1. THE CYBERSECURITY THREATThe scapegoat for the two huge data breaches revealed by Yahoo in 2016 turned out to be the legal department. The company’s general counsel (GC), Ron Bell, received no severance on his departure. His termination was widely heralded as a wake-up call for in-house counsel generally. By all appearances, it has been. Most major surveys identify cybersecurity concerns as among the top, and often the top concern of in-house counsel around the world. In the UK, for example, research for the GC Futures Summit revealed that 62% of GCs worried about data security and cyber crime. Cyber concerns, including protection, security, threat response, privacy and piracy, were also among the top two issues identified by Edge International’s Leigh Dance in a blind survey of legal and compliance heads in large global organizations based in North America, Europe, the Middle East and Asia. Similarly, a report from ALM Intelligence and Morrison & Foerster, General … [Read more...] about Major Concerns for Corporate Counsel
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Barry King, an attorney and father of four, went on television on the evening of March 18, 1977, with a message to his 11-year-old son, Timothy, who had been missing for two days. King was hopeful that his son was OK, but he feared the worst: Three children had already been snatched from the streets of his suburban Detroit community and murdered during the last 13 months.“We’re with you, buddy,” King said as he stood outside the Birmingham, Michigan, police station. “We love you. God bless you. Stay tough.”King also had a message for the person who may have abducted Tim. “I don’t know if you have a child or want to have children, but please treat Tim as you would your own kid.”For the past 48 hours, police had been searching block by block for the sixth-grader in and around Birmingham. Tim was last seen at a pharmacy three blocks from home, where he’d gone on his skateboard to buy candy.Six days after Tim disappeared, the King … [Read more...] about A Father’s Mission: Victim’s dad demands to know why 4 child murders remain unsolved after 40 years
Corrected: Podcast TranscriptStephanie Francis Ward: Lawyers often make other lawyers’ lives difficult, but the tribulations are nothing compared to what pro se litigants might bring.Evan Loeffler: She had to be allowed to lie on an air mattress in the middle of the courtroom to do her cross examination.Stephanie Francis Ward: I’m Stephanie Francis Ward and on today’s ABA Journal podcast we’re discussing how you can keep things professional and get the best result for your clients when opposing counsel does not have a law license.Announcer: This ABA Journal podcast is brought to you by WestlawNext, the legal platform chosen by over 40,000 legal organizations for the tradition of editorial excellence combined with the most advanced technology. Learn more at WestlawNext.com.Stephanie Francis Ward: Joining me are Justice Leah Ward Sears, a retired Georgia Supreme Court Chief Justice who is now a partner of Schiff Hardin; Evan Loeffler, a Seattle lawyer who has a … [Read more...] about How can you deal with pro se litigants and keep your cool? (Podcast with transcript)
Beathan Vale was concerned about his local court system, which had only one judge.As a member of the Confederation of Democratic Simulators, he took an active role in the development of his local government in the community of Neufreistadt. Ideally, Vale believed the community’s judicial branch should be modeled to resemble the U.S. Supreme Court. But its lone judge, an English barrister and fellow confederation member named Ashcroft Burnham, favored an English common-law approach. Burnham also got to personally select the court’s new appointees, and the lack of oversight didn’t sit well with Vale.Ultimately Vale prevailed. Neufreistadt rejected Burnham’s court scheme—and the idea that participation be limited to lawyers.Both men meet on a regular basis to discuss—and often debate—the direction of Neufreistadt’s legal system. Yet they have never actually seen each other in person. That’s because Neufreistadt isn’t … [Read more...] about Fantasy Life, Real Law
Last week, the Commodity Futures Trading Commission required a futures commission merchant to pay a fine of US $2.5 million to resolve charges it failed to supervise a response to a CME Group investigation when the FCM relied on an affiliate’s analysis of the affiliate’s own block trades – and the analysis turned out to be misleading. Separately, the FCM's affiliate agreed to pay an additional fine of US $2.5 Million in connection with an investigation by the US Attorney's Office for the Western District of North Carolina for trading ahead of customers in connection with block trades. Also, the CFTC dramatically expanded its footprint in the oversight of cryptocurrencies when it brought an enforcement action against two persons in connection with an alleged Ponzi scheme involving Bitcoin. Importantly, the CFTC's complaint included no allegations regarding futures or swaps. As a result, the following matters are covered in this week’s … [Read more...] about Bridging the Week by Gary DeWaal: September 18 to 22 and September 25, 2017 (My Affiliate’s Keeper?; CFTC Flexes Cryptocurrency Muscle; Can SEC Keep a Secret?)
Certain organizations always seem to be in front of the pack. They consistently deliver good results and are more apt than competitors to capitalize on industry shifts. When surprises occur, they act with speed and efficiency. In short, they are in better control of their operations and turn this into competitive advantage. Think of General Electric in the 1980s and 1990s - a powerful but nimble giant - or your favorite stock in the fastest-growing small companies. Regardless of size, the key to winning is translating the CEO's goals and values into employee actions and behavior. Successful organizations possess four key attributes: 1) strong leadership; 2) individual accountability; 3) effective risk management; and 4) human resources reinforcement. A practical action plan to garner better control of your company requires steps in each of these areas. Leadership Consciously or not, employees look to executives for goals and values that are clear, … [Read more...] about Developing a Winning Organization – Translating Goals and Values into Actions.