (FCN) Treaty between Japan and the United States may permit the Japanese parent to favor expatriate employees in these positions.
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Keeping up with compliance and risk


Craig EastlandRisk factors, pensions, and portfolio companies: How publicly traded private equity sponsors responded to Sun Capital
In March 2016, the District Court for the District of Massachusetts held two private equity funds responsible for the pension withdrawal liabilities of a portfolio company, thus establishing a new kind of liability for private equity sponsors. Eleven private equity sponsors are also SEC reporting issuers. We hypothesize that changes in the law would affect the SEC disclosures of these issuers, and provide insight into how a new risk factor develops.
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Know-how corner


Changes to FDA policy under the Trump administration • Protecting design features in useful articles • Tax opinion closing conditions
See why companies should expect major shifts in Food and Drug Administration (FDA) policy due to the deregulation aims of the Trump administration. Also, learn about a recent U.S. Supreme Court decision that clarifies the standard for copyrighting design features. Finally, read why merging parties should consider making changes to the traditional tax opinion closing conditions and preclosing covenants included in merger agreements, given a recent Delaware Supreme Court decision.
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This month's top 13


cyber securityThirteen recommendations for law firm cybersecurity practices
Is your legal department's sensitive information vulnerable to a cyberattack? It's a question many corporate counsel are wrestling with in the wake of reported data breaches at several international law firms. These data breaches should serve as a wake-up call for corporate counsel, and the answer may lie in new guidance from the Association of Corporate Counsel, which includes 13 sections – drawn from ACC legal department members' experience, data security audits, and existing best practices – intended to help ensure that sensitive client data remains confidential.
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