General Business Professional Practice

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[Webinar] Ethics - Confidentiality Issues Re: Attorney Client Privilege and Information - June 8th, 12:00pm CT

Confusion surrounds the attorney-client privilege. Many think they have it when they do not and even if they do, they fail to appreciate how easy it is to lose. In either case, not enough attention is paid to the possibility...more

[Event] CLE for In-House Counsel - A 2016 Update on Current Issues Relating to Your Business - June 2nd, Chicago, Ill

Please join us for a complimentary CLE seminar on current issues affecting your business. Taught by leading practitioners at Locke Lord, the seminar offers three hours of CLE credit, including one hour of Professional...more

Shakespeare Week – Part I: Henry IV, Part II – Lawyers and Compliance

What is the most famous line in Shakespeare about lawyers? That is an easy one because lawyer-haters across the world (and lawyer-lovers as well) know it – First thing we do is kill all the lawyers. It comes from Henry IV,...more

Workers' Comp Plaintiff Attorneys Might Be Getting a Bigger Payday in Florida

On April 20, 2016, the 1st District Court of Appeals fired the most significant shot in years at controversial attorney fee restrictions in Florida. In 2003, the Florida State Workers' Compensation Statute placed strict...more

Draft Agreements with Contract Construction Principles in Mind

Generally it’s the parties’ mutual intent that controls a contract’s interpretation. But that intent isn’t always easy to figure out. When the parties dispute a contract’s interpretation and it goes to court, the court...more

7 Tips for Improving Any Negotiation

Most people, including many lawyers, simply don’t like to negotiate. This often results in hurrying through negotiations just to escape the pressure, at the expense of the best possible outcome. It doesn’t have to be this...more

[Event] cyberSecure by ALM - Dec. 15-16, New York, NY

Introducing ALM's cyberSecure — A two-day event designed to unite business leaders and the entire risk management team. Sessions and workshops will provide more than 1,500 attendees the insights and connections necessary to...more

Drafting Employment Agreements – What Can We Learn from Ralph Lauren

One of the little facts that’s not widely known is that the SEC typically publishes all sorts of executive employment agreements for publicly-traded companies. They’re ready and available for download....more

Better Send a Letter Before the First Consultation

A prospective client makes an appointment with you to discuss his or her case. Immediately send a letter setting out some information and a few key points. First off, you’ll definitely want to confirm the date, time, and...more

Got a Fee Dispute? Know Your Client’s Rights Under the MFAA

When it comes to fee disputes, the best line of defense is always prevention. So it’s key to reach a clear understanding about fees with each prospective client before entering a representation agreement. But what should you...more

3 Reasons to Draft Fair Contracts

An attorney drafting an agreement has an obligation to represent the client zealously and to prepare a contract that maximizes the client’s legal and business advantages. But does this mean that an attorney may include...more

Know What You Are and Are Not Giving Up in a Release

Because over 95 percent of civil disputes are resolved without a final judgment, parties routinely enter into settlement agreements that include releases. Further, for those disputes that do not spawn formal litigation, it is...more

FCPA Compliance and Ethics Report-Episode 175-Debra Bruce on new methods for law firm funding and its implications [Video]

In this episode I visit with Debra Bruce, Principle at Lawyer-Coach. She discusses the recent IPO of the English law firm Gately and alternative funding vehicles available to UK law firms. She explains how these new models...more

Bjarne Tellmann of Pearson on Major Disruption in the Legal Industry [Video]

The unbundling of legal services and the refinement of technology are causing major disruption in the legal industry. Gone are the days of the one-stop shop, as the GCs of major corporations increasingly seek out law firms...more

[Webinar] Peeling Back the Curtain: Working with Your Legal Department to Optimize Your Relationship With Your Outside Law Firms -...

The pressure between managing external legal costs and efficient execution of your company’s legal tasks while maintaining a successful relationship with your outside law firms can be a challenge. In this webinar, we examine...more

7 Contract Damages Provisions to Bargain Over

When you’re negotiating and drafting a contract, your client may be excited and focused on the positives, but you have to keep your eye on the dark side, i.e., the consequences of a breach. Consider bargaining over favorable...more

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

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