In-House Counsel – Page 25

JDSupra

FDA Finalizes Guidance on Informed Consent in Clinical Investigations: Ensuring Compliance and Patient Rights

Pieter Gunst3 years ago03 mins

Providing clarity on patient rights for informed consent in clinical investigations, the US Food and Drug Administration (FDA) has issued its final guiding document as of August 15, 2023. Titled ‘Informed Consent: Guidance for IRBs, Clinical Investigators, and Sponsors’ (final guidance), this decisive documentation finalizes, with new examples and minuscule updates and alterations, the FDA’s…

JDSupra

Labor Law Shakeup: Proposed Increase of White-Collar Exemption Salary Threshold to Impact 3.4 Million Workers

Pieter Gunst3 years ago03 mins

In a significant proposal from the US Department of Labor, the Federal Labor Standards Act (FLSA) may undergo a critical adjustment, looking to increase the white-collar exemption salary threshold for employees to qualify as exempt. The Notice of Proposed Rulemaking, announced on August 30, 2023, outlines this considerable boost, which elevates the cap from $35,568…

JDSupra

Minnesota Bankruptcy Court Upholds Non-Compete Clause, Protecting Franchisor’s Interests

Pieter Gunst3 years ago03 mins

In a recent case, a Minnesota bankruptcy court made a significant ruling that is of particular consequence to legal professionals dealing with franchise law. The court granted Fantastic Sams, a well-known hair salon franchise, a preliminary injunction against a former franchisee. The plaintiff was operating four new hair salons, which the court found to be…

JDSupra

Data Breach at Advance America: Legal Ramifications and Lessons in Cybersecurity

Pieter Gunst3 years ago02 mins

On September 1, 2023, a notable data breach occurred at ACSO of Texas, L.P., trading as Advance America. The company filed a notice of data breach after realizing an unauthorized entity had gained access to confidential consumer information within its IT network. This breach impacted 278,491 Advance America customers in Texas, marking a significant violation…

JDSupra

Unlocking E-Discovery Strategies: ACEDS Webinar Analyzes Sedona Small Law Firm Guide

Pieter Gunst3 years ago02 mins

High profile business litigations and the success of small e-discovery cases often involve fascinating interplays of various complex legal strategies. This September provides an excellent opportunity to delve into these intricate relationships, as ACEDS Advisory Board Members are scheduled to analyse the Sedona small law firm guide to e-discovery on the 15th, at 2:00 pm…

Law.com

Navigating Legal Hurdles: The Highs and Lows of Working as In-House Counsel for Elon Musk

Pieter Gunst3 years ago02 mins

Work for Elon Musk: opportunity of a lifetime or accelerated path to gray hairs? It’s a thought-provoking question for attorneys, considering the innovative brilliance and sometimes perplexing mannerisms of the billionaire mogul. Musk’s dynamism propels some of the world’s most avant-garde companies, a characteristic that aspirant in-house counsel might find irresistible. But this comes with…

Bloomberg Law

AI Advancements and the Legal Industry: The Growing Role of In-House Counsel

Pieter Gunst3 years ago03 mins

In-house counsel are taking a proactive approach as they stand at the forefront of addressing how to engage with emerging artificial intelligence (AI). Recognizing how they can benefit from AI while being aware of and mitigating against potential legal pitfalls these new technologies may create has become a critical area of focus for legal practitioners….

