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Ten Things You Need To Know As In-House Counsel

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Sterling Miller

Latest from Hilgers Graben PLLC

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It used to be that companies selected outside counsel based on things like relationships, reputation, and tickets to sporting events/fancy dinners.  Those days are fading fast, especially beginning around 2008 and the resulting aftermath of the “Great Recession.”  That’s not to say that the above are no longer important (who doesn’t like front row NBA tickets?), but more and more the selection of outside counsel is based on the same principles and processes the company…
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[I realized too late after my last post that I have surpassed 100 blogs.  Wow.  No celebration but, to be honest, I never imagined I’d write that many when I started “Ten Things” back in November 2014.  But, here we are, all dressed up and lots of places still to go.  So, thanks for reading and keep those emails and suggestions coming!]   As an in-house lawyer, I was always interested in any legitimate way I…
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While general counsel and senior members of a legal department usually spend a significant amount of their time focused on the legal issues facing the company, they rarely give the proper amount of attention to the core feature of the department: the talent.  Without talented individuals, none of the legal work gets done or gets done well.  And the cost of replacing someone who leaves can be dramatic in terms of time-to-hire, expense, and impact…
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If there is nirvana for in-house lawyers it is the following: delivering high-quality legal services at lower cost and with better results.  The search for this legal “Eldorado” has gone on for decades with mixed results.  Typically, you can solve part of the equation but only at the cost of other parts.  For example, you can get lower costs but not always higher (or even the same) quality as provided by more expensive firms or…
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If you have ever run an in-house legal department, or just been part of one, you know that one constant question is “how are we doing?”  While it appears to be a simple question, it is fraught with multiple meanings.  It could mean how are we doing against the budget?  How are we doing with turning contracts for the business?  How are we doing in the litigation? Or, how are we doing with our compliance…
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If you work as an in-house lawyer at a large, mature company, odds are good that the company has a well-functioning compliance department.  But, if your company is small or not very mature, there is a good chance that this isn’t the case.  In-house lawyers constantly look for ways to avoid or lessen risk that can damage the company.  While it doesn’t always get the love it deserves, a robust compliance function is an important…
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For the last several years, non-compete agreements have been under attack in the U.S. by regulators, legislators, and even the courts.  For example, in October 2018, Massachusetts joined states like California, North Dakota, Montana, Idaho, Utah, and others by enacting a law regulating non-compete agreements, including providing for “garden leave” and making them inapplicable to “non-exempt” employees.  Courts do not favor non-competes and will often look for any reason to limit them or…
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Hello everyone!  Best wishes for the New Year to all of you.  I am excited about 2019, especially when it comes to this blog – and I’ll have some news to share about me next month.  I have a lot of (hopefully) interesting topics on my list for the coming 12 months.  And I am working on volume two of “Ten Things You Need to Know as In-House Counsel – Practical Advice and Successful …
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[Don’t forget to vote for “Ten Things” as your favorite legal blog.  To vote, simply click here.] Well, it’s near the end of 2018 and time for my annual list of the best legal blogs for in-house counsel.  This is my fourth list, a tradition starting in 2015.  In case you’re curious, here are my past lists for 2015, 2016, and 2017.  I still highly recommend the legal blogs listed in…
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[Vote for “Ten Things” as your favorite legal blog.  To vote, click here.] I’ve been around a while and I know from first-hand experience that there is little more disconcerting to an in-house lawyer than being contacted by the government when it starts investigating your company.  It makes your stomach feel like The Hulk has reached down your throat to give your intestines a good squeeze.  What happens in such an investigation, in large…