Articles
General Counsel’s Role in Mitigating Organisational Burnout

We continue to witness high levels of stress and burnout among in-house counsel and managers. General counsel (also called ‘lead in-house counsel’) can play a pivotal role in mitigating burnout by promoting what Amy Edmondson calls ‘psychological safety’ — a shared belief within a team that taking ‘interpersonal risk is safe’.

On A Strategic Management Approach to the New EU Risk-Based Compliance Regulations

Companies require advanced data analytics, better artificial intelligence-driven processes, and reliable cybersecurity to meet ever-changing threats. To remain competitive and compliant, it is essential that the top management team and the board understand the strategic implications of new and proposed EU regulations calling for risk-based compliance.

Report of the Yale University Women Faculty Forum Council on Sexual Misconduct at Yale

Acting through its Working Group on Sexual Misconduct,1 a collection of concerned stakeholders from across Yale University (the Working Group), the Yale University Women Faculty Forum Council has undertaken a comprehensive review of the University‘s policies on gender-based violence, harassment, discrimination, and other forms of sexual misconduct.

An Open Systems Approach to Law, Strategy, and Sustainability: The Role of the In-House Counsel in the Anthropocene Era

In an embarrassing rebuke, referred to by some as “the vote heard round the world” (Le Berre, 2021), the board of directors of oil and gas giant ExxonMobil lost a proxy contest in May 2021 mounted by a group of institutional investors who faulted the company for not adequately taking into account the effects of … Continue reading An Open Systems Approach to Law, Strategy, and Sustainability: The Role of the In-House Counsel in the Anthropocene Era

A Path to Developing More Insightful Business School Graduates: A Systems-Based, Experiential Approach to Integrating Law, Strategy, and Sustainability

At a time when recurrent widespread scandals continue to put the ethics of businesspeople in question, this essay offers an open systems and experiential pedagogical approach designed to help a new generation of managers become more insightful and socially responsible. In joining the on-going conversation concerning curriculum development and learning outcomes in this journal and … Continue reading A Path to Developing More Insightful Business School Graduates: A Systems-Based, Experiential Approach to Integrating Law, Strategy, and Sustainability

Pharmaceutical Public-private Partnerships: Moving From the Bench to the Bedside

This article provides a game theory and law-and-management analysis of forprofit pharmaceutical public-private partnerships, a complex type of legal arrangement in the highly regulated pharmaceutical industry.

The Value of a Legally Astute Top Management Team

This article describes the construct of “legal astuteness” and explains why it is a valuable dynamic capability. It also examines the systems approach to law and strategy, which embeds the top management team within the firm’s “ecosystem.”

Winning Legally

I postulate that “legal astuteness” is a valuable managerial capability that may provide a competitive advantage under the resource-based view of the firm. Law and the tools it offers are an enabling force legally astute management teams can use to manage the firm more effectively.

Who Let the Lawyers Out

Reconstructing the role of the Chief Legal Officer and the corporate client in a globalizing world.

The Astute Board Member’s Guide to Corporate Political Spending

Co-authored with Bruce F. Freed and Karl J. Sandstrom

How Boards Can Reduce Corporate Misbehavior

Featured in “Harvard Business Review” (co-authored with Bruno Cova and Lee D. Augsburger)

The Devil Made Me Do It:

Replacing Corporate Directors’ Veil of Secrecy with the Mantle of Stewardship Featured in the “San Diego Law Review” (Co-authored with Karen L. Page)

Collision Course:

The Risk Companies Face When Their Political Spending and Core Values Conflict and How to Address Them

Preparing for the Apocalypse:

A Multi-Prong Proposal to Develop Counter-measures for Chemical, Biological, Radiological, and Nuclear Threats Co-Authored by Anat Alon-Beck