General Business Professional Practice

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Streaming At The Edge Of The Law

One of this year’s themes at the South by Southwest (SxSW) festival is “Surviving the Shift: Rethinking Music and Data.” The music industry is transforming itself as the trend in buying music shifts from digital download to...more

Another Invalidated Clickwrap Agreement

The foremost case dealing with whether “wrap agreements” (e.g. clickwrap, shrinkwrap and browsewrap) are legal is almost 13 years old. See Specht v. Netscape Commc’ns Corp., 306 F.3d 17 (2d Cir. 2002). And yet, a new case...more

Practice Tips for New Tax Associates

We are tax law specialists with a focus on international and Massachusetts taxation. I have drafted this memorandum to help new tax associates understand what is expected of them. This memorandum covers tips on drafting...more

And the Academy Award for the Most Competent E-Discovery Counsel Goes To . . .

After all the jokes were told, the statuettes (both Lego and real) were handed out, and the speeches were made, one image stood out above the rest from this year’s Academy Awards: John Travolta clutching the chin of “Adele...more

Contract Drafting 101

Do you feel like you learned a lot about contract law in law school, but very little on how to actually draft one? You’re not alone. Check out these principles of contract structure and organization, and you’ll have no...more

Green Guide for Lawyers

The Meritas Green Guide was co-authored by a group of Meritas lawyers to help member firms and their constituents identify and understand some of today's key environmental issues. The guide outlines sustainable...more

Electronic Signature (eSignature) Court Decision — a rare one

In an odd electronic signature (eSignature) context, on December 30, 2014 a California appellate court reversed a trial court’s upholding of a settlement agreement based on a typewritten name in an email string. See J.B.B....more

A Guide for General Counsel: Structuring your legal team

General Counsels and other heads of legal are required to provide an efficient and effective in-house legal department to the wider business. This article is aimed at both new GCs setting up a new in-house legal department...more

Representing Others Before The SEC

Not too long ago, I wrote about the Shareholder Rights Project (SRP) at Harvard Law School, noting that the SRP’s website and correspondence to the Securities and Exchange Commission explicitly stated that the SRP was...more

Illinois Supreme Court Debates Workers' Comp Commission and Attorneys' Fees

Does the Workers’ Compensation Commission have exclusive jurisdiction over a plaintiff’s claim for breach of an agreement to pay referral fees in connection with two workers’ compensation cases? That’s the question the...more

Illinois Supreme Court Debates Applicability of Innocent Insured Doctrine

Does the innocent insured doctrine – which provides that one of multiple insureds doesn’t necessarily lose coverage if he or she wasn’t involved in a breach – apply to renewal applications? That’s the question the Illinois...more

Minority Powerbrokers Q&A: Carlton Fields' Ann Black

Ann Young Black is a shareholder and co-chairwoman of the financial services regulatory practice group at Carlton Fields Jorden Burt PA. She counsels financial services clients on a broad range of insurance, securities and...more

4 Steps to Drafting a Contract to Your Client’s Advantage

Yes, drafting a contract takes a lot of work. But it generally takes less time to draft a contract document that advances your client’s interests than it does to modify another party’s document to achieve that result. So...more

Hidden Traps: Subject Matter Conflicts of Interest in Patent Prosecution

Attorneys who have been practicing for more than a day are familiar with the process of conflicts of interest searches. A new client comes into the office or firm, the attorney or conflicts team searches a client database for...more

SullCrom Sees Litigation Boom Despite Waning Credit Crisis [Video]

Dec. 11, 2014 (Mimesis Law) -- Karen Seymour and Rick Pepperman, co-managing partners of the litigation group at Sullivan & Cromwell, talk with Lee Pacchia about the current state of investigations and commercial litigation....more

10 Ways to Finance a Business

A great business idea is not enough—a business needs capital to thrive. Attorneys can help their clients consider all the financing options, figure out which one(s) are the best fit, and comply with applicable laws....more

International Bar Association Releases Guidance for Lawyers on the U.N. Guiding Principles

The Business and Human Rights Working Group of the International Bar Association (“IBA”) recently released draft guidance for bar association and business lawyers on implementation of the U.N. Guiding Principles on Business...more

How This Investment Firm Hopes to Revolutionize Litigation in America [Video]

Oct. 30, 2014 (Mimesis Law) -- Ralph Sutton, Chief Investment Officer at Bentham IMF, talks with Lee Pacchia about the business of funding small to medium-sized plaintiffs in commercial and patent litigation around the world....more

What should I do when a commercial dispute lands on my desk?

When a dispute arises, a risk manager/in-house counsel may find it difficult to remember everything they should keep in mind while trying to get to grips with the factual/legal issues and putting in place a litigation...more

In New Jersey, arbitration clauses in consumer contracts are unenforceable when the parties to the contracts do not explicitly...

The Supreme Court for the State of New Jersey held that the failure to include specific trial by jury waiver language in arbitration clauses renders them unenforceable in consumer contracts, notwithstanding the fact that said...more

Lies That Prospective Retirement Plan Providers May Tell You

When we were children, our mothers told us stories that we believed to be true because we always believed what our parents were telling us was the truth. Part of growing up is realizing that a good chunk of what your mom told...more

Client Q&A: Frances Chou, Esq., COO & GC, Transworld Capital Group

Q: In your best relationships with outside counsel, what are three important things other lawyers could learn from them? A: Timely response. Understand business needs in order to assist business people in making an...more

The General Counsel Is Not The Shareholders’ Agent

A recent paper by Adair Morse, Wei Wang, and Serena Wu, Executive Gatekeepers: Useful and Divertible Governance, tackles interesting questions about the the effectiveness of internal gatekeepers and the impact of equity...more

How the Financial Crisis Changed Cahill Gordon  [Video]

August 21, 2014 (Mimesis Law) -- Dan Zubkoff, partner and executive committee member at Cahill Gordon & Reindel, talks with Kent Zimmermann about the firm's strong financial performance since the financial crisis in 2008....more

Decisions Do Not Apply "Jewel Doctrine" to Departed Partners' Fees - Legal Fees Earned by Departed Partners in Now-Defunct Law...

A California District Court recently held that a bankruptcy trustee could not claim a property interest in the hourly fee matters pending at the now-dissolved Heller Ehrman LLP law firm. This June California decision was...more

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