Ben Kerschberg

In August 1996, I spent the night in a random hotel in Kearney, Nebraska. I made it to Kearney from Salt Lake City (750 miles or so) in one very long day. I don't remember much about that drive, but I don't fault myself on that count. There isn't much...

My college tour during the summer of 1988 wound down in Boston. I enjoyed the trip, but each school was but a prelude to the real reason I was on the tour: to visit the Boston Garden. When my parents announced one morning that the day's itinerary was Boston's historic...

On Thanksgiving Day at my parents' house, I had the opportunity to walk with them through our neighborhood park, where I used to shoot hoops for hours on end no matter the weather. My friends and I spent so many amazing afternoons there; my father and I played in the...

It appears that a truncated 66-game NBA season will get underway on December 25, always a marquee afternoon for the league. Remember Patrick Ewing and the Knicks' double overtime "Christmas Day Massacre" of the Celtics in 1985? So with the eminent return of the world's best basketball players,...

Two Sundays ago, Tim Tebow, the second-year Denver Broncos' quarterback, did the unthinkable. He led his team to victory over division rival Kansas City. Why was this remarkable? As the team's starter, Tebow attempted only eight passes. He completed only two for 69 yards and one touchdown. Teams...

Cloud computing may be defined as location independent computing whereby shared servers -- for the purposes of this article, external to the enterprise -- provide resources, software, and data to computers and other devices on demand. Cloud computing may have started out as an emerging trend that only IT professionals...

Businesses must consider the way they handle electronic health records ("EHRs"), not only to comply with the Health Information Technology for Economic and Clinical Health Care Act's ("HITECH Act") mandates, but also because EHRs are now the predominant form of evidence in regulatory proceedings and litigation related to health care.

The Chief Information Officer ("CIO") is typically the most senior executive responsible for the information technology and computer systems that support enterprise goals. As the relationship between IT and business strategy converges, CIOs find themselves at the center of a paradigm shift. They can no longer succeed simply by making...

Individual corporate executives and directors of multinational corporations will soon face high-stakes lawsuits for alleged human rights violations by their corporations and third parties, including the actual foreign governments of the countries in which they do business.

In a recent piece in The Huffington Post, I argued...

As we turn the corner into the new year, corporate counsel need to identify important legal issues facing their companies in 2011. One of the most critical is the implementation of stringent corporate anti-corruption policies in order to keep pace with the shifting landscape of enforcement -- including a rising...

Within the same week that McKinsey Quarterly published an article addressing how private-sector companies can enjoy sizable benefits by empowering women in the workforce, particularly in developing countries, The New York Times reported on the remarkable gender gap in the high-tech world of Silicon Valley. See Irina A. Nikolic &...

I recently spoke with the Managing Counsel of a publicly traded multinational corporation with a market cap well over $150 billion and operations on every continent. Although he had read a recent federal court of appeals opinion about the Alien Tort Statute ("ATS"), he admitted that he had little idea...