An annotated review of Information Governance Insights columns from 2017

The scope of corporate counsel duties has changed rather rapidly and drastically in the past decade. As companies have quickly begun to digitalize nearly every aspect of their operations, digital information has become the lifeblood and primary asset of nearly all business, in every industry, in every sector. Whether a company makes or sells widgets, transports goods or people, facilitates markets or financial transactions, or provides services of any sort, in the past few years it has also become an information business. The volume of digital information flowing through companies has also grown exponentially in this same short period.
Continue Reading Information Governance Insights: Taking Control of the Data Mountains

Nondisclosure agreements (NDAs) – also known as confidentiality agreements, confidential disclosure agreements and proprietary information agreements – are something most business leaders and attorneys deal with from time to time. However, few companies have formalized why, when and how NDAs should be used. Different people at the same organization may have very different approaches to using them, resulting in inconsistent protection of a company’s confidential information and potentially jeopardizing company trade secrets.

Continue Reading Everything You Wanted to Know About NDAs but Were Afraid to Disclose: When and why you need nondisclosure agreements and how to execute them

Article by David Hechler

There’s been a lot of talk about third-party litigation funding in recent months. The industry seems to be doing well – business is apparently booming. And that success has inspired a new entrant into the marketplace.

But what’s new isn’t the company. It’s the product the firm has introduced. The firm is offering a kind of insurance.

The company is called TheJudge, and it’s based in London. TheJudge has been quietly funding litigation in the U.S. for several years now. But in June, it cleared its throat and announced that it was formally launching its U.S. business. And it wouldn’t mind a drumroll and cymbal crash, thank you.


Continue Reading Civil Justice Playbook: A New Kind of Litigation Funding

The challenges associated with board oversight duties in “crisis situations,” and related expectations regarding director attentiveness, are highlighted in a Wall Street Journal article concerning Theranos. It serves as a reminder of the valuable role that general counsel can play in supporting the ability of directors to satisfy these duties and expectations.

Continue Reading Recognizing the Contours of a Warning Sign: General counsel should ensure that their boards know a red flag when they see one