Product Counsel
Advise, Innovate, and Inspire
Published: 2024
Pages: 225
eBook: 9781837230457
Product law stands at the intersection of law, business, and technology, shaping numerous emerging industries. This book provides an indepth examination of this evolving field, offering insights into its development, requisite skills for practitioners, and the broader legal and regulatory environment. The framework presented isn't just theoretical - it's a practical roadmap for understanding and applying the principles of product law in real world scenarios.
Illustrating the principles outlined in the book are a variety of typical case studies and checklists. Through these narratives, readers gain valuable insights into the challenges and opportunities faced by product lawyers, enabling them to put into practice the book’s concepts.
Olga V. Mack, a general counsel and digital transformation executive, is renowned for her expertise at the intersection of law, technology, and business. Adrienne Go, a product and regulatory leader, brings comprehensive experience in integrating legal, technological, and business considerations into product development. Together, they offer a wealth of knowledge and insight into the evolving field of product law.
While numerous publications address specific aspects of technology law, none offer the comprehensive analytical framework presented in Product Counsel. This book fills a critical gap in the market, providing readers with a holistic perspective on product law that is both actionable and informative.
In a world marked by technological disruption and innovation, Product Counsel emerges as an indispensable resource for legal practitioners, tech entrepreneurs, business leaders, and students alike. By merging theory with practice, this book equips readers with the knowledge and skills needed to thrive in the evolving intersection of law, business, and technology. With its practical insights and forward-thinking approach, it promises to be a valuable addition to any professional library.
Table of Contents
Cover | Cover | |
---|---|---|
Title Page | i | |
Copyright | ii | |
Contents | iii | |
Dedications | vii | |
Preface | ix | |
Introduction | xi | |
About the authors | xv | |
Chapter 1: Product counsel’s evolution | 1 | |
Product counsel: A (loose) definition | 1 | |
The evolution of product counsel – historical perspectives and milestones | 7 | |
Chapter 2: Product counsel’s value to a business | 15 | |
Drive the business | 15 | |
Growing through risk-taking | 16 | |
Business regulatory compliance | 18 | |
Valuable intellectual property assets | 19 | |
Growth through business partnerships | 20 | |
Coaches deliver wins | 21 | |
Chapter 3: Product counseling with a framework | 23 | |
Chapter 4: Understanding product development basics | 25 | |
The product lifecycle – overview and opportunities | 25 | |
Framework tools | 38 | |
How to work with product management teams | 41 | |
Chapter 5: Developing a product counsel mindset | 47 | |
Be a trusted partner | 47 | |
Drive the business | 63 | |
Think customer-first | 63 | |
Speak the language and develop technical conversancy | 65 | |
Refine visual intelligence quotient | 65 | |
Be agile | 66 | |
Chapter 6: Knowing your business, customer, product, and industry | 69 | |
Know the business | 70 | |
Know the customer | 73 | |
Know your product | 81 | |
Know your industry | 85 | |
Chapter 7: Learning the law | 93 | |
Geographic legal analysis | 93 | |
Business and customer segment | 95 | |
Industry-specific laws | 96 | |
Product counseling resources and monitoring changes and trends | 98 | |
Chapter 8: Taking smart risks | 101 | |
What is risk? | 101 | |
Identify potential impacts | 105 | |
Assess potential impact | 107 | |
Develop mitigation strategies | 108 | |
Consider the upside | 109 | |
Internal training | 109 | |
Collaboration and communication | 110 | |
Roadmap shaping – flags and t-shirt sizing | 110 | |
Continuous improvement | 115 | |
Chapter 9: Understanding your regulators | 117 | |
Inventory your regulators at all levels: knowing your allies in the regulatory landscape | 118 | |
Building positive relationships | 123 | |
Chapter 10: Championing consumer protection | 125 | |
Customer segmentation | 125 | |
Geographic differences | 126 | |
Industry segmentation | 126 | |
Consumer protection starting point | 128 | |
Chapter 11: Managing product liability risks | 141 | |
Product liability basics | 141 | |
Product design and development | 141 | |
Chapter 12: Advising on commercial agreements for your product | 145 | |
Agreements with customers | 145 | |
Agreements with partners/suppliers | 150 | |
Mode of contracting | 154 | |
Business velocity considerations | 157 | |
Product lawyering and evolving trends in contracting | 157 | |
Chapter 13: Collecting, storing, and using data | 159 | |
Understand your data | 160 | |
Map data flows | 164 | |
Collect and use data responsibly and legally | 165 | |
Safeguarding data – storage and security | 168 | |
Unlocking the value: data usage and analysis | 169 | |
Staying ahead – emerging data trends and future considerations | 171 | |
Chapter 14: Protecting your intellectual property and open-source considerations | 175 | |
IP protection – safeguarding innovations and trade secrets | 175 | |
Unleashing open-source | 180 | |
Chapter 15: Considering global perspectives – international regulations and cross-border challenges | 187 | |
Applicability of global laws | 187 | |
Physical products | 188 | |
Digital products | 189 | |
Harmonization and divergence of regulations | 190 | |
Cultural and language considerations | 190 | |
Chapter 16: Issue-spotting other legal specialty areas | 193 | |
Antitrust | 193 | |
Tax | 193 | |
Maritime law | 194 | |
Money and investment regulations | 195 | |
