Commercial Law & Contracts, Business Torts, Communications & Media Law

Indemnity Prohibition

by Peter Bauman - Senior Associate at Tharpe &... on 5/17/2013

On January 1, 2013, new rules governing indemnification in construction contracts went into effect under SB 474 in California. The new law impacts commercial real estate, and public and residential projects. The big picture...more

Who Owns Your Online Persona?

by Wayne Chang, Paul Cowie | Sheppard Mullin Richter & Hampton LLP on 3/27/2013

Originally published in The Recorder on March 22nd, 2013. Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who...more

Commercial Restructuring & Bankruptcy Alert - February 2013

by Peter Clark, Joseph Filloy, Joanne Finch, Marsha Houston, Jeanne Stancampiano Lofgren, Elizabeth McGovern, Charlotte Møller, Ann Pille, Christopher Rivas, Jared Roach, Richard Robinson, more +Brian Schenker, Alison Wickizer Toepp, Lauren Zabel | Reed Smith on 2/21/2013

In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License...more

The Common Law Release Rule Meets Its Demise In California

by Peter Bauman - Senior Associate at Tharpe &... on 1/15/2013

California Code of Civil Procedure Section 877 (CCP 877) modified what is commonly referred to as the common law release rule. Prior to 1957, that rule held that the release of one tortfeasor given by a plaintiff had the...more

Letters of Intent Binding or Not

by Robert Freedman - Partner at Tharpe & Howell,... on 1/14/2013

Be careful, your Letters of Intent may be binding unless drafted properly. That’s the message from a 2011 case First National Mortgage Co. v. Federal Realty Investment Trust, 631 F.3d 1058 (February 1, 2011). Companies...more

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

by Robert Freedman - Partner at Tharpe & Howell,... on 1/11/2013

Does a party named as an additional insured under an insurance policy also qualify as an ”insured” under the policy for purposes of the interinsured exclusion? That was the question in a recent property damage case decided by...more

Business Law Newsletter - January 2013

by Rachelle E. Hill, James V. Irving | Bean, Kinney & Korman, PC on 1/10/2013

In This Issue: - Written Contracts and the Statute of Limitations...Page 1 - Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2 - Business Tort Brings Sanctions...Page 3 -...more

2012 Workplace Issues in Review – What H.R. needs to know

by Robert Freedman - Partner at Tharpe & Howell,... on 1/10/2013

Employers have a lot on their plates for 2013 based on employment law developments during 2012. Here’s a short list of some issues that need to be addressed. It is not a comprehensive listing but offers highlights in certain...more

Best Practices in Drafting Corporate Shareholder Agreements

by Peter Bauman - Senior Associate at Tharpe &... on 1/10/2013

Corporate shareholder agreements are vital for many companies with more than one shareholder, especially non-public companies with a limited number of persons owning shares. The shareholder agreement typically details the...more

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

by Robert Freedman - Partner at Tharpe & Howell,... on 1/9/2013

The US Supreme Court recently vacated a decision by the Oklahoma Supreme Court, holding that the national policy favoring arbitration found in the Federal Arbitration Act (“FAA”) and supporting case law, a policy which...more

Contract Disputes and Prevailing Party Attorneys Fees in California

by Peter Bauman - Senior Associate at Tharpe &... on 1/9/2013

Under California law, the recovery of attorneys’ fees are authorized by statute in a variety of situations. Among these are contract disputes. The “prevailing party” in a contract dispute is entitled to recover their...more

E-Discovery Guidelines Coming To A Court Near You

by Robert Freedman - Partner at Tharpe & Howell,... on 1/8/2013

New E-Discovery Guidelines related to the discovery of electronically stored information (“ESI”) have been approved by the U.S. District Court for the Northern District of California. Find the Guidelines and related documents...more

Enforceable On-Line Terms of Service

by Peter Bauman - Senior Associate at Tharpe &... on 1/7/2013

If your company uses a browsewrap license agreement on your website, it may not be legally binding on site visitors. That’s the message from a recent case, In re Zappos.com Inc., Customer Data Security Breach Litigation,...more

Duty Of An Insurer To Defend An Additional Insured

by Robert Freedman - Partner at Tharpe & Howell,... on 1/2/2013

Many commercial contracts require the seller to maintain insurance against stated risks and also requires that the purchaser be named an additional insured under the seller’s insurance policies. This typically requires that...more

