In the relatively short time since OpenAI’s ChatGPT was introduced in November 2022, there have been many intriguing and unforeseen consequences related to the technology. ChatGPT, which stands for “chat generative pre-trained transformer,” is an AI-driven application capable of providing detailed information on a vast array of topics in response to a given query. ChatGPT can solve college-level math problems, write a screenplay, and even give travel advice. Predictably, it has also been linked to darker applications; in the hands of cybercriminals, the technology can be used to generate deceptively persuasive phishing emails and build code designed to hack corporate data.

Wage disclosure laws designed to promote pay equity are on the rise in the U.S. Approximately fourteen states and localities, including California, Colorado, New York City, and Washington State, have passed laws with varying requirements relating to the disclosure of anticipated compensation for posted positions.

Occasionally in commercial transactions, you may be asked to give “exclusivity” to the other party, in either direction (e.g., vendor contracts may include language requiring customers to use their services exclusively, or a customer may ask a vendor not to offer similar services to any of the customer’s competitors). Even when such requests seem low risk at first glance because they do not present a problem for your business at the moment, facts and circumstances can change rapidly, which is why it is often best to avoid them.

This year, new data privacy laws will go into effect in California, Colorado and Virginia, with more states expected to follow this legislative trend. As businesses grapple with a myriad of compliance issues relating to these new laws, one requirement that many tend to underestimate is the creation of an external-facing privacy policy. In fact, some companies may be tempted to simply copy another’s policy, upload it to their websites, and call it a day.

The process for obtaining and enforcing patents in the European Union (EU) is about to change with the introduction of the new Unitary Patent system, of which the Unitary Patent (UP) and the Unified Patent Court (UPC) are core components. Although designed to streamline current inefficiencies inherent in the European patent system, one feature of the new system is giving pause to European patent (EP) owners. Specifically, by participating in the new UPC, existing EPs may become subject to its jurisdiction, resulting in the possibility of a single revocation action across all participating EU countries. Fortunately, a process for opting out from UPC jurisdiction is available.  

In-house lawyers are frequently accused of slowing down business momentum with “red flags” and a general inclination toward the word “no.” Although deserved on occasion, this is mostly a misleading perception which attorneys can disprove by following a set of universal principles for demonstrating true value to internal clients. In previous posts, we discussed principle 1: “know your client’s business,” principle 2: “understand the real question being asked,” and principle 3: “stop saying no.” Finally, we will examine the last principle: “take more risk.”

In this 4-part series, we’re discussing the various ways in-house lawyers can add value within an organization. Drawing on 30 years of legal experience, I have identified 4 universal principles that attorneys can follow to demonstrate their true business savvy and legal skills. As previously shared, principle 1: “know your client’s business” and principle 2: “understand the real question being asked” are both critically important practices proven to help attorneys build trust and strengthen client relationships. Next, we will review the third principle: “stop saying ‘no’.”

Let’s dive into the second installment of my 4-part series on how in-house attorneys can demonstrate true value within an organization by following 4 universal principles. In part one, we explored the first, and perhaps most important, principle: know your client’s business. Next, we will review principle 2: “understand the real question being asked.”