GC New York 2010 Archives
FROM THE JUNE ISSUE
Privacy Policies
Emerging Privacy Issues in Bankruptcy
Too often companies make commitments regarding their information practices that fail to anticipate changes in business circumstances. A broad assertion in a privacy notice, which could limit or preclude a bankruptcy sale of customer lists, should raise red flags.
SPONSOR SPOTLIGHT
Discovery
How to Spend Less on Electronic Discovery
Just because data falls within the broad sweep of a litigation hold notice and will be preserved does not mean a company must necessarily collect and process it. By keeping irrelevant or duplicative material out of the vendor pipeline, companies can recognize significant savings.
FROM THE MAY ISSUE
Trade Secrets
Computer Fraud Act Aids in Trade Secret Protection
Courts are increasingly reluctant to find that the CFAA is a replacement for a federal trade secrets act, even where the theft involves electronic information. General counsel should work toward increasing the possibility that a federal court will find jurisdiction under the CFAA in the unfortunate, but increasingly likely, event that an employee does steal a company's trade secrets.
SPONSOR SPOTLIGHT
Regulation
Ergonomics Back in the Game: OSHA's End Run on Congress
Comfort-seeking keyboarders can buy ergonomic laptop mice, ergonomic desk chairs as well as ergonomic pens and coffee cups, but do they know the real power of the word?
FROM THE APRIL ISSUE
Transactions
Special Committees: Process Makes Perfect
As private equity has become more prominent in the mergers and acquisitions market and transactions involving significant conflicts such as take-privates, controlling shareholder and management buy-outs have increased, the Delaware courts have had the opportunity to develop a body of case law regarding special committee formation and process.
Electronic Evidence
Avoiding Sanctions Over Duty to Preserve Evidence
In late 2009 a federal District Court sitting in Orlando sent shockwaves through the in-house general counsel world. The case, Swofford v. Eslinger, is the first reported case to sanction in-house counsel for spoliation of electronic evidence.
FROM THE MARCH ISSUE
Insurance
Protection for In-House Counsel Under the Microscope
As in-house counsel continue to be examined, many conclude that in order to counteract threats of personal liability, an additional buffer from regulators, shareholders, outside third parties, and the corporate employer may be necessary.
Social Networking
Becoming Social: Issues in Creating Networking Sites
Once the decision is made to implement social media capabilities on a company's site, certain basic legal issues need to be addressed, including the potential liability of the Web site host for the actions and statements of users.
FROM THE FEBRUARY ISSUE
Employment
Severance Releases and International Employees
When two (or more) jurisdictions' employee-protection laws might possibly reach a single employee, a release tailored to the standards of just one of the jurisdictions leaves the employer exposed to a lawsuit filed in the courts of the other.
Litigation
Clearing the Way to Work Effectively With Outside Litigation Counsel
Beyond budgets, new software tracking systems and fixed fee arrangements, what role can in-house counsel play in maximizing the relationship with outside counsel?
FROM THE JANUARY ISSUE
Marketing to Kids in the Online Age
Despite the law's passage over a decade ago, despite all of the attempted education, and despite all of the previous enforcement activities, companies are still getting into hot water over Children's Online Privacy Protection Act violations.
Avoiding Purchase Price Adjustment Disputes
Even the best "bargain" acquisition can become a financial drain and a distraction if the transaction leads to disputes.
