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DarrowEverett LLP

Allocating Risk in Real Estate Sales: Representations and Warranties

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Although a majority of buyers in real estate transactions rely on their own inspections of property, most real estate purchase and sale agreements contain some seller representations and warranties regarding key factual...more

Holland & Knight LLP

What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

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In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing...more

Burr & Forman

Checklist for Addressing Data Privacy and Cybersecurity with Your Vendors

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In our last newsletter, we discussed due diligence as it relates to selection of vendors. The second part of that exercise is to negotiate your agreement with the vendor to properly manage any risks you identified. In this...more

King & Spalding

New Expansive Rules for Clawback of Incentive-Based Compensation

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Several recent developments with the U.S. Securities and Exchange Commission (“SEC”) come into effect this year, including the new pay-versus-performance proxy disclosure as well as new Rule 10b5-1 rules and related...more

Adams and Reese LLP

Risky Business – Making Indemnities Work

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Businesses and individuals enter into indemnification or hold harmless agreements to protect one party of the transaction from the risks or liabilities created by the other party of the transaction. To defray the costs in...more

Kennedys

An in-depth look at the Target decision finding that loss-of-use damages included costs of replacing payment cards compromised in...

Kennedys on

On March 22, 2022, the United States District Court for the District of Minnesota ruled that two ACE insurers were obligated to indemnify Target Corporation (“Target”) for the amounts it paid to settle claims related to...more

King & Spalding

The Lasting Impact of Kokesh: Footnote 3 and Beyond

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In June 2017, the Supreme Court held in Kokesh v. SEC that SEC disgorgement is a penalty, rather than an equitable remedy, and thus subject to the five-year statute of limitations codified in 28 U.S.C. § 2462. More than two...more

Partridge Snow & Hahn LLP

9 Important Questions To Ask Before Joining A Nonprofit Board

You are ready to join a nonprofit board so you can help support the good work that it does. Do you know the risks associated with serving in this important role?  ...more

Jones Day

Mitigating Product Liability for Artificial Intelligence

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The Situation: New technologies incorporating AI create questions about how product liability principles will apply and adapt. The Issue: Legislatures and courts have not addressed how product liability laws apply to new...more

McGuireWoods LLP

Allocation of Data Breach Risks and Costs in Vendor Contracts: Negotiate, Negotiate, Negotiate (And Negotiate Again!) Limitations...

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“A significant data breach is likely to cost the company materially, and costs could drag on for a number of years,” analyst Shlomo Rosenbaum, commenting on the Equifax breach. Organizations increasingly rely on...more

Jackson Lewis P.C.

Federal Court Dismisses Employer’s Claims For Indemnification And Contribution Against Drug Testing Vendor After False Positive...

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A federal court in South Dakota granted a motion to strike and a motion to dismiss filed by the Equal Employment Opportunity Commission (“EEOC”) and the laboratory that conducted drug tests for the Defendant employer, holding...more

Bilzin Sumberg

New Wave of Lehman Litigation Appears to Be Imminent

Bilzin Sumberg on

Thousands of mortgage lenders across the country either recently received, or will soon be receiving, this document from Lehman Brothers Holdings, Inc. (LBHI). It is a notice of a motion to approve a proposed settlement of...more

Cadwalader, Wickersham & Taft LLP

2016 Year In Review: Corporate Governance Litigation And Regulation

2016 saw many notable developments in corporate governance litigation and related regulatory developments. In this article, we discuss significant judicial and regulatory developments in the following areas: Mergers...more

BakerHostetler

Five Practice Pointers: Risk Allocation in Enterprise Cloud Service Agreements

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Outsourcing information technology functions to the cloud entails risk for both companies and cloud service providers, especially when sensitive data is stored in the cloud. Sensitive data carries business risk and may be...more

Zelle  LLP

Big Data in Human Resources = Big Decisions for HR Pros

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Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

Adler Pollock & Sheehan P.C.

Mergers & Acquisitions Glossary

This Glossary contains many of the important terms and definitions used in the M&A world. The Glossary is not exhaustive, however. Like most areas of the law, M&A is a highly complex subject that involves several legal and...more

Cooley LLP

Blog: Four Steps to Minimize the Impact of Your Competitors’ Patents

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The success of your new venture depends on avoiding costly and time consuming patent litigation. Mature companies often engage patent counsel to provide “freedom to operate” opinions with respect to specific products or...more

Nossaman LLP

California Insurance Coverage Cases Raising Key Issues On The Horizon

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This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California specifically, it is apparent to us that the Hartford Insurance...more

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