New England Biz Law Update

A recently enacted federal law will force employers and health carriers to protect genetic privacy and prevent discrimination based on genetic information.

Despite several months of economic doldrums, the brisk pace of in-house hiring continues unabated, partly because the costs of expanding legal staffs look increasingly attractive compared to rising outside counsel costs.

Cutting-edge law departments are sharpening their performance and boosting shareholder value by focusing on managerial skills. These days, being better lawyers is only part of the equation.

Growing numbers of in-house lawyers have reason to fret they might find themselves in the crosshairs of a criminal or civil fraud case. Over this past year, 11 general counsel (a record number) have been charged with civil or criminal fraud by the Department of Justice and the Securities and Exchange Commission.

With rare bipartisan support on Capitol Hill building momentum, U.S. patent laws may soon get their first major overhaul in more than 50 years.

Once considered a minor nuisance, wage and hour lawsuits are now one of the biggest concerns facing in-house counsel. Not only have they outpaced all other workplace actions since 2005, multi-million dollar verdicts and settlements are being regularly rung up as a result of class action certifications.

The China boom is in full swing, and sooner or later your company will be doing business in China. If you aren’t there now, one of your competitors probably is. The explosive growth means in-house lawyers have to get up to speed now on the intricacies of doing business in China – from bridging the cultural divide to knowing the key differences between U.S. and Chinese laws and regulations.

At a time when company lawyers are under enormous pressure to hold the line on legal bills, both inside and outside lawyers are feeling intense heat from management to deliver better, more efficient service to corporate clients. But a number of in-house legal departments and their outside counsel are deploying tools to address these issues and some inroads are being made.

The perception that a “culture of waiver” has permeated the ranks of federal prosecutors has triggered a full-scale push back, prompting proposed federal legislation that would block the Department of Justice from routinely seeking materials protected by attorney-client privilege or work product doctrines.

Sweeping executive compensation disclosure rules that go into effect Nov. 7 will put the pay of high-level officers and directors under the microscope for the public to see. The new regulations will force public companies to disclose valuation and tabulation of all aspects of executive compensation – including stock and option grants, pension contributions, deferred compensation, and all perquisites over $10,000.