Publication: Inside

Message From the Chair

Corporate Counsel Section Members: As I write this, I am halfway through my term as Chair and reflecting on my involvement in the Corporate Counsel Section. My involvement spans more than 15 years and includes prior service as Chair, Editor of Inside, House of Delegates representative, etc. As long as I can remember, an ongoing topic … Continued

Will the Extinction of Non-Compete Agreements Lead to More Trade Secrets Litigation?

One major purpose for non-compete agreements is protecting a company’s trade secrets and other proprietary and confidential information. By preventing former employees from working with competitors, non-compete agreements can be an effective tool in preventing the dissemination of trade secrets and other information to those competitors. Due to a new rule recently promulgated by the … Continued

The Corporate Transparency Act: What You Need To Know

The Corporate Transparency Act (CTA) took effect January 1, 2024. The CTA is designed to combat money laundering and other financial crimes by requiring a broad range of entities to disclose information about their owners and persons who exercise control to the Financial Crimes Enforcement Network (FinCEN), a bureau of the United States Treasury. Among … Continued

Avoiding Pitfalls With eDiscovery Vendor Engagement

Like every other aspect of the practice of law, electronic documents are an integral part of today’s discovery process. Today, almost all legal matters involve some type of data that needs to be collected, analyzed, and potentially produced. This is often seen as a daunting and potentially expensive process. Not only are there legal standards … Continued

‘Tales from Inside’ Webinar Series

On May 24, the Corporate Counsel Section (CCS)launched its “Tales from Inside” webinar series with a panel discussion on “How to Succeed as In-House Counsel.” The panel consisted of three members of the CCS’s Executive Committee: Joy Echer, associate general counsel, Foot Locker, Inc.; Naomi Hills, senior counsel at GlaxoSmithKline; and Anthony Radin, general counsel, … Continued

Scraping the Surface of Trade Secrets: Data Scraping and Artificial Intelligence

Earlier this year, X (formerly known as Twitter) sent Meta a cease-and-desist letter accusing it of hiring former Twitter employees and using those employees to learn the trade secrets behind Twitter’s platform.1 Meta was developing its new Threads platform, which would compete directly with Twitter. The focus of the accusations was Meta’s alleged misappropriation of Twitter’s … Continued

Privilege, Waiver, and Good Faith: False Claims Act Defense After Schutte

You are an in-house lawyer in a highly regulated industry. You do your best to interpret the complex regulations governing your company’s business with the federal government, but some of those regulations are unclear—some of them even conflict with each other. The False Claims Act (FCA) imposes liability on corporations for “knowingly” submitting false claims … Continued

Message From the Chair

Hello everyone, I hope this note finds you healthy, happy and pursuing your dreams. My name is Joy Echer and I am the 2023 chair of the NYSBA Corporate Counsel Section (CCS). As always, it is an honor and a privilege to lead the talented and dedicated attorneys who serve on the CCS Executive Committee … Continued

Chartering Your Corporation’s Course: Reducing Litigation Risk When Amending a Corporate Charter With Multiple ‘Classes’ of Stock

When companies wish to take extraordinary corporate action, they may find they need to amend their certificate of incorporation (also referred to as a charter) to do so. Requirements for amending a charter are usually set forth in both the charter itself and in the governing corporate law. Complying with those requirements is a must. … Continued