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February/March 2010

Fraud in a Downturn

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Governance

Lessons from the Crisis About Governing Financial Institutions

Failure of financial institutions to cope with forces that led to the economic crisis of 2008 was to a great extent a failure of their boards.
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Intellectual Property

Eight Pitfalls in Software Licensing Agreements

A company licensing software from a vendor should not accept the boilerplate agreement that is typically provided.
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Human Resources

Plan White-Collar Downsizing Carefully

Reductions in force frequently spawn employment litigation, but careful planning can prevent it.
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E-Discovery

A Proactive E-Discovery Process for Multinationals

Multinational companies have an especially difficult challenge in responding to an e-discovery request.
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Point-Counterpoint: Is There a Global Warming Crisis?

Skadden Arps attorney Ken Bialkin and David van Hoogstraten face off.
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Self-Insureds Can Often Recover Losses

It may make financial sense for a company to self-insure, but that doesn’t mean it should absorb casualty losses caused by third parties.
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Change Leaders Will Be the GCs of the Future

The authors use information from their company’s recent survey of 300 chief legal officers to set criteria that distinguish an excellent general counsel from one who is merely adequate.
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In Some Deals, Choice of Law Could Matter a Lot

The authors pose hypothetical situations in which deals involve representations and warranties that turn out to be false.
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Don't Get Burned By Boilerplate

Problems can arise when so-called boilerplate contract provisions are not modified to account for changes in the law.
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State AGs Increasingly Active in Data Breach Cases

After a dramatic increase in the number of data-breach incidents in recent years, state attorneys general have become active in data-breach investigations and enforcement actions.
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Keep the E-Discovery Virus Out of International Arbitration

The U.S. litigation system has long been marred by obstructive and expensive discovery tactics, and now in the era of electronically stored information things have become worse.
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E-Discovery is Just One Cog in the Machine

Companies continue to keep information they should destroy, destroy information they should keep, disclose information they should hold close, and lose information they should protect.
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Enhancing Business Relationships Through Budgeting and Forecasting

For “cost center” functions like law departments, budgets and forecasts are among the most effective ways to connect corporate and department strategy to case management tactics.
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