Above the Law

In-House Counsel Compensation Survey: Analyzing Trends and the Gender Pay Gap in the Legal Industry

Pieter Gunst3 years ago02 mins

Above the Law annually publishes a comprehensive report about in-house lawyers’ compensation. As a part of this annual custom, it is once again time to collect data for this year’s report. If you are an in-house attorney interested in participating, you are kindly requested to contribute by completing a brief, completely anonymous survey. Central to…

JDSupra

Federal Circuit Reviews “Sum Certain” Requirement for Contract Disputes with US Government

Pieter Gunst3 years ago03 mins

In a notable decision, the U.S. Court of Appeals for the Federal Circuit has reviewed the application of the Contract Disputes Act’s (“CDA”) requirement for claims to state a “sum certain”. The case, ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), posed vital questions regarding…

The American Lawyer

Discrepancy in Contract Turnaround Times Strains Latin American Corporate Legal Departments: ODDS Legal Survey

Pieter Gunst3 years ago01 mins

A recent survey indicates a significant discrepancy in the expectations for contract turnaround times within corporate legal departments in Latin America, potentially raising tensions among business sectors. The study was conducted by ODDS Legal, a consultancy for legal operations. The survey involved interviewing 72 in-house counsels from Argentina, Chile, Colombia, Ecuador, Mexico, Peru, and Spain….

JDSupra

Surgical Robot Liability: The Emerging Legal Landscape for Healthcare Providers and Manufacturers

Pieter Gunst3 years ago03 mins

In an intriguing shift away from conventional thinking, there has been recent discussion concerning product liability lawsuits pertaining to surgical robots. While it’s common to envision liability suits from patients after unsuccessful operations, it’s considerably less common to consider potential claims from healthcare providers over injuries sustained while operating these technological wonders. Shook, Hardy &…

JDSupra

NYSE and Nasdaq Mandate Compliant Clawback Policies by December 2023: Implications for Corporate Governance

Pieter Gunst3 years ago03 mins

In an effort to enhance corporate governance norms and ensure fair market practices, both the New York Stock Exchange (NYSE) and Nasdaq have mandated that issuers must adopt compliant clawback policies by December 1, 2023. This pertinent development, recognized in a recent write-up by Snell & Wilmer, necessitates immediate attention from corporations and law firms…

The American Lawyer

Stephenson Harwood Assembles Multidisciplinary Compliance Team in Paris Amid Rising Regulatory Complexity

Pieter Gunst3 years ago01 mins

In reaction to heightened client demand for counsel on issues such as white-collar investigations, competition, litigation, and other compliance concerns, Stephenson Harwood has convened a multidisciplinary compliance team based in its Paris office. The composition of the team combines both existing lawyers from Stephenson Harwood and distinguished recruits from external institutions, including a compliance specialist…

Law.com

Emerging Trend: General Counsel to Special Adviser Shift in Corporate World

Pieter Gunst3 years ago01 mins

Reaching the role of general counsel (GC) has traditionally been seen as the pinnacle of accomplishment for in-house attorneys not looking to transition into other C-suite positions. This notion, however, is gradually shifting with a growing trend of GC roles paving the way for a special adviser position within the corporation. Seen as a strategic…

JDSupra

Navigating the SEC: Analyzing 2023 Enforcement Actions and Anticipating Future Shifts

Pieter Gunst3 years ago03 mins

For those interested in Securities and Exchange Commission (SEC) insights and enforcement actions, an upcoming hybrid event titled “Navigating the SEC: A 2023 Look Back and Look Forward” should not be missed. The esteemed presenters of the event, Sarah Morgan and Rebecca Fike, both partners at Vinson & Elkins LLP, will offer a deep dive…

JDSupra

Navigating AI Legal Landscape: Top Considerations for In-House Counsels

Pieter Gunst3 years ago05 mins

In the rapidly evolving legal landscape of artificial intelligence (AI), privacy, and data protection, in-house counsels play a critical role. This role often involves a careful balancing act between legal requirements, regulatory guidance, and business needs. As AI becomes increasingly pervasive in everyday business functions, counsels must proactively address potential privacy and data protection issues…

Above the Law

In-House Counsel Transition: A Pathway to Confidence and Affirmation for Legal Professionals

Pieter Gunst3 years ago03 mins

One of the perks of transitioning to in-house counsel, according to a recent article on Above the Law, is the sense of affirmation and satisfaction that comes with the role. The author of the article, Meyling “Mey” Ly Ortiz, is currently in-house at Toyota Motor North America. She expresses her experiences in Biglaw where perfection…

