Report from Hearing on Proposed Rule 502 of Federal Rules of Evidence

On January 29, 2007, the Advisory Committee on Evidence Rules held its second and last hearing on proposed Federal Rule of Evidence 502. The committee heard testimony from criminal defense attorneys, trade associations, in-house lawyers, litigation support consultants, and other interested parties.
All witnesses except one opposed proposed Rule 502(c), a rule to [...]

A Year Later — Rough Waters Ahead for e-Discovery and the New Federal Rules of Civil Procedure

By Beryl Howell and Rick Wolf 
Escalating legal risks are forcing organizations to bring order to sprawling information technology and telecommunication systems. According to the 2006 Business Roundtable Survey, chief executive officers rank litigation among their top cost pressures, behind only health care and energy costs. Other surveys show that most organizations lack effective and enforceable [...]

Shifting Roles and Responsibilities: Litigation Management, Outsourcing and the Emerging Role of the E-Discovery Czar

The new Federal Rules of Civil Procedure are having a profound and lasting impact on how companies manage litigation. The rules changes will prompt companies to create a new corporate function that blends legal, IT, compliance and operational expertise. Litigation support managers (aka paralegals) may, in the near term, be asked to fill [...]

Maker of Popular Game “Grand Theft Auto” Finds Evidence of Backdating…

Take-two Interactive Software, Inc., publisher of smash hit PC video game Grand Theft Auto, said in an SEC filing that its has uncovered a “pattern and practice of backdating options” during the tenure of its former chairman and chief executive officer Ryan Bryant. This disclosure apparently was expected, as the company anticipates restating earnings going [...]

The Heat is On: Time for Human Resources Professionals to Stand up and Be Counted

In a post earlier this week “Backdating and the Candyman: Where was the Human Resources Executive?,” we questioned the accountability of HR in the backdating scandals erupting across public companies in the United States.
Yesterday, an Economist Intelligence Unit in Great Britain released a survey that shows CEOs place personnel issues atop their priority [...]

The Corporate “Hot Potato” — Law Department Wants Help from IT, HR and Compliance on Records Management Policymaking

Launching and sustaining an effective records management compliance program is a daunting task and no corporate function is eager to be accountable for the enterprise and report to the chairman on this complex area. Each department has a different reason for shunning ownership of records management policy or enterprise content management.
For some, [...]

Backdating and the Candyman: Where was the Human Resources Executive?

When we read about impending indictments and disbarments of generals counsel in the stock option backdating scandals, and the many more SEC investigations pending, who else in the corporate chain of command is responsible for these bad acts?
Backdating is more than gaming the system or using your position in an organization for personal [...]

Backdating and the Fate of Generals Counsel Who Leave the Gate Wide Open

Will Ex-Comverse GC’s Plea Deal Be a Benchmark?
Jessie Seyfer
Legal Pad
January 17, 2007
When we saw last week that the Securities and Exchange Commission had settled its case against William Sorin, the former general counsel of Mass.-based Comverse Technology, we wondered whether the same fate awaited the many displaced general counsel here in Silicon Valley who [...]

Law Firms, Client Relationship Management and the Advent of the “General Counsel Relations” Manager

Law firms want to retain corporate clients. This is not a new development. Marketing departments emerged in the mid 1990s, along with client relationship management initiatives. There has been little penetration or measurable success in these efforts, however, and law firms continue to struggle with the best way to achieve effective CRM.
Over [...]

Watch for the Ripple Effect of Governance Changes in 2007

What Will Be the Corporate Concerns in the Coming Year?
Securities regulators, activist shareholders and hedge funds will step up the pressure for more corporate governance reforms
Tamara Loomis
Corporate Counsel
January 18, 2007
Can there be such a thing as too much information? Former Pfizer Inc CEO Henry “Hank” McKinnell would probably say yes. In the past, Pfizer [...]