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Corporate Counsel

Practical Guidance for Minimizing FCA Exposure After 'SuperValu' and 'Polansky'

The Supreme Court decided a pair of False Claims Act cases last year that collectively expand both the corporate risks of FCA liability and the opportunities to defeat potential FCA litigation.
9 minute read

Corporate Counsel

Your First 100 Days as GC: How to Expand Your Impact in a New Organization

Upon taking office, President Franklin D. Roosevelt got right to work creating and passing legislation to alleviate Americans' suffering caused by the Great Depression. His very productive first months in office—now known as The First 100 Days—set a precedent for leaders who want to make an impact quickly.
5 minute read

Corporate Counsel

What Every General Counsel Should Know Before Doing a Spin-Off

Spin-offs are an attractive option for a public company looking to rationalize its portfolio and unlock shareholder value. At the same time, they are monster transactions that play out over a long timeline, all under strict tax rules that impact every step of the process. This article addresses what every GC should know when their Board starts talking about a spin-off.
6 minute read

Corporate Counsel

New ACC CLO Survey Offers Important Board Guidance

Major board take-aways from this year's Survey include (i) indications of a decline in the CLO's leadership - level role and influence, and (ii) increasing pressures on legal departments "to do more with less." Both are particularly relevant to the board's oversight responsibility – and of concern to the CLO.
6 minute read

Corporate Counsel

2024 ESG Outlook: Key Trends to Follow

Given ESG's dynamic nature, it is particularly important that general counsel track changes and plan for potential impacts. This piece will cover key trends for companies to consider as they prepare for the year ahead, including developments related to the ESG regulatory space, DEI programs, artificial intelligence (AI) and supply chains.
7 minute read

Corporate Counsel

Foreign Extortion Prevention Act (FEPA): How the New Law Creates Legal Risks and Opportunities for International Businesses

FEPA will amend the domestic bribery statute (18 U.S.C. § 201) to make it a criminal offense for foreign government officials to solicit or receive bribes from any person in the United States, any issuer, or any domestic concern.
9 minute read

Corporate Counsel

How to Show the Real Value of Your Litigation Team

One of the most difficult aspects of working in-house as litigation counsel is demonstrating value to the company. Put another way, that means making it clear you are more than a cost center.
7 minute read

Corporate Counsel

AI's Blueprint for Hiring Your Next General Counsel

I've been playing with ChatGPT. I asked the AI tool to list its best practices for companies to follow when hiring a General Counsel. It's actually a pretty good starting point. The only thing missing from the list is "Hire a Search Firm."
3 minute read

Corporate Counsel

Biden's AI Executive Order: 6 Actions for Legal Leaders

While embedding the principles of this recent executive order into AI governance and risk management should be an enterprise-wide effort, legal has a significant role to play. In this article, we discuss six actions legal leaders should take to help their organization generate value from AI and adapt to an evolving regulatory landscape.
7 minute read

Corporate Counsel

Did California Defeat the Non-Compete?

What employers may not realize is that if the Courts uphold the recent California laws, then California has the ability to invalidate any non-compete agreement that an employer signs with an employee.
6 minute read

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