FRONT: Short Takes

Ready for In-house Action
In this post, Mark Smith discusses 5 skills showcased by highly effective in-house counsel. For example, “It’s all about the business stupid!” Smith writes, noting that a genuine understanding of the business is indispensable. Additionally, his “most fundamental rule” for in-house lawyers is to stop “speaking legal.” That leads right to “cut to the chase,” which is longhand for prioritizing issues so internal clients understand what’s most important and the need to focus on what will have the biggest impact on the business. The fourth skill is to “get stuck in,” which is very much not about getting stuck. “Although not a skill, a can do, pro-active approach was seen as a valuable characteristic for an in-house lawyer,” Smith writes. Finally, “don’t bring me problems – they just make my head hurt,” Smith says. “Making sure advice is practical and not too abstract helps achieve these goals, but it’s also a combination of many of the factors above that can lead to break-through solutions.”

Noncompete Backlash
The general counsel from the NLRB, Jennifer Abruzzo, recently put employers on notice that they could face allegations that their use of restrictive covenants may violate federal labor law, according to this piece from Bloomberg Law. “The Biden administration’s chief labor law enforcer created an immediate problem for employers that use noncompete agreements even as they await a broader ban on those restrictive contracts from another agency, the Federal Trade Commission,” says the Bloomberg article. The NLRB’s appearance on the noncompete scene could add staying power to federal oversight of the agreements as the FTC faces the looming threat of lawsuits over its proposed rule. In the short-term, companies can expect to face greater scrutiny and case-by-case enforcement over their use of restrictive covenants as a result of the NLRB’s involvement, says Catherine Fisk, a University of California, Berkeley Law School professor. “Many noncompete agreements that were formerly arguably lawful are now void,” Fisk says. “That is, they’re an unfair labor practice, so any effort to enforce could presumably draw an unfair labor practice charge.”

Lawyering Unplugged
“Technology today is as hard to escape as death and taxes,” say the folks at InfoTrack, which integrates with case management systems to automate court filing tasks. “This is especially true for legal professionals who rely on technology for everything — from client intake forms to closing arguments. Though technology has undeniably made our lives more convenient, it comes with a cost: chiefly, the inability to escape from work and stress.” Enter the Total Tech Detox Kit, an E-Book that explores the dominant role of technology and the mental and physical hazards that trail in the wake of ubiquitous tech. “So sit back, relax, and grab a pen and a piece of paper for taking some good, old-fashioned handwritten notes,” say the cheeky un-adopters at InfoTrack. “You just might need to turn to them when you get to the part where you shut off your devices.”

Avoid Online Comms Nightmares
This piece from Paul Falcone at SHRM Online sorts out the perils of online communications, including: e-mail comments will be used as evidence ( "Email has become to civil law what DNA has become to criminal law.”); never destroy electronic evidence (deliberately or even accidentally); don’t codify the damage by restating bad facts (write stuff that’s specifically vague); descriptive words are not friends (stick to concrete facts – not characterizations; and use attorney-client privilege intelligently (and call your lawyer!).

Those Bloated Bills
As law departments dig deeper to control expenses, they are likely to stumble upon additional billing bloat – and new ideas for assuring they pay only for the value they receive. Consider three sources of bloat: rate increases, rate errors, and other billing guideline errors. OK, so what do we do about it? Look at the data to better understand what you’re paying now and what you’ll pay in the future by matter and by law firm. Also, look at industry benchmarks. What are other companies such as yours paying for like work in like geographies? In addition, check each invoice against the agreed-upon billing guidelines and market benchmarks to help your legal department pay an appropriate price for each invoice and stay in line with market rates in the future.