Playing Nice Doesn’t Pay Off For GCs

Law360, Chicago (May 5, 2016, 10:14 PM EDT) -- The expression “I didn’t come here to make friends” is a staple of reality TV that general counsel might also consider adopting. According to a recent paper by one GC-turned-law professor who cites the GM debacle, in-house lawyers can fail at their duties when they focus on playing nice.

In Sung Hui Kim’s Fordham Law Review article “Inside Lawyers: Friends or Gatekeepers?” she writes that the role of the GC should be the latter, which she has described in a series of articles as an “intermediary who can prevent harm to the securities markets by disrupting the misconduct of his or...

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