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

The biggest challenges for in-house counsel are determining when an employee error or omission arises to the level of a claim, assisting human resources during employee terminations and complaints, and ensuring that the company complies with local and federal regulations on training. All of this can be overwhelming in addition to the day-to-day work of … Continued

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

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 … Continued

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

There has been a lot of talk about mental health and wellness this past year. According to some who are unused to hearing words like “mindfulness,” “self-care,” “work-life balance,” and “boundaries,” perhaps too much talk. Or maybe this is a sign that the pendulum is finally swinging towards a more sustainable and healthier workplace at … Continued

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

If you manage commercial litigation in-house, or you are a litigator at a law firm, you may have asked yourself how to find out everything you need to know about commercial litigation in the federal courts. The simple answer is this latest edition of Business and Commercial Litigation in Federal Courts, published by the ABA Section of … Continued