Employee Burnout

by Robert Freedman - Partner at Tharpe & Howell,... on 1/1/2013

Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention. In the rush to...more

Mobile App Privacy Developments In California

by Robert Freedman - Partner at Tharpe & Howell,... on 12/31/2012

The Attorney General of California has begun sending non-compliance letters to mobile app developers who are not complying with the State’s privacy laws because their apps do not have a privacy policy. The apps targeted are...more

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

by Peter Bauman - Senior Associate at Tharpe &... on 12/31/2012

In most situations, an employer in California can terminate an employee for almost any reason, so long as it is not discriminatory, assuming the employee is at-will. In Veronese v. Lucasfilm LTD (12/10/2012) a job...more

Employer Liability for Unreported Time

by Robert Freedman - Partner at Tharpe & Howell,... on 12/28/2012

A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist...more

Notes For General Counsel

by Robert Freedman - Partner at Tharpe & Howell,... on 12/27/2012

A recent article on the Practical Law website, identified major horizon issues for General Counsel. We highlight a selected sample of these issues by subject area below: Commercial: Green Guides The FTC issues revised...more

Increase In Wage and Hour Lawsuits

by Robert Freedman - Partner at Tharpe & Howell,... on 12/26/2012

According to statistics from various sources, including the Equal Employment Opportunity Commission and the Administrative Office of the U.S. Courts, employment related claims and lawsuits, especially those related to unpaid...more

Legal Project Management Can Reduce Cost and Future Expense

by Peter Bauman - Senior Associate at Tharpe &... on 12/26/2012

Companies can employ process management techniques to run more efficiently and reduce future legal costs. Among the many steps a company can take in this regard with respect to legal services are the following: 1. When...more

FTC. v. Wyndham Litigation

by Robert Freedman - Partner at Tharpe & Howell,... on 12/25/2012

The Federal Trade Commission (“FTC”) has been active in recent years pursuing companies that suffer data security breaches and arguably failed to live up to the data security standards promised in their privacy policies....more

Letters Of Intent: Binding Or Not?

by Peter Bauman - Senior Associate at Tharpe &... on 12/25/2012

Be careful, your Letters of Intent may be binding unless drafted properly. That’s the message from a 2011 case First National Mortgage Co. v. Federal Realty Investment Trust, 631 F.3d 1058 (February 1, 2011). Companies...more

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

by Peter Bauman - Senior Associate at Tharpe &... on 12/24/2012

Does a party named as an additional insured under an insurance policy also qualify as an ”insured” under the policy for purposes of the interinsured exclusion? That was the question in a recent property damage case decided by...more

E-Discovery Litigation Holds

by Robert Freedman - Partner at Tharpe & Howell,... on 12/21/2012

Preserving company E-mail that may be relevant in litigation is important for every business. Failure to do so can open a company to liability for breaching the duty to preserve evidence. Sending a notice to employees who...more

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Commercial Law & Contracts › Business Torts › Communications & Media Law

Indemnity Prohibition

Who Owns Your Online Persona?

Commercial Restructuring & Bankruptcy Alert - February 2013

The Common Law Release Rule Meets Its Demise In California

Letters of Intent Binding or Not

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

Business Law Newsletter - January 2013

2012 Workplace Issues in Review – What H.R. needs to know

Best Practices in Drafting Corporate Shareholder Agreements

US Supreme Court Upholds Arbitrators Authority to Decide the Validity of a Non-Compete Clause in an Arbitration Agreement

Contract Disputes and Prevailing Party Attorneys Fees in California

E-Discovery Guidelines Coming To A Court Near You

Enforceable On-Line Terms of Service

Duty Of An Insurer To Defend An Additional Insured

Employee Burnout

Mobile App Privacy Developments In California

Business Judgment Rule & Employment Discrimination Veronese v. Lucasfilm

Employer Liability for Unreported Time

Notes For General Counsel

Increase In Wage and Hour Lawsuits

Legal Project Management Can Reduce Cost and Future Expense

FTC. v. Wyndham Litigation

Letters Of Intent: Binding Or Not?

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

E-Discovery Litigation Holds

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