Inside Track: The Future of Telework for In-House Counsel. Plus, How Coronavirus Has Changed Legal Department Priorities.
A GC claiming to have been fired for asking to work at home while living in an area under a shelter-in-place order shows some employers may have a hard time accepting telework now and post-pandemic. Also, legal departments are trying to stay on top of their list of priorities for the year prior to COVID-19 while creating new priorities as a result of the coronavirus.
April 29, 2020 at 06:05 PM
7 minute read
A general counsel says she lost her new job last month after asking her boss to comply with stay-at-home orders.
That's what Amy Reggio claims in a wrongful termination lawsuit, alleging that her employer of three months, commercial real estate development firm Tekin & Associates near Dallas, refused to let her fulfill her GC duties from home after the area was ordered to shelter in place amid the COVID-19 pandemic.
"Unfortunately, although employees want to abide by the legal restrictions and protect the health of their families and communities, some employers are flouting the restrictions and threatening (whether implicitly or explicitly) with termination unless they agree to violate the law with criminal consequences," the suit states.
The novel coronavirus has many employees working from home, including in-house counsel, so this lawsuit begs the question: Will companies be open to telework when everything returns to normal?
Corporate Counsel recently spoke with Mark Smolik, GC and chief compliance officer of DHL Supply Chain Americas, who said his company is constantly making decisions on who can stay home and who can't in order for work to get done, an issue many employers are handling now.
"Those orders have to be reviewed and evaluated to decide who can go to work and under what circumstances," he said. "We need to make sure we can continue to operate our warehouses."
As companies and their in-house counsel figure out updated work-from-home policies, we may see more fallout over companies allegedly not altering policies for our altered environment.
Is your legal department revamping your company's telework policies due to COVID-19? Please let me know at [email protected].
SPONSORED BY ALM
Coronavirus (COVID-19) – Quick Reference Guide This Coronavirus (COVID-19) reference provides info, tips, and tricks for this global pandemic. Use this quick reference to learn the basics and to understand how to identify the symptoms of the Coronavirus. This printable quick reference is yours to use, distribute, and share at your organization! Along with this free reference card, you will also receive more information from CustomGuide regarding their innovative interactive training and learning solutions to help improve the software skills of you and your staff for success in today's workplace. READ MORE
We know that general counsel, on average, view compliance as the single most important issue to the overall business, so it is especially noteworthy that this is one of the areas in which legal operations professionals are having the greatest impact.
- The 2020 Legal Operations Maturity Benchmarking Report published this week by the Association of Corporate Counsel and Wolters Kluwer Legal & Regulatory.
|
What's Happening
Lawyering in Health Crisis
Health care GCs are feeling the brunt of the coronavirus pandemic as their employees are on the front line of providing necessary services for patients. Corporate Counsel spoke to two GCs about what they are currently seeing in their legal departments.
Luminis Health GC Timothy Adelman says: "We have been actively planning for the surge. In the coming weeks, we anticipate feeling the stress of that surge. It will impact our workforce, supplies and our physical space. Following the surge, we will need to refocus ourselves on what is the new normal."
Summa Health System GC Robert Gerberry says: "We are being asked to provide legal opinions in a more-expedited fashion. Lawyers are usually more plodding in their pace. You know, something is stuck in legal … and now we have to meet our client's needs in a very timely fashion."
Legal + Compliance = 1 Department
Airplane maker Boeing has consolidated its legal and compliance departments. Still in recovery from the crash of two of its 737 Max airliners that resulted in hundreds of deaths, the company said the novel coronavirus has forced it to "streamline senior leadership."
GC Brett Gerry was named chief legal officer and executive vice president of global compliance. Gerry, who previously served as president of Boeing Japan, was named GC last year amid the backlash of the plane crashes. Boeing announced that chief ethics and compliance officer Diana Sands was retiring later this year after 20 years.
Priority Status
In-house counsel haven't rearranged their top priorities due to the coronavirus crisis, according to an updated survey from Thomson Reuters' Legal Tracker and subsidiary Acritas.
Interviewing 600 U.S. senior in-house legal counsel in late 2019, the research teams circled back with the respondents and found projected 2020 priorities for GCs hadn't "gone completely out the window" amid the COVID-19 outbreak.
|
Women, Influence & Power in Law Awards
Corporate Counsel's Women, Influence & Power in Law Awards awards deadline for submissions is July 8.
We are looking for general counsel and law firm partner applicants in the following categories:
Crisis Management: Industry – General Counsel Banking & Finance Insurance Transportation & Infrastructure Manufacturing & Chemicals Technology, Media & Telecom Retail & Consumer Goods
In-House & Law Firm Awards Innovative Leadership Thought Leadership Collaborative Leadership Women's Legal Awards General Counsel of the Year/Managing Partner of the Year Lifetime Achievement
If you know a general counsel or law firm partner who qualify for a WIPL award, then please apply here.
|
Best Legal Departments
Corporate Counsel's Best Legal Departments awards deadline for submissions is June 15.
We are looking for general counsel and in-house legal department applicants in the following categories:
U.S. Legal Department of the Year
Compliance Department of the Year
Startup Solo GC of the Year
Best Use of Technology
General Counsel of the Year
Best Deputy or Associate GC
Champion of Diversity Award
Best Legal Ops Team
Outstanding Community Service Award
If your general counsel and legal department qualify for a Best Legal Departments award, then please apply here.
|
On the Move
|Richard Weber, formerly the chief of the criminal investigation division for the IRS who oversaw the FIFA corruption and Silk Road online drug trafficking cases, is taking over as GC for the New York State Department of Financial Services. He also held in-house financial crime prevention positions at Deutsche Bank and UBS.
Crowdfunding platform Kickstarter named Uber Technologies lawyer Nicole Benincasa GC. Most recently the senior counsel of global safety for Uber in New York, Benincasa made the announcement on LinkedIn that she was taking over as Kickstarter's top lawyer next month.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllInside Track: How 2 Big Financial Stories—an Antitrust Case and a Megamerger—Became Intertwined
Inside Track: Lawyers for Big Tech Give Harris Benefit of Doubt, Despite Pummeling They Took Under Biden
Inside Track: Late-Career In-House Leaders Offer Words to Live by
Inside Track: ESG Movement Hits 'Teenage Years,' Testing Companies' Resolve
Trending Stories
- 1How to Support Law Firm Profitability: Train Partners Up
- 2Elon Musk Names Microsoft, Calif. AG to Amended OpenAI Suit
- 3Trump’s Plan to Purge Democracy
- 4Baltimore City Govt., After Winning Opioid Jury Trial, Preparing to Demand an Additional $11B for Abatement Costs
- 5X Joins Legal Attack on California's New Deepfakes Law
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250