Issue: 2023 Vol 40 No 1

Tribute to Mitchell F. Borger

This marks Mitchell (“Mitch”) F. Borger’s last year on the Executive Committee of the Corporate Counsel Section—he has been a member of the Section for over 20 years. As one of the longest standing members of the Section, the Executive Committee wanted to include a few kind words about him in this issue of Inside to honor … Continued

Preparing for the New Wave of NFT Litigation

Non-fungible tokens (NFTs) have unleashed a whole new side of blockchain technology. Unlike cryptocurrencies, NFTs may have far-reaching implications for intellectual property rights. As a result, NFTs will certainly spur novel intellectual property litigation, especially for copyright litigation and litigation under the Lanham Act (the statute that governs trademark law). Courts are only beginning to … Continued

A New Era of Corporate Criminal Enforcement

In September 2022, Lisa Monaco, deputy attorney general for the U.S. Department of Justice, unveiled revised policies for investigating and prosecuting corporate crime.1 The “Monaco Memorandum” signals a renewed focus on punishing corporate misconduct and suggests we are entering a new era of corporate criminal enforcement in which prosecutors will wield a rebalanced “combination of carrots … Continued

Message From the Outgoing Chair

I am Naomi Hills and I have had the honor to serve as the 2022 chair of the Corporate Counsel Section. It was a privilege to welcome you to this edition of Inside. In addition to my role as chair of the Section, I am Senior Counsel at GSK, where I advise on specialty and oncology … Continued

ESG Litigation: What You Should and Shouldn’t Be Worried About

ESG—or “environmental, social, and governance”—is a buzzy term. It covers a wide range of non-financial corporate performance indicators and representations, such as representations about limitations on carbon emissions and diversity on corporate boards. ESG is not new. Sustainability, ethical sourcing, and corporate social responsibility concepts have been around for decades. But in the past few … Continued