April 2014

In this installment of The In-House Advisor, we interview Keith Wexelblatt, Associate General Counsel at Reebok International Ltd. After being in private practice for 5 years, Keith joined Reebok as in-house counsel in 1998. In his present role, Keith manages the litigation and employment work for Reebok and various of its affiliates. In addition, he oversees all the legal work for, and leads the HR department of, Montreal based Reebok-CCM Hockey.

The In-House Advisor (IHA): The role of in-house counsel has changed a lot since you first went in-house. How do you see that role changing going forward and how can today’s in-house counsel prepare for those changes?

Keith Wexelblatt (KW): In-house practice has changed dramatically in my 16 years while at Reebok. Attorneys must now manage issues with less internal resources and follow directives to utilize outside firms to a lesser degree as cost concerns play an even bigger role in the decision-making process. You must assume even greater risks, but still maintain an ability to distinguish between knowledgeable risk-taking actions and recklessness. Also, the amount of change in technology, social media and legislation insures rapid and constant change, which places extra burdens on keeping abreast of these … Keep reading

Just a few weeks ago, the Massachusetts legislature enacted a statute to close a loophole in the law in order to make “upskirting” a crime. While the law appeared to have universal support, one man apparently does not think the law goes far enough.

Angus MacPhool of Leicester, Massachusetts works as a general laborer at a farm owned by Ewan MacDonald, Sr. One day while MacPhool was climbing a ladder to bale hay from a loft in the barn, 5 year-old Ewan MacDonald, Jr., who was playing in the barn with his father’s smartphone, apparently took a picture of MacPhool. MacDonald, Jr., who plainly is quite the child prodigy, then apparently uploaded the photo to the Internet and inserted the phrase “hee-hee” in various places. While this might not seem like a big deal, MacPhool wears a kilt and is a “True Scotsman.”

After MacPhool learned of the photo, he was able to trace the uplink back to the elder MacDonald’s smartphone and brought suit against MacDonald. In his complaint, MacPhool alleged:

12.   Defendant Ewan MacDonald, Sr. (“Old MacDonald”), had a farm, and on that farm he had a barn.
13.   Old MacDonald had a … Keep reading