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March 01, 2004 | Corporate Counsel

Congress's Sentence Irks Judges

The amendment, named for its sponsor, Representative Tom Feeney (R-Florida), was quickly enacted last April without hearings and without input from the Judicial Conference of the United States, the policy-making arm of the federal judiciary. Supporters claimed the law was necessary because judges were increasingly setting sentences below ranges specified by the U.S. Sentencing Commission. The rate of so-called downward departures in federal criminal cases rose from 5.8 percent in 1981 to 18.3 percent in 200
4 minute read
April 07, 2011 | Corporate Counsel

Federal Judge OKs Rico Suit Against IBM Execs

A federal judge has refused to dismiss a massive RICO suit against four high-level IBM executives who are accused of swindling a Pennsylvania company into investing $12 million in technology projects.
5 minute read
June 03, 2009 | Corporate Counsel

Terrorism Ruling May Help Corporate Defendants Win Early Dismissals

A recent U.S. Supreme Court decision on a terrorism suspect's constitutional claims may help commercial defendants obtain pre-discovery dismissals of claims against them. The Court's decision in Ashcroft v. Iqbal should make it easier for defendants to win motions to dismiss commercial cases, especially in cases involving seemingly weak or speculative claims or where allegations of the defendant's knowledge or intent play a critical role, say attorneys Robert A. Schwinger and Eric Twiste.
8 minute read
January 10, 2013 | Corporate Counsel

ABA's John Stout Looks at the Future of Corporate Governance

John Stout, chair of the American Bar Association's corporate governance committee, thinks both parties in Washington D.C. can learn a thing or two from corporate America.
8 minute read
October 13, 2009 | Corporate Counsel

Time to Hang It Up: Dunkin' Chief Legal Counsel Steve Horn Is Out

Stephen Horn resigns from Dunkin' Brands, Inc.—which owns Dunkin' Donuts and Baskin Robbins—amid an uproar over franchisees accusing the company of an aggressive campaign to purge shop owners.
3 minute read
November 07, 2005 | Corporate Counsel

Behind the Win: Showing Jurors Merck's Good Side

Dechert's Diane P. Sullivan, the lead lawyer who won a defense verdict for Merck & Co. in the second Vioxx case last week, said her trial team's success lay in letting the New Jersey jury see "the kind of people Merck's scientists and doctors really are." Sullivan made news throughout the trial for her reportedly fiery demeanor in court with both the bench and co-counsel. "I like to try to consider myself passionate in the defense of the client I represent," she said.
4 minute read
June 19, 2013 | Corporate Counsel

In-House Counsel Go to Privacy Boot Camp

As news about U.S. government surveillance programs continues to unfold, the International Association of Privacy Professionals and University of Maine School of Law hosted a two-week privacy boot camp.
5 minute read
December 20, 2007 | Corporate Counsel

Lockheed Employee's YouTube Video Sounds Ethics Alarm

In 2003 Michael DeKort faced an ethical quandary. He thought his company's shipbuilding project for the U.S. Coast Guard was dangerously off-course. He was convinced that both sailors and national security were at risk -- but he couldn't persuade his superiors. When his concerns were ignored by managers up the line, he spent two years pursuing three separate internal investigations. Finally he contacted the press and elected officials -- to no avail. That's when he hit on a desperate gambit: YouTube.
18 minute read
May 29, 2008 | Corporate Counsel

InBev GC: Six Simple Rules for Winning My Business

Sabine Chalmers, the chief legal officer for InBev, the world's largest brewing company in terms of volume, has published a list on how to get and keep her business. And since billing is the area with "the greatest potential for conflict," she gave six rules for firms to follow.
6 minute read
June 29, 2007 | Corporate Counsel

How Philip Morris Tried to Use Federal Officer Removal Statute for Forum Advantage

One might think that a tobacco company would steer as clear as possible from the federal government. So when the Justice Department brought a RICO action against the industry seeking $280 billion, it is somewhat ironic that it would seek to remove a state court consumer fraud class action to federal court under the so-called federal officer removal statute. Yet that's what Philip Morris did. Law professor Georgene M. Vairo explains why a private company would want to label itself a federal agent.
9 minute read

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