The Audience Determines the Outcome
The same set of facts can produce dramatically different outcomes depending on who decides them. A serious injury case that carries substantial verdict risk before the right jury may resolve for a fraction of that amount before an experienced commercial arbitrator who has seen hundreds of similar claims. A contract dispute turning on statutory construction may b…
ALFA International Publications
Introduction: The Global Reality of Shifting Laws and Regulations Creates Volatility Without Borders
Businesses throughout the world have always had to manage regulatory risk. What is new is the velocity, breadth, and legal complexity of regulatory change in the current political environment. One leadership change can cause a firestorm of regulatory and statutory changes that can radically change …
Part I: AI in the Legal Department
A Practical Guide for In-House and Outside Counsel
I. Laying the Groundwork: How to Organize for AI Success
Generative AI tools are only as useful as the underlying materials, instructions, and controls surrounding them. Before an organization expands AI use, it should consider the following:
Organize source materials
Store contracts, leases, correspondence…
Introduction:
In-house counsel confronts enormous challenges in the evolving and increasingly complex world of legal discipline. Traditional legal departments with corporate and litigation silos are consolidating. Legacy business and legal boundaries are eroding. This outline and the accompanying in person panel presentation focus on a myriad of new developments challenging in-house legal departme…
Business Litigation Cases and Subjects in Which You Will Likely
Need an Expert
Antitrust
Patent
Products Liability
Securities / Securities Fraud
Unfair competition, trademark, and copyright disputes
Business Valuation Cases
Valuing equity
Business divorce cases
M&A disputes
Real estate appraisals / partitions
Investment Banking
Regulatory
Scientific / technical (e.g.…
Know the countries in which your company operates and understand the primary regulatory and statutory schemes with which your company must comply.
Understand when, where and how regulatory and statutory shifts can occur as it relates to your business.
Understand the legal risks presented to your company based on current operations and how potential shifts in regulations, regulatory enforcement…
INTRODUCTION
This paper focuses the differences between litigating those claims in a closely held corporation versus a limited liability company—a distinction that matters enormously in practice and that courts continue to work through.
Many of the issues we address also arise in Directors and Officers litigation for publicly traded companies, so this discussion has broader application than the c…
Trade Secrets and Preliminary Relief: The “Reasonable Particularity” Requirement and Strategies for Plaintiffs and Defendants
A plaintiff’s ability to adequately identify trade secrets that have allegedly been misappropriated has become an increasingly important and commonly litigated issue under the Defend Trade Secrets Act (DTSA) (and under state law equivalents as well).
In contrast to…
The Pitfalls of Pixels
Lawsuits are on the rise related to pixel tracking technologies such as Meta Pixel and Google Analytics, and consumer-facing businesses must take note. As digital platforms become more personalized and data-driven, businesses are faced with navigating a growing web of privacy laws and legal risks that accompany these tools.
The newest wave of consumer litigation impacting t…
Rapidly Evolving State Marijuana Laws
Once considered a taboo and illicit substance, marijuana has undergone a dramatic transformation over the past quarter century to now being legal (under state laws) in some form throughout most of the United States. As this trend of legalization continues, more and more states have implemented laws to protect workers from adverse employment actions due to thei…