Robert Freedman - Partner at Tharpe & Howell, LLP

Legal Project Management Can Reduce Cost and Future Expense

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

| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance,...

Letters of Intent Binding or Not

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 often…more

| Business Organizations, Business Torts, Commercial Law & Contracts,...

Case Highlights Need for Waiver of Subrogation Between Additional Insureds

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

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

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

| Business Organizations, Business Torts, Commercial Law & Contracts,...

E-Discovery Guidelines Coming To A Court Near You

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

| Business Torts, Civil Procedure, Commercial Law & Contracts,...

Practical Implications Of Howell v. Hamilton Meat

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule…more

| Business Torts, Insurance, Labor & Employment Law, Personal Injury,...

Valuing A Litigation Claim

Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical…more

| Alternative Dispute Resolution (ADR), Business Torts, Civil Procedure,...

Duty Of An Insurer To Defend An Additional Insured

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 the…more

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

Employee Burnout

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

| Administrative Law, Business Torts, Commercial Law & Contracts,...

Mobile App Privacy Developments In California

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

Employer Liability for Unreported Time

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 Memorial…more

| Administrative Law, Business Torts, Commercial Law & Contracts,...

Notes For General Counsel

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 Green…more

| Business Organizations, Business Torts, Civil Procedure, Commercial Law...

Increase In Wage and Hour Lawsuits

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

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

FTC. v. Wyndham Litigation

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. There…more

| Administrative Law, Business Torts, Commercial Law & Contracts,...

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