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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

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

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