Although working in-house was Julie Lennon's original plan when she went to law school, it wasn't until after almost 20 years in private practice that she finally made the move in-house.
Unless defense counsel objects to the PSR and presents substantial evidence to rebut the PSR's loss calculation, federal district judges are likely to accept the PSR's overstated loss calculations at sentencing. Here's how to address it.
The U.S. Department of Justice and the U.S. Securities and Exchange Commission have encouraged companies to include FCPA audit rights as part of a robust compliance program. GCs tasked with drafting a right-to-audit clause should consider the following.
The average compensation for general counsel at large Texas companies declined by 8.1 percent in 2013 compared to 2012 but still is more than double the average profits per partner at the 25 highest-grossing firms.
General Counsel are Lawyers "Plus." Knowing the law is only part of the job. The rest is in understanding the all too human dynamics that make a company go tick-tock.
Rather than wait for the SEC to establish the proposed rules for implementation at the federal level, twelve states have gone ahead and adopted their own intrastate crowdfunding rules, and Texas is lined up to be number thirteen.
What is the U.S. Department of Justice's next move to avoid prosecuting a corporation and its leaders? This time it's the restitution and remediation agreement.
During the 2.5 years that Miniex has been GC, she has drafted the HHA's first whistleblower policy and an addendum to the agency's lease agreements which prohibits smoking in HHA properties—both adopted by the agency's Board of Commissioners—and streamlined the residential eviction process from 12 to 3 months.
Issues of attorney-client privilege pervade a general counsel's life. Let's look at some new cases—some with good news and some with not so good news.
The court's opinion acknowledges that it has left "gap-filling" to the lower courts—perhaps meaning years of ongoing disputes in the lower courts to provide needed clarity.
Depending upon the importance and the magnitude of the amounts at stake, it may be worth spending more time to draft a prevailing party provision that specifically sets forth the intentions of the parties.
The Texas Supreme Court recently ruled how to construe the term "plaintiff" in the context of claims against design professionals and under what circumstances a Certificate of Merit is required.
"The legal compliance issues for contracts for drugs that go into humans are very complicated," said Andrew Strong, the president, CEO and general counsel of Kalon Biotherapeutics.
Expert. Vested. Friend. To Andrew Strong, general counsel of Kalon Biotherapeutics, these are the three most important criteria in selecting outside counsel.
For those of you who have perfected the stiff arm, you may be missing an opportunity. There is both good practice and the potential of value hidden among cold calls.
For clients with estate and gift tax exposure, the low AFRs afford opportunities for big returns through the use of various techniques designed to shift wealth from senior family members to younger family members.
Replicating the bundles of benefits included in marriage requires consideration for all aspects of the relationship, from division of possessions to death.
This past January, the Texas Probate Code was incorporated into the Estates Code and all forms were changed to reflect as much.
The U.S. Supreme Court's decision in National Labor Relations Board v. Noel Canning impacts NLRB decisions issued over 18 months.
A lucky break turned into a great career move for Todd McTavish, senior vice president, general counsel and chief compliance officer of Multimedia Games Inc.
Todd McTavish, senior vice president, general counsel and chief compliance officer of Multimedia Games Inc. in Austin., answers questions about best practices.
It's summer and time for the Work Matters annual summer book review. So, get out the sun lotion, pack up the beach bag and fire up the e-readers.
Given the result from the Fifth Circuit in Frac, employers should review their existing policies with their counsel and consider whether employees might reasonably conclude that any of those policies infringe on their right to engage in concerted activity.
If one low-level employee has the PHI of 500 individuals on a laptop computer that is stolen by identity thieves and the employee does not report the theft for 30 days, he could single-handedly subject the company to a $1.5 million fine.
Here are five questions the legal department should ask when drafting agreements, with an eye toward making them enforceable.
Spurred by strength in energy deals and financings, seven Texas firms made the charts in "Corporate Scorecard 2014," The American Lawyer's rankings of the nation's top dealmakers in 2013.
The following deals, involving at least one Texas-based company, were announced in 2013.
In three years the company has grown from about 80 employees when Benton joined as GC in 2011 to about 460, said Benton.
Go beyond basic searching to unlock the goldmine of information in SEC filings.