Employment law | 195 | |
Environmental law | 196 | |
Healthcare and life sciences law | 196 | |
Workplace compliance | 197 | |
Chapter 17: Handling emergencies and reputational risks in a crisis | 199 | |
Counsel’s role in a crisis | 199 | |
Developing crisis response plans | 199 | |
Communication readiness | 200 | |
Data incidents | 201 | |
Handling product recalls | 202 | |
Working with regulatory authorities | 202 | |
Post-crisis evaluation and improvement | 204 | |
Chapter 18: Balancing business goals and ethical responsibilities | 207 | |
Understanding ethical considerations | 207 | |
Ethical decision-making frameworks | 208 | |
Ethics codes, standards, and guidelines | 208 | |
Promoting a culture of ethics | 210 | |
Social responsibility and sustainability | 211 | |
Whistleblower protection programs | 211 | |
Chapter 19: Anticipating emerging technologies with their legal implications and opportunities | 213 | |
Introduction to emerging technologies | 213 | |
IP Considerations | 214 | |
Data privacy and security | 214 | |
Regulatory compliance | 215 | |
Ethical and social considerations in new technologies | 215 | |
Conclusion: Coach to win | 217 | |
Acknowledgments | 219 | |
About Globe Law and Business | 225 |
This is a must-read for any product lawyer who wants to be a trusted business partner. Adrienne and Olga have written the quintessential guide for lawyers at every level. It’s engaging and so useful with practical advice, tips, and the checklists you’ve always wanted to have at your fingertips. I highly recommend.
Eve Saltman
The modern corporate lawyer needs to be fluent in the technologies, products, and industries they support. They must help their clients and corporate partners assess and navigate risk. They need to not just understand regulatory landscapes, but counsel on where they might be heading. Product Counsel: Advise, Innovate, and Inspire doesn't just address these issues, it provides roadmaps and frameworks for legal practitioners to upskill their careers. Adrienne Go and Olga Mack bring decades of combined experience, and their work is essential reading – not just for traditional product counsels but for all corporate legal professionals looking to stay ahead in an evolving landscape.
Adam Sterling
This book is a master class for lawyers who want to be great product lawyers for the world's top companies. Adrienne and Olga know their stuff and lay it out in a thorough, clear, and entertaining manner – you'll keep this book by your computer and refer to it over and over again. Highly recommended.
Rob Chesnut
This book outlines the steps necessary to become a business-focused lawyer, a product counsel who can support and advise leadership in their journey by understanding the business and products. Legal advice can be critical to the success of a business, and by understanding how to deliver that advice, you can gain the trust of your colleagues across the company. The framework described in this book is a great foundation for your journey to successful legal leadership at your company.
Karna J. Nisewaner
The last few decades have seen an explosion in new technologies, new products, and new laws and regulations. At the intersection of all of this sits a new type of lawyer – the product counsel – to help businesses create successful, user-delighting products while managing legal risks. Product Counsel: Advise, Innovate and Inspire by Adrienne Go and Olga V. Mack provides a thorough overview of this new legal specialty, suitable for both newcomers interested in understanding its scope and more experienced practitioners looking for a detailed framework about how to best practice the discipline. In clear, punchy prose the authors explain not just what product counseling is, but how best to achieve excellence in its practice. Highly recommended.
Michael Jacobson
Olga V. Mack
https://www.linkedin.com/in/olgamack/
Olga V. Mack is an accomplished entrepreneur, executive, and attorney dedicated to harnessing transformative technologies for positive change in law. Serving as a lecturer at Berkeley Law, fellow at CodeX, The Stanford Center for Legal Informatics, and Generative AI editor at law.MIT Computational Law Report, Olga is a strong advocate for the integration of innovative technologies that enhance functionality and accessibility. With a proven track record as an award-winning general counsel, CEO, and tech start-up advisor, Olga encourages the adoption of cutting-edge technologies to drive progress and efficiency. As a seasoned TEDx presenter, Olga leverages her unique blend of expertise in technology and business to inspire and educate audiences. Recognized as a top speaker and thought leader, she shares her insights through various platforms, including Forbes, Bloomberg Law, law.MIT Computational Law Report, Newsweek, Venture Beat, law.com, Above the Law, and ACC Docket. Her accomplishments include being honored with prestigious awards such as Silicon Valley Women of Influence, ABA Women in Legal Tech, Make Your Mark, Corporate Counsel of the Year, and Women Leaders in Technology Law.
Adrienne Go
https://www.linkedin.com/in/adrienne-go-91954a3/
Adrienne Go is a lawyer who loves to build. As a real estate associate at Morrison & Foerster, Adrienne counseled on complex real estate and business transactions, learning how bricks and mortar actually create buildings. As a deputy city attorney with the San Francisco City Attorney’s office, she advised on building and operating a 21st century airport. As associate general counsel, global product at eBay Inc., Adrienne led a team focused on developing risk-embracing, user-delighting products and technology. Adrienne is author of numerous publications on business-driving in-house lawyering.