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Articles Posted in Clients

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As newly-arriving general counsel, should you bring along your former assistant (no) or use you predecessor’s (probably)?

Mark Roellig, the general counsel of Mass Mutual, has published several thoughtful articles recently about law department management. His latest appears in the ACC Docket, March 2012 at 53. Deep in the piece he mentions something a few readers might have encountered and offers some advice. If a company selects…

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A general counsel’s budget means little if the company wages war on all fronts, including litigation onslaughts

The slugfest of patent litigation unleashed by Apple related to Google’s Android operating system has proved to be frightfully expensive. Samsung, HTC and other companies are up in arms. Quoting Prof. Mark Lemley of Stanford Law School, Bloomberg BusinessWeek, April 2, 2012 at 63 said “these companies have paid their…

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If commercial law falls short of moral acceptability, what a tension that creates for in-house counsel!

A.C. Grayling, Ideas that Matter: the concepts that shape the 21st century (Basic Books 2010) at 63 discusses business ethics. Grayling states, matter of factly, that “the boundaries of legal permission in all capitalist economies lie outside those of moral acceptability.” If that statement is correct, that what lawyers can…

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As law departments spread offices around the globe, the patchwork of attorney-client privilege worsens management concerns [metapost attorney-client privilege II 13]

Office locations of in-house lawyers spring up alongside business units and executives. As the latter go global, so will their counselors. One management challenge arises from those foreign locations that this blog has discussed: the absence of attorney-client privilege (See my post of Feb. 16, 2008: attorney-client privilege with 18…

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More definitive than “bet the company” are “material cases” defined as influencing an investor to buy or sell stock

My writings on over-hyped “bet the company” litigation mostly has made the point that they are black swans (See my post of Oct. 27, 2011: bet-the-company with 8 references.). Which rare lawsuits fall into that cataclysmic category, where expense management flees, general counsel quake, and corporate futures hang in the…

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Hot lines vie with supervisors as equivalent sources of useful tips about possible wrong-doing

This blog has referred to hotlines a moderate number of times (See my post of Sept. 21, 2011: hotlines with 6 references.). Those anonymous reporting tools would seem to account for many of the disclosures of potential wrongs. Nevertheless, an article in Met. Corp. Counsel, Dec. 2011 at 38, draws…

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“Has the science of procurement management entered into the legal department?”

This question, asked of the chief legal officer of the Mayo Clinic, John Oviatt, elicited an interesting reply: “Very much so. Legal services are just one more of many shared services within an organization. That’s how the C-suite views it, and so I think having a close working relationship with…

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Client satisfaction surveys and employee morale surveys give more voice to the disgruntled and extreme views

In Charles Seife, Proofiness: How you’re being fooled by the numbers (Penguin 2010) at 108, a point is made that has bearing on the survey instruments in the header and their findings. “When surveys and polls depend on voluntary response, it’s almost always the case that people with strong opinions…