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In-House Counsel Need to Think Like a Litigator When Drafting Contracts

Memorializing an agreement in a written contract serves two primary purposes. First and foremost, a written contract should clearly set out the deal terms so that there is little or no chance of a misunderstanding as to what...more

4/23/2013 - Contract Drafting In-House Counsel

“Work Spouse Privilege” Recognized by Massachusetts Supreme Judicial Court

In a closely watched case, Ayeprel v. Phules, the Supreme Judicial Court of Massachusetts formally recognized that confidential communications between so-called “work spouses” may be privileged. The 5-4 decision makes...more

4/1/2013 - April Fool's Day Work Spouse Privilege

New FTC Advertising Guidelines Are Worth a Review

In a recent post, I discussed how a company could be liable for referencing a third-party’s unbiased endorsement if, unbeknownst to that company, the basis for the endorsement turned out to be unjustified. In another...more

3/22/2013 - Advertising Disclosure Requirements Dot Com Disclosure Guide FTC Marketing Mobile Devices

Limiting Intra-Company Conversations About Disputes is Critical

When an employee talks to in-house or outside counsel for the purpose of obtaining legal advice for the company, that communication will be privileged and can be protected from disclosure. Likewise, when in-house counsel is...more

3/8/2013 - Attorney-Client Privilege In-House Counsel US v Tedder

Re-Publishing a Third-Party’s Unbiased Endorsement Can be Perilous

It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more

2/22/2013 - Competitive Speech Endorsements False Advertising False Press Release False Statements First Amendment Genzyme Pharmaceutical Republishing Scientific Speech Sherman Act Social Media

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