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In-House Counsel - Corporate Legal Departments
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Former GC Reflects on Time Immersed in IP BattlesThe RecorderLaura Peter joined Immersion in 2005 in the midst of a heated patent fight that ended with Sony agreeing to pay a $97 million judgment and $53 million in royalties. By the time Peter left in August of this year, she'd become a central part of the tiny company's aggressive licensing and litigation program. Observers say Immersion's tough intellectual property strategy was a success. But to others in the world beyond IP lawyers, Immersion is anathema.
Corporate Counsel 2008 Survey
Who Represents America's Biggest Companies 2008
The firms that companies use the most give us a snapshot of the biggest issues facing corporate America. This year, employment matters -- and firms -- top the list.
Related charts:
Master Chart: Premium Work
Pick of the Litter
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Pfizer's Outside Counsel Model: One Law Firm, No Billable Hours
Former Gen Re Lawyer Could Face Life in PrisonCorporate Counsel Robert Graham, a former senior lawyer at General Re Corp., faces life in prison for doing what his defense attorney calls a "few hours work" on a fraudulent deal. Prosecutors want to sentence Graham to a "substantial" term -- up to 230 years behind bars -- because more than 250 American International Group investors lost at least $544 million from the fake deal with Gen Re. The defendants have countered with an expert who maintains that there was zero loss and no victims.
How to Defend Against Wave of Expected IndictmentsThe American Lawyer The bailout has introduced new liability for corporate officers and directors in the mortgage-backed securities and collateralized debt obligations markets, according to DeMaurice Smith of Patton Boggs's government investigations and white-collar practice group. Companies should be reviewing statements and communications before government investigators step in. With legal actions certain to multiply in the coming months, Smith is advising his clients to look to their indemnity agreements with companies.
SPONSOR SPOTLIGHT
Rules of Thumb to Rein in Litigation Costs and Optimize ResultsThe Corporate Counselor For in-house counsel managing litigation matters, the hard part comes when the rubber meets the road and you actually litigate the case. Attorney Stewart Weltman provides some practical rule-of-thumb suggestions on how to rein in costs and optimize results. The more experienced the person monitoring your litigation, the more effective these rules will be when applied. Weltman covers tips for motions for summary judgment, depositions and hysteria in a bottle: e-discovery.
Top Corporate Lawyers Are Split Between McCain and ObamaCorporate Counsel Barack Obama and John McCain have been running a tight race among the country's top corporate lawyers. McCain has a slight lead in total donations from general counsel at Fortune 100 companies, which is "really striking," according to Michael Toner, an outside counsel to McCain's campaign, who points out that lawyers generally tend to lean left politically. Still, elite GCs are giving significantly more to Obama than they did the previous two Democratic presidential nominees.
SPONSOR SPOTLIGHT
Escaping Litigation's Technological QuicksandCorporate Counsel As many corporate counsel watch their litigation bills mushroom, they need to recognize the overwhelming effect that technological change has had on the litigation process, including its dramatic impact on cost, says Fulbright & Jaworski's Robert Owen. Last month, the president signed into law a bill that may help to rein in some of the excesses of document discovery and lower the anxiety level about the inadvertent production of privileged information.
2nd Circuit Overturns In-House Counsel's Bribery, Racketeering ConvictionsNew York Law Journal The 2nd Circuit has thrown out the bribery and racketeering convictions of former corporate attorney Charles B. Spadoni, holding that prosecutors suppressed "exculpatory and impeaching" evidence. Spadoni, who worked for a private equity firm, was found guilty of steering $2 million in sham contracts to former Connecticut Treasurer Paul Silvester's associates. The court found that the evidence at issue could have been used to call into question Silvester's trial testimony against Spadoni.
Former McAfee CFO Gets Year in PrisonThe RecorderCall it McAfee day at the San Francisco federal building. As the jury concluded its second day of deliberations in the stock option backdating prosecution of the company's former general counsel -- without reaching a verdict -- Judge Susan Illston sentenced McAfee's former CFO in connection with an unrelated revenue recognition scheme. Federal prosecutors asked for a 46-month prison term for Prabhat Goyal, but the judge went with the probation office's recommendation: a year and a day in prison.
Commentary: We Need to Indict CompaniesLegal Times Corporate criminal liability has fallen out of favor, replaced by a Justice Department policy of deferred prosecution or nonprosecution agreements for corporate defendants. The agreements sound good in theory, but their excessive use is undermining the criminal justice system, according to Randall D. Eliason, the former chief of the public corruption and government fraud section at the U.S. Attorney's Office for the District of Columbia. Eliason says we need to resurrect the corporate indictment.
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