The Sixth Circuit's view that the workplace is no longer a physical location but now "anywhere that an employee can perform her job duties" will have wide-ranging consequences for an employer's accommodation obligations under the ADA.
How much is an employee's physical presence in the workplace really worth to employers? Throw into the mix an employee claiming coverage under the Americans with Disabilities Act and the law's recent amendments, and the situation only gets thornier.
"When you look at a group like ours, we can buy equipment and supplies much cheaper than the guy with his own office; it's just pure buying power," said Justin Puckett, general counsel and executive vice president of MB2 Dental Solutions in Carrollton.
Here is author George Saunders: "What I regret most in my life are failures of kindness. Those moments when another human being was there, in front of me, suffering and I responded ... sensibly, reservedly, mildly."
Patent families can reduce costs associated with obtaining patents, increase the number of patents obtained and increase the claimed scope of patent protection.
If companies presented a unified front and acted collectively to negotiate a grand bargain, the NPE would likely lose its level of control and its steady stream of licensing revenue.
What GCs need to know about brand-building and successful trademark protection and enforcement.
Analysis of how different departments assess the importance and effectiveness of their legal departments sheds light on how we might think about serving the whole company more effectively—one client at a time.
A few of the company's recent projects include serving as general contractor for additions at Dell Children's Medical Center in Austin, the University of Texas Naveen Jindal School of Management in Richardson and the Kimbell Art Museum in Fort Worth.
Tonya Johannsen, general counsel for The Beck Group in Dallas, said there are three criteria, including subject matter expertise, that she considers when selecting outside counsel.
It's praised by some practitioners and viewed skeptically by others, but it's still an arrow in the general counsel's quiver.
If a trial court can resolve by summary judgment that one of the two procedural protections occurred, the burden of proof shifts from the defendant to the plaintiff.
The new regulations covering disabled workers require covered federal contractors to set a hiring goal of 7 percent disabled workers in each job group.
What a U.S. employer would consider a bonus, some countries may count as base compensation.
More recently, Texas courts have declined to follow the employee choice doctrine and have refused to enforce forfeiture clauses that fail to comply with Texas law governing noncompete agreements.
Jenny Gray's biggest challenge this past year was one familiar to many lawyers: keeping up with the latest news on implementing the Affordable Care Act (ACA).
Jenny Gray, general counsel and compliance director for Brinson Benefits in Dallas, wants outside counsel who anticipate the impact of their advice on her company's business.
Is it safe to go into work at the law department? Wellpoint is the second major company in recent months to dismiss its general counsel in a surprise move. And a third big-company GC is under fire.
Contrary to his bad rap, Niccolo Machiavelli is not a Dr. Evil, and "The Prince" is not a version of "Evil for Dummies." Its lessons for GCs and for the executives they counsel are timeless.
Sens. Tom Carper (D-Del.) and Roy Blunt (R-Mo.) are taking aim at retailers with new legislation intended to improve safeguards for consumer information, following recent revelations about data breaches at Target Corp. and Neiman Marcus Group Ltd.
Can gas companies share the cost of removing injected carbon dioxide as a part of enhanced recovery operations with royalty owners as a postproduction cost? Or is the cost is actually a production cost that gas companies cannot deduct from royalty owners' share?
Global liquefied natural gas projects are booming, and construction of onshore LNG facilities is a hot topic. Lawyers for operators and contractors should consider certain recurring themes in large-scale, onshore, stick-built LNG projects.
While solar energy projects have been prevalent in California, Arizona and New Jersey for many years, large scale solar development is just now gaining a foothold in Texas.
Ernesto Garcia's job spans the globe. He's the vice president-legal, general counsel and corporate secretary for BBVA Bancomer USA Inc., which provides cross-border money transactions.
Ernesto Garcia, vice president - legal, general counsel and corporate secretary for BBVA Bancomer USA Inc., explains what he considers most important when selecting outside counsel.
A Tao mindset consists of broad aphorisms, eschewing narrow and legalistic concepts and rules. Wisdom is self-generated, not imposed. So, with apologies to Lao Tzu, here is the Tao of termination.
All compliance professionals, even those who have never even seen a baseball game, can learn something from the true story about how in 2002 the struggling Oakland Athletics team made more with less. And won. A lot.