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In-house Access Insight & Commentary for In-House Counsel Worldwide

Monthly Archives: September 2008

Revolutionary Change vs. Evolutionary Change

Posted in Value & Innovation

Are these competing forces or can we implement both, resulting in a longneed change in the in-house/outside counsel relationship? We have a 20thcentury structure trying to hold up a 21st century market. The seams aregiving way and cracks are in the foundation. We can no longer patch italong the way with small concessions. ACC is… Continue Reading

Launch Day is Here!

Posted in Miscellaneous

Today from 1pm – 4pm EST, is the launch of the ACC Value Challenge. Months in the making, I can’t tell you how excited I am about this event. Aside from a live Webcast, something that we have never done before, the lineup of experts and faculty for the discussion is tremendous. Take a look at our steering… Continue Reading

Words, Words, Words

Posted in Miscellaneous

In my last few blogs, I have been describing how we lawyers have used words to substitute for or manipulate reality, and how Judge Posner even wrote a book about it. My last blog described how Hank Greenberg used words to draw an artificial distinction between the financial conditions of Lehman and AIG and suggesting… Continue Reading

Plasticity of Legal Rhetoric

Posted in Miscellaneous

That phrase, “Plasticity of Legal Rhetoric” is not mine, but Judge Posner’s which he uses in his book, “Overcoming Law. However, I had recognized the concept long before I read it in Posner’s book, which, in fact, had been brought to my attention by a judge friend of mine who had been subjected to my… Continue Reading

The Rule of Three I’s

Posted in Contracts & Negotiations

This rule is attributed to Warren Buffett, but I do not know that to be true. When I heard about it, I immediately thought about they way lawyers draft contracts The rule says first come innovators, second there are imitators and finally come idiots. The commentator who described this rule and attributed it to Buffett… Continue Reading

New to In-House Committee Legal Quickie- online life

Posted in Career

Any thoughts about what Ted Claypoole shared with the New to In-house Committee today on Second Life and the issues surrounding it? Below is the description of the Legal Quickie from today’s call: Business Risks and Rewards in Online Virtual Worlds. Moderator: Susanna McDonald, General Counsel, Claimant Management SystemsGuest speaker: Ted Claypoole, authority on internet… Continue Reading

Judicial Imagination– Making Believe We Are Competent

Posted in Miscellaneous

Recently, I had the opportunity to chat with a friend and former Chief Judge of a State Supreme Court. I was disappointed because, Illinois State Supreme Court that had apparently fought the politically correct position of adopting a mandatory CLE requirement had succumbed a few years ago. I mentioned to my friend the fact that… Continue Reading

Ready for a Legal Self-Examination?: Legal Issues and Trends to which Every Nonprofit Should Pay Close Attention

Posted in Miscellaneous

Just as you visit your doctor to get your annual physical, as an in-house attorney, it is prudent at least once a year to diagnose your nonprofit organization’s legal health and well-being. Even if not an expert in every area of law, a successful in-house nonprofit counsel needs to be able to spot legal red… Continue Reading

Why Federal Courts . . .Part 7

Posted in Miscellaneous

WHY FEDERAL COURTS DO NOT APPLY THE RULE OF LAW: Part 7: Epilogue First, let me point out an error I made on the prior blogs. I stated that Anastasoff (blog 1) was seeking to have a prior unpublished opinion applied so she could obtain a refund. That is not correct; she wanted the prior… Continue Reading

It is a battle, not the war

Posted in Miscellaneous

No doubt that you all received e-mails from ACC including the personal note from Fred Krebs announcing the victory in changing DOJ policy on the attorney-client privilege. I want to extend my congratulations, particularly to Susan Hackett who has led the ACC effort. However, in our enthusiasm, let us not forget that this was a… Continue Reading

Why Federal Courts . . . Part 6

Posted in Miscellaneous

Part 6, Justification #4: A non-precedential opinion can be argued for its persuasiveness, even though it is not precedential. This position appears to be the present state of affairs in the federal courts–the old rule was that if you cite a non-precedential case you will be sent to the eighth circle of the Inferno; now… Continue Reading