Above the Law

Crypto Exchange Founder Leans on ‘Advice of Counsel’ Defense in Fraud Trial: Implications for the Legal World

Pieter Gunst3 years ago03 mins

FTX crypto exchange founder, Sam Bankman-Fried, is expected to employ an ‘advice of counsel’ defense tactic in his impending fraud trial. The heart of this strategy is to assign the blame, for the alleged illegalities, to what he sees as dubious advice provided by in-house counsel and a notable Biglaw firm. In essence, Sam Bankman-Fried…

Law.com

Companies Risk Lawsuits Amid Deeper Scrutiny of Diversity, Equity, and Inclusion Programs

Pieter Gunst3 years ago01 mins

Companies striving to enact diversity, equity, and inclusion (DEI) programs are coming under scrutiny, as practices are discovered that could potentially incite lawsuits. Law firms have found that some corporate efforts have inadvertently taken the form of discriminatory preference for certain groups, such as racial quotas and ill-equipped hiring managers who misinterpret ‘diversity’ as means…

Above the Law

Law Firms and Generative AI: Striking the Balance Between Innovation and Ethics

Pieter Gunst3 years ago05 mins

Law firms today face a critical decision: to embrace or ban the use of generative Artificial Intelligence (AI). The debate is fuelled by concerns and anticipation about the evolving role of AI in legal processes. One law firm partner recently admitted to banning the use of ChatGPT in their firm, a decision that might not…

Law.com

Retired Judge Joseph Greenaway Advocates for Diversity and Progress in Legal Profession

Pieter Gunst3 years ago02 mins

In a recent interview with the National Law Journal, retired federal appellate Judge Joseph A. Greenaway Jr. shared his thoughts on diverse aspects of the legal profession. Judge Greenaway, who recently retired, is joining Arnold & Porter Kaye Scholer next month. Appointed to the U.S. Court of Appeals for the Third Circuit in 2010 by…

JDSupra

Standing Established in Lawsuit Over Benzene-Tainted Dry Shampoo: Implications for Consumer Goods Class Actions

Pieter Gunst3 years ago02 mins

In our Weekly Notable Ruling Roundup, we strive to keep our professional legal audience informed on recent decisions in relevant sectors. Today, our focus is primarily on the food & consumer packaged goods space. Firstly, in Magdalena Bojko, et al. v. Pierre Fabre USA Inc., No. 22-cv-06728 (N.D. Ill. – June 27, 2023), the Northern…

Other

Navigating Legal Complexities: In-House Counsel’s Guide to AI and Intellectual Property

Pieter Gunst3 years ago03 mins

Generative Artificial Intelligence (AI) platforms and large language models are transforming organizations, altering traditional work norms and increasing productivity. Yet, they also bring complex legal ramifications, challenging in-house counsel to navigate this novel landscape. This issue is particularly significant for firms with an enhanced need to shield their Intellectual Property. This precis aims to underline…

Navigating the Remote Landscape: Challenges and Opportunities for Corporate Legal Departments

Pieter Gunst3 years ago3 years ago03 mins

Amid the new age of remote work, corporate legal teams are grappling with the challenge of demonstrating their value and building strong, trustful relationships whilst out of the office, as highlighted in the recent ALM General Counsel Summit in Sydney. According to several statements articulated by prominent general counsels, remote working setups are likely to…

JDSupra

Cozen O’Connor Launches “Whistleblower Watch” for False Claims Act Updates and Analysis

Pieter Gunst3 years ago03 mins

The False Claims Act (FCA) has been a significant tool for combating fraud against the U.S. government. With the FCA allowing individuals (whistleblowers) who expose fraudulent behavior to potentially share in any government recovery, these exposures have become an important part of the regulatory environment. To help legal professionals stay abreast of the evolving landscape,…