InsideCounsel Magazine February 2013
Features
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The GC's guide to corporate crises
Tips to help you prepare for and manage unforeseen problems and emergencies
From The Editor
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Diving into 2013, we must accept change
A country divided means change is surely on the horizon for companies
Inside Perspective
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Preparing the long-range outlook of your company
Skills for planning ahead offer a road map for GC success
Litigation
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FLSA class action strategy seeks to moot cases
A forthcoming Supreme Court decision concerning a litigation maneuver will have a serious impact on FLSA litigation
IP
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Drug maker's legal battle with the FDA delays generic competition
Endo Pharmaceuticals games the system by asking the FDA to rule that an old version of its drug is unsafe
Labor
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How companies should deal with marijuana legalization
Employers may need to revisit their policy wording, but the content doesn't need to change
Regulatory
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2nd Circuit decision throws FDA’s drug misbranding cases into question
In U.S. v. Caronia, the court vacated the conviction of a pharmaceutical sales rep for off-label but truthful promotion, contending it violated his First Amendment rights
Global
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Judgment concerning News of the World’s Andy Coulson has implications for employers
News International must pay Coulson's legal fees; case reminds employers to draft indemnities tightly
Technology
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Delaware ruling gives judicial push to predictive coding technology
A state court judge recently ordered parties to select and share a single predictive coding vendor for e-discovery
Profile
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The PETA Foundation's GC is a dedicated defender
Jeff Kerr uses his legal prowess to fight for the rights of animals around the world
Circuits
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NLRB cannot force companies to bargain in face of clear impasse
It's important for in-house counsel to keep a record of negotiating with unions to serve as evidence
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Medical information not confidential if disclosed in response to general inquiry
Still, employers should exercise caution when responding to reference requests
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Roundup: 4th, 5th, 9th and 11th Circuits
Arbitration rights remain after more than six months of litigation; Decision creates circuit split on CAFA; Court tosses $10.2 million jury verdict for lack of Daubert hearing; Banks may be liable for fraudulent wire transfers.
Inside Non-Profits
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The division of the IRS responsible for tax exemptions has failed to do its job
Is it fear or incompetence that keeps the IRS from enforcing a social welfare electioneering rule?
Paying It Forward
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Marathon's legal department makes expansive efforts at pro bono
The wide-ranging pro bono program encompasses everything from immigration cases to tax disputes
Online Exclusive
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Predictive Coding 101
Review the basics of this document-review technology
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Knowing your role in a corporate crisis
GCs will inevitably find themselves at the eye of the storm
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Resource Library
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Complimentary White Paper "Key Considerations for Collection Methodologies and Resources"
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Moving Matters In-House: How Technology Enables Legal In-Sourcing
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5 Ways to Promote Responsible Content Sharing
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