In House: Outside Counsel Archives
In House - The FindLaw Corporate Counsel Blog

Recently in Outside Counsel Category

HP Holds Back Fees to Encourage Diversity

Remember when we were kids, and our parents withheld our allowance or another privilege to compel certain behavior?

Or if you have kids now, and you turn off their cell phone to get across the message that you expect compliance with certain rules?

Well, say hello to some parental persuasion from Hewlett-Packard. Starting now, the rule is: be diverse or lose 10 percent of your fees.

According to Kim Rivera, chief legal officer and general counsel for HP, the company has implemented a "diversity holdback" mandate. "With this we can hold back up to 10 percent of all invoices billed by law firms that do not meet or exceed our minimal diverse staffing requirements," she said in a letter to law firm partners.

ACC Renews 'Value Challenge' to Help Law Departments Reduce Costs

It may not be as eye-popping as the ice bucket challenge for a coach at the end of a game, but then again you're not going to get wet with the corporate counsel "value challenge" and it just might open your eyes to new opportunities.

The Association of Corporate Counsel is continuing its challenge to help law departments reduce costs by re-imagining and better managing resources. Each year, the ACC acknowledges the winners by publishing their stories on its website.

Besides the accolades of industry recognition, the goal of the international challenge is for corporate counsel to: 1) reduce legal spending by 25 percent; 2) promote effective budgeting and fee structures; and 3) have fewer disputes, lower settlements, and faster turnarounds. For these companies, as they say in soccer, goal!!!

Insourcing v. Outsourcing: The Dance of Legal Work

It's not as catchy as dancing the hokey-pokey, but corporate attorneys increasingly put one foot in and one foot out in the legal marketplace.

For in-house counsel, it's about balancing the bottom line between outsourcing or insourcing legal work. On the other side of the dance, outside counsel have to bend with changing demands for legal services.

The trend is toward insourcing core attorney work while outsourcing more legal tasks. As a result, lawyers are having to take a step back and reassess their skills.

Mark A. Cohen, a former corporate attorney and litigator, said law firms are feeling the squeeze. That's because legal service providers want the next dance.

What Are Your Goals as In-House Counsel This Year?

It's well past New Year's Day -- except in China and other southeast Asian countries -- but it's not too late to make resolutions for 2017.

In fact, if you work in-house for a multi-national or a company aspiring to grow into the international market, this may be the perfect time to make some goals.

With cyber criminals hacking away at internet services around the world, company attorneys must work strategically with technical professionals to avert future disasters. And as automakers choke on legal setbacks from Japan to Germany, their lawyers must be prepared to deal with civil and criminal challenges.

Here are a few areas that will definitely come into play for in-house counsel no matter where you work:

The days of outside counsel handling an entire case may be coming to their end. Instead, clients are increasingly unbundling legal services, assigning tasks piecemeal across multiple firms and lawyers, in order to find the most cost efficient legal services, according to a forthcoming paper in the Fordham Law Review.

These changes, according to the paper, mark a shift in who controls litigation costs and tasks, moving from the lawyer to the client, and parallel similar developments in the rules of civil procedure.

The Department of Justice announced earlier this week that it was charging three Chinese citizens with insider trading, after they traded on info obtained by hacking into the emails of M&A lawyers. The trio was able to purloin insider information after using the credentials of firm employees to gain access law firm servers. The news was another in a long series of revelations that hackers were targeting law firms -- and often succeeding in gaining access.

Consider it a reminder that, when it comes to keeping information secure, you can't always count on outside counsel.

In-house lawyers can't do it all. In fact, when it comes to atypical legal matters like novel litigation or mergers, in-house attorneys' talents are best used in directing and working with specialized outside counsel. But like any legal consumer, in-house counsel need to be savvy about the outside lawyers they choose to hire.

To help you out, here are our top five tips for working with outside counsel, from the FindLaw archives.

Legal Departments: Getting Ready for Summer Associates

Recently we covered the legal issues involving summer interns working gratis. Now we can address a meatier concern: summer associates.

Much ink and gossip is spilled and spent (not necessarily in that order, mind you) over how to handle summer associate culture. But what about summer associates in an in-house setting?

Privacy and data security are some of the most significant emerging legal issues of our day. (If you don't believe us, check out the continued fallout from the Panama Papers, or the OPM hack, or the billions of dollars spent on corporate cyber insurance policies.)

And when it comes to dealing with privacy and data security issues, companies turn to outside counsel, according to a new survey.

In-House Counsel May View 'Outside Counsel Only' Discovery

There are times when even best attempts to obtain a particular outcome fail, and the case of Sanofi-Aventis v. Breckenridge represents that fact in spades. Federal Magistrate Judge Lois Goodman ruled that in-house counsel may view "outside counsel only" documents because the lawyer in question was sufficiently walled-off from conflict.