'Multi-Tasking'

Our lead story on page one focuses on the multi-faceted roles in-house counsel can play – from legal “traffic cop” to trusted business advisor. The context: Assisting companies in mergers and acquisitions. Business deals are humming around the country and experts tell In-House that company lawyers can and should be at the fulcrum of the various critical stages of a deal’s life cycle.

This points to a different kind of “multi-tasking” described on page seven by Susan Hackett, general counsel of the Association of Corporate Counsel. Hackett discusses the many external challenges facing in-house attorneys, including attacks on the attorney-client privilege and foot-dragging by states in fostering multi-jurisdictional practices.

The legal issues confronting in-house counsel are always evolving too. In this issue, we cover some those important developments. On page one, we take a look at so-called “love pacts.” Some companies are requiring employees involved in romantic relationships to sign affidavits saying the relationship is consensual. These affidavits are aimed at minimizing liability risks if the office affair sours and the spurned party files a sexual harassment or retaliation suit.

On page two, we examine the recent ruling granting reinstatement to a Sarbanes-Oxley whistleblower despite a history of hostility between the claimant and his former employer. This is the first ever order of reinstatement under SOX, although generally SOX whistleblower claims have not fared well so far. We’ve got the latest statistics on these cases.

Our guest writers as always provide terrific content covering many issues of interest to our readers, including the latest news on possible amendments to federal discovery rules related to e-discovery, tips on negotiating “exclusive” licensing agreements, and how to get the most D&O coverage for your money.

Feel free to give me a call at (617) 218-8141 or send me an e-mail at [email protected]. I’m always available for your feedback on how we can make New England In-House a tool you rely on as a “multi-tasking” attorney.

Paul D. Boynton
Publisher